Common use of NOTICE TO THE CLASS Clause in Contracts

NOTICE TO THE CLASS. a. Class Counsel shall move for entry of an order directing notice to the class (“Notice Order”). Class Counsel shall also submit to the Court for approval a proposed form of, method for, and schedule for dissemination of notice to the Class. The motion to direct notice to the Class shall recite and ask the Court to find that the proposed form of and method for dissemination of notice to the Class constitutes valid, due and sufficient notice to the Class, constitutes the best notice practicable under the circumstances, and complies fully with the requirements of Federal Rule of Civil Procedure 23. b. Class Counsel, in their motion to direct notice to the Class, shall seek an order authorizing and ordering the Notice and Claims Administrator (a) to request from any third-party payor that timely and validly excludes itself from the Certified Class identification of those plans that the entity seeks to exclude and for entities that purport to exclude entities for which their authority to do so is not readily apparent—including insurers purporting to exclude employer plans for which the insurer provides administrative services—documentation and declarations supporting any purported claim to have authority to opt-out other entities; and (b) to submit a report and recommendation (“Exclusion Report and Recommendation”) to the Court setting forth (i) its ability to validate the existence of such entities’ authority to exclude other class members from the Certified Class, (ii) its findings as to the scope and market shares of any opt-outs for purposes of determining whether the threshold has been met for terminating the agreement pursuant to ¶ 31(d), and (iii) any other issues that may arise during its investigation. c. Class Counsel shall provide Defendant with a draft proposed Notice Order and proposed form of notice (including the proposed Proof of Claim and Release) seven days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. Class counsel shall provide Defendant with a draft of its motion for entry of the Notice Order, together with any accompanying memorandum, three days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. d. Defendant shall be responsible for providing all notices required by the Class Action Fairness Act of 2005 to be provided to state attorneys general or to the United States of America.

NOTICE TO THE CLASS. a. Class Counsel shall move for entry of an order directing notice to the class (“Notice Order”). Class Counsel shall also submit to the Court for approval a proposed form of, method for, and schedule for dissemination of notice to the Class. The motion to direct notice to the Class shall recite and ask the Court to find that the proposed form of and method for dissemination of notice to the Class constitutes valid, due and sufficient notice to the Class, constitutes the best notice practicable under the circumstances, and complies fully with the requirements of Federal Rule of Civil Procedure 23. b. Class Counsel, in their motion to direct notice to the Class, shall seek an order authorizing and ordering the Notice and Claims Administrator (a) to request from any third-party payor that timely and validly excludes itself from the Certified Class identification of those plans that the entity seeks to exclude and for entities that purport to exclude entities for which their authority to do so is not readily apparent—including insurers purporting to exclude employer plans for which the insurer provides administrative services—documentation and declarations supporting any purported claim to have authority to opt-out other entities; and (b) to submit a report and recommendation (“Exclusion Report and Recommendation”) to the Court setting forth (i) its ability to validate the existence of such entities’ authority to exclude other class members from the Certified Class, (ii) its findings as to the scope and market shares of any opt-outs for purposes of determining whether the threshold has been met for terminating the agreement pursuant to ¶ 31(d), and (iii) any other issues that may arise during its investigation. c. Class Counsel shall provide Defendant with a draft proposed Notice Order and proposed form of notice (including the proposed Proof of Claim and Release) seven days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. Class counsel shall provide Defendant with a draft of its motion for entry of the 8 Notice Order, together with any accompanying memorandum, three days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. d. Defendant shall be responsible for providing all notices required by the Class Action Fairness Act of 2005 to be provided to state attorneys general or to the United States of America.

NOTICE TO THE CLASS. a. Class Counsel shall move for entry A. Contents of an order directing notice Notice: Prior to the class (“Agreement Execution Date, the parties shall agree on the specific terms of the Mail Notice Order”). Class Counsel shall also submit to the Court for approval a proposed form of, method for, and schedule for dissemination of notice to the ClassPublication Notice. The motion Mail Notice and Publication Notice shall contain the following information: 1. A statement that the purpose of the Settlement is to direct notice to provide Class Members with a payment in full settlement of all claims that the Class shall recite and ask the Court to find that the proposed form of and method for dissemination of notice to Member may have against Defendants or, at the Class constitutes validMember’s election, due and sufficient notice to the Class, constitutes the best notice practicable under the circumstances, and complies fully with the requirements of Federal Rule of Civil Procedure 23. b. Class Counsel, in their motion to direct notice to the Class, shall seek an order authorizing and ordering the Notice and Claims Administrator (a) to request from any third-party payor that timely and validly excludes itself from the Certified Class identification of those plans that the entity seeks to exclude and for entities that purport to exclude entities for which their authority to do so is not readily apparent—including insurers purporting to exclude employer plans for which the insurer provides administrative services—documentation and declarations supporting any purported claim to have authority to opt-out other entitiesof the class action. 2. A statement that the Class Member may object to the proposed Settlement along with the Objection Filing Deadline, which deadline shall be no earlier than 75 days after the Preliminary Approval and no later than 15 days prior to the Final Fairness Hearing as scheduled by the Court. 3. A statement that objections can be in writing and include, in addition to the name and address of the Objector, all the following: (a) a simple statement of the reason for the objection to be made at the Final Fairness Hearing; (b) a statement whether the objector intends to appear at the Final Fairness Hearing; and (b3) a list of witnesses and description of documents upon which the objector may call or rely at the hearing. No objections shall be permitted at the Final Fairness Hearing unless the Objector has filed a prior written Objection in accordance with this paragraph. 4. The cut-off date for submitting a completed and signed Opt-Out Election Form (in a form to submit a report and recommendation (“Exclusion Report and Recommendation”) be agreed by the parties prior to the Court setting forth (i) its ability to validate Agreement Execution Date), which deadline shall be shall be no earlier than 75 days after the existence of such entities’ authority to exclude other class members from the Certified Class, (ii) its findings as Preliminary Approval and no later than 15 days prior to the scope and market shares Final Fairness Hearing, as scheduled by the Court. 5. A statement that, in the event the Class Member does not return the Opt-Out Election Form, the Class Member will be deemed to have irrevocably chosen to accept Class Member status, to receive the benefits of any opt-outs for purposes of determining whether the threshold has been met for terminating the agreement pursuant to ¶ 31(d)Settlement as set forth in this Agreement, and (iii) any other issues that may arise during its investigationto release all claims against Defendants. c. 6. An explanation that the Class Member is represented by Class Counsel shall provide Defendant as their attorney in this Settlement process and may, but need not, consult with Class Counsel. 7. The address and telephone number of Class Counsel who will be available to answer questions and represent the Class Members; 8. A statement that the Class Member may but need not consult with a draft proposed Notice Order private attorney of their own choice and proposed form of notice (including the proposed Proof of Claim and Release) seven days expense for advice in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. Class counsel shall provide Defendant connection with a draft of its motion for entry of the Notice Order, together with any accompanying memorandum, three days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendantthis Settlement. d. Defendant shall be responsible for providing all notices required by the Class Action Fairness Act of 2005 to be provided to state attorneys general or to the United States of America.

NOTICE TO THE CLASS. a. 1. Notice of the Settlement shall be given as soon as practicable after Preliminary Approval and, in any event, the notice process shall commence no later than twenty-one (21) calendar days following the entry of the Preliminary Approval Order. Notice shall be provided by the Notice and Claims Administrators to Class Members pursuant to the Notice Plan, subject to any modifications required by the Court. The Notice and Summary Notice are attached as Exhibits H and I to this Agreement, and any modifications to them must be acceptable to all Class Representatives and ▇▇▇▇▇▇▇ in its individual discretion. 2. Class Counsel shall move move, as part of the Motion for Preliminary Approval, for entry of an order directing notice to the class (“Notice Order”). Class Counsel shall also submit to the Court for approval a proposed form of, method for, and schedule for dissemination of notice to the Class. The motion to direct notice to the Class Motion for Preliminary Approval shall recite and ask the Court to find that the proposed form of and method for dissemination of notice to the Class constitutes valid, due due, and sufficient notice to the Classnotice, constitutes the best notice practicable under the circumstances, and complies fully with the requirements of Federal Rule of Civil Procedure 23. b. 3. Class Counsel, in their motion to direct notice to the Class, Counsel shall seek an order authorizing and ordering the Notice and Claims Administrator Administrators: (ai) to request from any third-party payor Acute Care Hospital that timely and validly excludes itself from the Certified Class identification of those plans that the entity seeks to exclude and for entities that purport to exclude entities for which their authority to do so is not readily apparent—including insurers purporting to exclude employer plans for which any other entity from the insurer provides administrative services—certified Class, documentation and declarations supporting any purported claim to have authority to opt-opt out other entities; entities and (bii) to submit a report and recommendation (an “Exclusion Report and RecommendationOpt-Out Report”) which shall be provided no later than seven (7) calendar days after the Opt-Out Deadline, as defined in Exhibit F, to the Court setting forth (i) its ability Court, Class Counsel, and ▇▇▇▇▇▇▇ identifying all requests to validate the existence of such entities’ authority to exclude other class members be excluded from the Certified Class, (ii) its findings as and whether any such requests were deemed untimely and/or failed to provide any of the scope and market shares of any opt-outs for purposes of determining whether the threshold has been met for terminating the agreement pursuant to ¶ 31(d), and (iii) any other issues that may arise during its investigationinformation required in Section V.G.1 or were otherwise inadequate. c. 4. No later than fourteen (14) calendar days following the commencement of the dissemination of the Notice, Class Counsel shall provide Defendant serve on ▇▇▇▇▇▇▇ and file with a draft proposed Notice Order and proposed form the Court proof, by affidavit or declaration, of notice (including the proposed Proof of Claim and Release) seven days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendant. Class counsel shall provide Defendant with a draft of its motion for entry of the Notice Order, together with any accompanying memorandum, three days in advance of filing, and shall consider in good faith any concerns or suggestions expressed by Defendantsuch dissemination. d. Defendant shall be responsible for providing all notices required by the Class Action Fairness Act of 2005 to be provided to state attorneys general or to the United States of America.

NOTICE TO THE CLASS. a. Class Counsel shall move for entry of an order directing notice to the class Class (“Notice Order”). Class Counsel shall also submit to the Court for approval a proposed form of, method for, and schedule for dissemination of notice to the Class. The motion to direct notice to the Class shall recite and ask the Court to find that the proposed form of and method for dissemination of notice to the Class constitutes valid, due due, and sufficient notice to the Class, constitutes the best notice practicable under the circumstances, and complies fully with the requirements of Federal Rule of Civil Procedure 23. b. Class Counsel, in their motion to direct notice to the Class, shall seek an order authorizing and ordering the Notice and Claims Administrator Administrator: (a) to request from any third-party payor that timely and validly excludes itself seeks to exclude any other entity or plan from the Certified Class identification of those plans that the entity seeks to exclude and for entities that purport to exclude entities for which their authority to do so is not readily apparent—including insurers purporting to exclude employer plans for which the insurer provides administrative services—documentation and declarations supporting any purported claim to have authority to opt-out other entitiesentities or plans; and (b) to submit a report and recommendation (“Exclusion Report and Recommendation”) to the Court setting forth forth (i) all members of the Class that have expressed a wish to be excluded from the Certified Class and the amount unsettled claims pertaining to purchases by such Class members, (ii) its ability to validate the existence of such entities’ authority to exclude other class Class members from the Certified Class, (iiiii) its findings as the effect, if any, of the exercise of such entities’ authority on the number and proportion of unsettled claims pertaining to purchases by the scope and market shares Certified Class that opt out of any opt-outs for purposes of determining whether the threshold has been met for terminating the agreement pursuant to ¶ 31(d)settlement, and (iiiiv) any other issues that may arise during its investigation. c. Class Counsel shall provide Defendant with a draft of their (i) motion for entry of the Notice Order, together with any accompanying memorandum of law, (ii) proposed Notice Order and (iii) proposed form of notice (including the proposed Proof of Claim and Release) seven days in advance of filing, filing and shall consider in good faith any concerns or suggestions expressed by Defendant. Class counsel Counsel shall similarly provide Defendant with a draft of its motion for entry of the Notice Order, together with any accompanying memorandum, three days in advance of filing, their preliminary approval papers and shall consider in good faith any concerns or suggestions expressed by Defendant. d. Defendant shall be responsible for providing all notices required by that the Class Action Fairness Act of 2005 requires to be provided to state attorneys general or to the United States of America.