Settlement Expenses. All costs for notice to the Class Members as required under ¶ 3.2, Administration Fees under ¶¶ 9.1-9.4 and the costs of Dispute Resolution described in ¶¶ 2.4, 9.1 shall be paid out of the Settlement Fund.
Settlement Expenses. All costs for notice to the Settlement Class as required under ¶¶ 3.1 and 3.2, Costs of Claims Administration under ¶¶ 8.1, 8.2, and 8.3, and the costs of Dispute Resolution described in ¶ 2.7, shall be paid by PTHC subject to the aggregate cap provided under ¶ 2.3.
Settlement Expenses. El Paso shall pay all reasonable expenses of administration of the settlement described in this Agreement (not to include any Party's attorneys' fees except as provided herein in Paragraph 9.4), any expenses incurred in providing parens patriae notice (if required), expenses for any appraisals of the Collateral required by the terms of this Agreement or the Security Documents in connection with the substitution or addition of Collateral, expenses of the Independent Consultant under Paragraph 8.3(b), any costs and expenses reimbursable under the terms of the Security Documents, and expenses of notice of the proposed settlement pursuant to a notice program approved by the Class Action Court. All such expenses shall be billed to the Settlement Fund c/o the Designated Representative. The Designated Representative shall prepare invoices to El Paso for such expenses as they are billed to the Settlement Fund. El Paso shall within thirty (30) Business Days of receipt of any such invoices, deposit in the Escrow Account monies sufficient to cover any of the expenses that the Designated Representative has invoiced and, prior to the Effective Date, promptly thereafter instruct the Escrow Agent to release sufficient monies to the Designated Representative to enable the Designated Representative to pay the invoiced expenses. Any late fees incurred as a result of El Paso's failure to pay any invoices within ten (10) Business Days after receipt of the same from the Designated Representative shall be borne by El Paso.
Settlement Expenses. Settlement Expenses are (i) any and all reasonable costs and expenses borne by the Settlement Administrator charged to the Settlement Fund that are related to the administration of the Settlement and not otherwise expressly provided for herein; (ii) the reasonable costs and expenses borne by the Settlement Administrator regarding the administration of carrying out the Plan of Allocation to administer the allocation of the Settlement Proceeds to the members of Settlement Class; (iii) any reasonable costs relating to the issuance of Class Notice, excluding the expenses borne by Defendants or the Company of providing the Settlement Administrator with a list of the names and last known addresses of members of the Settlement Class in electronic format; and (iv) any cost in excess of the first $25,000 of submitting the Settlement Agreement to an Independent Fiduciary for approval, as described in Section 2.4 above. All Settlement Expenses (including those described in Section 7.1.3) shall be paid from the Settlement Fund prior to the distribution of the Settlement Proceeds. With respect to taxes after remittance of the Settlement Proceeds to the Settlement Class, the Settlement Class members are responsible for any and all tax liabilities arising from each of their distributions or withdrawals. All other fees, costs, and expenses relating to the Settlement shall be borne by the Party that incurred them, or his, her, or its insurer or indemnitor, and shall not be paid from the Settlement Fund.
8.1.1 No Defendant(s), Defendants’ counsel, Plaintiff, Plaintiff’s Counsel, or Class Counsel makes any representation or warranty with respect to the tax treatment of any distribution or withdrawal of the Settlement Proceeds received by any Plaintiff or Settlement Class member. Settlement Class members are specifically directed to seek tax advice from their tax advisor.
Settlement Expenses. All costs for notice to the Settlement Class as required under Paragraphs 3.3 and 3.4 and the Costs of Settlement Administration under Paragraph 8 shall be paid out of the Settlement Fund.
Settlement Expenses. All costs for notice to the Settlement Class as required under §§ 3.1 and 3.2, Costs of Claims Administration under §§ 8.1, 8.2, and 8.3, and the costs of Dispute Resolution described in § 2.7, shall be paid by Xxxx separate and apart from the settlement relief available to Settlement Class Members.
Settlement Expenses. All costs for notice to the Settlement Class as required under ¶¶ 3.1 and 3.2, Costs of Claims Administration under ¶¶ 8.1, 8.2, and 8.3, and the costs of Dispute Resolution described in ¶ 2.8, shall be paid by OFP.
Settlement Expenses. Settling Claimants shall pay any and all attorneys' fees, costs and expenses of administration related to the settlement described in this Agreement, any of the underlying Actions and any notice of the proposed settlement pursuant to a notice program approved by the Class Action Court.
Settlement Expenses. The cost of administering this settlement (sending this notice, re- sending it, sending the checks, etc.) is estimated to be twenty-five thousand dollars ($25,000.00). If the Court approves all of these fees and payments, approximately dollars ($ ) would remain in the settlement fund to pay Class Members based on the following formula. The individual Settlement Payment for each Settlement Class Member shall be determined by: (i) allocating to any Settlement Class Member who completed a trip and/or received payment for a completed trip in New York State at any time between December 29, 2012, through [DATE OF PRELIMINARY APPROVAL] (which coincides with the statute of limitations period applicable to Plaintiffs’ false advertising claim), as determined by Defendants’ records, a flat amount of one hundred dollars ($100.00); and then (ii) taking (a) the remaining amount of the settlement fund, (b) divided by the total amount of New York State sales tax and Black Car fund fees charged for rides for which all Settlement Class Members received payment at any time from December 29, 2009, through [DATE OF PRELIMINARY APPROVAL], as determined by Defendants’ records, (c) multiplied by the amount of New York State sales tax and Black Car Fund fees charged for rides for which each Settlement Class Member received payment during this time period, as determined by Defendants’ records, and allocating those amounts accordingly. Defendants’ records indicate that $ in New York State sales tax and Black Car Fund fees were charged for rides for which you received payment from December 29, 2009, through [DATE OF PRELIMINARY APPROVAL]. Defendants’ records also indicate that you [DID / DID NOT] complete a trip or receive payment for a completed trip in New York State between December 29, 2012, through [DATE OF PRELIMINARY APPROVAL]. Your estimated claim at this point is approximately dollars ($ ). If you believe these figures are incorrect and wish to dispute them, you must contact the Settlement Administrator, and provide any documentation and/or information supporting your contention, no later than [BAR DATE]. In the event of a dispute, Defendants’ records will be presumed determinative, but the Parties will evaluate any information and evidence you timely submit to the Settlement Administrator, and then reach a final determination. The payments made to you from the settlement fund shall be treated as non-wage income and reported on an IRS Form 1099.
Settlement Expenses. “Settlement Expenses” means the reasonable fees, costs, and expenses incurred by the Settlement Administrator in performing the services authorized in this Agreement, which shall be paid from the Gross Settlement Sum directly to the Settlement Administrator. Under no circumstances shall Defendants or any Released Party be responsible for the payment of Settlement Expenses other than the amounts paid to the Settlement Administrator from the Gross Settlement Sum.
