2. Payment Obligations of Respondents

2.1. Within FIVE (5) Days after the date of issuance of the Commission decision adopting this Settlement, Respondents will execute the Fee Agreement. At such time, TS shall pay the Settlement Claims Administrator via wire transfer or in the form of a bank check and referencing I.00-01-018, the following amounts: (i) the sum of EIGHTY - EIGHT THOUSAND DOLLARS and NO CENTS ($ 88,000.00) for deposit into the Restitution Account; and (ii) the sum of SEVENTEEN THOUSAND DOLLARS and NO CENTS ($17,000.00) in remuneration for the Settlement Claims Administrator's services in processing, mailing, and/or accounting for the Restitution Checks to Eligible Consumers pursuant to this Settlement and the Settlement Claims Administration Plan. At such time also, the Companies shall pay via wire transfer or in the form of a bank check and referencing I.00-01-018, the following amounts to the following payees: (i) to the Commission, the amount of ONE HUNDRED THIRTY-SIX THOUSAND DOLLARS and NO CENTS ($136,00.00) as a payment in penalty for deposit into the General Fund of California; and (ii) to the Settlement Claims Administrator, the amount of SIXTY-FOUR THOUSAND DOLLARS and NO CENTS ($ 64,000.00) for deposit into the Restitution Account; the amount of TWENTY-TWO THOUSAND THREE HUNDRED SIXTY-ONE DOLLARS AND SEVENTY-FOUR CENTS ($22,361.74) for deposit into the Switching Fee Payment Account; and the amount of FOURTEEN THOUSAND FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($14,450.00) ) in remuneration for the Settlement Claims Administrator's services in processing, mailing, and/or accounting for the Switching Fee Payment Checks to Existing Customers pursuant to this Settlement and the Settlement Claims Administration Plan. The Settlement Claims Administrator shall serve as the fiduciary of the Eligible Consumers and the Existing Customers in establishing, managing, and controlling respectively the Restitution and the Switching Fee Payment Accounts.

2.2. Pursuant to the Fee Agreement, the Settlement Claims Administrator will invoice TS and the Companies for its services and return to TS and the Companies respectively the difference between the $ 17,000.00 and the $ 14,450.00 deposits and the actual costs incurred for delivery of the Restitution and the Switching Fee Payments. The Parties mutually agree that the Respondents shall have no duty or right to supervise or otherwise direct or control the Settlement Claims Administrator in performing its services. Further, CSD agrees not to hold the Respondents liable for any errors or omissions of the Settlement Claims Administrator.

2.3. Respondents agree that they waive any potential, residual, or current ownership, claim, interest, or title in or to any portion of the payments made pursuant to Paragraphs 2.1 through 2.2 above. This paragraph shall not apply if the Settlement is rescinded according to Paragraph 9.3 or in the case of Switching Fee Payments subject to
Paragraph 4.7.