Defendant’s Payment Obligations Sample Clauses

Defendant’s Payment Obligations. ‌ 9.1 Within ten (10) business days of the Final Order, the Defendant shall pay the sum of USD$5,000 to the Plaintiff as an honorarium for bringing the Action and for her time and effort in relation thereto. The honorarium awarded shall be paid by the Defendant in addition to the other benefits of this Agreement. 9.2 After agreeing to the principal terms set forth in this Agreement, Class Counsel and Defence Counsel negotiated the amount of the Class Counsel Fees and Expenses that, separate and apart from the consideration for this Settlement, following application to the Court and subject to Court approval, would be paid by the Defendant as the fee award and costs award to Class Counsel. Within ten (10) business days after the Final Order, the Defendant will pay to Class Counsel the Class Counsel Fees and Expenses. 9.3 Unless otherwise specified herein, the costs associated with the publication and dissemination of the Class Notice and otherwise implementing the Notice Plan, shall be paid by the Defendant. The Parties agree to attempt to keep the cost of the Notice Plan at or below USD$50,000. Neither the Plaintiff nor Class Counsel has any responsibility to pay the costs associated with the publication and dissemination of the Class Notice, even if: (a) the Settlement is terminated in accordance with Section 8 of this Agreement; (b) the Settlement is not approved by the Court at the Settlement Approval Hearing; or (c) there is no Final Order. 9.4 The Defendant will pay the Administration Expenses directly to the Settlement Administrator. The Parties agree to attempt to keep the cost of the Settlement Administrator fees at or below USD$50,000 plus applicable taxes. Neither the Plaintiff nor Class Counsel has any responsibility to pay the Administration Expenses, even if: (a) the Settlement is terminated in accordance with Section 8 of this Agreement; (b) the Settlement is not approved by the Court at the Settlement Approval Hearing; or (c) there is no Final Order. 9.5 Within five (5) Days after the Court has set down the Approval Hearing Date, the Defendant will transfer to the Settlement Administrator the costs associated with the publication and dissemination of the Class Notice in accordance with the Notice Plan. 9.6 Within ten (10) business days after the Final Order, the Defendant will transfer to the Settlement Administrator the amounts necessary for the creation of the Reimbursement Fund to be placed in a Canadian bank account for the purpose of di...

Defendant’s Payment Obligations. ‌ 8.1 Within 5 Days after the Final Order Date and subject to Court approval, the Defendants shall pay the sum of CAD$5,000 to the Plaintiff as an honorarium and in full satisfaction of any and all claims asserted by the Plaintiff in the Action. 8.2 Within 5 days after the Final Order Date and subject to Court approval, the Defendants will pay to Class Counsel the Class Counsel Fee. In the event that the Court approves a class counsel fee that is less than the amount of CAD$295,000, the Defendants will pay only the approved amount as the Class Counsel Fee. 8.3 As soon as possible after the Final Order Date, the Defendants shall pay the Settlement Funds to the Settlement Administrator in trust for the Listed Class Members. The Settlement Administrator shall thereafter promptly distribute the Settlement Funds via e-transfer in the amount of CAD$94.75 to each of the Listed Class Members. 8.4 As soon as possible after the Final Order Date, the Defendants will make a donation to each of the following registered charities in the amount of CAD$125,000 (for a total of CAD$375,000): (1) CAD$125,000 to the University of Calgary (Faculty of Veterinary Medicine) with registration number 108102864 RR 0001, (2) CAD$125,000 to the Ontario Veterinary College Pet Trust with registration number 10816 1829 RR0001, and (3) CAD$125,000 to the University of Montreal (Faculty of Veterinary Medicine) with registration number 108160995 RR0001. The Defendants may exercise sole discretion to direct each donation to a particular fund or project at each university that the Defendants believe will promote the health and welfare of cats and dogs in Canada. 8.5 As soon as possible after the Final Order Date, the Defendants shall pay Administration Expenses to the Settlement Administrator in the fixed amount of CAD$50,000, plus CAD$25,000 for past notice costs. 8.6 The Defendants shall not be liable for any Excluded Costs.

Defendant’s Payment Obligations. In consideration for the dismissal with prejudice of the Litigation as well as the release of claims effected by this Agreement and other good and valuable consideration, Defendants shall pay a maximum of Three Million, Nine Hundred Thousand Dollars And Zero Cents ($3,900,000.00) (the “Gross Fund”). Subject to the terms of this Agreement, the Gross Fund is inclusive of payment for: (1) all Qualified Claimants, or their respective authorized legal representatives (as allocated in paragraph III(F)(2) below); (2) the Service Payments (as defined in paragraph III(F)(3) below) approved by the Court for the Service Payment Recipients (as defined below); (3) all attorneys’ fees and litigation expenses approved by the Court, including those in connection with securing Court approval of this Agreement, the claims process and implementing this Agreement, other than fees and costs awarded in connection with any successful proceeding to enforce the terms of this Agreement; (4) all costs incurred by the Settlement Administrator and all costs in connection with the Settlement Fund (as defined in paragraph III(E)(1) below); and (5) the Qualified Claimants’ share of applicable federal, state and local taxes required to be withheld by the Settlement Fund. The Gross Fund shall be all that Defendants or Released Parties (as defined below) shall pay pursuant to this Agreement (with the exception of their own attorneys’ fees and the employer’s share of any Payroll Taxes in connection with payments hereunder).

Defendant’s Payment Obligations. 1. In consideration for the dismissal with prejudice of the Litigation as well as the release of claims effected by this Agreement and other good and valuable consideration, Defendant shall pay a maximum of Four Hundred Twenty-Five Thousand Dollars and Zero Cents ($425,000.00) (the <Gross Fund=). 2. In connection with the Parties’ settlement discussions, Defendant estimated that the Potential Opt-In Plaintiffs worked 24,546 workweeks (<Base Workweeks=) in the two- year period ending July 31, 2021 (<Base Workweeks Period=). If the final list of eligible workweeks at issue, calculated pursuant to Section III(F)(2) below, is more than 10% greater than the Base Workweeks, Defendant will pay a proportional amount in addition to the Gross Fund, into the Gross Fund, for each additional such week above the 10% threshold. 3. Subject to the terms of this Agreement, the Gross Fund is inclusive of payment for: (a) all Qualified Claimants, or their respective authorized legal representatives; (b) the General Release Payment (as defined below) approved by the Court for the Named Plaintiff;

Defendant’s Payment Obligations. To implement the terms of this Settlement, Defendants agrees to pay a non-segregated Gross Settlement Amount of $2,500,000, or as subject to D.4 below. All monies paid out under this Settlement shall be paid from the Gross Settlement Amount subject to orders of this Court. At no time shall Defendants have the obligation to segregate the funds comprising the Gross Settlement Amount. Defendants shall retain authority over and responsibility for those funds, subject to their transfer pursuant to the schedule set forth below and any other the terms of this Settlement. Defendants shall transfer the Gross Settlement to the Settlement Administrator Amount in the following installments: First Transfer of $375,000 by 9/30/2015 Second Transfer of an additional $375,000 by 1/31/2016 Third Transfer of an additional $375,000 by 5/31/2016 Fourth Transfer of an additional $375,000 by 8/31/2016 Fifth Transfer of an additional $375,000 by 11/30/2016 Sixth Transfer of an additional $375,000 by 2/28/2016 Seventh Transfer of an additional $250,000 by 5/30/2017 Defendants shall have no power over transferred funds, or to alter this schedule, absent Court order; provided, however, that should the Settlement not become fully effective pursuant to Section III.M, such funds shall be immediately transferred back to Defendants.

Defendant’s Payment Obligations. In consideration for the dismissal with prejudice of the Litigation as well as the release of claims effected by this Agreement and other good and valuable consideration, Defendant shall pay a maximum of ($650,000.00), to settle the Litigation (the “Gross Fund”). Defendant shall make such payments to the QSF within 14 days after the Effective Date. Within 14 days of the Settlement Claims Administrator advising Defendant of the amount due to satisfy Defendant’s and the QSF’s employer tax obligations, Defendant shall pay the QSF any additional amount due to satisfy Defendant’s and the QSF’s tax obligations in accordance with this Agreement. Payments will be sent via wire transfer to the Settlement Claims Administrator.‌

Defendant’s Payment Obligations