Common use of Settlement Payment Clause in Contracts

Settlement Payment. In exchange for the releases set forth in this Settlement Agreement, SCR agrees to pay a common fund of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) (the “Maximum Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes within thirty (30) days of the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement Agreement. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00), plus up to Twenty Thousand Dollars and Zero Cents ($20,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees as the “PAGA Amount.” C. Defendant’s share of payroll taxes shall be paid by Defendant separate and apart from the Maximum Settlement Amount.

Settlement Payment. In exchange for the releases set forth in this Settlement Agreement, SCR (a) Academy agrees to pay a common fund the total sum of Two (and not to exceed) Nine Hundred Fifty Twenty-Five Thousand Dollars and Zero Cents ($250,000.00925,000.00) (the “Maximum Total Settlement Amount” or ”) into a Qualified Settlement Fund (“MSAQSF”) in full order to fully and complete finally resolve settlement of the Claim for the Participating Class Members. The Total Settlement Amount is inclusive of the Settlement Administrator’s administration costs; Class Counsel’s fees and costs; interest; litigation costs; back wages; liquidated/statutory damages or penalties; and service payments to Named Plaintiffs, if awarded by the Court; arising out of the Claim. The Total Settlement Amount will cover the full amount of both the Participating Class Members’ W-2 withholdings (and state/local withholdings if applicable) on the wages portion of their Settlement Payments, and any employer share of payroll taxes on the wages portion of the Settlement Payments made to Participating Class Members, to be paid by the Settlement Administrator from the QSF created for this mattersettlement. Plaintiff s counsel, or the Settlement Administrator, will notify Defendant's counsel of the allocations and the percentage for tax purposes of the net Settlement Payment to Participating Class Members that will be treated as wages and reported by Form W-2 by the QSF, and the percentage that will be treated as penalties, liquidated damages, interest, service payments, or other non-wage payments and reported by Form 1099. No amount of the Total Settlement Amount will revert to Defendant. Uncashed check amounts after all reasonable skip tracing attempts at contact will be returned to the Settlement Administrator for deposit with any applicable state unclaimed property office. (b) Plaintiffs’ counsel will, no later than ten (10) days prior to the scheduled date of the final approval hearing, apply for payment of attorney's fees from the Total Settlement Amount in an amount up to thirty-three percent (33%), and for reimbursement of advanced litigation costs and expenses, which Defendant does not oppose. Plaintiffs’ counsel will also, no later than ten (10) days prior to the scheduled date of the final approval hearing, request that the court approve an award of service payments of $7,500 to named plaintiff ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and $1,000 to each class representative of the State Classes, which request Defendant does not oppose, subject to approval by any required court. Any service payments awarded shall be in addition to payments that they shall receive as members of the FLSA Settlement Collective and, as follows:applicable, State Settlement Classes; shall be distributed by the Settlement Administrator in separate checks mailed contemporaneously with the mailing of checks as set forth below; and shall be reported to state and federal taxing authorities as non-wage income on IRS Form 1099. A. (c) The Maximum Total Settlement Amount less the amount of Settlement Administrator’s costs, Class Counsel’s fees and costs, service payments to Named Plaintiffs, and estimated payroll taxes to be paid on the wage portions by the QSF, is defined as the “Net Settlement Amount.” (d) The Net Settlement Amount has been apportioned as set forth below between the FLSA Collective, the members of the State Settlement Classes who did not previously opt-in but timely submit a Claim form to opt-in and receive their FLSA payment as part of the FLSA Settlement Collective, and the members of the State Settlement Classes who do not timely submit a Claim form, in a manner that accounts for non-opt-in State Settlement Class members' additional risks on FLSA claims by not opting in to the Action if the court were to deny approval of settlement and not equitably toll the running of the FLSA statute of limitations on their unpreserved FLSA claims, and for absent State Settlement Class members’ additional risks of non-recovery if the court were to deny Rule 23 certification in whole or in part, deny state law class claims on the Claim as preempted, and/or rule that the running of the statute of limitations on members of the State Settlement Classes bars some or all of their recovery on the Claim. Payments will be calculated on a pro-rata basis based upon the formula set forth below under which Class Counsel negotiated their claims, which accounts for valuation differential between preserved FLSA claims by FLSA Collective members and unpreserved FLSA claims only made available by settlement subject to Court approval to State Settlement Class members, as well as variances in additional remedies available under certain state laws to employees who worked in those states, which allocation Defendant does not oppose. Settlement payments have been apportioned between wages and non-wage liquidated damages, interest and penalties as appropriate for the applicable state law claims, as set forth below. The apportionment and allocation of the Net Settlement Amount shall be deposited with the Settlement Administrator as set forth in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes within thirty (30) days of the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement AgreementSection 10 below. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00), plus up to Twenty Thousand Dollars and Zero Cents ($20,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees as the “PAGA Amount.” C. Defendant’s share of payroll taxes shall be paid by Defendant separate and apart from the Maximum Settlement Amount.

Settlement Payment. In exchange for the releases set forth in this Settlement Agreement, SCR Defendant agrees to pay a common fund of Two One Hundred Fifty Sixty Seven Thousand Five Hundred Dollars and Zero Cents ($250,000.00167,500.00) (the “Maximum Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes within thirty (30) days of after the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order order granting Final Approvalfinal approval of the Settlement Agreement or, or solely in the event that there are any objections to the settlement, Settlement Agreement (the filing of an objection being a prerequisite to the filing of an appeal), the later of: (i) the last date on which any appeal might be filed, filed or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review; (“the Final Effective Date”); The Settlement Administrator shall hold all portions of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement Agreement. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Ten Thousand Five Hundred Dollars and Zero Cents ($6,500.0010,000.00).; (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the LawsuitLitigation, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement Settlement Agreement for that reason, and it shall remain binding; (4) Up to one-third (33.33%) of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Fifty-Five Thousand Three Eight Hundred Thirty Thirty-Three Dollars and Thirty-Three Cents ($83,333.0055,833.33), plus up to Twenty Ten Thousand Dollars and Zero Cents ($20,000.0010,000.00) in verified costs and expenses according to proof related to the Lawsuit Litigation as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement Settlement Agreement for that reason, and it shall remain binding; and (5) Five Sixteen Thousand Seven Hundred Fifty Dollars and Zero Cents ($5,000.0016,750.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three or Twelve Thousand Seven Five Hundred Fifty Sixty-Two Dollars and Zero Fifty Cents ($3,750.0012,562.50) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), ) or Four Thousand One Thousand Two Hundred Fifty Eighty-Seven Dollars and Zero Fifty Cents ($1,250.004,187.50) will be payable to the Aggrieved Employees Settlement Class as the “PAGA Amount.” C. (6) Defendant’s share of payroll taxes shall be paid by Defendant separate separately from, and apart from in addition to, the Maximum Settlement Amount.

Settlement Payment. In exchange for the releases set forth in this Settlement Agreement, SCR agrees Defendants agree to pay a common fund of Two Four Hundred Fifty Twenty Thousand Dollars and Zero Cents ($250,000.00420,000.00) (the “Maximum Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes within Within thirty (30) calendar days of the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); , Defendants will deposit the Maximum Settlement Amount and their share of employer’s payroll taxes into a Qualified Settlement Fund account from which the Settlement Administrator will have authority to distribute money within fifteen (15) business days of receipt of the Maximum Settlement Amount. The Settlement Administrator shall hold all portions disburse its settlement administration fees, Class Representative Incentive Payment, payment to the California Labor and Workforce Development Agency (“LWDA”) for its share of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement PAGA civil penalties, Class until the time for disbursement as called for in this Settlement AgreementCounsel’s litigation costs and expenses, and Class Counsel’s attorneys’ fees. B. This is a non-reversionary settlement. No portion of the Maximum Settlement Amount will return to Defendants. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Thousand Five Two Hundred Fifty Dollars and Zero Cents ($6,500.006,250.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement a Class Representative Incentive Payment, subject to Court approval. The Class Representative Incentive Payment to Plaintiff is in exchange for the Released Claims, in recognition General Release of Plaintiff’s general release of individual claims, contributions and for Plaintiff’s time, effort, and risk in bringing and prosecuting the Lawsuit. Any adjustments made by the Court to the Lawsuit, and service to the Settlement Classrequested Class Representative Incentive Payment shall not be deemed a material modification of this Agreement. In the event that the Court reduces or does not approve the requested Enhancement Class Representative Incentive Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement Agreement for that reason, and it shall remain binding. Any portion of the requested Class Representative Incentive Payment that is not awarded to Plaintiff, as the Class Representative, shall become part of the Net Settlement Amount and distributed to Participating Class Members as provided in this Agreement; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three One Hundred Forty Thousand Three Hundred Thirty Three Dollars and Zero Cents ($83,333.00140,000.00), plus up to Twenty Thousand Dollars and Zero Cents ($20,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement Agreement for that reason, and it shall remain binding. Any portion of the requested fees or costs that is not awarded by the Court to Class Counsel shall become part of the Net Settlement Amount and distributed to Participating Class Members as provided in this Agreement; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per California Labor Code § section 2699(i), seventy-five percent (75%) of such penalties, or Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees Settlement Class as the “PAGA Amount.” C. Defendant’s Defendants’ share of payroll taxes shall be paid by Defendant separate Defendants separately from, and apart from in addition to, the Maximum Settlement Amount. Defendants shall provide all information necessary for the Settlement Administrator to calculate necessary payroll taxes including their official names, 8-digit state unemployment insurance tax ID numbers, and other information requested by the Settlement Administrator, no later than seven (7) calendar days of the Effective Date.

Settlement Payment. In exchange for Only Settlement Collective/Class Members will receive money in connection with this Settlement. Once the releases set forth in this Settlement Agreementbecomes Final, SCR agrees to pay a common fund of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) (the “Maximum Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator will calculate Settlement Payments for Collective/Class Members in accordance with the following steps: 1. After the Opt/Out Objection Date, the Settlement Administrator will calculate each Collective/Class Member’s final payment amount using the methodology outlined above, after removing from that calculation the apportionment made above in Section 4.6A to any Collective/ClassMember who timely opts-out of the Settlement. 2. The calculation above in Section 4.6A will also be adjusted based on the Court’s final award of Class Counsel’s attorneys’ fees and expenses, Service Awards, and costs of administration. 3. The Settlement Administrator will partition each Collective/Class Member’s Settlement Payment into two (2) installments as followspayments to the Collective/Class Member: (ia) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days one check for 50% of the date of Preliminary Approval Collective/Class Member’s Settlement Payment, representing alleged lost wages, less all deductions required by law; and (iib) SCR shall pay the remainder one check for 50% of the MSA and its share of payroll taxes within thirty (30) days Collective/Class Member’s Settlement Payment, representing liquidated damages. For any individual currently employed by EWSO as of the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, any payments shall indicate and include deductions for wage garnishments, child support payments, or solely tax liens, if any, as set forth in Defendant’s records (if applicable). 4. In performing the event that there are any objections to calculations for the settlementSettlement Payments, the filing of an objection being a prerequisite Settlement Administrator will use the information provided to the filing of an appealClass Counsel by Defendant. 5. Plaintiffs, Class Counsel, Released Persons, and Defendant’s Counsel will have no responsibility for, or liability arising from, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions Administrator’s calculations of the Maximum Settlement Amount in an interest-bearing account for the benefit distribution of the Settlement Amount including, without limitation, the calculation of an individual Collective/Class until Member’s Settlement Payment. 6. Ten (10) days before the time Final Approval Hearing, the Settlement Administrator will certify jointly to Class Counsel and Defendant’s Counsel a list of all Collective/Class Members, indicating for disbursement as called for in each the total estimated Settlement Payment due to that individual pursuant to this Settlement Agreement. B. This is a non-reversionary settlement7. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, Nothing in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the this Settlement Agreement remains in full force and effect, Plaintiff shall not have require any adjustment to any Collective/Class Member’s accrued benefits under the right to revoke the settlement for that reason, and it shall remain binding; (4Beusa Energy 401(k) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00), plus up to Twenty Thousand Dollars and Zero Cents ($20,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees as the “PAGA AmountPlan.” C. Defendant’s share of payroll taxes shall be paid by Defendant separate and apart from the Maximum Settlement Amount.

Settlement Payment. In exchange for a. Within three business (3) days of entry of the releases set forth in this Settlement AgreementFinal Judgment and Order, SCR ▇▇▇▇▇ agrees to pay cause to be paid into the Settlement Fund a common fund total of Two Six Million Seven Hundred Fifty Thousand Dollars and Zero Cents dollars ($250,000.006,700,000) by check or wire transfer into a Qualified Settlement Fund (“QSF”) account to be established by Class Counsel pursuant to the “Maximum Internal Revenue Code. See 26 C.F.R. 1.468B-1. b. No later than ten (10) business days after the Effective Date, Class counsel shall be paid any and all attorneys’ fees and expenses awarded by the Court. All such payments to Class Counsel shall be made exclusively from the Settlement Fund. c. No later than ten (10) business days after the Effective Date, the Named Class Representatives shall be paid any Incentive Awards awarded by the Court. Such Incentive Awards are for their efforts on behalf of the Settlement Class, and are in addition to any distribution or payment they may receive by virtue of their status as one of the Settlement Class Members. d. No later than thirty (30) business days after the Effective Date, the balance of the Settlement Fund after any Court-approved Fee Award and Incentive Award, i.e. the Net Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited disbursed to each Owner(s) providing a Valid Proof of Ownership Form in a manner consistent with the process explained in Section 6(f). i. The Allocation Amount of each Affected Property will be calculated by multiplying the amount of Eligible Concrete at the Affected Property by the Value Per Yard of Eligible Concrete. ii. There will only be one Allocation Amount per Affected Property. If the Proof of Ownership Form is timely and properly submitted to the Settlement Administrator, and then approved by the Settlement Administrator, a check will be issued in the names of all co-owners. e. No payment from the Settlement Fund to Class Counsel, the Named Class Representative, or any Settlement Class Members shall be made until after the Effective Date. The Settlement Administrator will distribute payments to the Class Members who timely submit settlement Proof of Ownership Forms that are approved by the Settlement Administrator in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes consultation with Class Counsel within thirty (30) days of the date of Final Approval Effective Date. All checks will remain valid for one hundred-fifty (which150) days, after which they shall become null and void. Any replacement checks that may be issued shall remain valid for this purpose, only the original 150-day period. Any unclaimed funds shall be defined as revert to Argos 180 days after the date on which Effective Date. ▇▇▇▇▇ agrees to timely pay the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions of as required. Any dispute between the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement Agreement. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments parties regarding payment to the Settlement Class; (2) All fees Administrator will be submitted to and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00), plus up to Twenty Thousand Dollars and Zero Cents ($20,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside resolved by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees as the “PAGA AmountCourt.” C. Defendant’s share of payroll taxes shall be paid by Defendant separate and apart from the Maximum Settlement Amount.

Settlement Payment. In exchange for 1. Subject to the releases conditions, representations and warranties set forth herein, Defendant shall pay or cause to be paid into the Escrow Account a total of $3,500,000 (three million five hundred thousand dollars and no cents) pursuant to the terms and schedule set forth herein in total and complete resolution of any liability owing under this Settlement Agreement, SCR agrees whether individually or collectively to Plaintiffs, the Settlement Class, Settlement Class Members, Class Counsel or any other person or entity in respect to this Agreement and any matters released by this Agreement (“Settlement Payment” or “Settlement Fund”). No later than thirty (30) days after entry of the Preliminary Approval Order, Defendant shall pay a common fund of Two Hundred Fifty Thousand Dollars or cause to be paid into the Escrow Account $250,000 (two hundred fifty thousand dollars and Zero Cents ($250,000.00no cents) (the “Maximum Settlement Amount” or “MSAInitial Administration Payment”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR ). Defendant shall pay or cause to be paid into the Escrow Account the remainder of the MSA Settlement Payment,$3,250,000 (three million two hundred fifty thousand dollars and its share of payroll taxes no cents) (“Remaining Fund Payment”), within thirty (30) days of after the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement Agreement. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement ClassEffective Date. In the event that the Court reduces or Effective Date does not approve occur for any reason, Defendant shall be under no obligation to make the requested Enhancement Remaining Fund Payment, . 2. The Settlement Payment shall be made by wire transfer to the Escrow Account based on instructions from the Settlement Agreement remains in full force and effectAdministrator. 3. Under no circumstances, Plaintiff shall not have the right whether for compensation to revoke the settlement for that reasonSettlement Class Members, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated expenses, costs of administration or notice of the Settlement, or otherwise, will Defendant or any of the Released Parties owe any obligation to be Eighty Three Thousand Three Hundred Thirty Three Dollars (any of the Releasing Parties or any of their counsel, including Class Counsel, or any other person or entity beyond the Settlement Payment of $83,333.00)3,500,000 in respect to this Agreement, plus up the Action or any matter released by this Agreement. No Settlement Class Member shall receive any payment from the Settlement Payment prior to Twenty Thousand Dollars the Effective Date. 4. Plaintiffs and Zero Cents ($20,000.00) in verified Class Counsel are responsible for submitting to the Court and obtaining approval for an allocation of the Settlement Payment among compensation to Settlement Class Members, compensation to Plaintiffs, payment to Class Counsel for attorneys’ fees, costs and expenses related to and the Lawsuit as supported by declarationcost of notice and administration of the Settlement. In Class Counsel assumes all responsibility of any kind regarding any such allocation, including without limitation all responsibility in connection with any disputes of any kind arising out of such allocation. Defendant and the event that the Court reduces Released Parties will not be involved in, or does not approve Class Counselresponsible for, or face liability in connection with, any such allocation. 5. The Court’s requested fees and costs, determination regarding how much of the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees as the “PAGA Amount.” C. Defendant’s share of payroll taxes Payment shall be paid by Defendant separate and apart from the Maximum allocated to each of (i) compensation to Settlement Amount.Class Members; (ii) compensation to Plaintiffs;

Settlement Payment. In exchange for the releases set forth full consideration described in this Settlement Agreement, SCR agrees Mar-Jac shall pay the Settlement Amount in United States dollars, and in immediately available funds. The Parties agree that the Settlement Amount is the only amount to pay a common fund be paid by Mar-Jac and shall be inclusive of Two Hundred Fifty Thousand Dollars and Zero Cents the Settlement Class recovery amounts, any service awards to Plaintiffs for the work Plaintiffs performed on behalf of the Settlement Class ($250,000.00) (the “Maximum Settlement Amount” or “MSAService Awards”) in full as awarded by the Court, fees (including attorneys’ fees and complete any other fees), and costs (including costs related to Class Notice and settlement of this matter, as follows:administration). A. a. The Maximum Settlement Amount shall be deposited with paid by Mar-Jac into the Escrow Account for the Settlement Administrator Fund established in two (2Section II(E)(1) installments as follows: (i) SCR shall make by wire transfer, pursuant to instructions from the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes Escrow Agent or Co-Lead Counsel, within thirty (30) calendar days of the date Date of Final Approval (which, for this purpose, Preliminary Approval. b. Each Class Member and each Releasing Party shall be defined as the date on which the Court enters an Order granting Final Approval, or look solely in the event that there are any objections to the settlementNet Settlement Fund for full and complete settlement and satisfaction by Mar-Jac and the Released Parties, as provided herein, of all Released Claims and shall not be entitled to any other payment or relief from the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions Released Parties. c. Except as provided by order of the Maximum Settlement Amount in an interest-bearing account for the benefit Court, no member of the Settlement Class until shall have any interest in the time for disbursement as called for in this Settlement Agreement. B. This is a non-reversionary settlementFund or any portion thereof. The Maximum Settlement Amount includes: (1) All payments to CIIPPs, members of the Settlement Class; (2) All fees , and expenses their counsel will be reimbursed solely out of the Settlement Administrator associated with Fund for all expenses including, but not limited to, attorneys’ fees and expenses, Service Awards, and the administration costs of notice of the settlement, which are anticipated Settlement Agreement to be no greater than Six Thousand Five Hundred Dollars and Zero Cents ($6,500.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition potential members of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In Mar-Jac and the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff other Released Parties shall not have the right to revoke the settlement be liable for that reasonany costs, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Thousand Three Hundred Thirty Three Dollars ($83,333.00)or expenses of any of CIIPPs’ and Co-Lead Counsel’s attorneys, plus up to Twenty Thousand Dollars and Zero Cents ($20,000.00) in verified experts, advisors, or representatives, but all such costs and expenses related to the Lawsuit as supported approved by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees as the “PAGA Amount.” C. Defendant’s share of payroll taxes shall be paid by Defendant separate and apart from out of the Maximum Settlement AmountFund.

Settlement Payment. In exchange for the releases set forth in this Settlement Agreement, SCR Kings Canyon agrees to pay a common fund of Two One Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00150,000.00) (the “Maximum Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator in two three (23) installments as follows: (i) SCR Defendant shall make the first installment payment of $50,000.00 40,000 within fifteen (15) days of the date of Preliminary Approval and Approval; (ii) SCR Defendant shall pay the remainder make an additional payment of the MSA and its share of payroll taxes $55,000 within thirty fifteen (3015) days of the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); and (iii) Defendant shall make the remaining payment of $55,000 within six (6) months of the date of Final Approval. The Settlement Administrator shall disburse Plaintiff’s Class Representative Enhancement Payment, Class Counsel’s litigation costs and expenses, and fifty percent (50%) of Class Counsel’s attorneys’ fees within fifteen (15) days of Final Approval. Disbursement of all other portions of the Maximum Settlement Amount, including the remaining fifty percent (50%) of Class Counsel's attorneys' fees, shall be made within fifteen (15) days of the final installment payment. The Settlement Administrator shall hold all portions of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement Agreement.. The maximum amount Kings Canyon can be required to pay under this Settlement Agreement for any purpose is the Maximum Settlement Amount with the sole possible exception being a pro rata increase under the Escalator Clause as further described in Section 3.D. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Four Thousand Nine Hundred Ninety-Five Hundred Dollars and Zero Cents ($6,500.004,995.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three Forty-Nine Thousand Three Nine Hundred Thirty Three Fifty Dollars and Zero Cents ($83,333.0049,950.00), plus up to Twenty Ten Thousand Dollars and Zero Cents ($20,000.0010,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Thousand Dollars and Zero Cents ($5,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, or Three Thousand Seven Hundred Fifty Dollars and Zero Cents ($3,750.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Thousand Two Hundred Fifty Dollars and Zero Cents ($1,250.00) will be payable to the Aggrieved Employees Settlement Class as the “PAGA Amount.” C. Defendant’s share of payroll taxes shall be paid by Defendant separate as part of the Maximum Settlement Amount. For clarity’s sake, the Parties considered Defendant’s share of Defendant’s payroll taxes when setting the Maximum Settlement Amount, and apart it is the intent of the Parties that the Third Party Administrator will effectuate payment of Defendant’s share of the payroll taxes from the Maximum Settlement Amount.

Settlement Payment. In exchange for the releases set forth in this Settlement Agreement, SCR agrees Defendants agree to pay a common fund of Two Five Hundred Fifty Seventy-Five Thousand Dollars and Zero Cents ($250,000.00575,000.00) (the “Maximum Settlement Amount” or “MSA”) in full and complete settlement of this matter, as follows: A. The Maximum Settlement Amount shall be deposited with the Settlement Administrator in two (2) installments as follows: (i) SCR shall make the first installment payment of $50,000.00 within fifteen (15) days of the date of Preliminary Approval and (ii) SCR shall pay the remainder of the MSA and its share of payroll taxes within thirty (30) days of the date of Final Approval (which, for this purpose, shall be defined as the date on which the Court enters an Order granting Final Approval, or solely in the event that there are any objections to the settlement, the filing of an objection being a prerequisite to the filing of an appeal, the later of: (i) the last date on which any appeal might be filed, or (ii) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review); The Settlement Administrator shall hold all portions of the Maximum Settlement Amount in an interest-bearing account for the benefit of the Settlement Class until the time for disbursement as called for in this Settlement Agreement. B. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments to the Settlement Class; (2) All fees and expenses of the Settlement Administrator associated with the administration of the settlement, which are anticipated to be no greater than Six Twelve Thousand Five Two Hundred Fifty Dollars and Zero Cents ($6,500.0012,250.00). (3) Up to Five Thousand Dollars and Zero Cents ($5,000.00) for Plaintiff’s Enhancement Payment, subject to Court approval, in recognition of Plaintiff’s general release of claims, contributions to the Lawsuit, and service to the Settlement Class. In the event that the Court reduces or does not approve the requested Enhancement Payment, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; (4) Up to one-third of the Maximum Settlement Amount in attorneys’ fees, which is currently estimated to be Eighty Three One Hundred Ninety-One Thousand Three Six Hundred Thirty Three Sixty-Six Dollars and Sixty-Seven Cents ($83,333.00191,666.67), plus up to Twenty Fifteen Thousand Dollars and Zero Cents ($20,000.0015,000.00) in verified costs and expenses related to the Lawsuit as supported by declaration. In the event that the Court reduces or does not approve Class Counsel’s requested fees and costs, the Settlement Agreement remains in full force and effect, Plaintiff shall not have the right to revoke the settlement for that reason, and it shall remain binding; and (5) Five Ten Thousand Dollars and Zero Cents ($5,000.0010,000.00) of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § 2699(i), seventy-five percent (75%) of such penalties, Three Seven Thousand Seven Five Hundred Fifty Dollars and Zero Cents ($3,750.007,500.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty-five percent (25%), or One Two Thousand Two Five Hundred Fifty Dollars and Zero Cents ($1,250.002,500.00) will be payable to the Aggrieved Employees as the “PAGA Amount.” C. Defendant’s Defendants’ share of payroll taxes shall be paid by Defendant Defendants separate and apart from the Maximum Settlement Amount.