Settlement Allocation Clause Samples
The Settlement Allocation clause defines how any settlement amounts received in connection with a dispute or claim are to be distributed among the parties involved. Typically, this clause outlines the method for dividing funds, such as proportionally based on each party’s losses or contributions, and may specify the order of priority for payments, including reimbursement of legal costs before other distributions. Its core practical function is to ensure transparency and fairness in the distribution of settlement proceeds, thereby preventing future disagreements over allocation and clarifying each party’s entitlements.
Settlement Allocation. In allocating such contributions as to each settlement, the contribution of the LUCENT intellectual property and the contribution of the PARADYNE intellectual property, if any, used in such settlement ("LUCENT Apportionment' and PARADYNE Apportionment", respectively) shall be used as follows
(a) The LUCENT Apportionment shall be applied against the then maximum liability of LUCENT under Section 11.2(c).
(b) The PARADYNE Apportionment shall be accounted for as follows:
(i) If the PARADYNE Apportionment is equal to or less than the then applicable Deductible Amount, it shall be fully credited against such Deductible Amount and the remaining amount, if any, shall be the then applicable Deductible Amount for the settlement.
(ii) If the PARADYNE Apportionment is greater than the then applicable Deductible Amount, no such Deductible Amount need be paid by PARADYNE to LUCENT and the amount of such PARADYNE Apportionment greater than such Deductible Amount, if any, shall be Editable against the Deductible Amount for each future settlement, at a rate of fifty cents per dollar of the PARADYNE contribution for such future settlement, till such PARADYNE Apportionment is fully accounted for. In no case shall the creditable amount be more than fifty cents per dollar of the Deductible Amount.
Settlement Allocation. The Settlement Amount will be apportioned among the Settling Subdivisions using allocation percentages used in previous National Opioid Settlements and used by the Settling Subdivisions at the sole discretion of the Settling Subdivisions.
Settlement Allocation. The allocation of payment of claims between the Class Members shall be paid based on the number of workweeks worked during the Class Period.
Settlement Allocation. The settlement allocation among class members will be determined at the discretion of Class Counsel, subject to the Court's approval, and will be based upon the workweeks during the applicable class periods of each class member. The notice of settlement to class members will advise them of their minimum settlement allocations and opportunity to opt-out of the settlement. The allocations of any California class members who opt out will be allocated pro rata to the participating class members at the time of settlement disbursement, and second and third settlement payments will only go to class members who cash the first settlement checks. Any checks that remain uncashed after 90 days of the final distribution will be voided and the amount will be allocated to Legal Aid at Work, a suitable cy pres recipient following California's standards.
Settlement Allocation. The Settlement Amount will be apportioned among Plaintiffs using allocation percentages used by Plaintiffs at the sole discretion of Plaintiffs. In any event, Plaintiffs’ apportionment of the Settlement Amount will not in any way affect their obligations under this Settlement Agreement, and Defendant shall have no liability whatsoever in relation to any such apportionment.
Settlement Allocation. Based upon an analysis of the facts of this Action, the 8 Parties determined and hereby agree that 0% of the settlement proceeds payable to the Settlement 9 Class Members are properly classified as wages. The payments will be classified as reimbursement 10 payments and interest. The Settlement Administrator shall issue an IRS Form 1099 to each 11 Settlement Class Member for their cash benefit.
Settlement Allocation. 3.1. The Administrator will make and deduct the following payments from the Gross Settlement Amount, in the amounts specified by the Court in the Final Approval:
Settlement Allocation. Defendant agrees to pay the Gross Settlement Amount, subject to Court approval, to be distributed according to the following allocations:
a. From the Gross Settlement Amount, Class Counsel may seek from the Court Attorney ▇▇▇▇’ and Costs, which Defendant will not oppose if consistent with this Settlement Agreement.
b. From the Gross Settlement Amount, the Parties agree to allocate the payment of Settlement Administration Expenses in a reasonable amount, which amount shall not exceed $31,000.00.
c. If the Court approves a lesser amount of attorneys’ fees, litigation costs, or Settlement Administration Expenses than those sought, any amount disallowed by the Court shall be added to the Net Settlement Amount and distributed to Participating Class Members on a pro rata basis based on their Workweeks worked during the Class Period.
d. From the Gross Settlement Amount, the Parties agree to allocate $200,000 to the PAGA Payment as follows: (1) the $150,000 LWDA PAGA Penalty Amount, and (2) the $50,000 PAGA Employee Payment on a pro rata basis based on the number of Pay Periods that PAGA Employees worked during the PAGA Period. Defendant shall provide the Settlement Administrator the number of Pay Periods worked by PAGA Employees during the PAGA Period. The number of Pay Periods worked by PAGA Employees shall be determined based on Defendant’s employment records. The PAGA Employee Payment shall be treated as miscellaneous income, which shall be reported on an IRS 1099 form without withholdings.
e. From the Gross Settlement Amount, the Parties agree to allocate $60,000 (or $15,000 each) to resolve each of Plaintiffs, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇’▇ individual claims they may have against Defendant. Defendant agrees not to oppose or object to Plaintiffs’ application to the Court for Plaintiffs’ Enhancement. Any amount requested by Plaintiffs for the Plaintiffs’ Enhancement and not granted by the Court shall return to The Net Settlement Amount.
f. The Net Settlement Amount is the balance of the Gross Settlement Amount after payments have been made for Attorneys’ Fees and Costs, Settlement Administration Expenses, the PAGA Payment (the LWDA PAGA Penalty Amount and the PAGA Employee Payment), and Plaintiffs’ Enhancement. Class Settlement Payments shall be paid from the Net Settlement Amount to the Participating Class Members based on their Workweeks worked during the Class Period.