Transactional Data. At the request of End-Payor Plaintiffs after preliminary approval by the Court of this Agreement, and subject to meet and confer with ▇▇▇▇▇ ▇▇▇▇ regarding any extensions concerning the timing of the completion of production, ▇▇▇▇▇ Behr will use its best efforts to complete the production of transactional data within ninety (90) days of such request, concerning ▇▇▇▇▇ Behr’s sales of Air Conditioning Systems sold to Original Equipment Manufacturers for Vehicles sold in the United States, or other purchasers of Air Conditioning Systems for Vehicles sold in the United States, from May 1, 1997 through the Execution Date, to the extent such transactional data is reasonably accessible to ▇▇▇▇▇ Behr. In addition, ▇▇▇▇▇ ▇▇▇▇ will provide, in response to a written request from Settlement Class Counsel, a single production of electronic transactional data generated during the two years after the Execution Date of this Agreement concerning Air Conditioning Systems, as it exists in ▇▇▇▇▇ Behr’s electronic databases at the time of the request, within sixty (60) days of the receipt of such request. ▇▇▇▇▇ ▇▇▇▇ shall preserve such transactional data until two (2) years after the Execution Date of this Agreement. ▇▇▇▇▇ Behr will produce transaction data only from existing electronic transaction databases, except that, to the extent ▇▇▇▇▇ ▇▇▇▇ has not recorded or maintained electronic transaction data for any period between May 1, 1997 and two (2) years from the Execution Date of this Agreement, then ▇▇▇▇▇ Behr will use reasonable efforts to locate and produce existing hard copy summary records of sales data not recorded or maintained electronically in the existing electronic sales transaction database.
Appears in 1 contract
Sources: Settlement Agreement
Transactional Data. At the request of End-Payor Plaintiffs after preliminary approval by the Court of this Agreement, and subject to meet and confer with ▇▇▇▇▇ ▇▇▇▇ Eberspächer regarding any extensions concerning the timing of the completion of production, ▇▇▇▇▇ Behr Eberspächer will use its best efforts to complete the production of transactional data data, within ninety (90) days of such request, concerning ▇▇▇▇▇ BehrEberspächer’s sales of Air Conditioning Exhaust Systems sold to Original Equipment Manufacturers for Vehicles sold in the United States, or other purchasers of Air Conditioning Exhaust Systems for Vehicles sold in the United States, from May January 1, 1997 2000 through the Execution Date, to the extent such transactional data is reasonably accessible to ▇▇▇▇▇ BehrEberspächer. In addition, ▇▇▇▇▇ ▇▇▇▇ Eberspächer will provide, in response to a written request from Settlement Class Counsel, a single production of electronic transactional data generated during the two years after the Execution Date of this Agreement concerning Air Conditioning Exhaust Systems, as it exists in ▇▇▇▇▇ BehrEberspächer’s electronic databases at the time of the request, within sixty (60) days of the receipt of such request. ▇▇▇▇▇ ▇▇▇▇ Eberspächer shall preserve such transactional data until two (2) years after the Execution Date of this Agreement. ▇▇▇▇▇ Behr Eberspächer will produce transaction data only from existing electronic transaction databases, except that, to the extent ▇▇▇▇▇ ▇▇▇▇ Eberspächer has not recorded or maintained electronic transaction data for any period between May January 1, 1997 2000 and two (2) years from the Execution Date of this Agreement, then ▇▇▇▇▇ Behr Eberspächer will use reasonable efforts to locate and produce existing hard copy summary records of sales data not recorded or maintained electronically in the existing electronic sales transaction database.
Appears in 1 contract
Sources: Settlement Agreement