Settlement Relief. In consideration for the dismissal of the Action and the Related Action with prejudice, as contemplated in this Settlement Agreement, and for the full and complete Release, Final Judgment and Final Order, as further specified herein, Toyota agrees to provide the relief specified in this Section. The costs and expenses associated with providing the relief and otherwise implementing the relief specified in Section III of this Settlement Agreement shall be the sole obligation of and paid by Toyota. After the issuance of the Preliminary Approval Order signed by the Court, Toyota, at its sole discretion, may, after consultation with Class Counsel, implement the Frame Inspection and Replacement Program in advance of the occurrence of the Final Effective Date.
Settlement Relief. To compensate Settlement Class Members, the Parties have agreed to the following relief, consisting of both monetary and non-monetary components:
Settlement Relief. 3.1 Accor shall pay to each Settlement Class Member a compensation amount equivalent to 75% of mandatory fees paid to Accor that were not included in the first announced rate, for a total amount to be paid by the Settling Defendant to the Settlement Class Members of $297,649.84, subject to any further amounts claimed at subsection 3.4, below.
3.2 After the Effective Date, the Claims Administrator will send an email to the Settlement Class Members at their email address on file to inform them of the Final Judgement Approving Settlement. The Settlement Class Members will then have 30 days: a) request a modification of their email address on file to the Claims Administrator for the purposes of receiving their Interac e-transfer; and/or b) request to the Claims Administrator that their payment be made by cheque via postal mail instead of by Interac e-transfer.
3.3 After the 30 days and within a maximum of 60 days, the Claims Administrator will send all the payments to the Settlement Class Members by Interac e-transfer to their email addresses on file, unless a Settlement Class Member has requested the modification to their email address on file or has requested a payment by cheque in accordance with section 3.2.
3.4 The Settlement Class Members who did not receive payment within the 60 day period mentioned at section 3.3 will be allowed to submit their invoices to the Claims Administrator in order to receive compensation of 75% of the mandatory fees paid to Accor and receive payment within a maximum of 60 days.
3.5 Upon the execution of the Interac e-transfer by the Claims Administrator, the Settlement Class Members will then have 30 days to accept the Interact e-transfer and have the relevant sums deposited in their bank account.
3.6 If a Settlement Class Member has not accepted the Interac e-transfer within 30 days after its execution by the Claims Administrator, the relevant sums become part of the balance.
3.7 If, six (6) months after its issuance, the cheques addressed to Settlement Class Members have not been cashed-in, the Claims Administrator will not re-issue the cheques and the relevant sums become part of the balance.
3.8 The Parties agree that the present Settlement Agreement provides for collective recovery of the Settlement Class Members’ alleged claims with individual liquidation.
3.9 In the event where there is a remaining balance of the Settlement Amount after the distribution to the Settlement Class Members and the payment of the disbursement...
Settlement Relief. In consideration for the dismissal and/or settlement of the Actions with prejudice, as contemplated in this Settlement Agreement, and for the full and complete Release, Final Judgments and Final Orders, as further specified herein, Toyota agrees to provide the relief specified in this Section. The costs and expenses associated with providing the relief and otherwise implementing the relief specified in Section 7 of this Settlement Agreement shall be the sole obligation of and paid by Toyota.
Settlement Relief. 2.1. On or within one business day after the Preliminary Approval Date, Class Counsel shall provide to Defendant’s Counsel written confirmation of all necessary information to complete the wire transfers of any funds due from Defendant pursuant to the Settlement into the Settlement Fund Account. Within seven business days of the Preliminary Approval Date, Defendant shall fund the Settlement Fund in the amount of the Settlement Administration Expenses by wire transfer into the Settlement Fund Account. Within seven business days following the Final Settlement Date, Defendant shall fund the balance of the Settlement Fund (Settlement Fund less the Settlement Administration Expenses) by wire transfer into the Settlement Fund Account.
2.2. Within seven days following receipt of the balance of the Settlement Fund referred to in Paragraph 2.1, the Settlement Administrator shall transfer Class Counsel’s Fees and Expenses, and Plaintiff’s Service Award, by wire transfer to the trust account designated by Class Counsel.
2.3. The Net Settlement Fund shall be distributed to the Settlement Class pursuant to the distribution formulas proposed by Class Counsel, attached hereto as Exhibit B, subject to approval by the Court. Class Counsel may, subject to Court approval and USAA Life’s right to object, revise the distribution formulas and the attached Exhibit B. Any such revision shall not constitute an amendment or modification to the Agreement subject to Paragraph 11.13.
2.4. Class Counsel will deliver the data necessary to apply the distribution formulas for Settlement Class Members to the Settlement Administrator within seven days after the Preliminary Approval Date. Within 30 days after the Final Settlement Date, the Settlement Administrator shall calculate each Settlement Class Member’s distribution pursuant to the distribution formulas and deliver to each Settlement Class Member (except Settlement Class Members who opt out of the Settlement) by U.S. mail, first-class postage prepaid, a settlement check in the amount of the share of the Net Settlement Fund to which the Settlement Class Member is entitled pursuant to the distribution formulas approved by the Court. Settlement checks will be automatically mailed without any proof of claim or further action on the part of the Settlement Class Members.
2.5. Checks shall remain negotiable for 180 days from the date of mailing. Checks not cashed during this time will be cancelled, and amounts of cancelled checks will be sen...
Settlement Relief. 2.1 Defendant shall cause to be paid into the Escrow Account the amount of the Settlement Fund ($1,650,000 USD), specified in paragraph 1.45 of this Agreement, within twenty-eight (28) business days after Preliminary Approval.
Settlement Relief. 2.1. Subject to the terms and conditions of this Agreement, Defendants shall establish the Settlement Fund.
Settlement Relief. 7 2.1 Injunctive Relief for the Benefit of Plaintiffs and the Class: In consideration for the 8 settlement of this Action and the dismissal contemplated herein, Niantic agrees to the following 9 injunctive relief. With respect to Pokémon GO in the United States:
(a) For complaints properly received through Niantic’s website related to nuisance, 11 trespass, or a request to remove a POI, Niantic will use CRE to resolve the 12 complaints and communicate a resolution within no more than 15 (fifteen) days 13 of wait time for the requestor, for 95% of cases each year.
Settlement Relief. A. An Injunction, as set forth below in Section II.E hereof.
B. A payment by Defendants in the aggregate amount of $50 million consisting of (1) a payment in the amount of $45 million (the “Class Settlement Payment”) to the Class Escrow Account (as defined below) pursuant to Section II.C hereof, to establish a settlement fund (the “Class Settlement Fund”); and (2) a separate payment in the amount of $5 million (the “Additional Settlement Payment,” and, together with the Class Settlement Payment, the “Settlement Payments”) to the Additional Escrow Account (as defined below) pursuant to Section II.C hereof, to establish a settlement fund (the “Additional Settlement Fund,” and, together with the Class Settlement Fund, the “Settlement Funds”), which shall be inclusive of:
1. Settlement payments to Class Members;
2. Notice costs, claims administration costs (including the costs of identifying Class Members), and taxes or tax administration costs related to interest earned on the Settlement Funds (collectively, the “Administration Costs”);
3. Service Payments (as defined below) to the Named Plaintiffs; and
4. Reasonable attorneys’ fees and litigation costs (the “Attorneys’ Fees and Costs”) in an amount to be determined by the Court and which the Defendants will not oppose for the purposes of Settlement Approval; and
5. The Initial Additional Payment (as defined below) and the Final Additional Payment (as defined below), to the extent funds are available, all pursuant to Section II.F hereof.
Settlement Relief. A. Subject to the terms of this Agreement, Class Members will be eligible for the remedies described herein if they satisfy both of the following criteria:
1. The tablet equipped in a Class Member’s Class Device failed due to the Defect, as evidenced by the tablet manifesting any one of the following symptoms when the Class Device is plugged in and powered on:
a. Permanently stuck on a white screen displaying the iFIT name and Logo bootloader screen;
b. Permanently stuck on a black screen displaying the text "API: 3";
c. Permanently stuck on the Android Halo screen;
d. Permanently stuck on a black screen with only the Bluetooth light turned on;
e. Displays the text "iFit>", continuously reboots, and only displays the flashing text "iFit>";
f. Permanently stuck on a screen displaying only "iFit>";
g. Permanently stuck on a screen displaying only a chevron (">");
h. Permanently stuck on a screen displaying only a flashing chevron (">"); or
i. Permanently stuck displaying a blank white screen.
2. The failure occurred after November 1, 2021, or within one (1) year from the Notice Date.
B. Depending on the current condition of their Class Device, Class Members shall be entitled to one—and only one—of the following three remedies for each Class Device they own or owned that satisfy the above-referenced criteria:
