THE PROPOSED SETTLEMENT Sample Clauses

THE PROPOSED SETTLEMENT. After extensive negotiations, the parties have agreed to settle the case. Under the proposed Settlement, a Common Fund to fund the Class Settlement, including all costs, attorneys’ fees or other payments, including but not limited to the costs of notice and administration, attorneys’ fees, litigation expenses and costs, and class representative compensation (the “Common Fund”) will be created by the Defendants in the amount of $ 12,550,000.00. This fund will be used to compensate class member for damages sustained as a result of the Water Main Break. If the Proposed Settlement is ultimately approved by the Court, it will provide cash payments and other relief to the Settlement Class. In return for the relief described below, the Settlement Class Members release their rights to pursue any claims against Defendants and related entities concerning or relating to the allegations raised in this Action. To receive a cash payment, Settlement Class Members must complete, sign, and submit a Claim Form ON OR BEFORE , 20 (the “Claim Period”). To obtain a Settlement Check, Settlement Class Members shall be required to timely (within the Claim Period) submit a Claim Form demonstrating by responses to questions concerning their qualification for a Settlement Check and signed under oath. The amount of the Settlement Check which shall be issued to qualifying Settlement Class Members who timely submit properly completed Claim Forms (“Participating Class Members”). Any claim in excess of $500 per Class member shall require back-up documentation as set forth on the claim form. A Copy of the Claim Form and Instructions is attached o this Notice as Exhibit . You may visit xxx.xxxxxxxxxxxxxxxxxxxxxxxx.xxx to file your claim online or obtain a claim form by calling 0-(000) XXX-XXXX. You can also obtain a Claim Form by letter request, enclosing a self-addressed, stamped envelope to the Water Main Break Settlement Administrator, P.O. Box . In addition to the Common Fun payment above, FPL also agrees to implement the following reasonable efforts to utilize the following preventative measures to avoid conflicts with existing underground facilities:
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THE PROPOSED SETTLEMENT. 37. Under the terms of the Settlement Agreement, the Settlement Parties have agreed that the Settlement Agreement shall become effective on the second Business Day following satisfaction of each of the following conditions: (i) each of the Settlement Parties shall have executed and delivered signed copies of the Settlement Agreement; (ii) the Dynegy Entity Joinder shall have been executed by each of the parties thereto; and (iii) the order approving the Settlement Agreement (such order, the proposed form of which is attached as Annex D to the Settlement Agreement and separately as Exhibit C to this Motion, the
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THE PROPOSED SETTLEMENT. Your attorneys and Tyson participated in extended settlement negotiations. As a result, the parties have reached a settlement of the claims. The settlement agreement was signed by attorneys for the Plaintiffs and by Tyson on October 31, 2012, and was approved by Judge Jarvey on November , 2012. The total amount of money to be paid to eligible class members participating in the settlement will be $270,977.12. You will receive a proportional share depending on how long you worked at Tyson’s Council Bluffs facility during the relevant time period and which types of jobs you worked, and also whether you worked over 40 hours in a week. The final settlement payments also will depend on how many members of the class respond to this notice. The settlement agreement separately provides for a $5,000 payment to the named Plaintiff, America Maxwell, up to $25,000 to be paid to the Settlement Administrator for its fees and costs, the reimbursement of Plaintiffs’ Counsel’s actual out-of-pocket costs expended on this litigation, which are currently estimated to be approximately $340,000, and approximately $309,000 in compensation to Plaintiffs’ attorneys for their attorneys’ fees. YOU MUST RETURN THE ENCLOSED DOCUMENTS TO RECEIVE A PAYMENT FROM THIS SETTLEMENT All Class Members: You must return the enclosed Claim Form to receive a payment from this settlement. Please fill out the form completely and accurately. Please provide your current address. Mail the completed Claim Form back to the Settlement Administrator in the enclosed, postage pre-paid envelope. If your Claim Form is not postmarked by [60 days after mailing], you will not receive a payment but your claims will still be released.
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THE PROPOSED SETTLEMENT. If the Court gives final approval to the settlement, Safe Streets will create a Settlement Fund of $1,500,000.00 which will be used to pay the Claims of Settlement Class Members, Settlement Class Counsel’s Fees, Costs, and Expenses Award (see Section 11 below), Plaintiffs’ Service Payments (see Section 12 below), and compensation for the Settlement Administrator for Administration Costs (see Section 13 below). If you are a Settlement Class Member, you are eligible to receive a pro rata share of the Settlement Fund, after the deduction of Settlement Class Counsel’s Fees, Costs, and Expenses Award, Plaintiffs’ Service Payments, and Administration Costs, by submitting a timely and valid Claim Form. The value of a Settlement Class Member’s individual award will depend upon the number of Authorized Claimants.
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THE PROPOSED SETTLEMENT. Without admitting any wrongdoing and to avoid litigating these claims, Defendants in the Action have agreed to pay $750,000.00 (“Settlement Fund”), which includes: (a) up to $187,000.00 for Plaintiff’s counsel for attorneys’ fees and costs;
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THE PROPOSED SETTLEMENT. On January 29, 2021, Plaintiffs filed a Class Action Complaint (ECF No. 1) against PCNA in the Northern District of Georgia under Case No. 1:21-CV-471- MHC. Plaintiffs’ Complaint alleged claims for trespass to personalty, violation of the Computer Fraud and Abuse Act (18 U.S.C.§ 1030), negligence, and unjust enrichment. Plaintiffs allege that the Porsche Communication Management (“PCM”) unit in certain Porsche vehicles entered into a continuous reboot loop. Plaintiffs asserted their claims on behalf of a putative nationwide class of entities and individuals who owned or leased a Porsche vehicle equipped with an XM radio antenna and PCM system that received an alleged “update” to their PCM on or about May 21, 2020.
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THE PROPOSED SETTLEMENT. Without admitting any fault or liability, and in exchange for a release of all claims against them, if the Settlement Agreement is finally approved, Defendants have agreed to fund a $1.5
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THE PROPOSED SETTLEMENT. The full documents related to the proposed settlement are viewable on the Union website including this newsletter. Go to xxx.xxxxxxxx.xxx.xx and then “Bargaining” on the home page. You are urged to read the full text before voting. The key points of the proposed settlement are; Term - The term of the new MECA has been agreed as one year from 1 July 2020 to 30 June 2021. Wage Increase - No general increase to wages and allowances. KiwiSaver – Employer Contribution - The employer contribution to KiwiSaver shall increase by 1%, from 3% to 4% and, where it applies to other superannuation schemes supported by the employer, from 4% to 5%. This Pass on (consistent with past practice) - KiwiRail accepts that there shall be no pass on of any financial gain on which agreement was settled, or any gain contained in this settlement or collective agreement, to any employee who is not a member of the Union and falls within the coverage clause of the collective agreement. Retirement Clause 26.21 (new Clause 26.23) - The clause to read as follows “Employees who retire at the age of eligibility for the guaranteed retirement income (GRI) or who retire earlier than the GRI eligibility age with the consent of the employer shall be entitled to paid retiring leave on the following scale:” Living Wage - All rates in the MECA which currently fall below the Living Wage ($22.10 per hour) will be raised to that level, effective from 1/9/2020. KiwiRail commits to continuing to make progress towards becoming a Living Wage accredited employer by extending the Living Wage principle to its contractors as soon as it is able. Loading Welded Rail at Hutt - A new allowance will be paid for loading welded rail at Hutt Workshops. Allowance shall be $2.50 per hour. Insert into the Infrastructure Schedule of the MECA – page 56: “Due to the unusual nature of the work involved in loading and/or unloading rail at the Woburn Rail Weld Facility, employees operating the overhead cranes at this worksite will be paid an allowance of $2.50 per hour while undertaking this activity, effective from date of ratification”. Any such work carried out between 1 July 2020 and the date of ratification will be compensated by a lump sum on production of such shifts worked. Flexiworker Allowance - Delete Clause 8 of the I&A Schedule of the MECA. The current Flexible Workers (as at the date of these Terms of Settlement) will be grandparented their existing conditions in Payroll on existing allowances. The names of the ...
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Related to THE PROPOSED SETTLEMENT

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

  • Compromise and Settlement No compromise, settlement, release, renewal, extension, indulgence, change in, waiver or modification of any of the Obligations or the release or discharge of Borrower from the performance of any of the Obligations shall release or discharge Guarantor from this Guaranty or the performance of the obligations hereunder.

  • Full Settlement; Mitigation The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

  • Defense and Settlement The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Institution with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before the Bank Closing Date. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Institution with respect to any of its obligations under this Agreement.

  • Defense; Settlement Indemnitee shall have the sole right and obligation to control the defense or conduct of any claim or Proceeding with respect to Indemnitee. The Company shall not, without the prior written consent of Indemnitee, which may be provided or withheld in Indemnitee’s sole discretion, effect any settlement of any Proceeding against Indemnitee or which could have been brought against Indemnitee or which potentially or actually imposes any cost, liability, exposure or burden on Indemnitee unless (i) such settlement solely involves the payment of money or performance of any obligation by persons other than Indemnitee and includes an unconditional release of Indemnitee by all relevant parties from all liability on any matters that are the subject of such Proceeding and an acknowledgment that Indemnitee denies all wrongdoing in connection with such matters and (ii) the Company has fully indemnified the Indemnitee with respect to, and held Indemnitee harmless from and against, all Expenses incurred by Indemnitee or on behalf of Indemnitee in connection with such Proceeding. The Company shall not be obligated to indemnify Indemnitee against amounts paid in settlement of a Proceeding against Indemnitee if such settlement is effected by Indemnitee without the Company’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned, unless such settlement solely involves the payment of money or performance of any obligation by persons other than the Company and includes an unconditional release of the Company by any party to such Proceeding other than the Indemnitee from all liability on any matters that are the subject of such Proceeding and an acknowledgment that the Company denies all wrongdoing in connection with such matters.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Staggered Settlement If upon advice of counsel with respect to applicable legal and regulatory requirements, including any requirements relating to Dealer’s commercially reasonable hedging activities hereunder, Dealer reasonably determines that it would not be practicable or advisable to deliver, or to acquire Shares to deliver, any or all of the Shares to be delivered by Dealer on any Settlement Date for the Transaction, Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows:

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