Allocation Plan Sample Clauses

Allocation Plan. Within [***] after the date Shire receives a DEA Quota Grant Letter, Shire will prepare and deliver to Impax, for its review, a proposed “Allocation Plan” that calculates [***] and Impax’s Allocated Share [***] for the Allocation Period. At the time of delivery of the proposed Allocation Plan, Shire will also provide Impax with justification documents in support of its calculation of [***], [***], and Impax’s Allocated Share, which documents shall include copies of all data and information used in the calculations, as well as a detailed description of the related calculations. Within [***] of receipt of Shire’s proposed Allocation Plan and justification documents, Impax will either agree to the proposed Allocation Plan, or provide to Shire any proposed adjustments to the Allocation Plan based upon what Impax believes are errors or miscalculations of [***], [***] and/or Impax’s Allocated Share. At the time of delivery of the proposed adjustments, Impax will also provide Shire with justification documents in support of its belief that there were such errors or miscalculations, which documents shall include copies of all data and information used to confirm the errors or miscalculations, as well as a detailed description of the related calculations. The Parties shall use their best efforts to agree upon a final Allocation Plan not less than [***] thereafter (the “Allocation Deadline”). In the event the Parties do not agree on Impax’s Allocated Share by the Allocation Deadline, the dispute resolution procedure set forth in Section 16. 13(d) hereof shall be immediately implemented in order to definitively resolve all disputes related to the calculation of Impax’s Allocated Share. In addition, Shire shall: (i) place an amount of kilograms equal to the difference between Shire’s proposed Impax’s Allocated Share and Impax’s proposed Impax’s Allocated Share (the “Disputed Quota”) into reserve pending resolution of the dispute in accordance with the terms herein; and (ii) make and deliver Impax AG Product not in dispute in accordance with the Delivery Schedule contemplated in Section 5. 3(e). To the extent the dispute is resolved in Impax’s favor, the Allocation Plan shall immediately be recalculated to include the relevant amount of Disputed Quota, and Impax’s Allocated Share and [***] shall be increased accordingly [***]. With respect to the delivery of Impax AG Product representing any Disputed Quota allocated to Impax following resolution of the relevant dispute...

Allocation Plan. Section II, Paragraph (D)(5)(ii) of the Settlement Agreement on pages 34-35 is hereby replaced and amended, and shall now read as follows:

Allocation Plan. The Settlement Award each Settlement Class Member receives shall be determined by the Settlement Administrator. The Settlement Award shall be based upon the factors identified by Class Counsel’s experts to determine the severity of harm the Settlement Class Member suffered as a result of the September 13, 2018 incident. The Settlement Administrator will also consider previous payments made to Members of the Class pursuant to the Existing Process or mediation in order to avoid duplicate compensation. Disputes regarding the fairness of the compensation shall be resolved first by the Administrator. Continuing disputes shall be resolved through mediation, and if mediation is unsuccessful by the Court. The Court’s rulings on such disputes shall be final and unappealable.

Allocation Plan. “Allocation Plan” means the plan by which the Net Settlement Fund will be distributed, subject to Court approval, to Class Members; provided that Plaintiffs’ Counsel will be solely responsible for developing the Allocation Plan, which proposed plan shall be submitted to the Court at the time the Settlement Agreement is submitted for preliminary approval.

Allocation Plan. 15 Class Members who do not opt out of the Settlement Class and whose addresses are 16 known to the Fairmont Defendants or ascertainable through their reasonable best efforts and/or 17 the efforts of the Settlement Administrator as specified herein, are eligible for Settlement awards.

Allocation Plan. 19 1. Class Members shall receive monetary damages to compensate them for the 20 injuries they have suffered as set forth in this Section. The Claims Administrator shall 21 determine that a claimant is a member of the Primary Class if it can reasonably be 22 determined from Defendants’ records and the information provided in the claim form that 23 the claimant’s Guest Information was provided to Federal Immigration Authorities. 24 2. Members of the Primary Class that submit a claim form and are determined 25 not to be members of Class 2 or Class 3 shall receive the compensation set forth in 26 Section XII.A.1. 27 3. The Claims Administrator shall determine whether a claimant is a member 28 of either Class 2 or Class 3 if it can reasonably be determined from Defendants’ records 29 and the information provided in the claim form that their encounter with Federal 1 Immigration Authorities at an Operated Location was a result of a Primary Class 2 Member’s Guest Information being provided to Federal Immigration Authorities. 3 4. Members of Class 2 that submit a claim form shall receive the 4 compensation set forth in Section XII.A.2. 5 5. The disbursement of the Settlement Account to members of Class 3 shall 6 follow the allocation plan described below: 7 a. Each potential member of Class 3 who seeks to receive an award 8 must fill out the claim form and supply information related to his or 9 her claim. On the basis of a review of the information supplied, Class