Common use of Settlement Payments and Procedures Clause in Contracts

Settlement Payments and Procedures. 3.1 ▇▇▇▇▇▇▇▇▇▇ agrees to fund the Gross Settlement Amount. No interest shall accrue on said sum, or any part thereof. All notice and administration costs and expenses, any attorneys’ fees and expenses awarded to Settlement Class Counsel, and any service award to the Settlement Class Representative shall be paid from the Gross Settlement Amount. In no event shall Intoxalock or any of the other Released Parties be required to make any payment in excess of the Gross Settlement Amount for any cause or reason whatsoever. No later than 14 calendar days after the Court enters the order granting preliminary approval, Intoxalock shall deposit with the Claims Administrator the estimated amount (no more than $59,921.00) necessary to pay for the notice program described below in Section 6. Within 21 calendar days of the Settlement Effective Date, Intoxalock shall fund the remainder of the Gross Settlement Amount (i.e., $1,747,500.00 less the amount previously paid for notice-related costs). The Gross Settlement Amount, and any parts thereof, shall be deposited by the Claims Administrator into one or more FDIC-insured institutions in a segregated non-interest-bearing account or accounts to be opened and maintained by the Claims Administrator at banks that have passed the most recent ▇▇▇▇-▇▇▇▇▇ Act Stress Test. The Claims Administrator shall maintain those accounts and allow withdrawals from those accounts only if those withdrawals are consistent with the terms of this Agreement and any orders of the Court. The Claims Administrator may use the funds deposited after preliminary approval is granted to cover the preparation, mailing, and emailing of the Settlement Class Notice (including performing address searches, updates and verifications prior to the first mailing and a single address follow up on any returned mail), and setting up the Settlement Website.

Settlement Payments and Procedures. 3.1 ▇▇▇▇▇▇▇▇▇▇ agrees 4.1 Defendants agree to fund the Gross Settlement Amount. No interest shall accrue on said sum, or any part thereofthereof prior to funding the Gross Settlement Amount. All notice and administration costs and expenses, any attorneys’ fees and expenses awarded to Settlement Class Counsel, and any service award to the Settlement Class Representative Representatives shall be paid from the Gross Settlement Amount. In no event shall Intoxalock Defendants or any of the other Released Parties be required to make any payment in excess of the Gross Settlement Amount for any cause or reason whatsoever. No later than 14 21 calendar days after the Court enters the order granting preliminary approval, Intoxalock Defendants shall deposit with the Claims Administrator the estimated amount (no more than $59,921.0070,000.00) necessary to pay for the notice program described below in Section 67. Within 21 30 calendar days of the Settlement Effective Date, Intoxalock Defendants shall fund the remainder of the Gross Settlement Amount (i.e., $1,747,500.00 1,200,000.00 less the amount previously paid for notice-related costs). The Gross Settlement Amount, and any parts thereof, shall be deposited by the Claims Administrator into one or more FDIC-insured institutions in a segregated non-interest-bearing account or accounts to be opened and maintained by the Claims Administrator at banks that have passed the most recent ▇▇▇▇-▇▇▇▇▇ Act Stress Test. The Claims Administrator shall maintain those accounts and allow withdrawals from those accounts only if those withdrawals are consistent with the terms of this Agreement and any orders of the Court. The Claims Administrator may use the funds deposited after preliminary approval is granted to cover the preparation, mailing, and emailing sending of the Settlement Class Notice (including performing address searches, updates and verifications prior to the first mailing and a single address follow up on any returned mail), and setting up the Settlement Website. Settlement Class Counsel shall have the right to make a motion for attorneys’ fees of no more than one-third of the Gross Settlement Amount ($400,000.00) plus actual out-of-pocket costs of Class Counsel, to be paid from the Gross Settlement Amount. Such motion shall be made 14 days before the deadline to postmark objections to the settlement. Costs related to claims administration and notice by the Claims Administrator shall be separately paid from the Gross Settlement Amount and does not fall within the up to $400,000 permitted for Class Counsel’s attorneys’ fees. Defendants shall not be liable for any payment to Settlement Class Counsel other than the above-described award of attorneys’ fees and costs to be paid out of the Gross Settlement Amount regardless of any potential objection or appeal. A reduction by the Court or by an appellate court of the attorneys’ fees and costs awarded to Settlement Class Counsel will not be considered a Material Modification of this Agreement and shall not affect any of the Parties’ rights and obligations under this Agreement, and shall only serve to reduce the amount of the attorneys’ fees and costs payable to Settlement Class Counsel from the Gross Settlement Amount and increase the Net Settlement Fund payable to Authorized Claimants. The Claims Administrator shall pay attorneys’ fees and costs, as approved by the Court, to Settlement Class Counsel within 30 calendar days of the Settlement Effective Date. 4.2 Each Settlement Class Representative may seek a service award of up to $2,500.00 as consideration for his efforts in prosecuting the Action to date and through entry of the Final Approval Order and Judgment. Other than the value of individual claims as a Settlement Class Member, the amount ultimately ordered by the Court shall be the only consideration paid to the Settlement Class Representatives under this Agreement or in connection with the Action and shall be paid out of the Gross Settlement Amount, and Defendants shall not otherwise be liable for any payment to the Settlement Class Representatives. A reduction by the Court or by an appellate court of any service award will not be considered a Material Modification of this Agreement and shall not affect any of the Parties’ rights and obligations under this Agreement and shall serve only to reduce the amount of the service award payable to the Settlement Class Representatives and increase the Net Settlement Fund (as defined below) payable to Authorized Claimants. The Claims Administrator shall pay the service award, as approved by the Court, to the Settlement Class Representatives within 30 calendar days after the Settlement Effective Date. 4.3 The following amounts shall be subtracted from the Gross Settlement Amount to arrive at the amount of the “Net Settlement Fund”: (a) Notice and administrative costs (which includes the amount deposited by Defendants as described in Section 4.1 for the notice program); (b) attorneys’ fees as awarded to Settlement Class Counsel pursuant to Paragraph 4.2;

Settlement Payments and Procedures. 3.1 ▇▇▇▇▇▇▇▇▇▇ agrees Defendants agree to fund a Cash Settlement Fund of up to $450,000.00 to pay Authorized Claimants who submit valid and timely Claim Forms-Cash. Defendants will only be required to fund the Gross amount required to pay $27.00 per documented transaction to each Settlement AmountClass Member who submits a valid and timely Claim Form-Cash (i.e., Authorized Claimant) up to a total of $450,000.00. No interest If the number of valid and timely claims paid out at $27.00 per documented transaction will exceed $450,000.00, the payment to each Authorized Claimant per documented transaction shall accrue decrease on said suma pro-rata basis with the entire $450,000.00 being distributed to Authorized Claimants who submit valid and timely Claim Forms-Cash. Within 10 business days of Settlement Effective Date, or any part thereof. All Defendants shall fund the amount of the Cash Settlement Fund required to make all required settlement payments. 3.2 Defendants agree to pay all notice and administration costs and expenses, any attorneys’ fees and expenses awarded currently estimated not to Settlement Class Counsel, and any service award to the Settlement Class Representative shall be paid from the Gross Settlement Amountexceed $200,000.00. In no event shall Intoxalock or any Within 10 business days of the other Released Parties be required to make any payment in excess of the Gross Settlement Amount for any cause or reason whatsoever. No later than 14 calendar days after the Court enters the order granting preliminary approval, Intoxalock Defendants shall deposit with the Claims Administrator the estimated amount (no more than $59,921.0075,000.00) necessary to pay for the notice program described below in Section 66 below. Within 21 calendar 10 business days of the Settlement Effective Date, Intoxalock Defendants shall fund the amount required to pay the remainder of the Gross Settlement Amount (i.e., $1,747,500.00 less notice and administration costs plus the amount previously paid for notice-related costs)required to pay the award of attorneys’ fees and litigation expenses to Settlement Class Counsel and the enhancement awards to the Settlement Class Representatives. The Gross All funds (including the amount required to fund the Cash Settlement Amount, and any parts thereof, Fund) shall be deposited by the Claims Administrator into one or more FDIC-insured institutions in a segregated non-interest-bearing account or accounts to be opened and maintained by the Claims Administrator at banks that have passed the most recent ▇▇▇▇-▇▇▇▇▇ Act Stress Test. The Claims Administrator shall maintain those accounts and allow withdrawals from those accounts only if those withdrawals are consistent with the terms of this Agreement and any orders of the Court. The Claims Administrator may use the deposited funds deposited after preliminary approval is granted to cover the preparation, mailing, preparation and emailing mailing of the Settlement Class Notice (including performing address searches, updates and verifications prior to the first mailing and a single address follow up on any returned mail), and setting up the Settlement Website, and initiating the on-line banner advertising campaign.