Operation and Oversight Clause Samples

Operation and Oversight. (i) References in the Settlement Agreement to actions or determinations of the Claims Program are to actions or determinations by the Settlement Administrator and Claims Administrator in implementing the Claims Program. In the event of a disagreement between the Settlement Administrator and the Claims Administrator as to such an action or determination, the Settlement Administrator’s view shall govern. The Settlement Administrator may, in his or her discretion, delegate individual duties assigned to the Claims Program to the Claims Administrator, provided that the Settlement Administrator retains overall authority as provided herein. (ii) The Claims Program may hire administrative vendors, professionals, and consultants, such as legal counsel, actuaries, and economists, whom the Claims Program deems necessary to faithfully implement the provisions of Article VI, Article VII, Article XIII, and Exhibit 5. Payment to such vendors, professionals, and consultants shall come from the funds allocated to the Compensation Fund. In the case of administrative vendors, the Claims Program will provide to the Settlement Administrator in advance the criteria by which such vendors would be selected, including draft requests for proposal to be used in soliciting such vendors. Any such draft request for proposal shall include provisions for (1) the credentialing and other certifications of the vendor; (2) the specific administrative functions to be provided by the vendor; (3) proposed payment rate structure and terms; (4) required fraud policies; (5) the type of clinical and program data to be recorded and collected by the vendor, including considerations for the privacy and security of personal information and other data security; and (6) proposed written contracts to be entered into between the Claims Program and any vendor. The proposed contracts shall include effective procedures for the Claims Program to audit the vendor’s processes for billing and providing services to the Claims Program and shall provide that the Claims Program may terminate the contract if the vendor is not in compliance with such contract’s terms. The Claims Program shall promptly notify the Settlement Administrator of all payments incurred under this Section 14.5(a)(ii). (iii) Within 30 days after entry of the Preliminary Approval Order, the Claims Program shall select a limited number of plaintiffs’ counsel and counsel for the Defendant, all with experience litigating Roundup Claims, to form a co...