Common use of Payments to Class Members Clause in Contracts

Payments to Class Members. 1. The Settlement Fund will be distributed as follows: Following the distribution of attorney fees, costs, and incentive awards, the remaining amount will be paid to the Class Members who submit a valid claim based on the following calculations: (a) Class Members who are not Medicare eligible and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (b) Class Members who are Medicare eligible but for whom it is determined Medicare does not have a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. Payment will be released after the Defendants have confirmed that Medicare has no lien and have so informed the Settlement Administrator. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (c) Class Members who are Medicare eligible and for whom it is determined Medicare has a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below minus any amount due Medicare. Payment will be released after the Defendants have confirmed the amount of the lien and have so informed the Settlement Administrator of the amount due the Class Member and the amount due Medicare. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (d) The total amount remaining in the Settlement Fund after deduction of attorneys' fees, costs, incentive awards, and payments pursuant to Paragraph 1(a) will be divided by the total number of Class Members who submit a valid claim. (e) If the award described in Paragraph 1(d) exceeds Twenty Five Thousand Dollars ($25,000.00) per Class Member, the amount in excess of such award shall be refunded to Defendants. (f) If any checks are not cashed within three (3) months of the distribution, the Settlement Administrator will notify the Parties of the identities of those Claimants who failed to cash their check. If there is money remaining in the Settlement Fund three (3) months after the payment to the Class Members who make valid claims, then that money will be redistributed pursuant to Paragraphs 1(d) and (e) above. However, if money is to be redistributed because there are unclaimed funds, no class member shall be entitled to more than $25,000.00 (excluding incentive awards and payments made under paragraph 1(a) above) and if all class members receive that amount and unclaimed funds still exist, the unclaimed funds will revert to the Defendants. 2. Records have been provided by Defendants in order to acquire the name and address of each Class Member. The Parties will cause to be mailed to each Class Member the Class Notice and Claim Form with return envelopes for Class Members to mail back. Upon completion of their Claim Form, the Class Members will insert their completed Claim Form into the provided return envelope to mail to the Settlement Administrator. 3. The Settlement Administrator shall compile a list of class members submitting claims to be provided to all Parties. 4. The Parties recognize the possibility that Class Members may attempt to file late claims subsequent to the end of the claims period. Late claims may be allowed, if submitted on or before 30 days after the end of the claims period, for good cause shown as agreed by the Parties. However any claims submitted more than thirty (30) days after the end of the claim period shall not be allowed. To the extent that the Parties cannot agree that good cause is shown, the Settlement Administrator shall make the final decision regarding whether to allow a late claim. All late claims will be approved by the Court prior to being paid as part of the distribution of the Settlement. 5. After the Final Approval Hearing described below, the Settlement Administrator shall send checks to each Claimant who submits a valid claim pursuant to the distribution calculated in Section III(B) within fourteen (14) days of the Effective Date. If after three (3) months a check remains uncashed and money remains in what is left of the Settlement Fund, the remainder shall be redistributed among Claimants as provided under Section III(B) with no Class Member receiving more than $25,000.00. 6. The Parties expressly agree that the funds paid herein are not intended to be payment for economic damages or for punitive damages, but are intended to be payment for damages on account of alleged personal injuries, including, but not limited to, bodily injury, mental and emotional distress, and pain and suffering, arising from an occurrence, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Despite the Parties' intentions, the Plaintiffs, Class Counsel, Defendants’ Counsel, and Defendants make no representations regarding the taxability or non-taxability of any payments made hereunder, and the Parties agree that Defendants, the Settlement Administrator, and Defendants’ insurers shall not be responsible for payment of any taxes on the amounts paid hereunder to Plaintiffs, Class Representatives, Class Members, or Class Counsel. All payment of taxes or other assessments to the state or federal authorities on the amounts paid under this Settlement Agreement, if any, shall be the sole responsibility of Plaintiffs, Class Representatives, Class Members, and Class Counsel with respect to their portion of the Settlement Funds.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

AutoNDA by SimpleDocs

Payments to Class Members. The amount paid to each Class Member shall be calculated as follows: (1) The Net Settlement Fund shall be divided into two parts. The first part, (the “Reg. E Part”) comprised of twenty percent (20%) of the Net Settlement Fund will Fund, shall be distributed as follows: Following made available to members of the distribution of attorney fees, costs, and incentive awards, the remaining amount will be paid to the Regulation E Class who incurred Regulation E Overdraft Charges that were not reversed within 30 days after they were assessed (“Eligible Regulation E Overdraft Charges”). Regulation E Class Members who submit a valid claim based on the following calculations: (a) Class Members who are not Medicare eligible and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (b) Class Members who are Medicare eligible but for whom it is determined Medicare does not have a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. Payment will be released after the Defendants have confirmed that Medicare has no lien and have so informed the Settlement Administrator. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (c) Class Members who are Medicare eligible and for whom it is determined Medicare has a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below minus any amount due Medicare. Payment will be released after the Defendants have confirmed the amount of the lien and have so informed the Settlement Administrator of the amount due the Class Member and the amount due Medicare. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (d) The total amount remaining in the Settlement Fund after deduction of attorneys' fees, costs, incentive awards, and payments pursuant to Paragraph 1(a) will be divided by the total number of Class Members who submit a valid claim. (e) If the award described in Paragraph 1(d) exceeds Twenty Five Thousand Dollars ($25,000.00) per Class Member, the amount in excess of such award shall be refunded to Defendants. (f) If any checks are not cashed within three (3) months of the distribution, the Settlement Administrator will notify the Parties of the identities of those Claimants who failed to cash their check. If there is money remaining in the Settlement Fund three (3) months after the payment to the Class Members who make valid claims, then that money will be redistributed pursuant to Paragraphs 1(d) and (e) above. However, if money is to be redistributed because there are unclaimed funds, no class member assessed Eligible Regulation E Overdraft Charges shall be entitled to more than $25,000.00 make a claim for a refund of up to ten (excluding incentive awards and payments made under paragraph 1(a10) above) and if all class members receive that amount and unclaimed funds still exist, the unclaimed funds will revert to the Defendants. 2such fees. Records Those Class Members who have been assessed Eligible Regulation E Overdraft Charges shall be provided by Defendants in order to acquire the name and address of each Class Member. The Parties will cause to be mailed to each Class Member the Class Notice and a Claim Form with return envelopes for the Notice. The Claim Form shall indicate the number and amount of Eligible Regulation E Overdraft Fees assessed against each such member’s accounts. Class Members to mail back. Upon completion of their who were not assessed Eligible Regulation E Overdraft Charges shall not receive a Claim Form, the Class Members will insert their completed Claim Form into the provided return envelope to mail to the Settlement Administrator. 3. The Settlement Administrator shall compile a list of class members submitting claims to be provided to all Parties. 4. The Parties recognize the possibility that Class Members may attempt to file late claims subsequent to the end of the claims period. Late claims may be allowed, if submitted on or before 30 days after the end of the claims period, for good cause shown as agreed by the Parties. However any claims submitted more than thirty (30) days after the end of the claim period shall not be allowed. To the extent that the Parties cantwenty percent of the Net Settlement Fund allocated to pay Eligible Regulation E Overdraft Charges is not agree that good cause sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. If the total amount of Eligible Regulation E Overdraft Charges claimed is shownless than the full Reg. E Part, the Settlement Administrator excess shall make be added to the final decision regarding whether to allow a late claim. All late claims will be approved by the Court prior to being paid as second part of the distribution Net Settlement Fund (the “Sufficient Funds Part”),and distributed as set forth in subsection 8(d)(iv)(2) below. (2) After completion of the Settlement. 5. After the Final Approval Hearing claims process described belowin subsection 8(d)(iv)(1) above, the Settlement Administrator shall send checks to each Claimant who submits a valid claim pursuant to the distribution calculated in Section III(B) within fourteen (14) days remaining 80% of the Effective Date. If after three (3) months a check remains uncashed and money remains in what is left of the Net Settlement Fund, the remainder Sufficient Funds Part, will be distributed to members of the Sufficient Funds Class who were assessed Sufficient Funds Overdraft Charges. To the extent the portion of the Net Settlement Fund allocated to pay Sufficient Funds Overdraft Charges is not sufficient to make full payment for all such charges, it shall be redistributed among Claimants as provided under Section III(Bdistributed on a pro rata basis. (3) with no Because members of the Sufficient Funds Class Member receiving may also be members of the Regulation E Class, there may be circumstances where Sufficient Funds Overdraft Charges will also be Eligible Regulation E Overdraft Charges. To prevent Class Members from recovering more than $25,000.00. 6. The Parties expressly agree that the funds paid herein are not intended to be payment for economic damages or for punitive damages, but are intended to be payment for damages on account of alleged personal injuries, including, but not limited to, bodily injury, mental and emotional distress, and pain and suffering, arising from an occurrence, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Despite the Parties' intentions, the Plaintiffsfees they paid, Class Counsel, Defendants’ Counsel, and Defendants make no representations regarding the taxability or non-taxability of any payments made hereunder, and the Parties agree that Defendants, the Settlement Administrator, and Defendants’ insurers Members shall not be responsible entitled to recover more for payment of any taxes on each allegedly improper fee than the amounts paid hereunder to Plaintiffs, Class Representatives, Class Members, or Class Counselactual amount charged for such fee. All payment of taxes or other assessments to the state or federal authorities on the amounts paid under this Settlement AgreementThus, if any, shall be the sole responsibility of Plaintiffs, a Class Representatives, Class Members, and Class Counsel with respect to their portion of the Settlement Funds.Member was charged

Appears in 1 contract

Samples: Settlement Agreement

Payments to Class Members. The amount paid to each Class Member shall be calculated as follows: (1) The Net Settlement Fund shall be divided into two parts. The first part, (the “Reg. E Part”) comprised of ten percent (10%) of the Net Settlement Fund, shall be made available to members of the Regulation E Class who incurred Regulation E Overdraft Charges that were not reversed within 10 days after they were assessed (“Eligible Regulation E Overdraft Charges”). Regulation E Class Members who were assessed Eligible Regulation E Overdraft Charges shall be entitled to make a claim for a refund of up to five (5) such fees. Those Class Members who have been assessed Eligible Regulation E Overdraft Charges shall be provided a Claim Form with the Notice. The Claim Form shall indicate the number and amount of Eligible Regulation E Overdraft Fees assessed against each such member’s accounts. Class Members who were not assessed Eligible Regulation E Overdraft Charges shall not receive a Claim Form. To the extent the ten percent (10%) of the Net Settlement Fund will allocated to pay Eligible Regulation E Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. If the total amount of Eligible Regulation E Overdraft Charges claimed is less than the full Reg. E Part, the excess shall be added to the second part of the Net Settlement Fund (the “Sufficient Funds Part”) and distributed as follows: Following set forth in subsection 10(d)(iv)(2) below. (2) After completion of the distribution of attorney fees, costs, and incentive awardsclaims process described in subsection 10(d)(iv)(1) above, the remaining amount of the Net Settlement Fund, the Sufficient Funds Part, will be paid distributed to the Class Members who submit a valid claim based on the following calculations: (a) Class Members who are not Medicare eligible and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (b) Class Members who are Medicare eligible but for whom it is determined Medicare does not have a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. Payment will be released after the Defendants have confirmed that Medicare has no lien and have so informed the Settlement Administrator. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (c) Class Members who are Medicare eligible and for whom it is determined Medicare has a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below minus any amount due Medicare. Payment will be released after the Defendants have confirmed the amount members of the lien and have so informed the Settlement Administrator of the amount due the Sufficient Funds Class Member and the amount due Medicare. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (d) The total amount remaining in the Settlement Fund after deduction of attorneys' fees, costs, incentive awards, and payments pursuant to Paragraph 1(a) will be divided by the total number of Class Members who submit a valid claim. (e) If the award described in Paragraph 1(d) exceeds Twenty Five Thousand Dollars ($25,000.00) per Class Member, the amount in excess of such award shall be refunded to Defendants. (f) If any checks are not cashed within three (3) months of the distribution, the Settlement Administrator will notify the Parties of the identities of those Claimants who failed to cash their check. If there is money remaining in the Settlement Fund three (3) months after the payment to the Class Members who make valid claims, then that money will be redistributed pursuant to Paragraphs 1(d) and (e) above. However, if money is to be redistributed because there are unclaimed funds, no class member shall be entitled to more than $25,000.00 (excluding incentive awards and payments made under paragraph 1(a) above) and if all class members receive that amount and unclaimed funds still exist, the unclaimed funds will revert to the Defendants. 2. Records have been provided by Defendants in order to acquire the name and address of each Class Member. The Parties will cause to be mailed to each Class Member the Class Notice and Claim Form with return envelopes for Class Members to mail back. Upon completion of their Claim Form, the Class Members will insert their completed Claim Form into the provided return envelope to mail to the Settlement Administrator. 3. The Settlement Administrator shall compile a list of class members submitting claims to be provided to all Parties. 4. The Parties recognize the possibility that Class Members may attempt to file late claims subsequent to the end of the claims period. Late claims may be allowed, if submitted on or before 30 days after the end of the claims period, for good cause shown as agreed by the Parties. However any claims submitted more than thirty (30) days after the end of the claim period shall not be allowedwere assessed Sufficient Funds Overdraft Charges. To the extent that the Parties cannot agree that good cause is shown, the Settlement Administrator shall make the final decision regarding whether to allow a late claim. All late claims will be approved by the Court prior to being paid as part portion of the distribution of the SettlementNet Settlement Fund allocated to pay Sufficient Funds Overdraft Charges is not sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. 5. After the Final Approval Hearing described below, the Settlement Administrator shall send checks to each Claimant who submits a valid claim pursuant to the distribution calculated in Section III(B) within fourteen (14) days of the Effective Date. If after three (3) months a check remains uncashed and money remains in what is left Because members of the Settlement FundSufficient Funds Class may also be members of the Regulation E Class, the remainder shall there may be redistributed among Claimants as provided under Section III(B) with no circumstances where Sufficient Funds Overdraft Charges will also be Eligible Regulation E Overdraft Charges. To prevent Class Member receiving Members from recovering more than $25,000.00. 6. The Parties expressly agree that the funds paid herein are not intended to be payment for economic damages or for punitive damages, but are intended to be payment for damages on account of alleged personal injuries, including, but not limited to, bodily injury, mental and emotional distress, and pain and suffering, arising from an occurrence, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Despite the Parties' intentions, the Plaintiffsfees they paid, Class Counsel, Defendants’ Counsel, and Defendants make no representations regarding the taxability or non-taxability of any payments made hereunder, and the Parties agree that Defendants, the Settlement Administrator, and Defendants’ insurers Members shall not be responsible entitled to recover more for payment of any taxes on each allegedly improper fee than the amounts paid hereunder to Plaintiffs, Class Representatives, Class Members, or Class Counselactual amount charged for such fee. All payment of taxes or other assessments to the state or federal authorities on the amounts paid under this Settlement AgreementFor example, if anya Class Member was charged $30 for an Eligible Regulation E Overdraft Charge that is also a Sufficient Funds Overdraft Charge, then that member shall only be the sole responsibility of Plaintiffs, Class Representatives, Class Members, and Class Counsel with respect entitled to their portion of the Settlement Fundsrecover at most $30 for that fee.

Appears in 1 contract

Samples: Settlement Agreement

AutoNDA by SimpleDocs

Payments to Class Members. The amount paid to each Class Member shall be calculated as follows: (1) The Net Settlement Fund shall be divided into two parts. The first part, (the “Reg. E Part”) comprised of twenty percent (20%) of the Net Settlement Fund will Fund, shall be distributed as follows: Following made available to members of the distribution of attorney fees, costs, and incentive awards, the remaining amount will be paid to the Regulation E Class who incurred Regulation E Overdraft Charges that were not reversed within 30 days after they were assessed (“Eligible Regulation E Overdraft Charges”). Regulation E Class Members who submit a valid claim based on the following calculations: (a) Class Members who are not Medicare eligible and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (b) Class Members who are Medicare eligible but for whom it is determined Medicare does not have a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below. Payment will be released after the Defendants have confirmed that Medicare has no lien and have so informed the Settlement Administrator. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (c) Class Members who are Medicare eligible and for whom it is determined Medicare has a lien, and who submit a valid claim and were subjected to the deployment of tasers or pepper spray while held under the Combative Subjects Policy shall receive Three Thousand Dollars ($3,000.00) plus the amount they receive as a class member as identified in subparagraph (d) below minus any amount due Medicare. Payment will be released after the Defendants have confirmed the amount of the lien and have so informed the Settlement Administrator of the amount due the Class Member and the amount due Medicare. The Parties agree to use the records maintained by the Xxxxx County Jail to determine those individuals, as summarized in Exhibit B. (d) The total amount remaining in the Settlement Fund after deduction of attorneys' fees, costs, incentive awards, and payments pursuant to Paragraph 1(a) will be divided by the total number of Class Members who submit a valid claim. (e) If the award described in Paragraph 1(d) exceeds Twenty Five Thousand Dollars ($25,000.00) per Class Member, the amount in excess of such award shall be refunded to Defendants. (f) If any checks are not cashed within three (3) months of the distribution, the Settlement Administrator will notify the Parties of the identities of those Claimants who failed to cash their check. If there is money remaining in the Settlement Fund three (3) months after the payment to the Class Members who make valid claims, then that money will be redistributed pursuant to Paragraphs 1(d) and (e) above. However, if money is to be redistributed because there are unclaimed funds, no class member assessed Eligible Regulation E Overdraft Charges shall be entitled to more than $25,000.00 make a claim for a refund of up to ten (excluding incentive awards and payments made under paragraph 1(a10) above) and if all class members receive that amount and unclaimed funds still exist, the unclaimed funds will revert to the Defendants. 2such fees. Records Those Class Members who have been assessed Eligible Regulation E Overdraft Charges shall be provided by Defendants in order to acquire the name and address of each Class Member. The Parties will cause to be mailed to each Class Member the Class Notice and a Claim Form with return envelopes for the Notice. The Claim Form shall indicate the number and amount of Eligible Regulation E Overdraft Fees assessed against each such member’s accounts. Class Members to mail back. Upon completion of their who were not assessed Eligible Regulation E Overdraft Charges shall not receive a Claim Form, the Class Members will insert their completed Claim Form into the provided return envelope to mail to the Settlement Administrator. 3. The Settlement Administrator shall compile a list of class members submitting claims to be provided to all Parties. 4. The Parties recognize the possibility that Class Members may attempt to file late claims subsequent to the end of the claims period. Late claims may be allowed, if submitted on or before 30 days after the end of the claims period, for good cause shown as agreed by the Parties. However any claims submitted more than thirty (30) days after the end of the claim period shall not be allowed. To the extent that the Parties cantwenty percent of the Net Settlement Fund allocated to pay Eligible Regulation E Overdraft Charges is not agree that good cause sufficient to make full payment for all such charges, it shall be distributed on a pro rata basis. If the total amount of Eligible Regulation E Overdraft Charges claimed is shownless than the full Reg. E Part, the Settlement Administrator excess shall make be added to the final decision regarding whether to allow a late claim. All late claims will be approved by the Court prior to being paid as second part of the distribution Net Settlement Fund (the “Sufficient Funds Part”),and distributed as set forth in subsection 8(d)(iv)(2) below. (2) After completion of the Settlement. 5. After the Final Approval Hearing claims process described belowin subsection 8(d)(iv)(1) above, the Settlement Administrator shall send checks to each Claimant who submits a valid claim pursuant to the distribution calculated in Section III(B) within fourteen (14) days remaining 80% of the Effective Date. If after three (3) months a check remains uncashed and money remains in what is left of the Net Settlement Fund, the remainder Sufficient Funds Part, will be distributed to members of the Sufficient Funds Class who were assessed Sufficient Funds Overdraft Charges. To the extent the portion of the Net Settlement Fund allocated to pay Sufficient Funds Overdraft Charges is not sufficient to make full payment for all such charges, it shall be redistributed among Claimants as provided under Section III(Bdistributed on a pro rata basis. (3) with no Because members of the Sufficient Funds Class Member receiving may also be members of the Regulation E Class, there may be circumstances where Sufficient Funds Overdraft Charges will also be Eligible Regulation E Overdraft Charges. To prevent Class Members from recovering more than $25,000.00. 6. The Parties expressly agree that the funds paid herein are not intended to be payment for economic damages or for punitive damages, but are intended to be payment for damages on account of alleged personal injuries, including, but not limited to, bodily injury, mental and emotional distress, and pain and suffering, arising from an occurrence, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. Despite the Parties' intentions, the Plaintiffsfees they paid, Class Counsel, Defendants’ Counsel, and Defendants make no representations regarding the taxability or non-taxability of any payments made hereunder, and the Parties agree that Defendants, the Settlement Administrator, and Defendants’ insurers Members shall not be responsible entitled to recover more for payment of any taxes on each allegedly improper fee than the amounts paid hereunder to Plaintiffs, Class Representatives, Class Members, or Class Counselactual amount charged for such fee. All payment of taxes or other assessments to the state or federal authorities on the amounts paid under this Settlement AgreementFor example, if anya Class Member was charged $30 for an Eligible Regulation E Overdraft Charge that is also a Sufficient Funds Overdraft Charge, then that member shall only be the sole responsibility of Plaintiffs, Class Representatives, Class Members, and Class Counsel with respect entitled to their portion of the Settlement Fundsrecover at most $30 for that fee.

Appears in 1 contract

Samples: Settlement Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!