Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis; (c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel; (d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof; (e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form. 5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will 5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member. 5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns. 5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administration. 5.1 29. All agreed upon and reasonable Federal Rule of Civil Procedure 23 Notice and Settlement Administration Costs will be paid from the Settlement Fund.
30. Class Counsel represent that (i) they solicited competitive bids for settlement administration, including Notice and Settlement Administration Costs, (ii) they believe that Postcard Notice and/or email notice is appropriate under the circumstances, and (iii) they will direct the Settlement Administrator to utilize other appropriate forms of notice where practicable, in order to contain the administration costs while still providing effective notice to the Settlement Class Members.
31. The Settlement Administrator shall, under the supervision will provide written notice by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreementperform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing.
32. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will cause the Notice Program to be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed effectuated in accordance with the terms of the Settlement Agreement and any orders of the Court.
33. The Settlement Administrator will administer the settlement processes as set forth in this Agreement;Agreement and as directed by Class Counsel, subject to the Court’s supervision and direction as circumstances may require.
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents34. To make a claim, including but not limited to CAFA Notices, follow-up class notices or communications with a Settlement Class MembersMember must complete and submit a valid, telephone scriptstimely, website postings or language or other communications with and sworn Claim Form. A Claim Form shall be submitted online at the Settlement ClassWebsite or by U.S. mail, at least five (5) business days before and must be submitted on the Settlement Administrator is required to Website or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on postmarked (as the case by case basis;
(cmay be) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after no later than the Claim Deadline.
35. The Settlement Administrator will review and evaluate each Claim Form for validity, timeliness, and completeness.
36. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete Claim Form, the Settlement Administrator shall promptly give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty (20) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide copies thereof notice of deficiencies concurrently to Defendant’s Counsel and Class Counsel. If the defect is not cured within the 20-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.”
37. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of a Final Approval Order and Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the extent necessary to resolve claims determination issues pursuant to this Settlement Class and other requests and promptly provide to Agreement. Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If or the Settlement Administrator receives any exclusion forms will provide other reports or other requests information that the Court or Parties may request.
38. Subject to the terms and conditions of this Settlement Agreement, thirty (30) Days after the deadline for the submission of such forms and requestsEffective Date, the Settlement Administrator shall promptly mail or otherwise provide copies thereof a payment via check or electronic means (a “Settlement Payment”) to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding each Claimant for their pro rata share of the number of Claim Forms received, the number approved by the Net Settlement Administrator, and the categorization and description of Claim Forms rejectedFund, in whole or in part, by accordance with the Settlement Administrator; andfollowing distribution procedures:
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 a. The Settlement Administrator shall utilize the Net Settlement Fund to make all Settlement Payments.
b. The amount of each Settlement Payment shall be obliged calculated by dividing the Net Settlement Fund by the number of valid Claimants.
39. Each Settlement Payment shall be mailed to employ the address provided by the Claimant on their Claim Form. All Settlement Payments issued under this section shall be void if not negotiated within ninety (90) Days of their date of issue and shall contain a legend to that effect. Settlement Payments issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued.
40. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the Settlement Administrator mails the last Settlement Payment, including any and all re-issued Settlement Payments, the cy pres distribution of the remaining Net Settlement Fund shall be made to the charitable organization agreed upon by the Parties and accepted by the Court.
41. For any Settlement Payments returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable procedures efforts to screen claims for abuse or fraud find a valid address and deny Claim Forms where there resend the Settlement Payment within thirty (30) Days after the check is evidence of abuse or fraudreturned to the Settlement Administrator as undeliverable. The Settlement Administrator shall determine whether a Claim Form submitted by make only one attempt to resend a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim FormPayment.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 The A. Within seven (7) days after the Preliminary Approval Date, Consumer Reports shall provide to the Settlement Administrator shall, under the supervision and to Class Counsel a list of the Courtnames, administer last known U.S. mailing addresses, last known billing addresses, telephone numbers, and email addresses of the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests to the extent such information is available (the “Class List”). Defendant will provide the Settlement Administrator and Class Counsel with any other documents or data in its possession, custody, or control reasonably necessary to validate claims. The Class List and any other documents or data provided pursuant to this paragraph are designated as “Confidential” and shall be used only for exclusion from implementation of the Settlement and for no other purpose. The Class List and any other documents or data provided pursuant to this paragraph shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Consumer Reports’ counsel.
B. No later than thirty-five (35) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom the Class List does not contain an email address (if any), the Settlement Administrator will send a copy of the Summary Class Notice to the individual’s last- known mailing address, to the extent that information is available in the Class List, via first class U.S. Mail, postage pre-paid. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Class List as appropriate. If any emailed Summary Class Notice documents are “bounced back” as undeliverable, then within fourteen (14) days after the Notice Date, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice.
C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address.
D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the Second Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the Settlement, the Summary Class Notice, the Long Form Class Notice, the Claim Form (in a format that may be printed), and disbursing funds from any other materials agreed to by the Parties. The Settlement Website will include a mechanism by which individuals whose name and contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Fund Website.
E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a rationalclaim form, responsivethe Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D.
F. The emailed Summary Class Notice, cost effectivethe mailed Summary Class Notice, the Long Form Class Notice, (Exhibits A, B, C hereto respectively) shall each contain the following statement from Consumer Reports: Although Defendant believes that its practices were in compliance with California law, Defendant chose to settle this case, without admitting liability, to focus time, effort and resources on protecting consumers, as the organization has since its founding, and not on additional legal fees and the uncertainty of litigation.
G. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.”
H. In order to receive a share of the Settlement Amount, Class Members must file a timely mannerClaim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator.
1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid.
2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant.
I. To be timely, the Claim must be returned to the Settlement Administrator no later than forty-five (45) days following the Notice Date (the “Claim/Exclusion/Objection Deadline”). If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Consumer Reports, in their respective discretion, may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing.
J. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required will consider any additional information or corrective action by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court claimant so long as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing additional information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
or corrective action is submitted within twenty-one (a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (3021) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms notice of this Agreement;
(b) Provide deficiency. Class Counsel and Defendant’s Counsel with drafts Consumer Reports shall be kept apprised of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless volume and nature of deficient claims and Class Counsel and Defendant’s Counsel agree shall be allowed to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified communicate with Class Members and promptly provide as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement Agreement shall prohibit or restrict Consumer Reports from communicating with Class Counsel and Defendant’s counsel copies thereof. If Members to the Settlement Administrator receives extent required in the normal course of Consumer Reports’ business.
K. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any Claim Forms after order the Claim DeadlineCourt may make, the Settlement Administrator shall promptly provide copies thereof have authority to resolve the issue as between the claimants.
L. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal.
M. Any Class Counsel and Defendant’s Counsel;
(d) Receive requests Member who wishes to be excluded from the Settlement Class must complete and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereofreturn a request for exclusion via U.S. Mail, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms email, or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administratorpersonal delivery, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available that request for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received exclusion must be validated by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraudas provided in this section. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on request for exclusion must be in writing, must list the Class List Member’s name, mailing address, and shall reject Claim Forms that fail to (a) comply telephone number, along with the instructions on statement “I wish to be excluded from the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADRv. Consumer Reports, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orInc.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 5.1. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and DefendantHearst’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, administration and implementation of the Settlement Agreement. Should the Court request, the Parties Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to DefendantHearst’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with per the terms of this the Settlement Agreement;
(b) Provide Class Counsel Receive exclusion forms and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with other requests from the Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and DefendantHearst’s counsel copies thereofCounsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any Claim Forms exclusion forms or other requests from the Settlement Class after the Claim Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and DefendantHearst’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(ec) Provide weekly reports to Class Counsel and DefendantHearst’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the current number approved by of Approved Claims, the estimated payment per Settlement AdministratorClass Member with an Approved Claim, and the categorization number of opt-outs and description of Claim Forms rejected, in whole or in part, by the Settlement Administratorobjections received; and
(fd) Make available for inspection by Class Counsel or DefendantHearst’s Counsel the Claim Forms Forms, any documentation submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice.
5.2 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims claims, and requests for exclusion, for abuse or fraud and deny or other defects, including without limitation, by cross-referencing the information provided on the Claim Forms Form against the Class List. The Settlement Administrator shall reject a Claim Form, any part of a claim for a payment reflected therein, or request for exclusion, where there is evidence of abuse or fraudfraud or other defect (including, but not limited to, where another Claim Form previously has been accepted concerning the same telephone number, where the Claim Form has not been timely submitted, or where the Claim Form is associated with a person or telephone number that provided consent to be contacted by the San Francisco Chronicle). The Settlement Administrator shall determine whether also reject a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this AgreementForm, or (b) provide full and complete request for exclusion, that does not contain all requested information as requested on necessary to screen the Claim Form. In claim or request for exclusion for fraud or abuse or other defect, after giving the event claimant a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person reasonable opportunity of no greater than twenty-one (121) reasonable opportunity days to provide any requested missing information, which information must be received by and/or cure the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Formalleged defect.
5.3 Defendant5.3. Both Hearst’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form or request for exclusion submitted by an Unidentified Settlement Class Member, as well as any request for exclusionMembers. The Settlement Administrator shall follow any agreed agreed-to decisions of Class Hearst’s Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusionClass Counsel. To the extent Class Hearst’s Counsel and Defendant’s Class Counsel are not able to agree on the disposition of a challenge, the Settling Parties agree to promptly bring the disputed claim shall be submitted challenge to ▇▇▇ ▇▇▇▇▇▇▇, Esqthe attention of the Court (or other mutually agreed-upon neutral) for resolution.
5.4. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its their duties outlined in this Agreement, both the Settlement Administrator and the Court (or other mutually agreed-upon neutral) shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant5.5. The Final Approval Hearing shall be set for a date no less than ninety (90) days after the Notice described in Provision 4.2(e) is disseminated.
5.6. The Settlement Administrator and Class Counsel shall keep the Class List and all personal information obtained therefrom, including the Released Partiesidentity, telephone numbers, email addresses, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration U.S. mailing addresses of the Settlement or otherwise; (ii) Class strictly confidential in accordance with applicable law and confidentiality agreements that they may execute. The Parties agree that the management, investment, or distribution Class List may not be used for any purpose other than effectuating the terms of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members this Agreement or the implementation, administration, duties or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returnsobligations arising hereunder.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administration. 5.1 4.1 All Notice and Settlement Administration Costs will be paid from the Settlement Fund.
4.2 The Parties have agreed to request that the Court appoint ▇▇▇▇▇ as Settlement Administrator. Once approved by the Court, the Settlement Administrator will be an agent of the Court and will be subject to the Court’s supervision and direction as circumstances may require.
4.3 The Settlement Administrator shall, under will cause the supervision Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by U-Haul Counsel and Class Counsel. The Parties shall maintain reasonably detailed records of its activities under this Agreement. cooperate with such requests.
4.4 The Settlement Administrator shall maintain all such records as are required by applicable law will administer and update the Settlement Website in accordance with its normal business practices and such records will be made available to the terms of this Settlement Agreement. Class Counsel and Defendant’s U-Haul Counsel upon request. shall agree on the information and documents to be posted on the Settlement Website before the information/documents are posted to the site.
4.5 The Settlement Administrator shall also provide reports will conduct Settlement Administration in accordance with the terms of the Settlement Agreement, and other information any additional processes agreed to by Settlement Class Counsel and U-Haul Counsel, and subject to the Court Court’s supervision and direction as the Court circumstances may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation within ten (10) Days after the filing of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration motion seeking Preliminary Approval of the Settlement, and all copies thereofacting on behalf of U-Haul, within thirty (30) days after have served or cause to be served a notice of the date proposed Settlement on which all Claim Forms have been finally approved or disallowed appropriate officials in accordance with the terms of this Agreement;requirements under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715(b).
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents4.6 To make a claim for monetary compensation, including but not limited to CAFA Notices, follow-up class notices or communications with a Settlement Class MembersMember must complete and submit a valid, telephone scripts, website postings timely Claim Form. Claim Forms shall be submitted by U.S. mail or language or other communications with electronically through the Settlement Class, at least five (5) business days before Website and must be postmarked or submitted no later than the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Deadline. Claim Forms from Unidentified Class Members submitted via U.S. mail who elected an e-payment option will be sent an email to the email address provided on their claim form to verify and promptly provide to Class Counsel and Defendant’s counsel copies thereofselect the e- payment option of their choice. If the claimant does not select an e-payment option after 14 days of receiving the email, they will automatically be sent a settlement check.
4.7 The Settlement Administrator receives any will review and evaluate each Claim Forms after the Claim DeadlineForm for timeliness, the Settlement Administrator shall promptly provide copies thereof to Class Counsel completeness, and Defendant’s Counsel;validity.
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the 4.8 The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether the claimant: (1) is a Settlement Class Member; and the categorization and description of (2) has submitted a valid Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraudForm. The Settlement Administrator shall determine whether a may, at any time, request from the claimant, in writing, additional information (“Claim Form submitted by a Supplementation”) as the Settlement Class Member is an Approved Claim by determining if Administrator may reasonably require in order to evaluate the Person is on the Class List and shall reject claim.
4.9 The Settlement Administrator will maintain records of all Claim Forms that fail submitted until one hundred and eighty (180) Days after the Effective Date. Claim Forms and supporting documentation may be provided to (a) comply with the instructions on Court upon request and to Class Counsel and/or U-Haul Counsel to the Claim Form extent requested or necessary to resolve Settlement Administration issues pursuant to this Settlement Agreement. U-Haul or the terms of this Agreement, Settlement Administrator will provide other reports or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim FormCourt.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as 4.10 Subject to the validity terms and conditions of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Settlement Agreement, the Settlement Administrator shall have mail or otherwise provide payment for approved claims within sixty (60) Days of the right Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later.
4.11 Payment for approved Claims shall be mailed or otherwise sent to reasonably request additional information from the Parties or any Settlement Class MemberMember in the manner indicated on his or her Claim Form.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses 4.12 Any checks issued under this section shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orvoid if not negotiated within ninety
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 26. All agreed-upon and reasonable Notice and Claims Administration Costs will be paid from the Settlement Fund.
27. Class Counsel represent that (i) they solicited competitive bids for Settlement administration, including Notice and Claims Administration Costs; (ii) they believe that Email Notice, where available, and Postcard Notice, is appropriate under the circumstances; and (iii) they will direct the Settlement Administrator to utilize other appropriate forms of notice if practicable, in order to contain the Notice and Claims Administration Costs while still providing effective notice to the Settlement Class Members.
28. The Settlement Administrator shall, under the supervision will provide written notice of the Court, administer the relief Settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address or email address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreementperform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip- tracing.
29. The Settlement Administrator shall maintain all such records as are required by applicable law will cause the Notice Program to be effectuated in accordance with its normal business practices the terms of the Settlement Agreement and such records any orders of the Court.
30. The Settlement Administrator will administer the settlement process in accordance with the terms of the Settlement Agreement and as directed by Class Counsel, subject to the Court’s supervision and direction as circumstances may require.
31. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be submitted on the Settlement Website or postmarked no later than the Claims Deadline.
32. The Settlement Administrator will review and evaluate each Claim Form for validity, timeliness, and completeness.
33. If, in the determination of the Settlement Administrator, a Settlement Class Member submits a timely but incomplete Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Defendant’s Counsel and Class Counsel. If the defect is not cured within the 21-Day period, then the Claim will be made available deemed invalid and denied by the Settlement Administrator. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.”
34. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of a Final Judgment. Claim Forms may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel upon to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement. Class Counsel or the Settlement Administrator will provide other reports or information that the Court may require or that the Parties may reasonably request.
35. Subject to the terms and conditions of this Settlement Agreement, forty-five (45) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or electronic means (a “Claim Payment”) to each Claimant for their pro rata share of the Net Settlement Fund, in accordance with the following distribution procedures:
a. The Settlement Administrator shall utilize the Net Settlement Fund to purchase one year of Privacy Shield services for all Settlement Class Members who claim that benefit as described in Paragraph 25 and to make all Cash Compensation payments as described in Paragraph 35.
b. The amount of each Claim Payment shall be calculated by dividing the Net Settlement Fund (less the cost of one year of Privacy Shield services for Settlement Class Members who claim that benefit) by the number of valid claims for Cash Compensation.
36. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. The Settlement Administrator may also provide for payment of Claim Payments via electronic means.
37. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the distribution of all Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than three dollars and zero cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than three dollars and zero cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed by mutual agreement of the Parties with approval by the Court.
38. For any Claim Check or Claim Payment returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Payment within thirty (30) Days after the check or electronic payment is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall also provide reports and other information only make one attempt to the Court as the Court may requireresend a Claim Check or Claim Payment.
39. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation No portion of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Net Settlement Fund shall revert or be paid out of repaid to Defendant after the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orEffective Date.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 31. All agreed-upon and reasonable Notice and Claims Administration Costs will be paid from the Settlement Fund.
32. Class Counsel represent that they solicited competitive bids for Settlement administration, including Notice and Claims Administration Costs.
33. The Settlement Administrator shall, under the supervision will provide written notice of the Court, administer the relief Settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreementperform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing.
34. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will cause the Notice Program to be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed effectuated in accordance with the terms of this Agreement;the Settlement Agreement and any orders of the Court.
(b) Provide 35. The Settlement Administrator will administer the settlement process in accordance with the terms of the Settlement Agreement and as directed by Class Counsel Counsel, subject to the Court’s supervision and Defendant’s Counsel with drafts of all administration related documents, including but not limited direction as circumstances may require.
36. The Notices provided to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with Members shall require the Settlement Class, at least five Class Member to indicate their preferred disbursement methods and provide the required financial information.
37. Within sixty (560) business days before of the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim DeadlineEffective Date, the Settlement Administrator shall promptly make best efforts to provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class Members who submitted a valid and other requests and promptly provide to timely claim for CMIS benefits with enrollment instruction for the CMIS.
38. For each Settlement Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If Member from which the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms a valid, completed and requeststimely Claim Form with correct financial information, the Settlement Administrator shall promptly provide copies thereof disburse any monies due to that Settlement Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
Members (e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms receivedi.e., the number approved by “Claim Payment”) using the Settlement Administrator, and Class Member’s preferred method within twenty-one (21) days from the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable noticeEffective Date.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud39. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form Members who do not provide their preferred method of disbursement or the terms of this Agreement, or (b) do not provide full and complete valid financial account information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The deemed to have unclaimed their Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim FormBenefit.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Settlement Agreement, Settlement and Release Agreement
Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved ClaimsMembers. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this AgreementObjection/Exclusion Deadline;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis;; and
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administration. 5.1 11.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Cruise Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Cruise Defendants’ Counsel with regular reports at weekly intervals containing and other information as they may require, including information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Members Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward a. Upon request, forward to Defendant’s Cruise Defendants’ Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, Approved Claims and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with unapproved claims per the terms of this the Agreement;
(b) Provide Class Counsel b. Receive Requests for Exclusion and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with requests from the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendant’s counsel copies thereofCruise Defendants’ Counsel upon receipt. If the Settlement Administrator receives any Claim Forms Requests for Exclusion or other requests from the Settlement Class after the Claim Objection/Exclusion Deadline, the Settlement Administrator shall also promptly provide copies thereof to Class Counsel and Defendant’s Cruise Defendants’ Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) c. Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; andCruise Defendants’ Counsel regarding
(f) d. Make available for inspection by Class Counsel or Defendant’s and Cruise Defendants’ Counsel the Claim Forms Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice.
5.2 11.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Call Records, and deny by reviewing the submissions of the Settlement Class Members. The Settlement Administrator shall reject a Claim Forms Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether also reject a Claim Form submitted by that does not contain all of the requested information necessary to screen the claim for fraud or abuse, after giving the claimant a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity of no greater than fourteen (14) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, which telephone call or direct mail, whichever is the most practical based on the information must be received by provided in the Claim Form, within five (5) business days after the Settlement Administrator no later than thirty (30) calendar days after rejects the Claims Deadlineclaim. In the event The Settlement Administrator’s validation or rejection of all Claim Forms shall occur on a rolling basis once the Settlement Administrator receives such information more than Class Members have been notified of the Settlement so that the Cruise Defendants may make any challenges to any claims known to all Parties and attempt to resolve them on an ongoing basis in order to avoid making all objections at the conclusion of the claims period. The Parties shall receive weekly reports of the status of all claims, including, but not
11.3 Subject to the provisions set forth at Section 2.3, the Cruise Defendants and the Class Representative will have the right to challenge the submission of any claim from any Settlement Class Member on an ongoing basis from the date Settlement Class Members have been notified of the Settlement up to thirty (30) days after the Settlement Administrator provides the list of all of the validated and Final Approved Claims Deadlinefor payment. This deadline is premised on the Settlement Administrator regularly updating the Notice Database as to the status of all claims on a rolling basis and providing weekly reports to Class Counsel the Cruise Defendants regarding the status of all claims, then any such claim including Approved and rejected claims, which determination shall be denied. The made by the Settlement Administrator may contact any Person who has submitted on a rolling basis once the notice period commences, and providing timely access to the regularly updated Notice Database and required documentation upon request. All challenges not resolved between Class Counsel and the Cruise Defendants’ Counsel will be presented to the Court at the Final Approval Hearing, which will make a binding determination as to the challenge. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge. Challenges must be made to individual or designated groups of Claim Form Forms; so-called “blanket” or “mass” challenges to obtain additional information necessary to verify the all Claim FormForms without differentiation will not be allowed.
5.3 Defendant’s Counsel and Class Counsel shall have 11.4 In the right to event the Cruise Defendants challenge the acceptance one or rejection of a Claim Form submitted by an Unidentified more Settlement Class MemberMembers’ claims, as well as any request for exclusion. The the Settlement Administrator shall follow any agreed decisions notify each Settlement Class Member within five (5) business days of Class Counsel and Defendant’s Counsel as to its receipt of the validity of any disputed submitted Claim Form challenge via email, telephone call or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ willdirect mail,
5.4 11.5 In the exercise of its the duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administration. 5.1 5.1. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Defendants’ Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to each Settlement Class Members Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Defendants’ Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with per the terms of this the Settlement Agreement;
(b) Provide Class Counsel Receive requests for exclusion and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with other requests from the Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide a copy of such requests to Class Counsel and Defendant’s counsel copies thereofDefendants’ Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any Claim Forms exclusion forms or other requests from the Settlement Class after the Claim Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Defendants’ Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(ec) Provide weekly reports to Class Counsel and Defendant’s Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by determined to be rejected, the Settlement Administratornumber of Approved Claims, and the categorization and description number of Claim Forms rejected, in whole or in part, by the calls to be paid per Settlement AdministratorClass Member; and
(fd) Make available for inspection by Class Counsel or Defendant’s Defendants’ Counsel the Claim Forms Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice.
5.2 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List, and deny by reviewing the evidentiary proof submitted by Settlement Class Members. The Settlement Administrator shall reject a Claim Forms Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether also reject a Claim Form submitted by that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms reasonable opportunity of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person no greater than twenty-one (121) reasonable opportunity days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, which telephone call or direct mail, whichever is the most practical based on the information must be received provided in the Claim Form. The validation of all Claim Forms by the Settlement Administrator shall occur no later than thirty fourteen (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (3014) days after the Claims Deadline, then any such claim shall be denied. The Effective Date and the Settlement Administrator may contact any Person who has submitted a Claim Form shall give notice of such validation to obtain additional information necessary to verify the Claim Formcounsel on that date.
5.3 Defendant’s Counsel 5.3. Defendants and the Class Counsel shall Representatives will have the right to challenge the acceptance number of calls received by each Settlement Class Member that are eligible for payment. All challenges will be presented to the Special Master who will make a binding determination as to the number of calls received by each Settlement Class Member entitled to receive payment on account of an Approved Claim. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator, Special Master and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge within thirty (30) days of the Settlement Administrator’s validation of all Claim Forms as an Approved Claims determination of the number of calls entitled to a pro rata payment, and notice of the validation. Challenges must be made to individual or rejection designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed.
5.4. For Settlement Class Members that submit a Claim Form submitted indicating that they received three (3) calls or fewer, the presumption of three (3) calls can be rebutted by an Unidentified Defendants’ challenges. All other Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to Members will have the validity of any disputed submitted ultimate burden if their Claim Form or request for exclusionis challenged to demonstrate the number of calls, greater than one (1), that they received.
5.5. To In the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition event of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any notify each Settlement Class Member.
5.5 DefendantMember via email, telephone call or direct mail, whichever is the Released Partiesmost practical based on the information provided in the Claim Form, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: that (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, Class Member must within thirty (30) days either submit supplemental documentation to prove each call claimed or any of their respective designees or agents, in connection schedule a telephonic hearing with the administration of Special Master where the Settlement or otherwise; Class Member must testify as to the basis for each separate call claimed, (ii) the managementSettlement Class Member has the burden of proving the specific number of calls received, investment, or distribution of the Settlement Fund; and (iii) that the allocation of Settlement Funds to Settlement Class Members or Member will still receive a payment on account of an Approved Claim regardless of the implementationoutcome of the challenge. Following the Claims Deadline, administrationbut in no event later than one hundred eighty (180) days after Final Judgment, or interpretation thereof; (iv) the determinationSpecial Master will make a determination regarding the claims under challenge, administration, calculation, or payment including the number of any claims asserted against calls received by the Settlement Fund; Class Member
(v1) any losses suffered bybased on the information already submitted, and (2) by requiring additional information in the form of (i) either supplemental documentation to prove each call claimed or fluctuations testimony before the Special Master as to the basis for each separate call claimed. The Special Master’s determination regarding the claims under challenge shall be final and binding on the Parties. If the challenged Settlement Class Member does not timely submit the supplemental documentation or testify before the Special Master, the Special Master shall sustain the Defendants’ challenge and the Settlement Class Member will have an Approved Claim for one
(1) call. If the challenged Settlement Class Member does timely submit the supplemental documentation or testify before the Special Master, the Special Master will then, in value ofhis sole discretion, make a determination as to the number of calls for which the Settlement Class member can recover. To the extent the Special Master sustains Defendants’ challenge, the Settlement Fund; or Class member will be permitted to recover for at least one (vi1) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returnscall.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administration. 5.1 4.1. All Notice and Claims Administration Costs will be paid or caused to be paid by DP Brokerage Inc.
4.2. The Settlement Administrator shall, under Parties have agreed to request that the supervision of Court appoint Simplurisor as Claims Administrator. Once approved by the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from Claims Administrator will be an agent of the Settlement, Court and disbursing funds from will be subject to the Settlement Fund in a rational, responsive, cost effective, Court’s supervision and timely mannerdirection as circumstances may require.
4.3. The Settlement Claims Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will cause the Notice Program to be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by DP Brokerage’s Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests.
4.4. The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement;
(b) Provide . Settlement Class Counsel and DefendantDP Brokerage’s Counsel with drafts of shall agree on all administration related documents, including but not limited information and documents to CAFA Notices, follow-up class notices or communications with be posted on the Settlement Class Members, telephone scripts, website postings or language or other communications Website.
4.5. The Claims Administrator will conduct Claims Administration in accordance with the Settlement Class, at least five (5) business days before terms of the Settlement Administrator is required Agreement, and any additional processes agreed to or intends to publish or use such communications, unless by Settlement Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and DefendantDP Brokerage’s Counsel, including without limitation, reports regarding and subject to the number of Claim Forms received, the number approved by the Settlement Administrator, Court’s supervision and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable noticedirection as circumstances may require.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims 4.6. To make a claim for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by monetary compensation, a Settlement Class Member is an Approved must complete and submit a valid, timely Claim by determining if the Person is on the Class List and shall reject Form. Claim Forms that fail to (a) comply with shall be submitted by U.S. mail or electronically through the instructions on Settlement Website and must be postmarked or submitted no later than the Claim Form Deadline.
4.7. The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity.
4.8. The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether:
(1) the claimant is a Settlement Class Member; (2) the claimant has provided all supporting documentation (except for claims for lost time with a narrative statement made under penalty of perjury) or information needed to complete the terms of this AgreementClaim Form, or including any documentation required to support claims for compensation under Section 3 above; and (b3) provide full and complete when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof.
4.9. In The Claims Administrator will maintain records of all Claim Forms submitted until the event a Person submits a timely later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Form Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or DP Brokerage’s Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. DP Brokerage or the Claims Administrator will provide other reports or information as requested by the Court.
4.10. Subject to the terms and conditions of this Settlement Agreement, DP Brokerage shall transmit needed claimant compensation funds to the Claims Deadline where Administrator, and the Person appears on Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Class List but Effective Date, or within sixty (60) Days of the date that the Claim Form is not approved, whichever is later.
4.11. Payment for approved Claims shall be mailed or otherwise complete, then sent to the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by Class Member in the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the manner indicated on his or her Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion4.12. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim Any checks issued under this section shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orvoid if not negotiated within ninety
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 4.1 The motion for Preliminary Approval will be filed at the time set forth in Paragraph 9.2 and will move the Court to appoint the Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from to perform the Settlement Fund Administrator’s duties set forth in a rational, responsive, cost effective, this Agreement.
4.2 Defendant will hire the Settlement Administrator and timely manneris responsible for supervising the Settlement Administrator. The Settlement Administrator shall is responsible for ensuring that it performs all of its duties set forth in this Agreement. Sephora is entitled to rely on the work done by the Settlement Administrator and will not be liable or otherwise responsible for any error made by the Settlement Administrator.
4.3 The Settlement Administrator will maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all Agreement and will make such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel the Parties upon request. The Settlement Administrator shall also will provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, agreed by the Parties shall submit a timely report to the Court summarizing the work performed or required by the Settlement Administrator, including a report of all amounts from Court.
4.4 Upon the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoingAdministration Start Date, the Settlement Administrator shall:
(a) Forward will be permitted to Defendant’s Counsel, with copies submit bills for Administrative Expenses to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing informationSephora, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid Sephora will pay out of the Settlement Fund pursuant to Paragraph 5.7.
4.5 The Settlement Administrator will make its best efforts not to incur Administrative Expenses in excess of the amount stated in Paragraph 5.4.3.
4.6 The Settlement Administrator will keep all information it receives regarding the Settlement Class and shall be timely paid by Settlement Class Members strictly confidential and will not use such information for any purpose other than performing its duties set forth in this Settlement Agreement; provided, however, that the Settlement Administrator pursuant may provide general, summary information to this Agreement the Parties and without further order the Court to update them on the status of the Court. Any tax returns prepared for Settlement.
4.7 Except to the extent expressly required by this Agreement, in no event will Plaintiff or Class Counsel be entitled to receive, nor will the Settlement Fund (as well as Administrator provide to any of them, the election set forth therein) shall be consistent with this Agreement Class List or the first or last name or email address of any current or former Settlement Class Member. Plaintiff and in Class Counsel will keep all events shall reflect that all taxes on the income earned by information they receive regarding the Settlement Fund shall be paid out of the Class and Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability Class Members strictly confidential and will not use such information for the acts orany purpose other than consummating this Settlement Agreement.
Appears in 2 contracts
Sources: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Administration. 5.1 The A. Defendants will provide on or before October 30, 2020, to Class Counsel an anonymized database (the “Database”) reflecting Class Member transactions from December 16, 2015 to and including September 16, 2020, which includes a unique alphanumeric identification number for each Settlement Class Member together with corresponding transaction details. Class Counsel is authorized to provide the Database to the Settlement Administrator shallfor use in connection with settlement administration. The Database is designated as Confidential and shall be used only for purposes of this settlement.
B. The class notice will consist of a Summary Class Notice (an email version of which is attached hereto as Exhibit A, under and a mailed version of which is attached hereto as Exhibit B), and a Long Form Notice (attached hereto as Exhibit C). The Long Form Notice will be posted on a Settlement Website maintained by the supervision Settlement Administrator.
C. No later than seven (7) days following the Preliminary Approval Date, for any Settlement Class Members with respect to whom Defendants’ records do not reflect an email address, Bitdefender shall provide the Settlement Administrator with the name and last known home or delivery address reflected in Bitdefender’s records.
D. No later than twenty-eight (28) days following the Preliminary Approval Date, Bitdefender will disseminate the Summary Class Notice via email to the last-known email addresses of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests at Bitdefender’s expense. The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable an email recipient to submit a Claim electronically. No later than twenty-eight (28) days following the Preliminary Approval Date, for exclusion from those Settlement Class Members with respect to whom Defendants’ records do not reflect an email address (if any), the SettlementSettlement Administrator, at the expense of the Settlement Fund, shall cause the Summary Class Notice to be sent via U.S. Mail, first class and postage prepaid, to the last-known home or delivery address provided by Bitdefender. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known addresses through the U.S. Postal Service’s National Change of Address (“NCOA”) database and update the Database as appropriate. The date on which the Summary Class Notice is disseminated to Class Members by email and U.S. Mail is referred to as the “Notice Date.” For any Settlement Class Members for whom an emailed notice is “bounced back” so as to indicate that the email address is no longer valid, within seven (7) days after dissemination of the email, Bitdefender shall provide the Settlement Administrator with the name and last known home or delivery address reflected in Bitdefender’s records, and disbursing funds from the Settlement Fund in Administrator, at the expense of the Settlement Fund, shall cause the Summary Class Notice to be sent via U.S. Mail, first class and postage prepaid (following an address update through the NCOA). If a rationalmailed notice is returned as undeliverable, responsivewithin seven (7) days thereafter, cost effectivethe Settlement Administrator will conduct a skip- trace to attempt to identify a new address for that individual, and timely mannerif a new address is identified, will re-mail the Summary Class Notice to such new address.
E. For Settlement Class Members with a valid email address, Bitdefender will send at least two follow-up reminder emails within twenty-one (21) days after the initial dissemination of class notice. The Settlement Administrator Following initial dissemination of notice by email and mail, Bitdefender shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available provide weekly updates to Class Counsel identifying: (a) the number of Settlement Class Members whose emailed notice “bounced back” and Defendant’s Counsel upon request. The (b) the number of Settlement Class Members whose emailed notice did not “bounce back.”
F. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator shall also provide reports as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and other information if a new address is obtained, will re-mail the Summary Class Notice to the Court as the Court may requirethat address. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
Defendants weekly updates identifying (da) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requestsClass Members to whom notice was sent via U.S. Mail, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(eb) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged individuals to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information whom notice sent via U.S. Mail was returned as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orundeliverable,
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 42. The Settlement Administrator shall, under Parties have agreed to request that the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from Court appoint KCC LLC as the Settlement Fund in a rational, responsive, cost effective, and timely mannerAdministrator.
43. The Settlement Administrator shall maintain reasonably detailed records will cooperate with and assist Wawa and Class Counsel with the Notice Program to be implemented in accordance with the terms of its activities under this AgreementSettlement Agreement and any orders of the Court.
44. The Settlement Administrator shall maintain all such records as are required by applicable law will administer and update the Settlement Website in accordance with its normal business practices and such records will be made available to the terms of this Settlement Agreement. Class Counsel and DefendantWawa’s Counsel upon requestwill agree on the format and content of the Settlement Website, and may agree to add information to the Settlement Website, so that it provides Class Members with accurate and timely information.
45. The Settlement Administrator will conduct Claims Administration services in accordance with the terms of the Settlement Agreement and as is typical in a settlement of this nature. The Settlement Administrator shall also provide reports conduct any additional processes jointly agreed to by Class Counsel and other information Wawa’s Counsel, subject to the Court Court’s supervision and direction as circumstances may require.
46. The Settlement Administrator shall, among other things: administer the claims submission and review process; document the number and type of claims submitted by Settlement Class Members; provide an automated call center that may include an option to request to be put in contact with one of the Interim Lead Counsel firms for more information and that will give callers the Wawa customer service number to call with any non-settlement related inquiries to Wawa’s customer service center; identify and follow up on deficient claims to give class members an opportunity to provide the necessary information; reject claims that appear to be duplicative based on the name, address, email address, and documentation provided; report to the Parties as requested regarding claims administration; permit the Parties to review and obtain supporting documentation as needed; update the Settlement Website and otherwise communicate with Class Members regarding claims administration procedures and deadlines; and prepare reports of its proposed and final determinations as to each claim in each settlement tier.
47. The Settlement Administrator may, at any time, request from each claimant, in writing, additional information as the Court Settlement Administrator may requirereasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, and information regarding the claimed fraudulent transactions. For all claims, the Settlement Administrator’s initial review will be limited to a determination of whether the claim is duplicative of another claim.
48. Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation to determine whether the claim is facially valid, the Settlement Administrator shall request additional information from the claimant and give the claimant thirty (30) days to cure the defect before rejecting the claim. The Settlement Administrator shall request any Claim Form supplementation within thirty (30) days of receipt of such Claim Form. In the event of unusual circumstances interfering with compliance with the 30-day cure period, the claimant may request and, for good cause shown (illness, military service, absence from the United States, delivery failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30-day deadline in which to comply. However, in no event shall the deadline be extended to later than three months after the Claims Filing Deadline without express approval from the Parties. If the defect is not cured within the required period, then the claim will be deemed invalid and Wawa shall have no obligation to pay the claim.
49. On a bi-weekly basis, the Settlement Administrator shall make the claims it has accepted and that are not duplicative available electronically to Class Counsel and Wawa’s Counsel. Within one month of the Claims Filing Deadline, the Settlement Administrator shall make all such claims available to Class Counsel and Wawa’s Counsel. Class Counsel shall undertake a reasonable review of each claim to determine whether it meets the requirements of this Settlement Agreement, contains all of the required information on the Claim Form, and provides what appears to be the required documentation. Class Counsel may reject as invalid any claim that does not meet the foregoing requirements by notifying the Settlement Administrator and Wawa’s Counsel. Within 30 days of the Claims Filing Deadline, Class Counsel shall then certify to Wawa’s Counsel that any claims not rejected meet the requirements of this paragraph. Wawa’s Counsel may audit any or all of the claims so certified and may, within 30 days after Class Counsel’s certification, raise issues with any claims for discussion with Class Counsel. The parties shall meet and confer in good faith to resolve any disputed claims and shall, within 75 days after the Claims Filing Deadline either: (a) inform the Settlement Administrator of which accepted claims should be rejected; or (b) seek a ruling from the Court on any remaining disputed claims. The accepted claims not rejected by this process shall be the “Approved Claims.” The Parties mutually agree to extend these deadlines if the circumstances dictate that a reasonable extension is warranted.
50. Within one month after Class Counsel and Wawa’s Counsel complete the process above, the Settlement Administrator shall provide Class Counsel and DefendantWawa’s Counsel with regular reports at weekly intervals containing information concerning Noticea final list of the Approved Claims for each Tier together with each approved claimant’s name, administrationaddress, email address, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report access to the Court summarizing Claim Form and related documentation submitted by the work performed by claimant. Wawa, the Settlement Administrator, including and the third-party vendor assisting Wawa with distribution of the Wawa Gift Cards at Wawa’s expense shall work together to facilitate a commercially reasonable format for the transmission of this data. The Parties may mutually agree to extend this deadline if the circumstances dictate that a reasonable extension is warranted.
51. Within thirty (30) days of receiving the final report of all amounts from approved claims for Tier One and Tier Two, Wawa will: (a) at its expense cause the Wawa Gift Cards to be distributed by email to those Settlement Class Members in Tier One and Tier Two on the final report of approved claims; and (b) make a payment as directed by the Settlement Fund paid Administrator in the aggregate total amount of the accepted and approved Tier Three claims.
52. The Settlement Administrator will mail checks to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, Tier Three within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms receiving payment from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable noticeWawa.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner17. The Settlement Administrator shall maintain reasonably detailed records be retained by Lead Counsel subject to the approval and jurisdiction of its activities under this Agreementthe Court.
18. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of administer the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Noticesthe process of receiving, follow-up class notices reviewing, and approving or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with denying Claims under Lead Counsel’s supervision and subject to the jurisdiction of the Court. Defendants shall have no responsibility for the administration of the Settlement Class, and shall have no liability to Class Members or Lead Counsel in connection with this administration. Lead Counsel shall designate a contact person at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;whom Defendants may refer all inquiries they receive from potential Claimants.
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof19. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the The Settlement Administrator shall promptly provide copies thereof to Class Counsel receive Claims and Defendant’s Counsel;
(d) Receive requests to be excluded from determine, first, whether the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejectedis an Authorized Claim, in whole or in part; and second, each Authorized Claimant’s pro rata share of the Net Cash Settlement Amount based upon each Authorized Claimant’s Recognized Claim (as calculated pursuant to the Plan of Allocation set forth in the Notice annexed hereto as Exhibit A-1, or in such other plan of allocation as the Court approves).
20. The Plan of Allocation contained in Exhibit A-1 hereto is not a necessary term of this Settlement Agreement, and it is not a condition of this Settlement Agreement that any particular plan of allocation be approved. No Defendant shall have any involvement with or liability, obligation or responsibility whatsoever for the application of the Court-approved plan of allocation.
21. Each Authorized Claimant shall be allocated a pro rata share of the Net Cash Settlement Amount based on his, her or its Recognized Claim compared to the total Recognized Claims of all Authorized Claimants.
22. Any Class Member who does not submit a valid Claim Form will not be entitled to receive any distribution from the Net Cash Settlement Amount, but will otherwise be bound by all of the terms of this Settlement Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Plaintiffs’ Claims.
23. Lead Counsel shall be responsible for supervising the administration of the Settlement and disbursement of the Net Cash Settlement Amount by the Settlement Administrator; and
. Defendants shall have no liability, obligation or responsibility for the administration of the Settlement or disbursement of the Net Cash Settlement Amount (f) Make available except to provide the aforementioned list of holders of Array common stock during the Class Period). Defendants shall not be permitted to review, contest or object to any submitted Claim Form or any decision of the Settlement Administrator or Lead Counsel with respect to accepting or rejecting any submitted Claim Form or Claim for inspection payment by a Class Member. Lead Counsel shall have the right, but not the obligation, to waive what it deems to be formal or Defendant’s Counsel the technical defects in any Claim Forms submitted in the interests of achieving substantial justice.
24. For purposes of determining the extent, if any, to which a Class Member shall be entitled to be treated as an Authorized Claimant, the following conditions shall apply: Each Class Member shall be required to submit a Claim Form substantially in the form attached hereto as Exhibit A-2, supported by such documents as are designated therein, including proof of the Claimant’s loss, or such other documents or proof as the Settlement Administrator or Lead Counsel, in their discretion, may deem acceptable. All Claim Forms must be submitted by the date set by the Court in the Preliminary Approval Order and specified in the Notice, unless such deadline is extended by Order of the Court. Any Class Member who fails to submit a Claim Form by such date shall be forever barred from receiving any distribution from the Net Cash Settlement Amount or payment pursuant to this Settlement Agreement (unless, by Order of the Court, late-filed Claim Forms are accepted), but shall in all other respects be bound by all of the terms of this Settlement Agreement and the Settlement including the terms of the Judgment and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Plaintiffs’ Claims. A Claim Form shall be deemed to be submitted when posted, if received with a postmark indicated on the envelope and if mailed by first-class mail and addressed in accordance with the instructions thereon. In all other cases, a Claim Form shall be deemed to have been submitted on the date when actually received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator Administrator. Each Claim Form shall be obliged submitted to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence reviewed by the Settlement Administrator, under the supervision of abuse or fraud. The Settlement Administrator Lead Counsel, who shall determine whether a in accordance with this Settlement Agreement and the Court-approved plan of allocation, the extent, if any, to which each Claim Form submitted shall be allowed, subject to review by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Court pursuant to subparagraph (e) below. Claim Forms that fail do not meet the submission requirements may be rejected. Prior to (a) comply with the instructions on the rejecting a Claim Form in whole or the terms of this Agreementin part, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall communicate with the Claimant in writing, to give the Claimant the chance to remedy any curable deficiencies in the Claim Form submitted. The Settlement Administrator, under the supervision of Lead Counsel, shall notify, in a timely fashion and in writing, all Claimants whose Claim they propose to reject in whole or in part, setting forth the reasons therefore, and shall indicate in such Person one (1) reasonable opportunity notice that the Claimant whose claim is to provide any requested missing information, which information must be received rejected has the right to a review by the Settlement Administrator no later than thirty Court if the Claimant so desires and complies with the requirements of subparagraph (30e) below. If any Claimant whose Claim has been rejected in whole or in part desires to contest such rejection, the Claimant must, within twenty (20) calendar days after the Claims Deadline. In date of mailing of the event notice required in subparagraph (d) above, serve upon the Settlement Administrator receives such information more than thirty (30) days after a notice and statement of reasons indicating the Claims DeadlineClaimant’s grounds for contesting the rejection along with any supporting documentation, then any such claim and requesting a review thereof by the Court. If a dispute concerning a Claim cannot be otherwise resolved, Lead Counsel shall thereafter present the request for review to the Court.
25. Each Claimant shall be denied. The Settlement Administrator may contact any Person who has deemed to have submitted a Claim Form to obtain additional information necessary the jurisdiction of the Court with respect to verify the Claimant’s Claim, and the Claim Formwill be subject to investigation and discovery under the Federal Rules of Civil Procedure, provided, however, that such investigation and discovery shall be limited to that Claimant’s status as a Class Member and the validity and amount of the Claimant’s Claim. No discovery shall be allowed on the merits of the Action or Settlement in connection with the processing of Claim Forms.
5.3 Defendant’s Counsel and Class Counsel shall have 26. Following the right date on which the Settlement is no longer subject to challenge the acceptance further appeal or rejection of a Claim Form submitted review, whether by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity exhaustion of any disputed submitted Claim Form possible appeal, lapse of time, or request for exclusion. To the extent Class Counsel otherwise, and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have has completed processing all of the right Claims submitted in connection with the Settlement, Lead Counsel will apply to reasonably request additional information from the Parties or any Settlement Court, on notice to Defendants’ Counsel, for a Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect toDistribution Order: (ia) any act, omission, or determination by Class Counsel, or approving the Settlement Administrator, or ’s administrative determinations concerning the acceptance and rejection of the Claims submitted; (b) approving payment of any of their respective designees or agents, in connection unpaid Notice and Administrative Expenses associated with the administration of the Settlement or otherwisefrom the Escrow Account; and (c) if the Effective Date has occurred, directing payment of the Net Cash Settlement Amount to the Authorized Claimants.
27. Upon entry of the Class Distribution Order, the Net Cash Settlement Amount (which excludes (i) the Attorneys’ Fees and Expenses Award, (ii) Notice and Administrative Expenses incurred, (iii) estimated Notice and Administrative Expenses for distributing the managementNet Cash Settlement Amount to eligible Settlement Class Members, investmentand (iv) any taxes paid or to be paid on the Settlement Amount (and accumulated interest) and related tax preparation expenses) shall be promptly distributed to Authorized Claimants in accordance with the plan of allocation approved by the Court.
28. In the event that the Settlement is no longer subject to further appeal or review, or the Settlement Administrator has completed processing all of the Claims submitted in connection with the Settlement, and the Court has entered an order authorizing distribution of the Settlement Fund; proceeds to the Class, but the Attorneys’ Fees and Expenses Award is on appeal or subject to further appeal or review, Lead Counsel may conduct a partial distribution of the Net Cash Settlement Amount to eligible members of the Class after setting aside and holding in reserve the amount of attorneys’ fees and expenses at issue on appeal.
29. If there is any balance remaining in the Net Cash Settlement Amount after nine (iii9) months from the allocation date of distribution of the Net Cash Settlement Funds Amount (whether by reason of tax refunds, uncashed checks, or otherwise), Lead Counsel shall, if economically feasible, reallocate such balance among Authorized Claimants in an equitable and economic fashion. Lead Counsel shall conduct further re-distributions of the Net Cash Settlement Amount to Authorized Claimants until it is determined that further re-distributions are not economically feasible. Thereafter, any balance that still remains in the Net Cash Settlement Amount shall be donated to the Investor Protection Trust or other appropriate non-profit organization to be selected by Lead Counsel.
30. Payment pursuant to the Class Distribution Order shall be final and conclusive against all Class Members. All Class Members or whose Claims are not approved by the implementationCourt shall be barred from participating in distributions from the Net Cash Settlement Amount, but otherwise shall be bound by all of the terms of this Settlement Agreement and the Settlement, including the terms of the Judgment to be entered in the Action and the Releases provided for herein and therein, and will be barred and enjoined from bringing any action against any and all of the Releasees concerning any and all of the Released Plaintiffs’ Claims.
31. All proceedings with respect to the administration, or interpretation thereof; (iv) processing and determination of Claims and the determinationdetermination of all controversies relating thereto, administrationincluding disputed questions of law and fact with respect to the validity of Claims, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of subject to the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order jurisdiction of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 25. All agreed upon and reasonable Notice and Settlement Administration Costs will be paid from the Settlement Fund.
26. The Parties agree to solicit and did solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, in order to contain the administration costs while still providing effective notice to the Settlement Class Members.
27. The Settlement Administrator shall, under the supervision will provide written notice by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the Notice Date to object to the Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request.
28. The Settlement Administrator shall also provide reports and other information notice via publication to the Court as extent such notice is deemed appropriate by the Court may requireSettlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances.
29. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of will cause the Settlement Agreement. Should the Court request, the Parties shall submit a timely report Notice Program to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before Agreement and any orders of the Court. The Settlement Administrator is required may request the assistance of the Parties to or intends facilitate providing notice and to publish or use accomplish such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case other purposes as may be approved by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to both Class Counsel and Defendant’s Counsel;. The Parties shall reasonably cooperate with such requests.
(d) Receive requests to be excluded from 30. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement Class Agreement and other requests and promptly provide any additional processes agreed to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to by both Class Counsel and Defendant’s Counsel, subject to the Court’s supervision and direction as circumstances may require.
31. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadline.
32. The Settlement Administrator will review and evaluate each Claim Form, including without limitationany required documentation submitted, reports regarding for validity, timeliness, and completeness.
33. If, in the number determination of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely but incomplete or inadequately supported Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise completeForm, then the Settlement Administrator shall give such Person the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (121) reasonable opportunity Days from the date of the written notice to provide any requested missing information, which information must be received by cure the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denieddeficiencies. The Settlement Administrator may contact any Person who has submitted a Claim Form will provide notice of deficiencies concurrently to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have Counsel. If the right to challenge defect is not cured within the acceptance or rejection of 21- Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form submitted by an Unidentified Settlement Class Memberdeemed defective but timely cured, as well as any request for exclusionshall be considered “Claimants.”
34. The Settlement Administrator shall follow any agreed decisions will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusionextent necessary to resolve claims determination issues pursuant to this Settlement Agreement. To the extent Class Counsel and or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Defendant’s Counsel are not able may reasonably require.
35. Subject to agree on the disposition terms and conditions of a challengethis Settlement Agreement, forty-five (45) Days after the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this AgreementEffective Date, the Settlement Administrator shall have the right to reasonably request additional information from the Parties mail or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, otherwise provide a payment via check (“Claim Check”) or liability whatsoever digital payment selected in consultation with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement AdministratorAdministrator (collectively, or any of “Claim Payment”) to each Claimant for their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution pro rata share of the Settlement Fund; (iii) , in accordance with the allocation following distribution procedures:
a. The Settlement Administrator shall utilize the Net Settlement Fund to make all Cash Compensation payments as described in Paragraph 25. The amount of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or each Cash Compensation payment of any claims asserted against shall be calculated by dividing the Settlement Fund by the number of valid claims for Cash Compensation.
36. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued.
37. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund; , if any, shall be distributed by mutual agreement of the Parties and the Court.
38. For any Claim Check returned to the Settlement Administrator as undeliverable (v) any losses suffered byincluding, or fluctuations in value ofbut not limited to, when the intended recipient is no longer located at the address), the Settlement Fund; or Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (vi30) Days after the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by check is returned to the Settlement Administrator pursuant as undeliverable. The Settlement Administrator shall only make one attempt to this Agreement and without further order resend a Claim Check.
39. No portion of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Net Settlement Fund shall revert or be paid out repaid to Defendant after the Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement shall be distributed according to the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orprovisions outlined in Paragraph 37.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 70. Settlement Class Counsel and BPNA’s Counsel shall jointly select the Settlement Administrator for approval by the Court by the time this Agreement is executed. The Settlement Administrator shall, under the supervision shall administer various aspects of the CourtSettlement as described in Paragraph 72 below and perform such other functions assigned to the Settlement Administrator elsewhere in this Agreement, administer including, but not limited to: providing Mailed Notice to the relief provided by putative Settlement Class Members; effectuating the Notice Program pursuant to Section X below; and distributing the Settlement Consideration to claiming Settlement Class Members. Settlement Class Counsel and BPNA counsel shall jointly supervise and oversee the Settlement Administrator.
71. The Parties agree to the following schedule with respect to the payment of the costs of Settlement Notice, Settlement Administration and claims administration:
1) BPNA agrees to pay the first $250,000 of the combined cost of notice and claims administration;
2) Settlement Class Counsel agrees to pay the next $100,000 of the combined cost of notice and claims administration; and
3) BPNA and Settlement Class Counsel agree to each pay one-half of any costs of notice and claims administration in excess of $350,000. To the extent any part of these notice and administration costs are to be paid pursuant to the Minimum Payment provision described in Paragraph 78, for the avoidance of doubt, the parties will treat any such payments as if paid in the order set forth in this Paragraph 71.2
72. The duties of the Settlement Agreement by processing Claim Forms submitted by Unidentified Administrator, in addition to other responsibilities that are described in this Agreement, are as follows:
a. Obtain from BPNA name and last known mailing address information (to the extent it is reasonably available) of Settlement Class Members, processing and to the extent necessary, verify and update the addresses received through the National Change of Address database for the purpose of mailing the Mailed Notice to Settlement Class Members, and later mailing distribution checks to Settlement Class Members;
b. Administering the Notice Program approved by the Court;
c. Establish and maintain a Post Office box for requests for exclusion from the Settlement, Settlement Class;
d. Establish and disbursing funds from maintain the Settlement Fund Website;
e. Administering the claims process and processing claim forms submitted by Settlement Class Members; 2 Example #1: If only $350,000 in a rationalQualified Claims are submitted, responsive$200,000 will remain under the Minimum Payment. That $200,000 remainder will be applied to BPNA’s initial layer ($250,000) of notice and administration costs. BPNA then will be responsible for the next $50,000 in notice and administration costs. Settlement Class Counsel will then be responsible for the next $100,000 in notice and administration costs. Any remaining notice and administration costs will be paid one-half by BPNA and one-half by Settlement Class Counsel. Example #2: If only $250,000 in Qualified Claims are submitted, cost effective, and timely manner$300,000 will remain under the Minimum Payment. The Settlement Administrator shall maintain reasonably detailed records first $250,000 of its activities under this Agreementthat remainder will be applied to BPNA’s initial ($250,000) layer of notice and administration costs. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records $50,000 remainder then will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid applied to Settlement Class Members on account Counsel’s layer ($100,000) of Approved Claimsnotice and administration costs. Without limiting Settlement Class Counsel will be responsible for the foregoing, the next $50,000 in notice and administration costs. Any remaining notice and administration costs will be paid one-half by BPNA and one-half by Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 30. All Notice and Settlement Administration Costs will be paid from the Settlement Fund.
31. The Parties agree to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator.
32. The Settlement Administrator shall, under the supervision will provide Postcard Notice to all Settlement Class Members by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom they are provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of its activities under this Agreement. The the Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available Class or object to Class Counsel and Defendant’s Counsel upon requestthe Settlement.
33. The Settlement Administrator shall also provide reports notice via publication if necessary and other information to the Court as extent such notice is deemed appropriate by the Court may requireParties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances.
34. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of will cause the Settlement Agreement. Should the Court request, the Parties shall submit a timely report Notice Program to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel and DefendantLSSI’s Counsel Counsel. The Parties shall reasonably cooperate with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with such requests.
35. The Settlement Class Members, telephone scripts, website postings or language or other communications Administrator will administer the claims process in accordance with the Settlement Class, at least five (5) business days before terms of the Settlement Administrator is required and any additional processes agreed to or intends to publish or use such communications, unless by all of Class Counsel and Defendant▇▇▇▇’s Counsel agree Counsel, subject to waive this requirement in writing on case by case basis;the Court’s supervision and direction as circumstances may require.
(c) Receive 36. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereofForm. If A Claim Form shall be submitted online at the Settlement Administrator receives any Claim Forms after Website or by U.S. mail and must be postmarked no later than the Claim Deadline.
37. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness.
38. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall promptly give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide copies thereof notice of deficiencies concurrently to Class Counsel and DefendantLSSI’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.”
39. The Settlement Administrator receives any exclusion forms will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to LSSI, Class Counsel, and LSSI’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. LSSI or the Settlement Administrator will provide other requests reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as LSSI may reasonably require.
40. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the deadline for the submission of such forms and requestsEffective Date, the Settlement Administrator shall promptly mail or otherwise provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(eClaimants who selected Credit Monitoring services under Paragraph 28(d) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available with enrollment instructions for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable noticethose services.
5.2 The Settlement Administrator shall be obliged 41. Subject to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms and conditions of this Settlement Agreement, or fourteen (b14) provide full and complete information as requested on Days after the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise completeEffective Date, then the Settlement Administrator shall give such Person one mail or otherwise provide a payment via check (1“Claim Check”) reasonable opportunity or digital payment selected in consultation with Class Counsel (collectively, “Claim Payment”) to provide any requested missing information, each Claimant in the amount for which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who each Claimant has submitted a Claim Form to obtain additional information necessary to verify approved by the Claim Form.Settlement Administrator or by the Court, for good cause shown, in accordance with the following distribution procedures:
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. a. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel will first apply the Net Settlement Fund to pay for Credit Monitoring services as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ described in Paragraph 28(d) claimed by ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ willAfter payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 28(a)), Compensation for Lost Time (as described in Paragraph 28(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund.”
5.4 In b. The Settlement Administrator shall then utilize the exercise Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 27. The amount of its duties outlined each Alternative Cash Payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments. Alternative Cash Payments shall be capped at $500 per valid Claimant.
42. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued.
43. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment they received, provided that (I) the total amount of money each such Claimant would receive as a result of this Agreementsubsequent payment does not exceed $500 when added to the initial Alternative Cash Payment made to such Claimants; and (II) the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). Subject to the foregoing aggregate $500 cap on Alternative Cash Payments to each Claimant, the distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it. Subject to Court approval and administrative feasibility, the distribution to the Non-Profit Residual Recipient shall not identify LSSI.
44. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall have make reasonable efforts to find a valid address and resend the right Claim Check within thirty (30) Days after the check is returned to reasonably request additional information from the Parties or any Settlement Class MemberAdministrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation 45. No portion of the Settlement Fund shall revert or be repaid to LSSI after the filing Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of any federal, state, or local returns.
5.6 All taxes and tax expenses this Agreement shall be paid out of distributed to the Settlement Fund and shall be timely paid Non-Profit Residual Recipient, as approved by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 24. All agreed upon and reasonable Notice and Settlement Administration Costs will be paid by the Defendant.
25. The Parties agreed to solicit and did solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Email Notice, and to utilize other appropriate forms of notice where practicable, in order to contain the administration costs while still providing effective notice to the Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner.
26. The Settlement Administrator will provide Email Notice of the settlement terms to all Settlement Class Members. To the extent there are any bounce backs or undeliverable emails, the Settlement Administrator may perform skip-tracing then mail notice via U.S. mail to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall maintain reasonably detailed records of its activities under this have sixty (60) Days from the Notice Date to object to the Settlement Agreement.
27. The Settlement Administrator shall maintain all may also provide notice via publication to the extent such records as are required notice is deemed appropriate by applicable law the Settlement Administrator in accordance consultation with its normal business practices and such records will be made available the Parties in order to Class Counsel and Defendant’s Counsel upon requestprovide the best notice practicable under the circumstances.
28. The Settlement Administrator shall also provide reports and other information will cause the Notice Program to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before Agreement and any orders of the Court. The Settlement Administrator is required may request the assistance of the Parties to or intends facilitate providing notice and to publish or use accomplish such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case other purposes as may be approved by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to both Class Counsel and Defendant’s Counsel;. The Parties shall reasonably cooperate with such requests.
(d) Receive requests to be excluded from 29. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement Class Agreement and other requests and promptly provide any additional processes agreed to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to by both Class Counsel and Defendant’s Counsel, subject to the Court’s supervision and direction as circumstances may require.
30. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form may be submitted online at the Settlement Website.
31. The Settlement Administrator will review and evaluate each Claim Form, including without limitationany required documentation submitted, reports regarding for validity, timeliness, and completeness.
32. If, in the number determination of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely but incomplete or inadequately supported Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise completeForm, then the Settlement Administrator shall give such Person the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (3021) days after from the Claims Deadline, then any such claim shall be denieddate of the written notice to cure the deficiencies. The Settlement Administrator may contact any Person who has submitted a Claim Form will provide notice of deficiencies concurrently to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have Counsel. If the right to challenge defect is not cured within the acceptance or rejection of 21- Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form submitted by an Unidentified Settlement Class Memberdeemed defective but timely cured, as well as any request for exclusionshall be considered “Claimants.”
33. The Settlement Administrator shall follow any agreed decisions will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusionextent necessary to resolve claims determination issues pursuant to this Settlement Agreement. To the extent Class Counsel and or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Defendant’s Counsel are not able may reasonably require.
34. Subject to agree on the disposition terms and conditions of a challengethis Settlement Agreement, forty-five (45) Days after the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this AgreementEffective Date, the Settlement Administrator shall mail or otherwise provide a settlement benefit payment via check (“Claim Check”) or digital payment selected in consultation with the Settlement Administrator (collectively, “Claim Payment”) to each Claimant determined to have made a valid claim, in accordance with the right following distribution procedures:
35. Each Claim Check shall be mailed to reasonably request additional information from the Parties address provided by the Claimant on his or any Settlement Class Memberher Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued.
5.5 Defendant36. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Released Parties, Settlement Administrator shall make reasonable efforts to find a valid address and Defendant’s Counsel resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) only make one attempt to resend a Claim Check.
37. To the extent any act, omission, or determination by Class Counsel, or monies remain in the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; ’s possession ninety (ii90) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by days after the Settlement Administrator pursuant to this Agreement and without further order of completes the Court. Any tax returns prepared process for the Settlement Fund (stopping payment on any Claim Checks that remain uncashed as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on Paragraph 35 above, the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orbalance will revert back to Defendant.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 30. All agreed upon and reasonable Federal Rule of Civil Procedure 23 Notice and Settlement Administration Costs will be paid from the Settlement Fund.
31. Class Counsel represent that (i) they solicited competitive bids for settlement administration, including Notice and Settlement Administration Costs, (ii) they believe that Short- Form Notice via email or postcard is appropriate under the circumstances, and (iii) they will direct the Settlement Administrator to utilize other appropriate forms of notice where practicable, in order to contain the administration costs while still providing effective notice to the Settlement Class Members.
32. The Settlement Administrator shall, under the supervision will provide written notice of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendants have provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address or email address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreementperform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip- tracing.
33. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will cause the Notice Program to be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed effectuated in accordance with the terms of the Settlement Agreement and any orders of the Court.
34. The Settlement Administrator will administer the settlement processes as set forth in this Agreement;Agreement and as directed by Class Counsel, subject to the Court’s supervision and direction as circumstances may require.
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents35. To make a claim, including but not limited to CAFA Notices, follow-up class notices or communications with a Settlement Class MembersMember must complete and submit a valid, telephone scriptstimely, website postings or language or other communications with and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Class, at least five (5) business days before Website or by U.S. mail and must be submitted on the Settlement Administrator is required to Website or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on postmarked (as the case by case basis;
(cmay be) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after no later than the Claim Deadline.
36. The Settlement Administrator will review and evaluate each Claim Form for validity, timeliness, and completeness.
37. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete Claim Form, the Settlement Administrator shall promptly give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty (20) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide copies thereof notice of deficiencies concurrently to Defendants’ Counsel and Class Counsel. If the defect is not cured within the 20-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.”
38. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of a Final Approval Order and Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the extent necessary to resolve claims determination issues pursuant to this Settlement Class and other requests and promptly provide to Agreement. Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If or the Settlement Administrator receives any exclusion forms will provide other reports or other requests information that the Court or Parties may request.
39. Subject to the terms and conditions of this Settlement Agreement, thirty (30) Days after the deadline for the submission of such forms and requestsEffective Date, the Settlement Administrator shall promptly mail or otherwise provide copies thereof a payment via check (“Claim Check”) or electronic means (collectively, a “Settlement Payment”) to each Settlement Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding Member for their pro rata share of either the number of Claim Forms received, Sensitive Test Settlement Fund or the number approved by the Non-Sensitive Test Settlement Administrator, and the categorization and description of Claim Forms rejectedFund, in whole or in part, by accordance with the Settlement Administrator; andfollowing distribution procedures:
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 a. The Settlement Administrator shall utilize the Sensitive Test Settlement Fund and the Non-Sensitive Test Settlement Fund to make all Settlement Payments.
b. The amount of each Settlement Payment shall be obliged calculated by dividing (i) the amount of cash available in the Sensitive Test Settlement Fund after payment of 52.8% of the Notice and Settlement Administration Costs incurred in the administration of both the Sensitive Test and Non-Sensitive Test Fund, and 52.8% of any attorneys’ fees and costs and expenses and Service Awards approved by the Court, by the number of valid Sensitive Test Subclass Claimants; and (ii) the amount of cash available in the Non-Sensitive Test Settlement Fund after payment of 47.2% of the Notice and Settlement Administration Costs incurred in the administration of both the Sensitive Test and Non-Sensitive Test Fund, and 47.2% of any attorneys’ fees and costs and expenses and Service Awards approved by the Court, by the number of valid Non-Sensitive Test Subclass Claimants.
40. The Settlement Administrator, in its sole discretion to employ be reasonably exercised, will determine, using Settlement Class Member information provided by Defendants regarding the products purchased by the Settlement Class Members, whether a Settlement Class Member is a Sensitive Test Subclass Member to be paid from the Sensitive Test Settlement Fund in accordance with the benefits structure described in Paragraph 27, or a Non-Sensitive Test Subclass Member to be paid from the Non-Sensitive Test Settlement Fund in accordance with the benefits structure described in Paragraph 28.
41. Each Settlement Payments shall be emailed to the email address provided or mailed if no email address is available by the Settlement Class member. All Settlement Payments issued under this section shall be void if not negotiated within sixty (60) Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within sixty (60) Days of their date of issue shall not be reissued.
42. To the extent any monies remain in the Settlement Fund, Sensitive Test Settlement Fund, or Non-Sensitive Test Settlement Fund more than sixty (60) Days after the Settlement Administrator mails the last Settlement Payment, including any and all re-issued Settlement Payments, the cy pres distribution of the remaining Net Settlement Fund shall be made to the charitable organization agreed upon by the Parties and approved by the Court.
43. For any Settlement Payments returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable procedures efforts to screen claims for abuse or fraud find a valid address and deny Claim Forms where there resend the Settlement Payment within thirty (30) Days after the check is evidence of abuse or fraudreturned to the Settlement Administrator as undeliverable. The Settlement Administrator shall determine whether a Claim Form submitted by make only one attempt to resend a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim FormPayment.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 27. All agreed upon and reasonable Federal Rule of Civil Procedure 23 Notice and Settlement Administration Costs will be paid from the Settlement Fund.
28. Class Counsel represent that (i) they solicited competitive bids for settlement administration, including Notice and Settlement Administration Costs, (ii) they believe that Postcard Notice and/or email notice is appropriate under the circumstances, and (iii) they will direct the Settlement Administrator to utilize other appropriate forms of notice where practicable, in order to contain the administration costs while still providing effective notice to the Settlement Class Members.
29. The Settlement Administrator shall, under the supervision will provide written notice of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address or email address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreementperform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip- tracing.
30. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will cause the Notice Program to be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed effectuated in accordance with the terms of the Settlement Agreement and any orders of the Court.
31. The Settlement Administrator will administer the settlement processes as set forth in this Agreement;Agreement and as directed by Class Counsel, subject to the Court's supervision and direction as circumstances may require.
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents32. To make a claim, including but not limited to CAFA Notices, follow-up class notices or communications with a Settlement Class MembersMember must complete and submit a valid, telephone scriptstimely, website postings or language or other communications with and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Class, at least five (5) business days before Website or by U.S. mail and must be submitted on the Settlement Administrator is required to Website or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on postmarked (as the case by case basis;
(cmay be) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after no later than the Claim Deadline.
33. The Settlement Administrator will review and evaluate each Claim Form for validity, timeliness, and completeness.
34. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete Claim Form, the Settlement Administrator shall promptly give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty (20) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide copies thereof notice of deficiencies concurrently to Defendant's Counsel and Class Counsel. If the defect is not cured within the 20-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but timely cured, shall be considered “Claimants.”
35. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of a Final Approval Order and Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the extent necessary to resolve claims determination issues pursuant to this Settlement Class and other requests and promptly provide to Agreement. Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If or the Settlement Administrator receives any exclusion forms will provide other reports or other requests information that the Court or Parties may request.
36. Subject to the terms and conditions of this Settlement Agreement, thirty (30) Days after the deadline for the submission of such forms and requestsEffective Date, the Settlement Administrator shall promptly mail or otherwise provide copies thereof a payment via check (“Claim Check”) or electronic means (collectively, a “Settlement Payment”) to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding each Claimant for their pro rata share of the number of Claim Forms received, the number approved by the Net Settlement Administrator, and the categorization and description of Claim Forms rejectedFund, in whole or in part, by accordance with the Settlement Administrator; andfollowing distribution procedures:
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 a. The Settlement Administrator shall utilize the Net Settlement Fund to make all Settlement Payments.
b. The amount of each Settlement Payment shall be obliged calculated by dividing the Net Settlement Fund by the number of valid Claimants.
37. Each Claim Check shall be mailed to employ the address provided by the Claimant on their Claim Form. All Claim Checks issued under this section shall be void if not negotiated within one hundred twenty (120) Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within one hundred twenty (120) Days of their date of issue shall not be reissued.
38. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the Settlement Administrator mails the last Settlement Payment, including any and all re-issued Settlement Payments, the cy pres distribution of the remaining Net Settlement Fund shall be made to the charitable organization agreed upon by the Parties and accepted by the Court.
39. For any Settlement Payments returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable procedures efforts to screen claims for abuse or fraud find a valid address and deny Claim Forms where there resend the Settlement Payment within thirty (30) Days after the check is evidence of abuse or fraudreturned to the Settlement Administrator as undeliverable. The Settlement Administrator shall determine whether a Claim Form submitted by make only one attempt to resend a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim FormPayment.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 25. All agreed upon and reasonable Notice and Settlement Administration Costs will be paid from the Settlement Fund.
26. The Parties agree to solicit and did solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, in order to contain the administration costs while still providing effective notice to the Settlement Class Members.
27. The Settlement Administrator shall, under the supervision will provide written notice by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom Defendant has provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records of its activities under this perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have thirty (30) Days from the Notice Date to object to the Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request.
28. The Settlement Administrator shall also provide reports and other information notice via publication to the Court as extent such notice is deemed appropriate by the Court may requireSettlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances.
29. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of will cause the Settlement Agreement. Should the Court request, the Parties shall submit a timely report Notice Program to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before Agreement and any orders of the Court. The Settlement Administrator is required may request the assistance of the Parties to or intends facilitate providing notice and to publish or use accomplish such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case other purposes as may be approved by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to both Class Counsel and Defendant’s Counsel;. The Parties shall reasonably cooperate with such requests.
(d) Receive requests to be excluded from 30. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement Class Agreement and other requests and promptly provide any additional processes agreed to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to by both Class Counsel and Defendant’s Counsel, subject to the Court’s supervision and direction as circumstances may require.
31. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be postmarked no later than the Claims Deadline.
32. The Settlement Administrator will review and evaluate each Claim Form, including without limitationany required documentation submitted, reports regarding for validity, timeliness, and completeness.
33. If, in the number determination of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely but incomplete or inadequately supported Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise completeForm, then the Settlement Administrator shall give such Person the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (121) reasonable opportunity Days from the date of the written notice to provide any requested missing information, which information must be received by cure the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denieddeficiencies. The Settlement Administrator may contact any Person who has submitted a Claim Form will provide notice of deficiencies concurrently to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have Counsel. If the right to challenge defect is not cured within the acceptance or rejection of 21- Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form submitted by an Unidentified Settlement Class Memberdeemed defective but timely cured, as well as any request for exclusionshall be considered “Claimants.”
34. The Settlement Administrator shall follow any agreed decisions will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Defendant, Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusionextent necessary to resolve claims determination issues pursuant to this Settlement Agreement. To the extent Class Counsel and or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Defendant’s Counsel are not able may reasonably require.
35. Subject to agree on the disposition terms and conditions of a challengethis Settlement Agreement, forty-five (45) Days after the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this AgreementEffective Date, the Settlement Administrator shall have the right to reasonably request additional information from the Parties mail or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, otherwise provide a payment via check (“Claim Check”) or liability whatsoever digital payment selected in consultation with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement AdministratorAdministrator (collectively, or any of “Claim Payment”) to each Claimant for their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution pro rata share of the Settlement Fund; (iii) , in accordance with the allocation following distribution procedures:
a. The Settlement Administrator shall utilize the Net Settlement Fund to make all Cash Compensation payments as described in Paragraph 25. The amount of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or each Cash Compensation payment of any claims asserted against shall be calculated by dividing the Settlement Fund by the number of valid claims for Cash Compensation.
36. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued.
37. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) Days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than Three Dollars and Zero Cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund; , if any, shall be distributed by mutual agreement of the Parties and the Court.
38. For any Claim Check returned to the Settlement Administrator as undeliverable (v) any losses suffered byincluding, or fluctuations in value ofbut not limited to, when the intended recipient is no longer located at the address), the Settlement Fund; or Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (vi30) Days after the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by check is returned to the Settlement Administrator pursuant as undeliverable. The Settlement Administrator shall only make one attempt to this Agreement and without further order resend a Claim Check.
39. No portion of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Net Settlement Fund shall revert or be paid out repaid to Defendant after the Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement shall be distributed according to the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts orprovisions outlined in Paragraph 37.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely manner7.1. The Settlement Administrator shall maintain administer and calculate the Settlement Claims submitted by Settlement Class Members. Class Counsel and Defendants’ counsel shall periodically be given reports as to both Settlement Claims and distribution, and have the right to review and obtain supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate. The determination by the Settlement Administrator of the validity or invalidity of DocuSign Envelope ID: D44897A2-4B3B-489D-A18C-07D1310DC494 all Settlement Claims shall be binding, subject to the dispute resolution process set forth in ¶ 7.2.
7.2. For each Settlement Claim submitted, the Settlement Administrator, in its sole discretion to be reasonably detailed records of its activities under this Agreementexercised, will determine whether:
(1) the claimant is a Settlement Class Member; and (2) the claimant has provided all information required to complete the Claim Form by the Claims Deadline. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports may, at weekly intervals containing information concerning Noticeany time, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts request from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoingclaimant, in writing, additional information as the Settlement Administrator shall:
(a) Forward may reasonably require in order to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with evaluate the Settlement Class, at least five (5) business days before the Settlement Administrator is required to Claim.
7.2.1. Upon receipt of an incomplete or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive unsigned Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim DeadlineForm, the Settlement Administrator shall promptly provide copies thereof request additional information and give the claimant 14 days to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from cure the defect before rejecting the Settlement Class and other Claim. Such requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar made within 21 days after the Claims Deadline. In the event of unusual circumstances interfering with compliance during the 14-day period, the claimant may request and, for good cause shown shall be given, a reasonable extension of the 14-day deadline in which to comply; however, in no event shall the deadline be extended past the Effective Date. If the defect is not cured, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim.
7.2.2. Following receipt of additional information requested by the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form pursuant to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement¶ 7.2.1, the Settlement Administrator shall have 14 days to accept, in whole or lesser amount, or reject each Settlement Claim. If after review of the right to reasonably request Settlement Claim and additional information submitted by the claimant, the Settlement Administrator determines that such a Settlement Claim is valid, then the Settlement Claim shall be paid within the time period provided by ¶ 7.6. If the Settlement Claim remains invalid because the claimant does not provide the requested information needed to complete the Claim Form and evaluate the Settlement Claim, then the Settlement Administrator may reject the Settlement Claim without any further action apart from providing a notice of rejection of the Settlement Claim. DocuSign Envelope ID: D44897A2-4B3B-489D-A18C-07D1310DC494
7.3. The Settlement Administrator shall adjust the payment amount of all Awards as follows:
7.3.1. If the total dollar value of all Approved Claims for Settlement Fund A benefits at the payment amounts set forth in ¶¶ 2.1 and 2.2 is less than the amount remaining in Settlement Fund A (plus Settlement Fund C payments, if any) after the Claims Deadline has passed and after the Attorneys’ Fees and Expenses Reimbursement, the Service Awards, and Settlement Administration costs have been paid in full out of Settlement Fund A, the payment amount for all Approved Claims from Settlement Fund A shall be increased pro rata among all Settlement Class Members who submitted Approved Claims for Settlement Fund A benefits.
7.3.2. If the total dollar value of all Approved Claims for Settlement Fund A benefits at the payment amounts set forth in ¶¶ 2.1 and 2.2 exceeds the amount remaining in Settlement Fund A (plus Settlement Fund C payments, if any) after the Claims Deadline has passed and after the Attorneys’ Fees and Expenses Reimbursement, the Service Awards, and Settlement Administration costs have been paid in full out of Settlement Fund A, the payment amount for all Approved Claims from Settlement Fund A shall be reduced pro rata among all Settlement Class Members who submitted Approved Claims for Settlement Fund A benefits.
7.3.3. If the total dollar value of all Approved Claims for Settlement Fund B benefits at the payment amounts set forth in ¶¶ 2.1 and 2.3 is less than the $1,000,000 allocated to pay valid claims made in Settlement Fund B after the Claims Deadline has passed, the payment amount for all Approved Claims from Settlement Fund B shall be the approved amount of each claim.
7.3.4. If the total dollar value of all Approved Claims for Settlement Fund B benefits at the payment amounts set forth in ¶¶ 2.1 and 2.3 exceeds the amount remaining in Settlement Fund B after the Claims Deadline has passed, the payment amount for all Approved DocuSign Envelope ID: D44897A2-4B3B-489D-A18C-07D1310DC494 Claims from Settlement Fund B shall be reduced pro rata among all Settlement Class Members who submitted Approved Claims for Settlement Fund B benefits.
7.4. Within 14 days after the deadline for the Settlement Administrator to make a final determination on Settlement Claims (set forth in ¶ 7.2.2), the Settlement Administrator will provide the Parties’ counsel with a declaration attesting to the number of claims submitted, and number and amount of Approved Claims.
7.5. The Settlement Administrator shall agree to hold Settlement Fund A in a non- interest-bearing account, and administer the Settlement Fund, subject to the continuing jurisdiction of the Court and from the Parties earliest possible date, as a qualified settlement fund as defined in Treasury Regulation § 1.468B-1, et seq. Any taxes owed by Settlement Fund A shall be paid by the Settlement Administrator out of Settlement Fund A.
7.6. The Settlement Administrator will mail Award checks or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: send funds electronically (i) any act, omission, or determination in an electronic payment format recommended by Class Counsel, or the Settlement Administrator, or any such as PayPal, and agreed-upon by the Parties) for Approved Claims within 14 days after the deadline for the Settlement Administrator to make a final determination on Settlement Claims (set forth in ¶ 7.2.2). No distributions will be made without authorization from the Parties’ counsel. The Settlement Administrator will conduct skip tracing and re-send checks that were returned as undeliverable. Award checks shall be valid for a period of their respective designees or agents180 days from issuance, and shall state, in connection with words or substance, that the administration check must be cashed within 180 days, after which time it will become void. In the event a settlement check becomes void, the Settlement Class Member to whom that settlement check was made payable will forfeit the right to payment and will not be entitled to have the check reissued or to any further distribution from the Settlement Fund or to any further recourse against the Parties, the Parties’ counsel, or Released Persons, and the Agreement and Release will in all other respects be fully enforceable against the Settlement Class Member. No later than 190 days DocuSign Envelope ID: D44897A2-4B3B-489D-A18C-07D1310DC494 from the issuance of the Settlement or otherwise; (ii) the managementAward checks, investment, or distribution of the Settlement Fund; (iii) Administrator shall take all steps necessary to stop payment on any Award checks that remain uncashed.
7.7. If there is any balance remaining in the allocation Settlement Fund A account 90 days after the Settlement Administrator completes the process for stopping payment on any Award checks that remain uncashed, these funds shall be distributed to the following cy pres recipient: United Way Worldwide. The funds distributed pursuant to the cy pres provision set forth in this Paragraph shall not be considered unclaimed property under the laws of any state.
7.8. No Person shall have any claim against the Settlement Funds Administrator, Defendants, Defendants’ counsel, Class Counsel, and/or the Representative Plaintiffs based on distributions of benefits to Settlement Class Members or to the implementationcy pres recipient named herein, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returnsif applicable.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 30. All Notice and Settlement Administration Costs will be paid from the Settlement Fund.
31. The Parties agree to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator.
32. The Settlement Administrator shall, under the supervision will provide Postcard Notice to all Settlement Class Members by United States First Class mail of the Court, administer the relief provided by this settlement terms to all Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests Members for exclusion from the Settlement, and disbursing funds from whom the Settlement Fund in Administrator is provided a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of its activities under this Agreement. The the Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available Class or object to Class Counsel and Defendant’s Counsel upon requestthe Settlement.
33. The Settlement Administrator shall also provide reports notice via publication if necessary and other information to the Court as extent such notice is deemed appropriate by the Court may requireParties in consultation with the Settlement Administrator to provide the best notice practicable under the circumstances.
34. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of will cause the Settlement Agreement. Should the Court request, the Parties shall submit a timely report Notice Program to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel and DefendantEHD’s Counsel Counsel. The Parties shall reasonably cooperate with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with such requests.
35. The Settlement Class Members, telephone scripts, website postings or language or other communications Administrator will administer the claims process in accordance with the Settlement Class, at least five (5) business days before terms of the Settlement Administrator is required and any additional processes agreed to or intends to publish or use such communications, unless by all of Class Counsel and DefendantEHD’s Counsel agree Counsel, subject to waive this requirement in writing on case by case basis;the Court’s supervision and direction as circumstances may require.
(c) Receive 36. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereofForm. If A Claim Form shall be submitted online at the Settlement Administrator receives any Claim Forms after Website or by U.S. mail and must be postmarked no later than the Claim Deadline.
37. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness.
38. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall promptly give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide copies thereof notice of deficiencies concurrently to Class Counsel and DefendantEHD’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.”
39. The Settlement Administrator receives any exclusion forms will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to EHD, Class Counsel, and EHD’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. EHD or the Settlement Administrator will provide other requests reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as EHD may reasonably require.
40. Subject to the terms and conditions of this Settlement Agreement, thirty (30) Days after the deadline for the submission of such forms and requestsEffective Date, the Settlement Administrator shall promptly mail or otherwise provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(eClaimants who selected Credit Monitoring services under Paragraph 28(d) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available with enrollment instructions for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable noticethose services.
5.2 The Settlement Administrator shall be obliged 41. Subject to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms and conditions of this Settlement Agreement, or thirty (b30) provide full and complete information as requested on Days after the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise completeEffective Date, then the Settlement Administrator shall give such Person one mail or otherwise provide a payment via check (1“Claim Check”) reasonable opportunity or digital payment selected in consultation with Class Counsel (collectively, “Claim Payment”) to provide any requested missing information, each Claimant in the amount for which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who each Claimant has submitted a Claim Form to obtain additional information necessary to verify approved by the Claim Form.Settlement Administrator or by the Court, for good cause shown, in accordance with the following distribution procedures:
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. a. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel will first apply the Net Settlement Fund to pay for Credit Monitoring services as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ described in Paragraph 28(d) claimed by ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ willAfter payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 28(a)), Compensation for Lost Time (as described in Paragraph 28(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund.”
5.4 In b. The Settlement Administrator shall then utilize the exercise Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 27. The amount of its duties outlined each Alternative Cash Payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments.
42. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued.
43. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment they received, provided that the payment amount is equal to or greater than Three Dollars and No Cents ($3.00) per Claimant. The distribution of this Agreementremaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient.
44. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall have make reasonable efforts to find a valid address and resend the right Claim Check within thirty (30) Days after the check is returned to reasonably request additional information from the Parties or any Settlement Class MemberAdministrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation 45. No portion of the Settlement Fund shall revert or be repaid to EHD after the filing Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of any federal, state, or local returns.
5.6 All taxes and tax expenses this Agreement shall be paid out of distributed to the Settlement Fund and shall be timely paid Non-Profit Residual Recipient, as approved by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 26. All Notice and Settlement Administration Costs will be paid from the Settlement Fund.
27. The Parties agreed to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agreed to select an experienced class action settlement administrator to serve as the Settlement Administrator.
28. The Settlement Administrator shall, under the supervision will provide written notice by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom they are provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of its activities under this Agreementthe Settlement Class or object to the Settlement.
29. The Settlement Administrator shall maintain all may also provide notice via publication if necessary and to the extent such records as are required notice is deemed appropriate by applicable law the Parties in accordance consultation with its normal business practices and such records will be made available the Settlement Administrator in order to Class Counsel and Defendant’s Counsel upon requestprovide the best notice practicable under the circumstances.
30. The Settlement Administrator shall also provide reports and other information will cause the Notice Program to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by both Class Counsel and DefendantNorthStar’s Counsel Counsel. The Parties shall reasonably cooperate with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with such requests.
31. The Settlement Class Members, telephone scripts, website postings or language or other communications Administrator will administer the claims process in accordance with the Settlement Class, at least five (5) business days before terms of the Settlement Administrator is required and any additional processes agreed to or intends to publish or use such communications, unless by both Class Counsel and DefendantNorthStar’s Counsel agree Counsel, subject to waive this requirement in writing on case by case basis;the Court’s supervision and direction as circumstances may require.
(c) Receive 32. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereofForm. If A Claim Form shall be submitted online at the Settlement Administrator receives any Claim Forms after Website or by U.S. mail and must be postmarked no later than the Claim Deadline.
33. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness.
34. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from give the Settlement Class Member notice of the deficiencies, and other requests and promptly the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Class NorthStar’s Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests receivedClass Counsel. If the defect is not cured within the 21- Day period, then the Claim will be deemed invalid. Where possible, Settlement Class Members submitting deficient claims for reimbursement of certain losses will be provided the Cash Compensation if they fail to timely cure their claim for reimbursement. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.”
35. The Settlement Administrator receives any exclusion forms will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to NorthStar, Class Counsel, and NorthStar’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. NorthStar or the Settlement Administrator will provide other requests reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as NorthStar may reasonably require.
36. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the deadline for the submission of such forms and requestsEffective Date, the Settlement Administrator shall promptly mail or otherwise provide copies thereof a payment via check (“Claim Check”) or digital payment selected in consultation with the Settlement Administrator (collectively, “Claim Payment”) to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding each Claimant in the number of amount for which each Claimant has submitted a Claim Forms received, the number Form approved by the Settlement AdministratorAdministrator or by the Court, and the categorization and description of Claim Forms rejectedfor good cause shown, in whole or in part, by accordance with the Settlement Administrator; andfollowing distribution procedures:
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the a. The Settlement Administrator at any time upon reasonable noticewill first apply pay for valid claims for Compensation for Ordinary Losses (as described in Paragraph 24(a)) and Compensation for Lost Time (as described in Paragraph 24(b)). The amount of the Net Settlement Fund remaining after all payments for Compensation for Ordinary Losses and Compensation for Lost Time are made shall be referred to as the “Post-Loss Net Settlement Fund.”
5.2 b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Cash Compensation payments as described in Paragraph 25. The amount of each Cash Compensation payment shall be obliged to employ reasonable procedures to screen calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for abuse Cash Compensation.
37. Each Claim Check shall be mailed to the address provided by the Claimant on his or fraud her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and deny shall contain a legend to that effect. Claim Forms where there Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued unless good cause is evidence provided.
38. To the extent any monies remain in the Net Settlement Fund more than one hundred and twenty (120) days after the distribution of abuse Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or frauddeposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it.
39. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall determine whether only make one attempt to resend a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim FormCheck.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion40. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation No portion of the Settlement Fund shall revert or be repaid to NorthStar after the filing Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of any federal, state, or local returns.
5.6 All taxes and tax expenses this Agreement shall be paid out of distributed to the Settlement Fund and shall be timely paid Non-Profit Residual Recipient, as approved by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or.
Appears in 1 contract
Sources: Settlement Agreement
Settlement Administration. 5.1 3.1. The Settlement Administrator shall, under :
a. Be responsible for determining the supervision amount of the CourtSettlement Award to each Settlement Class and Collective Member based on the formula described in the Allocation Formula above, administer Sections 2.3(a)-(d).
b. Provide for the relief provided Settlement Notices (with the Fairness Hearing dates) to be sent by this mail and email (if email addresses are available) to all applicable Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests and Collective Members that can be identified through a reasonable effort (Exhibit A);
c. Create a website for exclusion from the Settlement, which will allow Settlement Class and disbursing funds from Collective Members to view the Notice (in generic form), this Class Action Settlement Agreement, and all papers filed by Class Counsel to obtain preliminary and final approval of the Class Action Settlement Agreement. Additionally, the Settlement Fund in a rational, responsive, cost effective, website will provide contact information for Class Counsel and timely mannerthe Settlement Administrator. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Noticea preview of the proposed website. Class Counsel and Defendant’s counsel must approve the website before it goes live and must approve any modifications to the website. The Settlement Administrator shall also create a toll- free call center to field telephone inquiries from Settlement Class and Collective Member during the notice and settlement administration periods. The Settlement Administrator will be directed to take the website and call center down after the 180-day check cashing period for Settlement Award Checks, administrationor second distribution, as applicable.
d. Provide to Defense Counsel and implementation Class Counsel, fourteen (14) calendar days after the first mailing of the Settlement Agreement. Should Notices and then updated every fourteen (14) days thereafter: (i) a list of the Court request, the Parties shall submit a timely report names and addresses of all Settlement Class and Collective Members whose Settlement Notices have been returned to the Court summarizing the work performed Settlement Administrator as undeliverable along with a report indicating steps taken by the Settlement AdministratorAdministrator to locate updated address information for such Settlement Class and Collective Member and to resend the Settlement Notices, including and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service; (ii) a report separate list of the names and addresses of all amounts Settlement Class Members who are not Named Plaintiffs who have submitted documents indicating that they wish to object to the settlement; (iii) a separate list of the names and addresses of all Settlement Class and Collective Members who are not Named Plaintiffs who have submitted documents indicating that they wish to challenge the payment calculations along with copies of all such documents; and (iv) a separate list of Settlement Class Members who have indicated that they wish to be excluded from the settlement.
e. Establish, designate, and maintain a Settlement Fund for the Lawsuit as a “qualified settlement fund” under Internal Revenue Code § 468B and Treasury Regulation § 1.468B-1;
f. Process challenges to the payment calculations and process objections to the Settlement in accordance with this Settlement Agreement;
g. Mail settlement payments to Settlement Class and Collective Members, as ordered by the Court in the Final Approval Order, in accordance with this Settlement Agreement;
h. Mail payment(s) for Attorneys’ Fees and Costs to Class Counsel, as ordered by the Court in the Final Approval Order, in accordance with the Settlement Agreement;
i. Mail Service Awards to Named Plaintiffs, as ordered by the Court in the Final Approval Order;
j. Obtain employer identification numbers for the Settlement Fund paid pursuant to Treasury Regulation § 1.468B-2(k)(4);
k. Prepare and file federal income tax returns for the Settlement Fund, as well as any other tax filings the Class Settlement Fund must make under federal, state, or local law;
l. Prepare, file, and issue all necessary tax reporting forms for the Settlement Fund, including Form W-2 Statutory Employees and IRS Forms 1099 regarding the distribution of payments to the Settlement Class and Collective Members, Class Counsel, and Named Plaintiffs as set forth herein;
m. Provide Defendant with copies of all tax reporting and filings made for the Settlement Fund, including copies of the checks and the Form W-2 Statutory Employees and IRS Forms 1099 issued to Settlement Class and Collective Members on account and Named Plaintiffs, and any other documentation to show that the tax reporting and filings were timely transmitted to the claimants and the applicable taxing authorities;
n. Liquidate any remaining assets of Approved Claims. Without limiting the foregoingSettlement Fund after all payments to the Settlement Class and Collective Members, Class Counsel, and Named Plaintiffs have been made and all tax obligations have been satisfied, and distribute all unclaimed funds to the designated cy pres beneficiar(ies), which the Parties have chosen to be Greater Boston Legal Services,, or redistribute such unclaimed funds to Settlement Class and Class Members who negotiated their Settlement Award Checks, as set forth in Paragraph 2.3(d); and
o. Within ten (10) business days after the conclusion of the 180-day check cashing period above, the Settlement Administrator shall:
(a) Forward to shall provide Defendant’s Counsel, with copies to Counsel and Class Counsel, all original documents respectively, a report regarding the total amount of any funds that remain from checks that are returned as undeliverable or are not negotiated.
3.2. Defendant will be responsible for providing the Settlement Administrator and other materials received Class Counsel with the necessary information to facilitate notice and claims administration. Class Counsel will provide any address updates in connection their records for Settlement Class and Collective Members.
3.3. Within fourteen (14) days after the Court’s Preliminary Approval, Defendant will provide to the Settlement Administrator and Class Counsel an electronic database listing the names, last known addresses, last known telephone numbers (if any), last known email addresses (if any), dates of employment, social security numbers, and date of births for the Settlement Class and Collective Members. Also within fourteen (14) days after the Court’s Preliminary Approval, Defendant will provide to the Settlement Administrator and Class Counsel an electronic database with the names of Settlement Class and Collective Members and the total number of workweeks each Settlement Class and Collective Member worked during the relevant time period and the number of workweeks worked in each state for each Settlement Class and Collective Member as provided above. Class Counsel has requested this information for the stated purpose of assisting with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms fielding questions from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraudCollective Members. The Settlement Administrator shall compare the provided address to information available through the U.S. Postal Service, or a similar database, to determine whether if there is a Claim Form submitted by a more recent U.S. mail address for each Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADR, PLLC for a binding determination. ▇▇. ▇▇▇▇▇▇▇ will
5.4 In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Collective Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Class Counsel, or the Settlement Administrator, or any of their respective designees or agents, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes, Tax Expenses, or costs incurred in connection with the taxation of the Settlement Fund or the filing of any federal, state, or local returns.
5.6 All taxes and tax expenses shall be paid out of the Settlement Fund and shall be timely paid by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or
Appears in 1 contract
Settlement Administration. 5.1 33. All Notice and Settlement Administration Costs will be paid from the Settlement Fund.
34. The Parties agree to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice and SSN Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator.
35. The Settlement Administrator shall, under the supervision will provide SSN Postcard Notice to all SSN Settlement Class Members and Postcard Notice to all other Settlement Class Members by United States First Class mail of the Court, administer the relief settlement terms to all Settlement Class Members for whom they are provided by this Settlement Agreement by processing Claim Forms submitted by Unidentified Class Members, processing requests for exclusion from the Settlement, and disbursing funds from the Settlement Fund in a rational, responsive, cost effective, and timely mannervalid mailing address. The Settlement Administrator shall maintain reasonably detailed records perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of its activities under this Agreement. The the Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available Class or object to Class Counsel and Defendant’s Counsel upon requestthe Settlement.
36. The Settlement Administrator shall also provide reports notice via publication if necessary and other information to the Court as extent such notice is deemed appropriate by the Court may requireParties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances.
37. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of will cause the Settlement Agreement. Should the Court request, the Parties shall submit a timely report Notice Program to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed be effectuated in accordance with the terms of this Agreement;
(b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) business days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on case by case basis;
(c) Receive Claim Forms from Unidentified Class Members and promptly provide to Class Counsel and Defendant’s counsel copies thereof. If the Settlement Administrator receives any Claim Forms after the Claim Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel;
(d) Receive requests to be excluded from the Settlement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel copies thereof, along with a weekly report orders of the number of such requests received. If the Settlement Administrator receives any exclusion forms or other requests after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel and await guidance from Counsel as to treatment thereof;
(e) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and
(f) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice.
5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be deniedCourt. The Settlement Administrator may contact any Person who has submitted a Claim Form request the assistance of the Parties to obtain additional information necessary facilitate providing notice and to verify the Claim Form.
5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted accomplish such other purposes as may be approved by an Unidentified Settlement Class Member, as well as any request for exclusion. The Settlement Administrator shall follow any agreed decisions all of Class Counsel Counsel, Guardian and DefendantActimize’s Counsel as to the validity of any disputed submitted Claim Form or request for exclusion. To the extent Class Counsel Counsel, and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to ▇▇▇ ▇▇▇▇▇▇▇, Esq. of ▇▇▇ ▇▇▇▇▇▇▇ ADRBank’s Counsel. The Parties shall reasonably cooperate with such requests.
38. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement and any additional processes agreed to by all of Class Counsel and Guardian and Actimize’s Counsel, PLLC for a binding determination. ▇▇. and ▇▇▇▇▇▇▇ willBank’s Counsel, subject to the Court’s supervision and direction as circumstances may require.
5.4 In 39. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the exercise Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadline.
40. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness.
41. If, in the determination of its duties outlined in this Agreementthe Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have the right to reasonably request additional information twenty-one (21) Days from the Parties or any date of the written notice to cure the deficiencies. The Settlement Class Member.
5.5 Defendant, the Released Parties, and Defendant’s Counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Administrator will provide notice of deficiencies concurrently to Class Counsel, Guardian and Actimize’s Counsel, and ▇▇▇▇▇▇▇ Bank’s Counsel. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.”
42. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to Guardian, Actimize, ▇▇▇▇▇▇▇ Bank, Class Counsel, Guardian and Actimize’s Counsel, and ▇▇▇▇▇▇▇ Bank’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. Defendants or the Settlement Administrator, Administrator will provide other reports or any of their respective designees information that the Court may request or agents, in connection with that the administration of Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or otherwise; information as Guardian, Actimize, and ▇▇▇▇▇▇▇ Bank may reasonably require.
43. Subject to the terms and conditions of this Settlement Agreement, fourteen (ii14) Days after the management, investment, or distribution of the Settlement Fund; (iii) the allocation of Settlement Funds to Settlement Class Members or the implementation, administration, or interpretation thereof; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any losses suffered by, or fluctuations in value ofEffective Date, the Settlement Fund; Administrator shall mail or otherwise provide Claimants who selected Credit Monitoring services under Paragraph 30(d) with enrollment instructions for those services.
44. Subject to the terms and conditions of this Settlement Agreement, fourteen (vi14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or withholding of any Taxesdigital payment selected in consultation with Class Counsel (collectively, Tax Expenses“Claim Payment”) to each Claimant in the amount for which each Claimant has submitted a Claim Form approved by the Settlement Administrator or by the Court, or costs incurred for good cause shown, in connection accordance with the taxation following distribution procedures:
a. The Settlement Administrator will first apply the Net Settlement Fund to pay for Credit Monitoring services as described in Paragraph 30(d) claimed by Claimants. After payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 30(a)), Compensation for Lost Time (as described in Paragraph 30(b)), and Compensation for Extraordinary Losses (as described in Paragraph 30(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund.”
b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 31. The amount of each Alternative Cash Payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments. In making this calculation, each Tier 1 Alternative Cash Payment claim will be counted as two claims, while each Tier 2 Alternative Cash Payment claim will be counted as one claim. Each Tier 1 Alternative Cash Payment shall be exactly two times the amount of each Tier 2 Alternative Cash Payment.
45. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued.
46. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who cashed or deposited their initial Claim Payments they received, provided that the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it.
47. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check.
48. No portion of the Settlement Fund shall revert or be repaid to Guardian after the filing Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of any federal, state, or local returns.
5.6 All taxes and tax expenses this Agreement shall be paid out of distributed to the Settlement Fund and shall be timely paid Non-Profit Residual Recipient, as approved by the Settlement Administrator pursuant to this Agreement and without further order of the Court. Any tax returns prepared for the Settlement Fund (as well as the election set forth therein) shall be consistent with this Agreement and in all events shall reflect that all taxes on the income earned by the Settlement Fund shall be paid out of the Settlement Fund as provided herein. The Released Parties shall have no responsibility or liability for the acts or.
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Sources: Settlement Agreement