Plaintiff’s Service Award. Defendant will not oppose Plaintiff’s request for a service award totaling $5,000.00 for his service to the State of California and the Aggrieved Employees and Reimbursement Aggrieved Employees and the risk Plaintiff undertook by attaching his names to this Action. In the event the Court approves a payment of less than the requested amount, the difference will be added to the Net Settlement Amount. The Settlement Administrator will report this payment on IRS Form 1099 issued to Plaintiff.
Plaintiff’s Service Award. In addition to the claim amount determined to be due and owing to the Plaintiff, Defendant agrees to pay, within twenty (20) business days after the Effective Date, a Service Award to the Plaintiff in the amount of ten thousand dollars ($10,000.00) or such other amount as the Court approves, for prosecuting the Action, taking the risk of serving as the class representative, providing factual information and documentation necessary to the prosecution of the Action, providing the General Release, maintaining contact with Class Counsel, and other participation necessary to the prosecution of the Action. In advance of the Final Fairness Hearing, Class Counsel will request that the Court approve such Service Award of ten thousand dollars ($10,000.00) to the Plaintiff. Defendant agrees not to oppose such request. Plaintiff will be solely responsible for correctly characterizing the Service Award for tax purposes and is solely responsible for any taxes owing on said amount. Plaintiff agrees to assume responsibility of remitting to the Internal Revenue Service and any other taxing authority the amounts required by law, if any, to be withheld by Defendant from the Service Award. In addition, Plaintiff shall hold Defendant harmless and indemnify Defendant and the Released Parties for all taxes, interest, penalties, and costs incurred by Defendant and/or the Released Parties by reason of any bona fide or valid claims relating to their non-withholding of taxes from the Service Award.
