IN THE UNITED STATES DISTRICT COURT FOR ... - Cleveland.com

tax identification number, and shall be subject to deductions for applicable taxes and
withholdings as required by federal, state and local law. Based on the request and
representations of Plaintiffs’ Counsel, up to 16.66% of the Total Settlement Amount shall be
considered attorneys’ fees (the exact amount to be determined pursuant to this Agreement) and
reported on behalf of Plaintiffs’ Counsel to the Taxing Authorities on a Form 1099 issued to
Plaintiffs’ Counsel with the tax identification number of Plaintiffs’ Counsel. In the event that it
is subsequently determined by any Taxing Authority that any participant owes any additional
taxes, interest, and/or penalties with respect to any money distributed under this Agreement, it is
expressly agreed that the determination of any tax liability is between the participant and the
Taxing Authority, and that Defendants and Directors will not be responsible for the payment of
such taxes, including any interest and/or penalties thereon.
H. Employer Payments. The Settlement Administrator will pay the employer
share of FICA, Medicare, FUTA and state unemployment insurance, which will be funded by the
Directors.
4. Non-Admission of Liability. Defendants and Directors deny the allegations and
claims asserted in the Lawsuit and the Related Lawsuit. The Parties understand and agree that
this Agreement is a release of disputed claims and does not constitute an admission of liability on
the part of Defendants and/or Directors. The Parties enter into this Agreement to avoid all
further litigation and to compromise and resolve forever the matters that comprise both the
Lawsuit and the Related Lawsuit, as well as all other matters released herein.
5. Non-Admission of Class Liability. The Parties and Directors agree that this
Agreement does not constitute, shall not be construed to be, and shall not be cited in or be
admissible in any proceeding as evidence of: (a) a determination or admission that any group of
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