Settlement Benefits. WHAT YOU GET
Settlement Benefits. Subject to the terms of this Settlement Agreement, the Settlement Class shall receive the following benefits:
Settlement Benefits. Subject to the terms and conditions set forth herein, HESI shall provide the following “Settlement Benefits” in connection with the resolution of the New Class Action by the New Class and the resolution of the Assigned Claims against HESI by the DHEPDS Class:
(a) HESI shall make an Aggregate Payment of one billion twenty-eight million U.S. dollars (“USD”) ($1,028,000,000) (the “Aggregate Payment”) to resolve both the alleged liability to the New Class for Punitive Damages Claims, if any, and the alleged liability to the DHEPDS Class for the Assigned Claims against HESI under the DHEPDS. DHEPDS Class Counsel and the PSC have agreed to accept the Aggregate Payment from HESI, subject to the terms and conditions set forth herein, including the allocation of the Aggregate Payment by the Allocation Special Master described below.
(b) All Administrative Costs shall be paid from the Aggregate Payment. Under no circumstances shall HESI be liable for any Administrative Costs. At the request of the PSC or New Class Counsel, as applicable, and/or the DHEPDS Class Counsel, XXXX agrees to consult with them to explore methods to enhance the efficiency of the implementation and administration of the processes for the distribution of the Aggregate Payment amount pursuant to the provisions of the SA.
(c) Only as agreed to by the Parties in Section 23 of this SA, HESI shall pay the reasonable common benefit costs and fees of the PSC, New Class Counsel, as applicable, and DHEPDS Class Counsel and/or other common benefit attorneys who have submitted time and/or costs in accordance with Pre-Trial Order No. 9, as may be approved by the Court. In no event shall HESI be required to pay any common benefit costs or fees of the PSC, New Class Counsel, DHEPDS Class Counsel or any other common benefit attorneys, or any other person who claims a right to fees and costs, in excess of the amount agreed to by the Parties in Section 23 of this SA.
Settlement Benefits. 4.1. In full, complete, and final settlement and satisfaction of the Litigation and all Released Claims, and subject always to all of the terms, conditions, and provisions of this Agreement, including Court approval, Defendant agrees to cause the following Settlement Benefits to be provided as follows:
Settlement Benefits. What does the settlement provide?
Settlement Benefits. 9. Subject to paragraph 13 of this Settlement Agreement, Gen Digital will disburse a total amount of $6,000,000 CAD to an interest-bearing trust account under the supervision of the Claims Administrator for the benefit of the Class Members in the Actions (the “Trust Account”). The funds in the Trust Account will be used to make $5 CAD payments to Class Members who choose Option 1 pursuant to paragraph 10 of this Settlement Agreement (the “Settlement Fund”).
10. Each Class Member shall be entitled to choose one of the two following options by submitting a Claim:
(a) Class Members who had a licence for less than three (3) years during the Class Period: either a 180-day Free Licence valued at $15 CAD or a Discount Code for the value of $15 CAD to be applied toward the purchase of another Norton brand product sold by Gen Digital.
(b) Class Members who had a licence for three (3) years or more during the Class Period: either a 365-day Free Licence valued at $30 CAD or a Discount Code for the value of $30 CAD to be applied toward the purchase of another Norton brand product sold by Gen Digital.
11. Class Members who currently have an Account with Gen Digital and who do not submit a Claim Form in accordance with paragraphs 19-24 of this Settlement Agreement shall be deemed to have chosen, and shall automatically receive, Option 2 with a Discount Code.
12. Class Members who currently have an Account with Gen Digital will receive the Discount Code or Free Licence, as the case may be, by email to their last known email address associated with their Account. Class Members who no longer have an Account with Gen Digital shall provide on the Claim Form an email address to which the Discount Code or Free Licence, as the case may be, should be sent.
13. To the extent permitted by the available information, Class Members who choose Option 1 in paragraph 10 of this Settlement Agreement, and who currently have an Account with Gen Digital, may, at the discretion of Gen Digital and the Claims Administrator, acting reasonably, receive the $5 CAD payment directly from Gen Digital as a reimbursement on the credit card associated with their Account if the credit card information is still valid (the “Reimbursements”). The amount payable by Gen Digital to the Settlement Fund pursuant to paragraph 9 of this Settlement Agreement shall be reduced in proportion to the Reimbursements made by Gen Digital directly to Class Members. For greater clarity, and by way of example, if Gen Digital...
Settlement Benefits. 1. Settlement Class Members who complete, sign and timely submit a Claim Form will be eligible for the following benefits:
Settlement Benefits. Subject to the terms of this Settlement Agreement, ACTS shall make available the following compensation to Settlement Class Members who do not timely and validly opt-out of participation in this Settlement:
Settlement Benefits. What Class Members Get 5
Settlement Benefits. What You Get
