Common use of The Settlement Amount Clause in Contracts

The Settlement Amount. 24 a) In consideration of all of the promises and agreements set forth in this 25 Agreement, Safeway and Aon will each pay, or cause to be paid, the Settlement Amount 26 applicable to it, as specified in Section 1.46. None of the other Defendant Released Parties 27 shall have any obligation to contribute financially to this Settlement. It is understood and 28 agreed by the Parties that, by paying the Settlement Amount, Defendants do not agree with 1 or in any way admit, and shall not be deemed to agree with or in any way admit, any of 2 Plaintiffs’ or Class Counsel’s theories regarding Defendants’ liability in the Actions, 3 including that any of Defendants’ prior or existing actions or practices are in violation of any 4 federal or state laws, statutes, or regulations. Prior to the execution of this Agreement, 5 Plaintiffs will provide a completed W-9 and wire instructions and an address for the 6 institution where the Settlement Amount will be paid. 7 b) Safeway and Aon each shall pay, or cause to be paid, its portion of the 8 Settlement Amount as set forth in section 1.46 in two segments, and the total funding, in the 9 aggregate, together with any interest and investment earnings thereon, shall constitute the 10 “Settlement Fund.” First, Safeway shall pay, or cause to be paid, $200,000 of the Settlement 11 Amount and Aon shall pay, or cause to be paid, $10,000, with those amounts to be deposited 12 by wire transfer into the Escrow Account within fifteen (15) calendar days of the entry of 13 the Preliminary Approval Order to fund any Administration Costs and Independent 14 Fiduciary Fees and Costs that arise before the Court’s entry of the Final Approval Order and

The Settlement Amount. 24 (a) In consideration of all of the promises and agreements set forth in this 25 17 Agreement, Safeway and Aon the Company will each pay, or cause to be paid, pay the Settlement Amount 26 applicable to it, as specified in Section 1.46Amount. None of the other Defendant 18 Released Parties 27 shall have any obligation to contribute financially to this Settlement. It is 19 understood and 28 agreed by the Parties that, that by paying the Settlement Amount, Defendants 20 do not agree with 1 or in any way admit, and shall not be deemed to agree with or in any 21 way admit, any theories of 2 Plaintiffs’ Plaintiffs or Class Counsel’s theories Counsel regarding Defendants’ liability in 22 the ActionsAction, 3 including including, without limitation, that any of Defendants’ prior or existing actions or 23 practices are in violation of violates any 4 federal or state laws, statutes, or regulations. Prior to the execution of this Agreement, 5 Plaintiffs will provide a completed W-9 and wire instructions and an address for the 6 institution where 24 (b) The Company shall pay the Settlement Amount will be paid. 7 b) Safeway and Aon each shall pay, or cause to be paid, its portion of the 8 Settlement Amount as set forth in section 1.46 in two segments, and the total this 25 funding, in the 9 aggregate, together with any interest and investment earnings thereon, shall 26 constitute the 10 “Settlement Fund.” First, Safeway the Company shall pay, or cause to be paid, seventy-five thousand 27 dollars ($200,000 75,000) of the Settlement 11 Amount and Aon shall pay, or cause to be paid, $10,000, with those amounts to be deposited 12 by wire transfer into the 28 Escrow Account within fifteen (15) calendar days of the entry of the Preliminary 1 Approval Order to fund any Administration Costs and Independent Fiduciary Fees and 2 Costs that arise before the Court’s entry of the Final Approval Order and Judgment. 3 Second, the Company shall cause the remaining portion of the Settlement Amount to be 4 deposited by wire transfer into the Escrow Account within fifteen (15) calendar days of the entry of 13 the Preliminary Approval Order to fund any Administration Costs and Independent 14 Fiduciary Fees and Costs that arise before 5 following the Court’s entry of the Final Approval Order andand Judgment, subject to the 6 provisions of Section 9.5.