Brian David Nelson and Shauna Lee Nelson - Page 5




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              (8) The individual’s claim is then totaled.                             
              (9) The remaining portion of the settlement, that is,                   
              the total settlement minus the amount allocated for                     
              participation and back wages is apportioned in the same                 
              ratio as that of each individual’s calculated back                      
              wages to the total of the calculated back wages for the                 
         class.                                                                       
              (10) The sum of the participation allocation, the back                  
              wages allocation and the liquidated damages allocation                  
              equals each individual’s “Total Recovery.”                              
              (11) From the individual’s total recovery the                           
              contractual attorney fee is then subtracted.                            
              (12) Each individual is then allocated a share of the                   
              costs of the litigation based on the same ratio as that                 
              person’s total recovery to the total settlement                         
              proceeds.  That share of the costs is then subtracted.                  
              (13) This leaves each individual with a Net Cash                        
              Recovery.                                                               
              The settlement allocation was approved by the court on                  
         January 20, 1995.  On January 21, 1995, the plaintiffs entered               
         into a Settlement Agreement and Release (settlement agreement)               
         executed by PayLess and the class representatives and approved by            
         the court.  The release states the following:                                
              3.  Release of PayLess by the petitioner.                               
                   In exchange for the payment of the amount set                      
              forth in paragraph 7 below, . . . Plaintiffs . . .                      
              hereby release and discharge PayLess . . . from all                     
              actions, claims, or demands for damages, liabilities,                   
              costs, or expenses, which the Plaintiffs, individually                  
              or collectively, have against PayLess on account of, or                 
              in any way arising out of the claims that were asserted                 
              or that could have been asserted in the Lawsuit by the                  
              Plaintiffs, which Lawsuit is hereby acknowledged as not                 
              fully plead [sic], further including, but not limited                   
              to, claims for personal injuries, intentional                           
              infliction of emotional distress, negligent infliction                  





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