Workweek Modification Sample Clauses

Workweek Modification. Defendant has represented that there are approximately 8,000 workweeks worked by approximately 682 Class Members during the Class Period. In the event the actual number of workweeks worked by Class Members during the Class Period increases by more than ten percent (10%) (i.e., increases to more than 8,800 workweeks) by the time Defendant provides Class Data to the Settlement Administrator for dissemination of Class Notice, the Gross Settlement Amount shall increase on a pro-rata basis equal to the percentage increase in the number of workweeks worked by Class Members above 10% (i.e., if there is a 11% increase in the number of workweeks during the Class Period, Defendant will agree to increase the Gross Settlement Amount by 1%.)
Sample 1
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Workweek Modification. Defendants estimate that there are approximately 36,000 workweeks worked by the Class Members during the Class Period. The payroll data for Defendant Rise Medical, prior to its acquisition by Advanced Medical Personnel Services, Inc., does not clearly delineate the number of weekly overtime hours worked and, thus, the Parties agree that, in order to get a useable number of workweeks worked for Rise Medical by Class Members, there is a need to apply assumptions that: (a) each workweek that a Class Member worked during the Class Period in California had overtime hours and (b) each workweek had the same amount of overtime hours worked for each Class Member during the Class Period in California. Defendants will endeavor to confirm this workweek count prior to the filing of the motion for preliminary approval. If the actual number of workweeks exceeds the estimated number of workweeks by more than 10%, the Gross Settlement Amount will increase by a percentage by which the actual number of workweeks exceeds 110% of the estimated number of workweeks. For example, if the actual number of workweeks is 115% of the estimated number of workweeks, the Gross Settlement Amount shall increase by 5%.
Sample 1
Workweek Modification. Defendant has represented that Class Members collectively worked approximately 81,015 workweeks from April 6, 2016 through May 7, 2022, based on the available records as well as reasonable extrapolation within the relevant time period based on start and ends dates of those individuals for whom complete data was not reasonably available. If the final number of workweeks worked by Class Members prior to December 31, 2022 exceeds 89,117 (110% of the estimated number) at the time of preliminary approval, then the Gross Settlement Amount will increase proportionally for workweeks over 89,117. However, if the final number of workweeks exceeds 89,117 (110% of the estimated number), Defendant, at its option, shall have the option to shorten the Class Period to reduce the number of workweeks below 89,117 and avoid application of the escalator clause. This shall be determined by Defendant prior to hearing on the motion for preliminary approval. For example, and to illustrate the intended operation of this Section, if Defendant’s verified workweek total covering the Class Period through December 31, 2022 is 93,167, Defendant would have the option to either (1) add an additional $125,000 (5%) to the Gross Settlement Amount; or (2) limit the end date of the Class Period to a date on which the total number of shifts would not exceed 89,117.
Sample 1

Related to Workweek Modification

  • CONTRACT MODIFICATION The following is adopted as the new CTC for the Contract effective December 29, 2022:

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Integration; Modification This Construction Services Agreement represents the entire understanding of District and Contractor as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered herein, and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.

  • Waiver, Modification, Etc No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

  • Agreement Modification 15.1 Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto.

  • Agreement Modifications No waiver, alteration or modification of any of the provisions of this Construction Services Agreement shall be binding upon either District or Contractor unless the same shall be in writing and signed by both District and Contractor.

  • Merger & Modification This Contract constitutes the entire agreement between the parties. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may not be modified, supplemented, or amended, except by written agreement signed by all necessary parties.

  • Custom Modifications In the event the Fund desires custom modifications in connection with its use of the System, the Fund shall make a written request to State Street providing specifications for the desired modification. Any custom modifications may be undertaken by State Street in its sole discretion in accordance with the Fee Schedule.

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