Settlement Payment Terms and Conditions Clause Samples

Settlement Payment Terms and Conditions. For settlement purposes only, Papa South consents to conditional collective action certification under the FLSA, 29 U.S.C. §§ 201, et seq., and to certification of an opt-out class under Fed. R. Civ. P. 23 (“Rule 23”), each being comprised of persons who are Settlement Class Members. The Parties agree these certifications are for settlement purposes only and are not admissions by Papa South that either FLSA conditional collective action certification or Rule 23 class certification would be proper absent this Settlement. For purposes of settling this lawsuit, the Parties stipulate and agree the requisites for establishing both FLSA conditional collective action certification and Rule 23 class certification with respect to the Settlement Class Members have been, and are, met. If this Settlement Agreement, and the Settlement it memorializes, are not finally approved by the Court, or if any appeal contemplated by Paragraph 18 of this Settlement Agreement materially changes the terms of this Settlement Agreement, Papa South’s consent to certify a collective action and a class action shall be withdrawn.
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Settlement Payment Terms and Conditions. A Class Member who timely submits a valid and complete Claim Form and elects to receive a Settlement Payment will be entitled to a pro rata share of any amounts paid into the Common Fund on a per-bottle basis, net of any attorneys’ fees, costs, expenses, or any other claims or administration expenses associated with administering the Settlement, until the entirety of the Common Fund is exhausted. Class Members will be permitted to submit claims for reimbursement of up to 10 bottles of Feel Free Wellness Tonic purchased within the Class Period without proof of purchase. Class Members will be permitted to submit reimbursement of greater than 10 bottles of Feel Free Wellness Tonic purchased within the Class Period upon submission of proof of purchase for each bottle purchase claimed. Class Members shall have a maximum of 120 days to submit a claim with proof of purchase(s) from the date the first notice is disseminated.
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Related to Settlement Payment Terms and Conditions

  • SETTLEMENT TERMS AND CONDITIONS Without admitting or denying the Department’s findings, RBI is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. RBI agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General Regulations of the Banking Board; and b. ensuring that its advertisements do not mislead consumers as to the identity of the party offering credit; and c. clearly identifying itself by name and an approved office address located in New York in any advertisement targeted to New York consumers; and d. ensuring that its advertisements do not mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and e. ensuring that it will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict or modify the principal message of its advertisements, and will disclose clearly, and conspicuously all material information. 2. RBI agrees to develop appropriate written advertisement policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters; and (ii) establish a training program to ensure that RBI and its employees involved in preparing or approving advertisements understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 3. Within ninety (90) days from the effective date of this Agreement, RBI agrees to submit a draft of its advertisement policies and procedures to the Department. 4. Within one hundred twenty (120) days from the effective date of this Agreement, RBI agrees to submit a copy of its final advertisement policies and procedures to the Department together with a letter from an authorized officer of RBI indicating his/her approval of such policies and procedures. 5. RBI further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 6. RBI agrees to pay a fine of $ 7,500 payable in ten (10) equal monthly installments as follows: $750 upon execution of this Agreement, and $750 each on or before the 15th day of each consecutive month for the following nine (9) months. 7. RBI further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.

  • Payment Terms and Conditions 67.6.1 CLEC shall pay a Transit Service Charge as set forth in Table 1 for any Transit Traffic routed to CenturyLink by CLEC. 67.6.2 CLEC shall be responsible for payment of Transit Service charges on Transit Traffic routed to CenturyLink by CLEC and for any charges assessed by the terminating carrier. CLEC agrees to enter into traffic exchange agreements with third-parties prior to routing any Transit Traffic to CenturyLink for delivery to such third parties, and CLEC will indemnify, defend and hold harmless the Transit Service provider against any and all charges levied by such third-party terminating carrier with respect to Transit Traffic, including but not limited to, termination charges related to such traffic and attorneys’ fees and expenses.

  • Settlement Terms In respect of any Component:

  • CONTRACT TERMS AND CONDITIONS This section sets forth the terms and conditions of the Contract.

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.