Pro-Rata Contingencies a. In the event that the funds remaining in the Net Settlement Fund after payments for Approved Claims for Out-of-Pocket Losses are not sufficient to make payment for Approved Claims for Attested Time, then the value of the payments for Approved Claims for Attested Time shall be reduced on a pro rata basis, such that the aggregate value of all payments for Approved Claims for Out-of-Pocket Losses and Approved Claims for Attested Time does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed for Approved Claims for Credit Monitoring Services or Alternative Cash Payments.
Pro-Rata Contingencies. In the event that 7,500 or more Participating Settlement Class Members elect to enroll in Credit Monitoring Services under the Settlement, the number of years of Credit Monitoring Services provided to each Participating Settlement Class Member who claims that benefit shall be reduced to three years to ensure the Net Settlement Fund will adequately fund other Settlement benefits. In the event that the aggregate amount of all payments for reimbursement of Out-of-Pocket Losses exceeds the total amount of the Net Settlement Fund, then the value of such payments shall be reduced on a pro rata basis, such that the aggregate value of all payments for Out-of-Pocket Losses does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed for Approved Claims of Attested Time or Alternative Cash Payments. In the event that (i) the aggregate amount of Approved Claims for Out-of-Pocket Losses does not exceed the Net Settlement Fund, and (ii) the aggregate amount of all Approved Claims for Attested Time is greater than the Net Settlement Fund, less the aggregate amount of Approved Claims for Out-of-Pocket Losses, then the value of each Participating Settlement Class Members’ payment for Attested Time shall be reduced on a pro rata basis such that the aggregate value of all Approved Claims for Out-of-Pocket Losses and Attested Time do not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed for Alternative Cash Payments. All pro rata determinations required by this Paragraph shall be performed by the Settlement Administrator.
Pro-Rata Contingencies a. In the event that the funds remaining in the Net Settlement Fund are not sufficient to make payment for those Approved Claims for Out-of-Pocket Losses, then the value of the payments for Approved Claims for Out-of-Pocket Losses shall be reduced on a pro rata basis, such that the aggregate value of all payments for Approved Claims for Out-of-Pocket Losses does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed for Approved Claims for Pro Rata Cash Payments.
b. In the event that funds remaining in the Net Settlement Fund after the payment for Approved Claims for Out-of-Pocket Losses are not sufficient to make payment for the full amount of the Approved Claims for Pro Rata Cash Payments (i.e., Seventy Dollars and Zero Cents [$70.00] per Approved Claim), then the value of the Approved Claims for Pro Rata Cash Payments shall be reduced on a pro rata basis, such that the aggregate value of all payments for Approved Claims for Out-of-Pocket Losses does not exceed the Net Settlement Fund.
c. All pro rata determinations required by this Paragraph shall be performed by the Settlement Administrator upon notice to Class Counsel and LDSCO’s Counsel.
Pro-Rata Contingencies. 12 a. In the event that the aggregate amount of all Out-of-Pocket 13 Costs Payments exceeds the total amount of the Net Settlement Fund, then the value 14 of the Out-of-Pocket Costs Payment to be paid to each Participating Settlement Class 15 Member shall be reduced on a pro rata basis, such that the aggregate value of all Out- 16 of-Pocket Payments does not exceed the Net Settlement Fund. In such an event, no 17 Net Settlement Funds will be distributed to Approved Claims for a Monetary 18 Payment or Documented Time Payment.
Pro-Rata Contingencies. If the aggregate amount of all payments required to be made by MRIA under this agreement would other exceed two million six hundred thousand dollars ($2,600,000.00), then the cost of Settlement Administration shall be paid as a first priority, the cost of Credit Monitoring shall be paid as a second priority, attorneys’ fees and expenses as a third priority, and all other payments shall be reduced on a pro rata basis, such that the aggregate amount of all payments shall not exceed two million six hundred thousand dollars ($2,600,000.00). All pro rata determinations required by this paragraph shall be performed by the claims administrator.
Pro-Rata Contingencies. In the event that the aggregate amount of all payments for reimbursement of Out-of-Pocket Losses exceeds $500,000.00, then the value of such payments shall be reduced on a pro rata basis, such that the aggregate value of all payments for Out-of- Pocket Losses does not exceed $500,000.00. In such an event, no Net Settlement Funds will be distributed for Approved Claims of Attested Time. In the event that (i) the aggregate amount of Approved Claims for Out-of-Pocket Losses does not exceed $500,000.00, and (ii) the aggregate amount of all Approved Claims for Attested Time is greater than the $500,000.00, less the aggregate amount of Approved Claims for Out-of-Pocket Losses, then the value of each Participating Settlement Class Members’ payment for Attested Time shall be reduced on a pro rata basis such that the aggregate value of all Approved Claims for Out-of-Pocket Losses and Attested Time do not exceed $500,000.00. All pro rata determinations required by this Paragraph shall be performed by the Settlement Administrator.
Pro-Rata Contingencies. In the event that the aggregate amount of payments for reimbursement of Economic Losses and Lost Time meets or exceeds the Maximum Amount Payable to the Settlement Class for the payment, then the value of either such payments shall be reduced on a pro rata basis, such that the aggregate value of all payments for Economic Losses and Lost Time does not exceed the Maximum Amount Payable to the Settlement Class. All pro rata determinations required by this Paragraph shall be performed by the Settlement Administrator.
Pro-Rata Contingencies. In the event that the aggregate amount of payments for reimbursement of Economic Losses meets or exceeds the Maximum Amount Payable to the Settlement Class for the payment of Claims, then the value of either such payments shall be reduced on a pro rata basis, such that the aggregate value of all payments for Economic Losses does not exceed the Maximum Amount Payable to the Settlement Class. All pro rata determinations required by this Paragraph shall be performed by the Settlement Administrator. If the payment on Claims meets or exceeds the Maximum Amount Payable, the Settlement Administrator shall cease processing and paying Claims and the Settlement Administrator shall update the Settlement Website to reflect that Claim Forms will no longer be processed and paid.
Pro-Rata Contingencies. In the event the Net Settlement Fund is insufficient 10 to cover the payment for the CMIS claimed by Participating Settlement Class Members, the 11 duration of the CMIS coverage will be reduced to exhaust the fund. In such an event, no Net 12 Settlement Funds will be distributed to Claimants for Approved Claims for Documented Loss 13 Payments or for Cash Fund Payments. In the event that the aggregate amount of all Documented
Pro-Rata Contingencies. In the event the aggregate amount of all payments for Out-of-Pocket Losses, Lost Time, and Credit Monitoring and Identity Theft Protection Services exceeds the total amount of the Net Settlement Fund, then the value of those payments shall be reduced on a pro rata basis, such that the aggregate value of these claims does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds would be distributed to Claimants seeking Alternative Cash Payments. All such determinations shall be performed by the Settlement Administrator. All pro rata determinations required by this Paragraph shall be performed by the Settlement Administrator upon notice to Class Counsel and Xxxx’s Counsel.
