Cy Pres. 15.6.1 In the event that any portion of a State Specific Fund has not been distributed as provided for by this Agreement after a period of four hundred (400) days has elapsed from the date on which settlement checks are mailed by the Claims Administrator, then such remaining amounts shall be used first to pay any otherwise valid claims against that State Specific Fund that were excluded from the Class Monetary Distribution through error or omission of the Claims Administrator. If, after such further actions, Gift Cards or funds that were available to be distributed through Gift Cards still have not been distributed, Kmart may cancel half the total value of such remaining Gift Cards or amount available to be distributed through Gift Cards and shall release half the amount remaining in the Gift Card Fund attributable to the relevant State Specific Fund. Any further balance remaining in such State Specific Fund, including all remaining cash and the other half of the Gift Cards (by value), shall be paid as follows: 15.6.1.1 Remaining funds from the State Specific Fund for California shall be paid to the Disability Rights Education & Defense Fund, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 15.6.1.2 Remaining funds from the State Specific Fund for Colorado shall be paid to the Colorado Cross-Disability Coalition, ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 15.6.1.3 Remaining funds from the State Specific Fund for Hawai’i shall be paid to the Hawai’i Disability Rights Center, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇. 15.6.1.4 Remaining funds from the State Specific Fund for Massachusetts shall be paid to the Disability Law Center, Inc., ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. 15.6.1.5 Remaining funds from the State Specific Fund for New York shall be paid to the Anti-Discrimination Center of Metro New York, ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. 15.6.1.6 Remaining funds from the State Specific Fund for Oregon shall be paid to the Oregon Advocacy Center, ▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇., ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇. 15.6.1.7 Remaining funds from the State Specific Fund for Texas shall be paid to Advocacy, Inc., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇-▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-1024. 15.6.2 The Cy Pres recipients may raffle, donate, transfer, or use Gift Cards in order to support their exempt purposes and activities.
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Sources: Settlement Agreement, Settlement Agreement