Alternative Cash Payment Clause Samples
The Alternative Cash Payment clause allows a party to fulfill an obligation by making a cash payment instead of delivering another form of consideration, such as goods, services, or securities. In practice, this means that if a contract originally requires the transfer of shares or physical assets, the obligated party can opt to pay an agreed-upon cash amount instead. This clause provides flexibility in contract performance and helps parties manage liquidity or avoid complications associated with non-cash transfers, ultimately ensuring smoother execution and reducing the risk of non-performance due to delivery issues.
Alternative Cash Payment. (a) At SFV’s absolute discretion, SFV may agree to accept a cash payment from LTES Operator proposed under clause 14.5(b)(iii) (“Cure”) that is:
(i) commensurate with the value of the relevant Social Licence Commitment to SFV and any other person that would have benefitted from that Social Licence Commitment; and
(ii) sufficient to allow SFV to undertake:
(A) the Social Licence Commitment that LTES Operator has failed to comply with; or
(B) an alternative to the Social Licence Commitment that LTES Operator has failed to comply with, which SFV determines (acting reasonably) is of equivalent or greater merit than that Social Licence Commitment under clauses 14.5(b)(iii) and 14.5(d).
(b) If LTES Operator pays SFV an amount agreed under paragraph (a) in respect of a Social Licence Commitment, then LTES Operator is not required to perform that Social Licence Commitment.
Alternative Cash Payment. In the alternative to the Documented Loss Payment and the Credit Monitoring benefit, Class Members who are not California residents may submit a claim to receive a pro rata Settlement Payment in cash of $250 (“Alterative Cash Payment”). California Class Members may submit a claim to receive a pro rata Settlement Payment in cash of $400 (in recognition of their superior statutory claims). Class Members who submit a Claim for a Cash Fund Payment will not be entitled to select any of the other Settlement Benefits. *The Alternative Cash Payment may be subject to a pro rata increase/decrease depending on the ultimate number of claims made.
1. Why is this Notice being provided?
2. What is this lawsuit about?
3. Why is the lawsuit a class action?
4. Why is there a Settlement? WHO IS INCLUDED IN THE SETTLEMENT? PAGES 4-5
5. How do I know if I am part of the Settlement?
6. Are there exceptions to being included in the Settlement?
7. What if I am still not sure whether I am part of the Settlement? THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY PAGES 5-7
8. What does the Settlement provide?
9. What may cause Settlement benefits to increase or decrease?
10. How do I submit a claim for reimbursement of a Documented Ordinary Loss Payment, Lost Time, Documented Extraordinary Loss, Credit Monitoring, or an Alternative Cash Payment?
11. What am I giving up to receive Settlement benefits or stay in the Settlement Class?
12. What are the Released Claims? HOW TO GET BENEFITS FROM THE SETTLEMENT PAGES 7-8
13. How do I make a claim for Settlement benefits?
14. What happens if my contact information changes after I submit a claim?
15. When will I receive my Settlement benefits? THE LAWYERS REPRESENTING YOU PAGE 8
16. Do I have a lawyer in this case?
17. How will Class Counsel be paid? OPTING OUT FROM THE SETTLEMENT PAGES 8-9
18. How do I get out of the Settlement?
19. If I opt out, can I get anything from the Settlement?
20. If I do not opt out, can I sue the Defendant for the same thing later? OBJECTING TO THE SETTLEMENT PAGES 9-10
21. How do I tell the Court that I do not like the Settlement?
22. What is the difference between objecting and asking to opt out? THE FINAL FAIRNESS HEARING PAGES 10-11
23. When and where will the Court decide whether to approve the Settlement?
24. Do I have to attend the Final Fairness Hearing?
25. May I speak at the Final Fairness Hearing? IF YOU DO NOTHING PAGE 11
26. What happens if I do nothing at all? GETTING MORE INFORMATION PAGE 11
27. ...
Alternative Cash Payment. In the alternative to claims for Unreimbursed Losses, Lost Time, and Credit Monitoring Services, Settlement Class Members can make a claim for a $50 Alternative Cash Payment.
Alternative Cash Payment. Settlement Class Members can elect to make a claim for a $250 Alternative Cash Payment, and California Subclass Members may make a claim for a $400 Alternative Cash Payment (in recognition of their superior statutory claims) in lieu of all the settlement benefits outlined above. To receive this Alternative Cash payment, Settlement Class Members must submit a valid form, but no documentation is required to make this claim. The amount of the Alternative Cash Payments will be increased or decreased on a pro rata basis, depending upon the number of valid claims filed and the amount of funds available for these payments.
Alternative Cash Payment. Check this box if you wish to receive a $50 alternative cash payment in lieu of expense reimbursement.
Alternative Cash Payment. Settlement Class Members may, in lieu of making a claim for reimbursement of Out-of-Pocket Losses with documentation, elect to receive a cash payment in the amount of $75.00, subject to pro rata decrease or increase pursuant to ¶ 2.2.
Alternative Cash Payment. In lieu of making a monetary claim under Sections 3.2(a) or 3.2(b) above, Settlement Class Members may submit a claim to receive a flat-fee Alternative Cash Payment. The amount of the Alternative Cash Payment will be determined in accordance with the Plan of Allocation in Section 3.7 after amounts sufficient to pay reasonable Administrative Expenses incurred pursuant to this Settlement Agreement, Service Awards approved by the Court, any amounts approved by the Court for the Fee Award and Costs, Taxes, and Approved Claims for benefits in Sections 3.2(a) and 3.2(b)` have been deducted from the Settlement Fund.
Alternative Cash Payment. As an alternative to seeking reimbursement of Expense Reimbursements in ¶ 2.1.1, Settlement Class Members may receive a one-time cash payment of $50.
Alternative Cash Payment. Settlement Class Members can elect to make a claim for an alternative cash payment in lieu of expense reimbursement. No documentation is required to make this claim. The amount of the alternative cash payment will be increased or decreased on a pro rata basis, depending upon the number of valid claims filed and the amount of funds available for these payments. This Claim Form may be submitted electronically via the Settlement Website at or completed and mailed, including any supporting documentation, to: ▇▇▇▇▇ & ▇▇▇▇▇ Settlement, Attn: Claim Forms, .
Alternative Cash Payment. I would like to receive an alternative cash payment instead of seeking reimbursement for Out-of-Pocket Losses or Lost Time.