Common use of Maximum Settlement Amount Clause in Contracts

Maximum Settlement Amount. As consideration, Defendant agrees to pay a “Maximum Settlement Amount” of Four Million Dollars and Zero Cents ($4,000,000.00) in full and complete settlement of the Action, as follows: A. The Parties have agreed to engage CPT Group, Inc. as the “Settlement Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Settlement Administrator within fifteen (15) business days 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. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Settlement Administrator and settlement administration, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($10,000.00); (3) Up to Ten Thousand Dollars and Zero Cents ($10,000.00) for Plaintiff’s Class Representative Service Award, in recognition of Plaintiff’s contributions to the Action and his service to the Settlement Class. Even if the Court reduces or does not approve the requested Class Representative Service Award, Plaintiff shall not have the right to revoke this Settlement Agreement, and it will remain binding; (4) Up to twenty-five percent (25%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees ($1,000,000.00), plus actual costs and expenses incurred by Class Counsel related to the Action as supported by declaration, which are currently estimated to be no greater than Four- Thousand Dollars and Zero Cents ($4,000.00). If the Court reduces or does not approve the requested Class Counsel attorneys’ fees or costs, Class Counsel shall not have the right to revoke this Settlement Agreement, and it will remain binding; and (5) Twenty Dollars and Zero Cents ($20,000.00) 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 Fifteen Thousand Dollars and Zero Cents ($15,000.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00), will be payable to certain Settlement Class members as the “PAGA Amount,” as described below.

Maximum Settlement Amount. As consideration, Defendant agrees agree to pay a non- reversionary maximum amount (“Maximum Settlement Amount” ”) of Four Million Dollars and Zero Cents ($4,000,000.00) 350,000.00 in full and complete settlement of the Actionthis matter, as follows: A. The Parties have agreed to engage CPT Group, Inc. Phoenix Class Action Administration Solutions as the “Settlement Claims Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Settlement Claims Administrator within fifteen (15) business 30 days of Final Approval (which, for the Court’s final approval of 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.Settlement; C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Settlement Claims Administrator and settlement administrationassociated with the administration of the Settlement, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($10,000.00)7,000.00; (3) Up to Ten Thousand Dollars and Zero Cents ($10,000.00) 10,000.00 for Plaintiffthe Class Representative’s Class Representative Service Award, Enhancement Payment in recognition of Plaintiff’s contributions to the Action Lawsuit and his service to the Settlement Class. Even if In the event that the Court reduces or does not approve the requested Class Representative Service AwardRepresentatives Enhancement Payment, the difference between $10,000.00 and the amount approved by the Court will revert to the Net Settlement Amount, defined below, and Plaintiff shall not have the right to revoke this Settlement Agreement, and it will remain binding; (4) Up to twentyone-five percent third (2533.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees (fees, which is currently estimated at $1,000,000.00)116,666.66, plus actual costs and expenses incurred by Class Counsel related to the Action Lawsuit, which are not to exceed $20,000.00, as supported by declaration, which are currently estimated to be no greater than Four- Thousand Dollars and Zero Cents ($4,000.00). If In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees or and costs, Class Counsel the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiff shall not have the right to revoke this Settlement AgreementSettlement, and it will remain binding; and; (5) Twenty Dollars and Zero Cents ($20,000.00) 20,000.00 of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § Section 2699(i), seventy-five percent (75%) % of such penalties, or Fifteen Thousand Dollars and Zero Cents ($15,000.00) , will be payable to the California Labor & Workforce Development Agency (“LWDA”)) for its share of PAGA penalties, and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00), will be payable to certain the eligible members of the Settlement Class members as the “PAGA Amount,” .” D. Defendant shall pay the standard employer share of payroll taxes on all wages paid as described belowpart of this Settlement separate and apart from the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreement, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to the Maximum Settlement Amount payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amount provided for in Paragraph 3 pursuant to the Claims Administrator’s instructions. In the event of an unsuccessful electronic transfer of funds, the Parties agree to cooperate in good faith to resolve the issues.

Maximum Settlement Amount. As consideration, Defendant agrees to pay a “non- reversionary Maximum Settlement Amount” of Four Million Dollars and Zero Cents ($4,000,000.00) 200,000.00 in full and complete settlement of the Actionthis matter, as follows: A. The Parties have agreed agree to engage CPT Group, Inc. as ILYM the “Settlement Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Settlement Administrator within fifteen as follows: (151) business $100,000 deposited the later of thirty days following Final Approval, or February 2, 2022, and (2) $100,000 deposited six months from 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. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Settlement Administrator and settlement administrationassociated with the administration of the Settlement, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($10,000.00). In the event the costs of Settlement Administration come in under $10,000.00, the difference will be added to the Net Settlement Amount; (3) Up to Ten Thousand Dollars and Zero Cents ($10,000.00) 10,000.00 for Plaintiff’s the Class Representative Service Award, Enhancement Payment to each Plaintiff in recognition of Plaintiff’s each contributions to the Action action and his Plaintiffs service to the Settlement Class. Even if in the event that the Court reduces or does not approve the requested Class Representative Service AwardEnhancement Payment, Plaintiff Plaintiffs and Settlement Class Members shall not have the right to revoke the Settlement for that reason, and it will remain binding. The Class Representative Enhancement Payments are in addition to the Class . In the event the Court reduces the Class Representative Enhancement Awards, the difference will be added to the Net Settlement Amount; (4) Up to one-third of the Maximum which is currently estimated at $66,666.67 plus actual costs and expenses related to the action, which are not to exceed $15,000.00, as supported by declaration. Even in the event that the Court reduces the requested Plaintiffs and Settlement Class Members shall not have the right to revoke this Settlement Agreementfor that reason, and it will remain binding; (4) Up to twenty-five percent (25%) of . In the Maximum Settlement Amount in Class Counsel’s attorneys’ fees ($1,000,000.00)event the costs, plus actual costs and expenses incurred by Class Counsel related the difference will be added to the Action as supported by declaration, which are currently estimated to be no greater than Four- Thousand Dollars and Zero Cents ($4,000.00). If the Court reduces or does not approve the requested Class Counsel attorneys’ fees or costs, Class Counsel shall not have the right to revoke this Net Settlement Agreement, and it will remain bindingAmount; and (5) Twenty Dollars and Zero Cents ($20,000.00) 20,000 of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § section 2699(i), seventy-five percent (75%) % of such penalties, or Fifteen Thousand Dollars and Zero Cents ($15,000.00) 15,000, will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00)5,000, will be payable pro rata to certain Settlement Class members Members who worked during the PAGA Period as t based on their total pay periods worked during the “PAGA Amount,” Period. The PAGA Period is defined as described belowAugust 6, 2019 through the earlier of the date of preliminary approval or August 2, 2021. Even if the Court reduces or increases the requested PAGA civil penalties, Plaintiffs and Settlement Class Members shall not have the right to revoke this Settlement for that reason, and it will remain binding.

Maximum Settlement Amount. As consideration, Defendant agrees to pay a non- reversionary “Maximum Settlement Amount” of Four Million Dollars and Zero Cents ($4,000,000.00) 900,000.00 in full and complete settlement of the Action, as follows: A. The Parties have agreed to engage CPT Group, Inc. Phoenix Settlement Administrators as the “Settlement Administrator” to administer this Settlement. B. The Defendant will fund the Maximum Settlement Amount shall be deposited with the Settlement Administrator within fifteen (15) business 30 calendar days of Final Approval (which, for this purpose, shall be defined as the date on which after the Court enters signs an Order order granting Final Approval) or, solely in final approval of 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 reviewSettlement. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement ClassClass members; (2) All costs of the Settlement Administrator and settlement administration, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($10,000.00); (3) Up to Ten Thousand Dollars and Zero Cents ($10,000.00) 5,000.00 for Plaintiff’s Class Representative Service Award, Enhancement Payment in recognition of for Plaintiff’s contributions to the Action and his Plaintiff’s service to the Settlement Class. Even if In the event that the Court reduces or does not approve the requested Class Representative Service AwardEnhancement Payment, Plaintiff shall not have the right to revoke this the Settlement AgreementAgreement for that reason, and it the Settlement will remain binding; (4) Up to twentyone-five percent third (2533.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees (currently estimated at $1,000,000.00300,000.00), plus actual costs and expenses incurred by Class Counsel related to the Action as supported by declaration, which are currently estimated to be no greater than Four- Thousand Dollars and Zero Cents ($4,000.00)25,000.00. If In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees or costs, Class Counsel shall not have the right to revoke this the Settlement AgreementAgreement based on that reason, and it the Settlement will remain binding; and (5) Twenty Dollars and Zero Cents ($20,000.00) 50,000.00 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 Fifteen Thousand Dollars and Zero Cents ($15,000.00) 37,500.00, will be payable to the California Labor & Workforce Development Agency (“LWDA”), and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00)12,500.00, will be payable to certain the Settlement Class members as the “PAGA Amount,” as described below. D. Any reduction by the Court of these requests will revert to the Net Settlement Amount for distribution to the Settlement Class members who do not opt-out.

Maximum Settlement Amount. As consideration, Defendant agrees to pay a non- reversionary “Maximum Settlement Amount” of Four Million Three Hundred Twenty-Five Thousand Dollars and Zero Cents ($4,000,000.00325,000.00) in full and complete settlement of the Action, as follows: A. The Parties have agreed to engage CPT Group, Inc. Phoenix Settlement Administrators as the “Settlement Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited paid by Defendant as follows: Defendant shall deposit a first installment of $162,500.00 with the Settlement Administrator within fifteen (1530) business days of Final Approval (which, for this purpose, final approval of the settlement. Defendant shall be defined as deposit a second installment of $162,500.00 with the date on which Settlement Administrator within six months of final approval of 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 reviewsettlement. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement ClassClass members; (2) All costs of the Settlement Administrator and settlement administration, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($10,000.00); (3) Up to Ten Seven Thousand Five Hundred Dollars and Zero Cents ($10,000.007,500.00) for Plaintiff’s Class Representative Service Award, Enhancement Payment in recognition of for Plaintiff’s contributions to the Action and his Plaintiff’s service to the Settlement Class. Even if In the event that the Court reduces or does not approve the requested Class Representative Service AwardEnhancement Payment, Plaintiff shall not have the right to revoke this the Settlement AgreementAgreement for that reason, and it the Settlement will remain binding; (4) Up to twentyone-five percent (25%) third of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees (currently estimated at $1,000,000.00108,333.33), plus actual costs and expenses incurred by Class Counsel related to the Action as supported by declaration, which are currently estimated to be no greater than Four- Twenty- Five Thousand Dollars and Zero Cents ($4,000.0025,000.00). If In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees or costs, Class Counsel shall not have the right to revoke this the Settlement AgreementAgreement based on that reason, and it the Settlement will remain binding; and (5) Twenty Thousand Dollars and Zero Cents ($20,000.00) 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 Fifteen Thousand Dollars and Zero Cents ($15,000.00) ), will be payable to the California Labor & Workforce Development Agency (“LWDA”), and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00), will be payable to certain the Settlement Class members as the “PAGA Amount,” as described below. D. Any reduction by the Court of these requests will revert to the Net Settlement Amount for distribution to the Settlement Class members who do not opt-out.

Maximum Settlement Amount. As consideration, Defendant agrees Defendants agree to pay a non- reversionary “Maximum Settlement Amount” of Four Million Three Hundred Sixty-Two Thousand Five Hundred Dollars and Zero Cents ($4,000,000.00362,500.00) in full and complete settlement of the Action, as follows: A. The Parties have agreed to engage CPT Group, Inc. Phoenix Settlement Administrators as the “Settlement Administrator” to administer this Settlement. B. The Defendants will fund the Maximum Settlement Amount within thirty (30) calendar days after the Effective Date, which shall be deposited with the Settlement Administrator within fifteen and held in an established Qualified Settlement Fund (15) business days 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“QSF”), 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. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement ClassClass members; (2) All costs of the Settlement Administrator and settlement administration, which are anticipated to be no greater than Ten Twelve Thousand Dollars and Zero Cents ($10,000.0012,000.00); (3) Up to Ten Five Thousand Dollars and Zero Cents ($10,000.005,000.00) for Plaintiff’s Class Representative Service Award, Enhancement Payment in recognition of for Plaintiff’s general release of claims, contributions to the Action Action, and his Plaintiff’s service to the Settlement Class. Even if In the event that the Court reduces or does not approve the requested Class Representative Service AwardEnhancement Payment, Plaintiff shall not have the right to revoke this the Settlement AgreementAgreement for that reason, and it the Settlement Agreement will remain binding; (4) Up to twentyone-five percent third (2533.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees (currently estimated at $1,000,000.00120,833.33), plus actual verified costs and expenses incurred by Class Counsel related to the Action as supported by declaration, which are currently estimated to be no greater than Four- Fifteen Thousand Dollars and Zero Cents ($4,000.0015,000.00). If In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees or costs, Class Counsel shall not have the right to revoke this the Settlement AgreementAgreement based on that reason, and it the Settlement Agreement will remain binding; and (5) Twenty Thousand Dollars and Zero Cents ($20,000.00) 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 Fifteen Thousand Dollars and Zero Cents ($15,000.00) ), will be payable to the California Labor & Workforce Development Agency (“LWDA”), and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00), will be payable to certain the Settlement Class members as the “PAGA Amount,” as described below. D. Defendants will not oppose the reasonableness of these requests. Any reduction by the Court of these requests will revert to the Net Settlement Amount for distribution to the Settlement Class members who do not opt-out.

Maximum Settlement Amount. As consideration, Defendant agrees to pay a non- reversionary maximum amount (“Maximum Settlement Amount” ”) of Four Two Million Eight Hundred Fifty Thousand Dollars and Zero Cents ($4,000,000.002,850,000.00) in full and complete settlement of the Actionthis matter, as follows: A. The Parties have agreed to engage CPT Group, Inc. Phoenix Settlement Administrators as the “Settlement Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Settlement Administrator within fifteen into an interest-bearing Qualified Settlement Fund (15“QSF”) for the benefit of the Settlement Class members .by the earlier of: (i) five (5) business days of Final Approval the Effective Date; or (whichii) by December 31, for this purpose, 2022. The term “Effective Date” 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: (i1) the last date on which any appeal might be filed or (ii2) the successful resolution of any appeal(s) – including expiration of any time to seek reconsideration or further review. In the event that the Settlement Agreement is not granted Final Approval, or does not become final, any funds deposited into the QSF by Defendant shall be returned within fifteen (15) days of a Court Order or other decision denying final approval of the Settlement Agreement. C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Settlement Administrator and settlement administration, which are anticipated to be no greater than Ten Forty Thousand Dollars and Zero Cents ($10,000.0040,000.00); (3) Up to Ten Seven Thousand Five Hundred Dollars and Zero Cents ($10,000.007,500.00) for Plaintiff’s 's Class Representative Service Award, Award in recognition of Plaintiff’s 's contributions to the Action and his service services to the Settlement Class. Even if In the event that the Court reduces or does not approve the requested Class Representative Service Award, Plaintiff shall not have the right to revoke this Settlement Agreementsettlement, and it will remain binding; (4) Up to twentyone-five percent (25%) third of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees ($1,000,000.00)' fees, plus actual costs and expenses incurred by Class Counsel related to the Action as supported by declaration, which are currently estimated not to be no greater than Four- exceed Thirty Thousand Dollars and Zero Cents ($4,000.0030,000.00). If In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees or Award and costs, Class Counsel Plaintiff's counsel shall not have the right to revoke this Settlement Agreementsettlement, and it will remain binding; and (5) Twenty One Hundred Thousand Dollars and Zero Cents ($20,000.00100,000.00) 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 Fifteen Seventy-Five Thousand Dollars and Zero Cents ($15,000.0075,000.00) will be payable to the Labor & Workforce Development Agency (“LWDA”), and the remaining twenty- twenty-five percent (25%), or Twenty-Five Thousand Dollars and Zero Cents ($5,000.0025,000.00), will be payable to certain Settlement Class members as the “PAGA Amount,” as described below. ▇. ▇▇▇▇▇▇▇▇▇'s share of employer payroll taxes shall be paid by Defendant separately from, and in addition to, the Maximum Settlement Amount.

Maximum Settlement Amount. As consideration, Defendant agrees agree to pay a non- reversionary maximum amount (“Maximum Settlement Amount” ”) of Four Million Dollars and Zero Cents ($4,000,000.00) 1,000,000.00 in full and complete settlement of the Actionthis matter, as follows: A. The Parties have agreed to engage CPT Group, Group Inc. as the “Settlement Claims Administrator” to administer this Settlement. B. The Maximum Settlement Amount shall be deposited with the Settlement Claims Administrator in up to three equal installments, as follows: (1) The first installment payment in the amount of $333,333.34 shall be deposited with the Claims Administrator within fifteen (15) business 30 days of Final Approval the Court’s final approval of this Settlement; (which, for this purpose, 2) The second installment payment in the amount of $333,333.33 shall be defined as deposited with the date on which the Court enters an Order granting Final ApprovalClaims Administrator by January 1, 2023; (3) or, solely The third installment payment in the event that there are any objections to amount of $333,333.33 shall be deposited with the settlement (the filing of an objection being a prerequisite to the filing of an appeal)Claims Administrator by January 1, 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.2024; C. This is a non-reversionary settlement. The Maximum Settlement Amount includes: (1) All payments (including interest) to the Settlement Class; (2) All costs of the Settlement Claims Administrator and settlement administrationassociated with the administration of the Settlement, which are anticipated to be no greater than Ten Thousand Dollars and Zero Cents ($10,000.00)29,000.00; (3) Up to Ten Thousand Dollars and Zero Cents $10,00.00 for each Class Representative’s Enhancement Payment (total up to $10,000.0020,000.00) for Plaintiff’s Class Representative Service Award, in recognition of Plaintiff’s Plaintiffs’ contributions to the Action Lawsuit and his their service to the Settlement Class. Even if In the event that the Court reduces or does not approve the requested Class Representative Service AwardRepresentatives Enhancement Payment, Plaintiff the difference between $10,000.00 and the amount approved by the court will revert to the Net Settlement Amount, defined below, and Plaintiffs shall not have the right to revoke this Settlement Agreement, and it will remain binding; (4) Up to twentythirty-five three and one-third percent (2533.33%) of the Maximum Settlement Amount in Class Counsel’s attorneys’ fees (fees, which is currently estimated at $1,000,000.00)333,333.33, plus actual costs and expenses incurred by Class Counsel related to the Action Lawsuit, which are not to exceed $30,000.00, as supported by declaration, which are currently estimated to be no greater than Four- Thousand Dollars and Zero Cents ($4,000.00). If In the event that the Court reduces or does not approve the requested Class Counsel attorneys’ fees or and costs, Class Counsel the difference between the requested and the amount approved by the court will revert to the Net Settlement Amount, and Plaintiffs shall not have the right to revoke this Settlement AgreementSettlement, and it will remain binding; and; (5) Twenty Dollars and Zero Cents ($20,000.00) 100,000.00 of the Maximum Settlement Amount has been set aside by the Parties as PAGA civil penalties. Per Labor Code § Section 2699(i), seventy-five percent (75%) % of such penalties, or Fifteen Thousand Dollars and Zero Cents ($15,000.00) 75,000.00, will be payable to the California Labor & Workforce Development Agency (“LWDA”)) for its share of PAGA penalties, and the remaining twenty- five percent (25%), or Five Thousand Dollars and Zero Cents ($5,000.00)25,000.00, will be payable to certain the eligible members of the Settlement Class members as the “PAGA Amount,” .” D. Defendant shall pay the standard company share of payroll taxes on all wages paid as described below.part of this Settlement separate and apart from the Maximum Settlement Amount. The Claims Administrator shall be responsible for calculating and submitting Defendant’s share of payroll taxes after advising Defendant of the amount owed. Defendant shall deposit its share of payroll taxes within 14 calendar days following the deposit of the Maximum Settlement Amount, including the third and final installment payment, with the Claims Administrator. Except for the Defendant’s share of payroll taxes as provided in this Settlement Agreement, and as provided for in the Escalator Clause set forth in Paragraph 3.E, under no circumstances shall Defendant be required to pay more than the Maximum Settlement Amount. Defendant’s payment obligations with respect to each installment payment made pursuant to this Settlement Agreement are satisfied upon the successful electronic transfer of funds in the amounts provided for in Paragraph