Common use of To Settlement Class Clause in Contracts

To Settlement Class. 1. Settlement Administrator, as the settlement administrator, shall be responsible for the following Settlement Class Notice program: a. Within ninety (90) days after entry of the Preliminary Approval Order discussed in Section II.18 of this Agreement, Settlement Administrator shall cause individual notice, substantially in the form attached hereto as Exhibit B, to be mailed, by first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Notice shall be in made in the form of a postcard, that shall: (1) advise the class member to access the settlement website; or (2) call a toll free number for the Full Notice; including instructions on seeking Extended Warranty Service; the Claim Form and the Request for Exclusion Form. The Parties may format the First Class Notice in such a way as to ensure legibility, and access to the Full Notice. The ability to receive a Full Notice via toll free number is to be prominently displayed. Settlement Administrator shall be responsible for dissemination of the First Class Notice. b. For purposes of identifying Settlement Class Members, the Settlement Administrator shall obtain from Subaru’s records and verify with Experian (or a reasonable substitute agreed to by the Class Counsel) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, and the Vehicle Identification Numbers (VINs) of Settlement Class Vehicles. c. Prior to mailing the First Class Notice, an address search through the United States Postal Service’s National Change of Address database will be conducted to update the address information for Settlement Class Vehicle owners and lessees. For each individual First Class Notice that is returned as undeliverable, Settlement Administrator shall re- mail the First Class Notice where a forwarding address has been provided. For the remaining undeliverable notice packets where no forwarding address is provided, Settlement Administrator shall perform an advanced address search (e.g. a skip trace) and re-mail any undeliverable notices to the extent any new and current addresses are located. d. Settlement Administrator shall diligently, and/or as reasonably requested by Class Counsel, report to Class Counsel the number of individual First Class Notices originally mailed to Settlement Class Members, the number of individual First Class Notices initially returned as undeliverable, the number of additional individual First Class Notices mailed after receipt of a forwarding address, and the number of those additional individual First Class Notices returned as undeliverable. e. Settlement Administrator shall, upon request, provide Class Counsel with the names and addresses of all Settlement Class Members to whom Subaru sent a First Class Notice pursuant to this section. f. Consistent with Section V.A.3.a.2, defendants shall implement a Settlement website containing: (1) a copy of the Claim Form, Full Notice, this Settlement Agreement, Court Orders regarding this Settlement, and other relevant Court documents, including Co-Lead Class Counsel’s Motion for Approval of Attorneys’ Fees, Costs, and Service Awards; (2) instructions on how to request Extended Warranty Service; (3) instructions on how to submit a Claim for reimbursement; (4) information concerning deadlines for filing a Claim and the dates and locations of relevant Court proceedings, including the Final Fairness Hearing; (5) instructions on how to contact the Settlement Administrator, Defendants, and Class Counsel for assistance; (6) online submissions forms; and (7) any other relevant information agreed upon by counsel for the Parties. g. The Settlement Administrator will also email a hyperlink to the Settlement Website and electronic versions of the Long Form Notice and Claim Form to Class Members for whom the Settlement Administrator may obtain an email address for. 2. No later than ten (10) days before the Fairness Hearing, Defendants and the Settlement Administrator shall provide an affidavit(s) to Class Counsel, attesting that the First Class Notice was disseminated in a manner consistent with the terms of this Agreement or those required by the Court.