Common use of Settlement Class Member Information Clause in Contracts

Settlement Class Member Information. a. To facilitate the Notice and Class Administration process, Plaintiff will request that the Preliminary Approval Order order OCTA and Cofiroute to provide to the Class Administrator, in an electronically searchable and readable format mutually acceptable to the Class Administrator, OCTA and Cofiroute, the following information to the extent the information is reasonably retrievable from Defendants’ reasonably available and searchable data bases (maintained by Cofiroute): the names and the last known mailing addresses of the Settlement Class Members in the Debt Collection Subclass and whether the member is eligible for a Cash Award pursuant to Section 13.02 (the “Settlement Class Member Information”). b. OCTA and Cofiroute shall be obligated to provide Settlement Class Member Information to the Class Administrator pursuant to this Agreement if and only if the Court, as part of the Preliminary Approval Order: (1) orders OCTA and Cofiroute to provide the Settlement Class Member Information to the Class Administrator; (2) finds that the provision of Settlement Class Member Information to the Class Administrator pursuant to this Agreement and the Preliminary Approval Order does not violate Section 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information; (3) enters an order enjoining any Settlement Class Member from filing or pursuing any claim or litigation against OCTA, Cofiroute, or any of their respective officers, agents, employees or attorneys, or any other person or entity who provides information to the Class Administrator pursuant to the Preliminary Approval Order asserting that compliance with the obligations imposed by this Agreement, the Preliminary Approval Order, and/or the Court approved Class Notice requirements violates Section 31490 or any federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information that is reasonably necessary to provide notice to the Settlement Class Members and to otherwise implement this Settlement; and (4) specifically indicates preliminary approval of Section 15 of this Settlement Agreement whereby Final Settlement Class Members release any claim asserting that compliance with the obligations of this Agreement, the Preliminary Approval Order, and/or the Court approved Class Notice requirements violates Section 31490 or any federal, state or local constitution, ordinance, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information that is reasonably necessary to provide notice to the Settlement Class Members and to otherwise implement this Settlement. c. The contract signed by the Class Administrator shall expressly require that any information relating to Settlement Class Members provided to the Class Administrator pursuant to this Agreement or Court ordered Class Notice requirements will be used solely for the purpose of providing notice to the Settlement Class Members, facilitating communication between the Class Administrator and Settlement Class Members about the Settlement and the Litigation, the administration and processing of claims and exclusions by the Class Administrator as described in Sections 8, 9 and 13 of this Agreement, and not for any other purpose. The Class Administrator will be contractually required to keep Settlement Class Member Information in strict confidence and not disclose such information to any person or entity, including Plaintiff or his attorneys, except to the extent such disclosure is expressly allowed in this Agreement, the Preliminary Approval Order or Final Approval Order. d. The mailed postcard and emailed notice sent to Settlement Class Members and the long form notice on the Settlement Website shall include a statement explaining that their personally identifiable information was used pursuant to this Agreement, the Preliminary Approval Order and/or Court ordered Class Notice to provide notice of the Settlement. e. The Class Administrator will certify that any Settlement Class Member Information in the Class Administrator’s possession has been destroyed within ten (10) business days after the Final Distribution Date. f. Defendants do not have any obligation to provide Settlement Class Member Information to Plaintiff or any of his attorneys, and neither the Preliminary Approval Order nor Final Approval Order shall provide otherwise.

Settlement Class Member Information. a. To facilitate the Notice notice and Class Administration process, Plaintiff will request that the Court order SANDAG, as part of the Preliminary Approval Order order OCTA and Cofiroute Order, to provide to the Class Administrator, in an electronically searchable and readable format mutually acceptable to the Class Administratorformat, OCTA and Cofiroute, the following certain information to the extent the information is reasonably retrievable from Defendants’ reasonably available and searchable data bases (maintained be identified by Cofiroute): the names and the last known mailing addresses of the Settlement Class Members SANDAG in the Debt Collection Subclass and whether the member is eligible for a Cash Award pursuant to Section 13.02 SANDAG’s discretion (the “Settlement Class Member Information”), that the Class Administrator will use to determine the names, last known email address, and last known mailing addresses held by Settlement Class Members, to the extent SANDAG determines that such information exists in its reasonably available computerized account records. b. OCTA and Cofiroute ▇. ▇▇▇▇▇▇ shall be obligated to provide Settlement Class Member Information to the Class Administrator pursuant to this Settlement Agreement if and only if the Court, as part of the Preliminary Approval Order: (1) orders OCTA and Cofiroute SANDAG to provide the Settlement Class Member Information to the Class Administrator; (2) finds that the provision of Settlement Class Member Information to the Class Administrator pursuant to this Agreement and the Preliminary Approval Order Section 7.01 does not violate Section Cal. Streets & Hwy Code § 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information; (3) enters , and issues an order enjoining any Settlement Class Member from filing or pursuing any claim or litigation against OCTA, Cofiroute, or any of their respective officers, agents, employees or attorneys, or any other person or entity who provides information to the Class Administrator pursuant to the Preliminary Approval Order asserting that compliance with the obligations imposed by this Agreement, the Preliminary Approval Order, Settlement Agreement and/or the Court approved Class Notice class notice requirements violates Section Cal. Streets & Hwy Code § 31490 or any other federal, state or local constitution, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information that is reasonably necessary to provide notice to the Settlement Class Members and to otherwise implement this Settlement; and (43) specifically indicates preliminary approval of Section 15 14 of this Settlement Agreement whereby as it concerns release of any and all claims that any Final Settlement Class Members release Member could assert arising out of or in any claim asserting that compliance with the obligations of this Agreement, the Preliminary Approval Order, and/or the Court approved Class Notice requirements violates Section 31490 or any federal, state or local constitution, ordinance, statute, rule, regulation or policy purporting to limit the disclosure of the personally identifiable information that is reasonably necessary to provide notice way related to the Defendant’s transmission, collection and/or use of Settlement Class Members and Members’ PII for the purpose of administering this Settlement pursuant to otherwise implement this SettlementSettlement Agreement. c. The contract signed by the Class Administrator shall expressly require that any information relating to Settlement Class Members provided to the Class Administrator pursuant to this Settlement Agreement or Court ordered Class Notice requirements will be used provided solely for the purpose of providing notice to the Settlement Class Members, facilitating enabling communication between the Class Administrator and Settlement Class Members with them about the Settlement and the Litigation, the administration and processing of claims and exclusions by the Class Administrator as described in Sections 8, 9 and 13 of allowing them to recover under this Agreement, and not for any other purposeSettlement. The Class Administrator will be contractually required to keep Settlement Class Member Information in strict confidence and confidence; will not disclose such information to any person or entitythird party except for the purposes provided in Section 8, including Plaintiff or his attorneysSection 9, except to the extent and Section 13; and will not use such disclosure is expressly allowed in this Agreement, the Preliminary Approval Order or Final Approval Order. d. information for any other purpose. The mailed postcard and emailed notice Notice sent to Settlement Class Members and the long form notice on the Settlement Website shall include a statement information explaining that their personally identifiable information was used pursuant to this Agreement, the Preliminary Approval Order and/or Court ordered Class Notice Section to provide notice Notice of the Settlement. Defendant does not have any obligation to provide Settlement Class Member Information to Plaintiff, Plaintiff’s Counsel, or Class Counsel. The contract signed by the Class Administrator shall expressly provide that the Class Administrator will not provide a copy of the Settlement Class Member Information to Plaintiff, Plaintiff’s Counsel, or Class Counsel. e. d. The Class Administrator will certify that any Settlement Class Member Information in the Class Administrator’s possession has been destroyed within ten (10) business days after the Final Distribution Date. f. Defendants do not have any obligation to provide Settlement Class Member Information to Plaintiff or any of his attorneys, and neither the Preliminary Approval Order nor Final Approval Order shall provide otherwise.