Duties of the Class Action Settlement Administrator. 103. Plaintiffs’ Class Counsel, the GUC Trust and New GM shall execute a joint retention agreement with the Class Action Settlement Administrator which shall, among other things, (i) establish a maximum amount to be paid to the Class Action Settlement Administrator in costs, fees and expenses in the period before the Final Effective Date and then in the period after the Final Effective Date through to the end of implementation of the Settlement and a time table for such payments, (ii) provide that all costs, fees, and expenses owed to the Class Action Settlement Administrator shall be paid exclusively out of the Common Fund and shall be Settlement Implementation Expenses as that term is defined in ▇▇▇▇▇▇▇▇▇ ▇▇, (▇▇▇) set forth further detail regarding the duties and responsibilities of the Class Action Settlement Administrator, and (iv) require that the Class Action Settlement Administrator perform all duties consistent with the terms of this Settlement. 104. The Class Action Settlement Administrator shall be responsible for, without limitation, the following duties prior to the Final Effective Date: (a) providing the completed Declaration of the Class Action Settlement Administrator in support of the Preliminary Approval Order attached hereto as Exhibit 14; (b) printing, mailing or arranging for the mailing of the Short Form Notice; (c) processing returned mail not delivered to Class Members; (d) attempting to obtain updated address information for any Short Form Notice returned without a forwarding address; (e) making any additional mailings required under the terms of this Agreement; (f) arranging for publication of the Summary Settlement Notice and dissemination of the Initial Press Release and Reminder Press Release as described in the Declaration of the Class Action Settlement Administrator; (g) responding to requests for the Long Form Notice; (h) receiving and maintaining on behalf of the MDL Court any Class Member correspondence regarding requests to become an Opt-Out; (i) forwarding written inquiries to Plaintiffs’ Class Counsel, New GM or the GUC Trust, or their designees; (j) establishing a post-office box for the receipt of any correspondence; (k) responding to requests from Plaintiffs’ Class Counsel, New GM’s Counsel and the GUC Trust’s Counsel; (l) establishing a website and toll-free telephone number with message capabilities to which Class Members may refer for information about the Actions and the Settlement and staff to respond as appropriate to messages; (m) providing the Parties with copies of requests by Persons seeking to become an Opt-Out on a weekly basis, categorized by Subject Vehicle; (n) notifying the Parties of the total number of requests to become an Opt-Out on a weekly basis; (o) otherwise consulting on Class Notice and implementing and/or assisting with the dissemination of the notice of the Settlement as requested by the Parties; and (p) all other tasks agreed to in writing by the Parties and the Class Action Settlement Administrator. 105. Also prior to the Final Effective Date, the Class Action Settlement Administrator shall be responsible for, without limitation, initiating the Settlement Claim Process pursuant to the Settlement Claim Review Protocol and related administrative activities by posting the Settlement Claim Form on the website and accepting but not processing or evaluating Settlement Claim Forms. 106. The Class Action Settlement Administrator and the Parties shall promptly after receipt of any requests to become an Opt-Out, objections, and/or related correspondence provide copies of such requests and/or related correspondence to each other. 107. Not later than 30 days before the date of the Fairness Hearing, the Class Action Settlement Administrator shall file with the MDL Court, under seal, a list of those Persons who seek to become Opt-Outs, as well as a Declaration outlining the scope, method, and results of the Class Notice program.
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Duties of the Class Action Settlement Administrator. 103. Plaintiffs’ Class Counsel, the GUC Trust and New GM shall execute a joint retention agreement with the Class Action Settlement Administrator which shall, among other things, (i) establish a maximum amount to be paid to the Class Action Settlement Administrator in costs, fees and expenses in the period before the Final Effective Date and then in the period after the Final Effective Date through to the end of implementation of the Settlement and a time table for such payments, (ii) provide that all costs, fees, and expenses owed to the Class Action Settlement Administrator shall be paid exclusively out of the Common Fund and shall be Settlement Implementation Expenses as that term is defined in ▇▇▇▇▇▇▇▇▇ ▇▇, (▇▇▇) set forth further detail regarding the duties and responsibilities of the Class Action Settlement Administrator, and (iv) require that the Class Action Settlement Administrator perform all duties consistent with the terms of this Settlement. 1041. The Class Action Settlement Administrator shall be responsible for, without limitation, the following duties prior to the Final Effective Date: (a) providing the completed Declaration of the Class Action Settlement Administrator in support of the Preliminary Approval Order attached hereto as Exhibit 14; (b) printing, mailing or arranging for the mailing of the Short Form NoticeNotices; (cb) processing handling returned mail not delivered to Class Membersmembers of the Class; (dc) attempting to obtain updated address information for any Short Form Notice Notices returned without a forwarding address; (ed) making any additional mailings required under the terms of this Agreement; (f) arranging for publication of the Summary Settlement Notice and dissemination of the Initial Press Release and Reminder Press Release as described in the Declaration of the Class Action Settlement Administrator; (ge) responding to requests for the Long Form Notice; (hf) receiving and maintaining on behalf of the MDL Court any correspondence from members of the Class Member correspondence regarding requests for exclusion and/or objections to become an Opt-Outthe Settlement; (ig) forwarding written inquiries to Plaintiffs’ Class Counsel, New GM or the GUC Trust, Counsel or their designeesdesignee for a response, if warranted; (jh) establishing a post-office box for the receipt of any correspondence; (ki) responding to requests from Plaintiffs’ Class Counsel, New GM’s Counsel and the GUC Trustand/or Stericycle’s Counsel; (lj) establishing a website and toll-free telephone number voice response unit with message capabilities to which Class Members may refer for information about the Actions and the Settlement Settlement; (k) fulfilling any escheatment obligations that may arise; (l) consulting on Class Notice; and staff to respond as appropriate to messages; (m) providing the Parties with copies of requests by Persons seeking to become an Opt-Out on a weekly basis, categorized by Subject Vehicle; (n) notifying the Parties of the total number of requests to become an Opt-Out on a weekly basis; (o) otherwise consulting on Class Notice and implementing and/or assisting with the dissemination of the notice of the Settlement.
2. If the Class Action Settlement as requested by Administrator fails to perform adequately on behalf of Stericycle or the Parties; and (p) all other tasks agreed to in writing by Class, the Parties and may agree to remove the Class Action Settlement Administrator. 105. Also prior Under such circumstances, no Party shall unreasonably withhold consent to removing the Class Action Settlement Administrator, but this event shall occur only after Stericycle’s Counsel and Plaintiffs’ Class Counsel have attempted to resolve any disputes regarding the retention or dismissal of the Class Action Settlement Administrator in good faith, and, if they are unable to do so, after the matter has been referred to the Final Effective DateCourt for resolution.
3. Subject to the approval of the Parties, the Class Action Settlement Administrator shall be responsible for, without limitation, initiating may retain persons and/or entities necessary to assist in the Settlement Claim Process pursuant to the Settlement Claim Review Protocol and related administrative activities by posting the Settlement Claim Form on the website and accepting but not processing or evaluating Settlement Claim Forms. 106. The Class Action Settlement Administrator and the Parties shall promptly after receipt completion of any requests to become an Opt-Out, objections, and/or related correspondence provide copies of such requests and/or related correspondence to each other. 107its responsibilities.
4. Not later than 30 thirty (30) days before the date of the Fairness Hearing, the Class Action Settlement Administrator shall file with the MDL Court, under seal, Court a list of those Persons who seek to become Opt-Outs, as well as a Declaration outlining document detailing the scope, method, and results of the Class Notice programnotice program along with a list of those persons who have opted out or excluded themselves from the Settlement.
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