Common use of Payments under the Settlement Clause in Contracts

Payments under the Settlement. In consideration of the mutual covenants and promises set forth herein, Defendants agree to make a total payment under this Agreement in an amount up to but not to exceed the Gross Settlement Amount of $2,100,000. In no event shall Defendants be required to pay any amount above the Gross Settlement Amount under this Settlement and this Agreement, except that Defendants shall pay Employer Taxes separate and in addition to the Gross Settlement Amount. The Gross Settlement Amount is subject to increase only as provided in Paragraph 42.f. The Parties agree that the Gross Settlement Amount will be paid by Defendants on a non-reversionary basis and no portion of the Gross Settlement Amount will revert to Defendants, unless the Settlement does not become final as provided for in Paragraph 56. The Parties agree, subject to Court approval, that the Gross Settlement Amount shall be apportioned as follows: a. Named Plaintiffs will apply to the Court for an award of attorneys’ fees of no more than Thirty Five Percent (35%) of the Gross Settlement Amount (i.e., no more than Seven Hundred Thirty- Five Thousand Dollars ($735,000)) to Class Counsel (“Attorneys’ Fees”) and for an award of reimbursement of litigation costs and expenses of up to Thirty-Five Thousand Dollars ($35,000) to Class Counsel (“Attorneys’ Costs”). The Attorneys’ Fees and Attorneys’ Costs (together, “Attorneys’ Xxxx and Costs”) are included in, and will be paid from, the Gross Settlement Amount. Defendants will not oppose such application. b. Named Plaintiffs will also apply to the Court for payment to the Settlement Administrator for the costs of notice and settlement administration not to exceed Fifteen Thousand Dollars ($15,000) (i.e., Administration Costs). The Administration Costs are included in, and will be paid from, the Gross Settlement Amount. Defendants will not oppose such application. c. Named Plaintiffs will apply to the Court for payment to each of them in the amount of Seven Thousand Five Hundred Dollars ($7,500), totaling $15,000 (i.e., Enhancement Payments), for their services and responsibilities in the Lawsuits. The Enhancement Awards are included in, and will be paid from, the Gross Settlement Amount. Defendants will not oppose such application. d. The amount of One Hundred Twenty-Five Thousand Dollars ($125,000) is allocated towards penalties pursuant to California Labor Code Section 2698, et seq. (“PAGA Payment”), of which the LWDA will be paid in the amount of Ninety-Three Thousand Seven Hundred Fifty Dollars ($93,750) (“LWDA Payment”) and the amount of Thirty-One Thousand Two Hundred Fifty Dollars ($31,250) will remain a part of the Net Settlement Amount for distribution to Settlement Class Members. The PAGA Payment will be included in, and will be paid from, the Gross Settlement Amount. e. The Net Settlement Amount will be the amount that is available for distribution to Settlement Class Members on a pro rata basis, based on Workweeks. The Settlement Administrator will determine each Settlement Class Member’s individual Workweeks. The sum of all Settlement Class Members’ individual Workweeks will be the “Total Workweeks.” The Net Settlement Amount will be divided by the Total Workweeks to yield the “Workweek Value.” Each Settlement Class Member’s Individual Settlement Share will be determined by multiplying his or her individual Workweeks by the Workweek Value. f. Parties contemplate that the Workweeks during the period September 20, 2014 to May 16, 2019 totaled 33,000 Workweeks. If the total number of Workweeks during the Class Period are determined to be in excess of 36,300 Workweeks, the Gross Settlement Amount will be increased on a pro rata basis for each Workweek above 36,300 Workweeks.

Payments under the Settlement. In consideration of the mutual covenants and promises set forth herein, Defendants agree Xxxxxxxxx agrees to make a total payment under this Settlement Agreement in an amount up to to, but not to exceed the Gross Settlement Amount of five hundred forty five thousand dollars ($2,100,000545,000). In no event shall Defendants Defendant be required to pay any amount above the Gross Settlement Amount under this Settlement and this Agreement, except that Defendants shall pay Employer Taxes separate the payment of employer’s share of payroll taxes and contributions in connection with the wages portion of the payouts to Settlement Class Members will be in addition to the Gross Settlement Amount. The Gross Settlement Amount is subject to increase only as provided in Paragraph 42.f. The Parties agree that the Gross Settlement Amount will be paid by Defendants Defendant on a non-reversionary basis and no portion of the Gross Settlement Amount will revert to Defendants, unless the Settlement does not become final as provided for in Paragraph 56Defendant. The Parties further agree, subject to Court approval, that the Gross Settlement Amount shall be apportioned as follows: a. Named Plaintiffs Plaintiff will apply to the Court for an award of attorneys’ fees of no more than Thirty Five Percent thirty-five percent (35%) of the Gross Settlement Amount (i.e., no more than Seven Hundred Thirty- Five Thousand Dollars ($735,000)190,750) to Class Counsel (“Attorneys’ Fees”) and for an award of reimbursement of actual litigation costs and expenses of up to Thirty-Five Thousand Dollars twenty thousand dollars ($35,00020,000) to Class Counsel (“Attorneys’ Costs”). The Attorneys’ Fees and Attorneys’ Costs (togetheragain, in the aggregate, “Attorneys’ Xxxx Fees and Costs”) are included in, and will be paid from, the Gross Settlement Amount. Defendants Defendant will not oppose such application. b. Named Plaintiffs Plaintiff will also apply to the Court for payment to the Settlement Administrator for the costs of notice and settlement administration not to exceed Fifteen Thousand Dollars fifteen thousand dollars ($15,000) (i.e.again, “Administration Costs”). The Administration Costs are included in, and will be paid from, the Gross Settlement Amount. Defendants Defendant will not oppose such application. c. Named Plaintiffs Plaintiff will apply to the Court for payment to each of them in the amount of Seven Thousand Five Hundred Dollars seven thousand five hundred dollars ($7,500)) to Plaintiff (again, totaling $15,000 (i.e., “Enhancement PaymentsPayment”), for their her services and responsibilities in prosecuting the LawsuitsLawsuit. The Enhancement Awards are Payment is included in, and will be paid from, the Gross Settlement Amount. Defendants Defendant will not oppose such application. d. The amount of One Hundred Twenty-Five Thousand Dollars forty thousand dollars ($125,00040,000) is allocated towards penalties pursuant to California Labor Code Section sections 2698, et seq. (“PAGA Payment”), of which the LWDA will be paid in the amount of Ninety-Three Thousand Seven Hundred Fifty Dollars thirty thousand dollars ($93,75030,000) (“LWDA Payment”) and the amount of Thirty-One Thousand Two Hundred Fifty Dollars ten thousand dollars ($31,25010,000) will remain a part of the Net Settlement Amount available for distribution on a pro rata Pay Periods basis to all PAGA Group Members (i.e., individual recovery depends on each PAGA Group Member’s ratio of his or her Pay Periods relative to the total of Pay Periods of all PAGA Group Members) who worked during the PAGA Period, and irrespective of whether he or she is a Settlement Class MembersMember. The PAGA Payment will be included in, and will be paid from, the Gross Settlement Amount. e. The Net Settlement Amount will be the amount that is available for distribution to Settlement Class Members on a pro rata basis, basis based on WorkweeksPay Periods. The Settlement Administrator will determine calculate each Settlement Class Member’s individual Workweeksshare using the following formula. The sum of all Settlement Class Members’ individual Workweeks Pay Periods will be the “Total WorkweeksPay Periods.” The Net Settlement Amount will be divided by the Total Workweeks Pay Periods to yield the “Workweek Pay Periods Value.” Each Settlement Class Member’s Individual Settlement Share will be determined by multiplying his or her individual Workweeks Pay Periods by the Workweek Pay Period Value. f. Parties contemplate that the Workweeks during the period September 20, 2014 The net payment of each Settlement Class Member’s Individual Settlement Share (after reduction of Employee Taxes) and individual PAGA payment (if applicable) is referred to May 16, 2019 totaled 33,000 Workweeks. If the total number of Workweeks during the Class Period are determined to be in excess of 36,300 Workweeks, the Gross as his or her Individual Settlement Amount will be increased on a pro rata basis for each Workweek above 36,300 WorkweeksPayment.

Payments under the Settlement. In consideration of the mutual covenants and 11 promises set forth herein, Defendants agree Xxxxxxxxx agrees to make a total payment under this Settlement Agreement in an amount up to but not to exceed for 12 the Gross Settlement Amount of four hundred thousand dollars ($2,100,000400,000), in two (2) equal 13 installments as follows: two hundred thousand dollars ($200,000) to be funded by Defendant within 14 (5) days of Preliminary Approval of the settlement, and the remaining two hundred thousand dollars 15 to be funded one (1) year thereafter (the “Settlement Installment Payments”). In no event shall Defendants All payments from 16 the settlement, as noted below, will be required proportionally distributed from each Settlement Installment 17 Payment, with each distribution to pay any amount above be made by the Gross Settlement Amount under this Administrator within ten (10) calendar 18 days from the date of receipt of each Settlement and this Agreement, except that Defendants shall pay Employer Taxes separate and in addition to the Gross Settlement AmountInstallment Payment. The Gross Settlement Amount 19 is subject to increase only as provided in Paragraph 42.fnon-reversionary, and exclusive of employer-side payroll taxes which shall be paid separately. 20 The Parties agree that the Gross Settlement Amount will be paid by Defendants on a non-reversionary basis and no portion of the Gross Settlement Amount will revert to Defendants, unless the Settlement does not become final as provided for in Paragraph 56. The Parties further agree, subject to Court approval, that the Gross Settlement Amount shall be 21 apportioned as follows: 22 a. Named Plaintiffs will apply to the Court for an award of attorneys’ fees of no more 23 than Thirty Five Percent thirty-five percent (35%) of the Gross Settlement Amount (i.e., no more than Seven Hundred Thirty- Five Thousand Dollars ($735,000)140,000) to 24 Class Counsel (“Attorneys’ Fees”) and for an award of reimbursement of actual litigation costs and 25 expenses of up to Thirtytwenty-Five Thousand Dollars two thousand dollars ($35,00022,000) to Class Counsel (“Attorneys’ Costs”). The 26 Attorneys’ Fees and Attorneys’ Costs (togetheragain, in the aggregate, “Attorneys’ Xxxx and Costs”) are 27 included in, and will be paid from, the Gross Settlement Amount, and will be distributed 1 proportionally from each Settlement Installment Payment. Defendants Defendant will not oppose such 2 application. 3 b. Named Plaintiffs will also apply to the Court for payment to the Settlement 4 Administrator for the costs of notice and settlement administration not to exceed Fifteen Thousand Dollars twenty thousand 5 dollars ($15,00020,000) (i.e.again, “Administration Costs”). The Administration Costs are included in, and 6 will be paid from, the Gross Settlement Amount and will be distributed proportionally from each 7 Settlement Installment Payment. Defendant will not oppose such application. 8 c. Plaintiffs will apply to the Court for payment in the amount of up to seven 9 thousand five hundred dollars ($7,500) to each Plaintiff (again, “Enhancement Payments”), for their 10 services and responsibilities in prosecuting the Lawsuit, for a combined aggregate amount of fifteen 11 thousand dollars ($15,000). The Enhancement Payments are included in, and will be paid from, the 12 Gross Settlement Amount, and will be distributed proportionally from each Settlement Installment 13 Payment. Defendants Defendant will not oppose such application. c. Named Plaintiffs will apply to the Court for payment to each of them in the amount of Seven Thousand Five Hundred Dollars ($7,500), totaling $15,000 (i.e., Enhancement Payments), for their services and responsibilities in the Lawsuits. The Enhancement Awards are included in, and will be paid from, the Gross Settlement Amount. Defendants will not oppose such application. 14 d. The amount of One Hundred Twenty-Five Thousand Dollars ($125,000) is allocated towards penalties pursuant to California Labor Code Section 2698, et seq. (“PAGA Payment”), of which the LWDA will be paid in the amount of Ninety-Three Thousand Seven Hundred Fifty Dollars ($93,750) (“LWDA Payment”) and the amount of Thirty-One Thousand Two Hundred Fifty Dollars ($31,250) will remain a part of the Net Settlement Amount for distribution to Settlement Class Members. The PAGA Payment will be included in, and will be paid from, the Gross Settlement Amount. e. The Net Settlement Amount will be the amount that is available for 15 distribution to Settlement Class Members on a pro rata basis, basis based on Workweeks. The Settlement Administrator will determine each Settlement Class Member’s individual Workweeks. The sum of all Settlement Class Members’ individual Workweeks will be the “Total Workweeks.” The Net 18 Settlement Amount will be divided by the Total Workweeks to yield the “Workweek Value.” Each 19 Settlement Class Member’s Individual Settlement Share will be determined by multiplying his or 20 her individual Workweeks by the Workweek Value. f. Parties contemplate that the Workweeks during the period September 20, 2014 21 e. The net payment of each Settlement Class Member’s Individual Settlement 22 Share (after reduction of Employee Taxes) is referred to May 16, 2019 totaled 33,000 Workweeks. If the total number of Workweeks during the Class Period are determined to be in excess of 36,300 Workweeks, the Gross as his or her Individual Settlement Amount will be increased on a pro rata basis for each Workweek above 36,300 WorkweeksPayment.

Payments under the Settlement. In consideration of the mutual covenants and promises set forth herein, Defendants agree Defendant agrees to make a total payment under this Settlement Agreement in an amount up to to, but not to exceed the Gross Total Settlement Amount of Four Hundred Twenty-Five Thousand Dollars ($2,100,000425,000.00). In no event shall Defendants Defendant be required to pay any amount above the Gross Total Settlement Amount under this Settlement and this Agreement, except as otherwise agreed upon pursuant to Paragraph 53, and that Defendants shall pay Employer Taxes separate the payment of employer’s share of payroll taxes and contributions in connection with the wages portion of the payouts to Settlement Class Members will be in addition to the Gross Total Settlement Amount. The Gross Settlement Amount is subject to increase only as provided in Paragraph 42.f. The Parties agree that the Gross Total Settlement Amount will be paid by Defendants Defendant on a non-reversionary basis and no portion of the Gross Total Settlement Amount will revert to Defendants, unless the Settlement does not become final as provided for in Paragraph 56Defendant. The Parties further agree, subject to Court approval, that the Gross Total Settlement Amount shall be apportioned as follows: a. Named Plaintiffs Plaintiff will apply to the Court for an award of attorneys’ fees of no more than Thirty Five Percent forty percent (3540%) of the Gross Total Settlement Amount (i.e., no more than Seven Hundred Thirty- Five Thousand Dollars ($735,000)170,000.00) to Class Counsel (“Attorneys’ Fees”) and for an award of reimbursement of actual litigation costs and expenses of up to Thirty-Five Fifteen Thousand Dollars ($35,00015,000.00) to Class Counsel (again, in the aggregate, “Attorneys’ Fees and Costs”). The Attorneys’ Fees and Attorneys’ Costs (together, “Attorneys’ Xxxx and Costs”) are included in, and will be paid from, the Gross Total Settlement Amount. Defendants Defendant will not oppose such application. b. Named Plaintiffs Plaintiff will also apply to the Court for payment to the Settlement Administrator for the costs of notice and settlement administration not to exceed administration, estimated at Fifteen Thousand Dollars ($15,00015,000.00) (i.e.again, “Administration Costs”). The Administration Costs are included in, and will be paid from, the Gross Total Settlement Amount. Defendants Defendant will not oppose such application. c. Named Plaintiffs Plaintiff will apply to the Court for payment to each of them in the amount of Seven Thousand Five Hundred Dollars ($7,500)7,500.00) to Plaintiff (again, totaling $15,000 (i.e., “Enhancement PaymentsPayment”), for their her services and responsibilities in prosecuting the LawsuitsLawsuit. The Enhancement Awards are Payment is included in, and will be paid from, the Gross Total Settlement Amount. Defendants Defendant will not oppose such application. d. The amount of One Hundred Twenty-Five Thirty Thousand Dollars ($125,00030,000.00) is allocated towards penalties pursuant to California Labor Code Section sections 2698, et seq. (again, “PAGA Payment”), of which the LWDA will be paid in the amount of NinetyTwenty-Three Two Thousand Seven Five Hundred Fifty Dollars ($93,75022,500.00) (“LWDA Payment”) and the amount of Thirty-One Seven Thousand Two Five Hundred Fifty Dollars ($31,2507,500.00) will remain a part of the Net Settlement Amount available for distribution on a pro rata basis to all PAGA Group Members who worked during the PAGA Period, and irrespective of whether he or she is a Settlement Class MembersMember. The PAGA Payment will be included in, and will be paid from, the Gross Total Settlement Amount. Further, all Class Members, whether or not they submit a request for exclusion, employed by Defendant during the PAGA Period will no longer be able to seek penalties pursuant to the PAGA, for the PAGA Period, arising from Settlement Class Members’ Released Claims. e. The Net Settlement Amount will be the remaining amount that is available for distribution to Settlement Class Members on a pro rata basis, basis based on Workweeks. The Settlement Administrator will determine each Settlement Class Member’s individual WorkweeksWorkweeks in accordance with Paragraph 35. The sum of all Settlement Class Members’ individual Workweeks will be the “Total Workweeks.” The Net Settlement Amount will be divided by the Total Workweeks to yield the “Workweek Value.” Each Settlement Class Member’s Individual Settlement Share will be determined by multiplying his or her individual Workweeks by the Workweek Value. f. Parties contemplate that the Workweeks during the period September 20The net payment of each Settlement Class Member’s Individual Settlement Share (after reduction of Employee Taxes), 2014 and plus individual PAGA payment (if applicable), is referred to May 16, 2019 totaled 33,000 Workweeks. If the total number of Workweeks during the Class Period are determined to be in excess of 36,300 Workweeks, the Gross as his or her Individual Settlement Amount will be increased on a pro rata basis for each Workweek above 36,300 WorkweeksPayment.