The Total Settlement Amount. 4.1 Defendant shall pay Fifteen Million Three H undred Sixty Thousand Dollars ($15,360,000.00) to settle and satisfy the claims in the Civil Action (“Total Settlement Amount”). The Total Settlement Amount shall be divided as follows provided the Court finally approves the Settlement:
The Total Settlement Amount. The Total Settlement Amount is $1,150,000 (One Million 2 One Hundred Fifty Thousand Dollars and Zero Cents). In the event that there are 294,474 or more shifts 3 worked by Class Members as of the hearing on Plaintiff’s Motion for Preliminary Approval, then Plaintiff 5 Settlement Amount. In no event may the Parties or the Court be required to increase the Total Settlement 6 Amount if the total number of Class Member is less than 294,474. The Total Settlement Amount includes 7 all Individual Settlement Payments, any Service Award, the Class Counsel Award, and Administrative 8 Costs, but excludes the employer’s share of payroll taxes on any Individual Settlement Payments 9 constituting wages, which shall be paid by Defendant on top of and in addition to the Total Settlement 10 Amount. Defendant has advised that the total number of Class Members is less than 4,000.
The Total Settlement Amount. Defendant shall pay a total of up to seven hundred and thirty thousand dollars ($730,000), inclusive of Attorney's Fees and Expenses, Administration Costs, Case Contribution Fees, payments to members of the Settlement Class who submit timely and valid claims, and any other fees or costs identified herein ("Total Settlement Amount").
The Total Settlement Amount. (a) Defendants shall pay Six Million Two Hundred Thousand Dollars and Zero Cents ($6,200,000.00) to settle and to satisfy the Released Claims in the Civil Action (“Total Settlement Amount”). Upon payment of the Total Settlement Amount, subject to the requirements of Section 4.1(b), Merck will have no further monetary obligation pursuant to this Settlement and Merck shall have no further responsibility or obligation to make any additional payments pursuant to this Settlement, including with respect to attorneys’ fees and costs. The Total Settlement Amount shall be allocated for the Class Member Awards, described in more detail in Sections 4.2 and 5.1, attorneys’ fees and costs, described in more detail in Section 7.2, Settlement Administrator’s fees and costs, Service Awards, described in more detail in Section 6.1, and all other expenses associated with effectuating this Agreement, if any.
