EXCLUDING YOURSELF FROM THE SETTLEMENT If you are a Settlement Class Member and you want to keep any right you may have to sue or continue to sue the Defendant and Released Parties on your own based on the legal claims raised in this lawsuit or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from – or “opting-out” of – the Settlement.
Optional Daily Usage File (ODUF 11.1 The Optional Daily Usage File (ODUF) Agreement with terms and conditions is included in this Attachment as Exhibit C. Rates for ODUF are as set forth in Exhibit E of this Attachment.
Enhanced Optional Daily Usage File (EODUF 13.1 The EODUF service Agreement with terms and conditions is included in this Attachment as Exhibit C. Rates for EODUF are as set forth in Exhibit D.
Optional Daily Usage File 1. Upon written request from <<customer_name>>, BellSouth will provide the Optional Daily Usage File (ODUF) service to <<customer_name>> pursuant to the terms and conditions set forth in this section.
Same-Day Availability Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Account. ACH Credits received from an external bank account will be applied to the Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.
Enhanced Optional Daily Usage File 1. Upon written request from <<customer_name>>, BellSouth will provide the Enhanced Optional Daily Usage File (EODUF) service to <<customer_name>> pursuant to the terms and conditions set forth in this section. EODUF will only be sent to existing ODUF subscribers who request the EODUF option.
Civil Penalty Payment Pursuant to Health and Safety Code§ 25249.7(b)(2), and in settlement of all claims alleged in the Notice or referred to in this Settlement Agreement, XXXX agrees to pay Three Thousand Five Hundred Dollars ($3,500.00) in civil penalties. The penalty payment will be allocated in accordance with California Health and Safety Code§§ 25249.12(c)(1) & (d), with 75% of the penalty amount paid to the California Office of Environmental Health Hazard Assessment ("OEHHA") and the remaining 25% of the penalty amount retained by CRC. Within ten (10) days of the Effective Date, VIGO shall issue a check to “OEHHA” in the amount of Two Thousand Six Hundred and Twenty-Five Dollars ($2,625.00) and shall, pursuant to the instructions below, wire to CRC the amount of Eight Hundred and Seventy-Five Dollars ($875.00). All payments owed to OEHHA (EIN: 00-0000000) pursuant to this Section shall be delivered directly to OEHHA (Memo Line "Prop 65 Penalties") at the following addresses: For United States Postal Delivery Service: Xxxx Xxxxxxx Fiscal Operations Branch Chief Office of Environmental Health Hazard Assessment P.O. Box 4010, MS 19B Sacramento, CA 95812-4010 For Non-United States Postal Delivery Service: Xxxx Xxxxxxx Fiscal Operations Branch Chief Office of Environmental Health Hazard Assessment 0000 X Xxxxxx XX #00X Sacramento, CA 95814 All penalty payments owed to CRC shall be sent via wire to: Wire & ACH Instructions: Account Name: The Law Offices of Xxxxxx X. Xxxxxxx Bank Name: X.X. Xxxxxx Xxxxx Bank, N.A. Bank Address: 000 Xxxx Xxx. New York, NY. 10017 ACH Routing / ABA Number: 000000000 Wire Routing / ABA Number: 000000000 Account Number: 802922919 For further benefit of: Civil Penalty Payment File No. P65-0389
Stipulated Penalties for Failure to Comply with Certain Obligations As a contractual remedy, Xxxxxx and OIG hereby agree that failure to comply with certain obligations as set forth in this CIA may lead to the imposition of the following monetary penalties (hereinafter referred to as “Stipulated Penalties”) in accordance with the following provisions.
California Civil Code § 1542 It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice and relating to the Products will develop or be discovered. CPA on behalf of itself only, on one hand, and Empire, on the other hand, acknowledge that this Agreement is expressly intended to cover and include all such claims up through the Effective Date, including all rights of action therefore. The Parties acknowledge that the claims released in §§ 5.1 and 5.2, above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. CPA and Empire each acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542.
Civil Penalty Within ten (10) days of the Effective Date, West Xxxxxxx shall issue two (2) separate checks for the Civil Penalty payment to (a) “OEHHA” in the amount of $375.00; and to (b) “Xxxxxxx & Xxxxx in Trust for Xxxxxxxx” in the amount of $125.00. The Civil Penalty payment(s) shall be delivered to the addresses identified in § 3.2, below.
