Common use of Type of Notice Required Clause in Contracts

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Hearing, if desired. Finally, the Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Classes. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, and shall be substantially in the forms attached as Exhibits 4–6 hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 A through C attached hereto, shall be used for the purpose of informing to inform proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, settlement and to further (a) inform Settlement Class Members as to how they may may: (1) obtain a copy of the Proof of Claim Form; (b2) protect their rights regarding the settlement; (c3) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (d4) object to any aspect of the proposed settlement, if desired; and (e5) participate in the Fairness Final Approval Hearing, if desired. FinallyThe Notice shall provide that Settlement Class Members may submit Claims Forms and be eligible for (1) a twelve-month subscription to credit-monitoring services, valued at $80 or a twenty-four month subscription to credit-monitoring services, valued at $240, depending on membership in the Settlement Subclass, and (2) the ability to claim up to $4,000.00 for reimbursement of out-of-pocket expenses or lost time mitigating the effects of the Incident, upon provision of appropriate documentation. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 A through C hereto. c. Individual notice shall be e-mailed to Notice of the List of Potential Settlement Class Members settlement (substantially in the form of Exhibit 4Exhibits A and B) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted on the Settlement Website within fourteen (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL 14) days of the Settlement Website shall be ▇▇▇entry of the Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C and D attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, Members prior to the fairness hearing before the Court (“Fairness Hearing”), Final Approval Hearing that there is a pending settlement, settlement and to further (a) inform Settlement Class Members as to how they may may (a) obtain a copy of the Proof of Claim FormForm for review and submittal; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. FinallyThe Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata payment from the Settlement Fund, following the deduction of: (i) any award of attorneys’ fees, costs, and expenses; (ii) any incentive award to the named Plaintiff; and (iii) the costs of notice and administration. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C and D hereto. c. Individual notice shall be e-mailed Prior to disseminating Notice, the List of Potential Settlement Administrator shall, using the Class List, perform a reverse address lookup, as needed, to determine current mailing address information for the Settlement Class Members Members. Short Form individual notice (substantially in the form of Exhibit 4C) shall be sent via U.S. mail where possible and the address information can be determined by mailing the Settlement Administrator from the Class List and/or reverse address lookup. d. Notice of the Settlement (substantially in the form of Exhibit 5Exhibits C and D) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted on the Settlement Website (substantially in by the form of Exhibit 6). The “Settlement Website” means a website established Notice Date. e. Publication notice shall also be conducted by the Settlement AdministratorAdministrator online by placing targeted advertisements, beginning no later than the Notice Date, on LinkedIn, Facebook, Google, or any other appropriate platform reasonably targeted at members of the Settlement Class, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related direct them to the SettlementSettlement Website. The URL Parties shall agree to the form and format of the Settlement Website shall be ▇▇▇publication notice.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Type of Notice Required. a. (A) The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached heretoto ▇▇▇ Decl., Exhibit B, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy about this Settlement and will also advise them of the Proof opportunity to object to or opt-out, and/or to appear at the Final Approval Hearing. Dissemination of Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from Notice shall be the responsibility of the Settlement Classes and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Hearing, if desiredAdministrator. Finally, the The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement Classes. b. Dissemination Class. It shall be pasted into the body of the Class Settlement Notice shall be the responsibility email, not as an attachment : Please Read Regarding Court Ordered ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇. ▇.▇. ▇▇▇▇▇▇ (B) Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator. The text of the Administrator shall send to all Class Settlement Notice shall be agreed upon by the PartiesMembers, and shall be substantially in the forms attached as Exhibits 4–6 hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4) via email where possible and by mailing (substantially in the form of Exhibit 5) via U.S. Mail where e-mail delivery is not possible and where Uber Defendant has a last-known mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established determined by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies Court approved Notices of Exhibits 4-6 (or Proposed Settlement of Class Action Lawsuit and Final Approval Hearing. The Settlement Administrator will take all reasonable steps to obtain the correct email address and last known mailing address of any forms of these notices that are approved by the Court), this Settlement AgreementClass Members for whom a Notice is undeliverable, and all Court documents related shall attempt a re-distribution to the Settlementany Class Member for whom it obtains more recent contact information. The URL Settlement Administrator shall also email where possible and via U.S. Mail where e-mail delivery is not possible, a Class Notice to any Class Member who contacts the Settlement Administrator during the time period between the initial mailing of the Class Notice and the Objection/Exclusion Deadline and requests that their notice be re-sent. The Settlement Website shall be ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Administrator will notify Class Counsel and Uber may subsequently agree on Defendant s Counsel of any Notice sent to a Class Member that is returned as undeliverable after the first delivery, as well as any such Notice returned as undeliverable after any subsequent delivery as set forth in writingthis Agreement. (C) Defendant shall cause any notice required to comply with the Class Action within 20 days of Preliminary Approval. (D) The cost of the above Notice Plan and all Administrative Expenses shall be paid by Defendant. (E) No later than twenty (20) days befor support of the Final Order and Judgment, Class Counsel will obtain a declaration from the Settlement Administrator confirming that it has provided the Class with notice of the proposed Settlement in accordance with this Section.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Type of Notice Required. a. i. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 Exhibit A attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, Members prior to the fairness hearing before the Court (“Fairness Hearing”), Final Approval Hearing that there is a pending settlement, Settlement and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; may: (bi) protect their rights regarding the settlementSettlement; (cii) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (diii) object to any aspect of the proposed settlementSettlement, if desired; and (eiv) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. ii. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 hereto.Exhibit A. c. Individual iii. Within fourteen (14) days of entry of the Preliminary Approval Order, individual notice shall be sent via U.S. Mail and e-mailed to the List of Potential Settlement Class Members mail (substantially in the form of Exhibit 4) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by A). For all mailings returned as undeliverable, the Settlement Administrator through shall perform a reverse look-up. d. Detailed notice of up to find updated addresses and will cause the settlement shall Notice mailing to be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4re-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related mailed to the Settlement. The URL those members of the Settlement Website shall be ▇▇▇Class.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C and D attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, settlement and to further (a) inform Settlement Class Members as to how they may (a) obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. FinallyThe Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata share of the Settlement Fund, up to a maximum amount of $565.00 (Five Hundred Sixty-Five Dollars) per claimant. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C and D hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4C) shall be sent via U.S. mail where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber Defendant has a last-known mailing address or the address information can be located determined by the Settlement Administrator through reverse look-upAdministrator. d. Detailed notice Notice of the settlement (substantially in the form of Exhibit D) shall be posted on the Settlement Website within seventeen (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL 17) days of the Settlement Website shall be ▇▇▇entry of the Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 A and B attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; may: (bi) protect their rights regarding the settlement; (cii) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (diii) object to any aspect of the proposed settlement, if desired; and (eiv) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Notice in the form of Exhibit A shall be the responsibility of the Settlement Notice Administrator and shall be commenced within twenty-one (21) days after entry of the Preliminary Approval Order. The text of the Notices shall be agreed upon by the Parties and shall be substantially in the forms attached as Exhibit A and Exhibit B hereto. Dissemination of the Claim Forms shall also be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice Claim Forms shall be agreed upon by made available on the Parties, and shall be substantially in the forms attached as Exhibits 4–6 heretoSettlement Website. c. Individual notice Notice shall be e-mailed to the List of Potential Settlement Class Members sent via U.S. Mail (substantially in the form of Exhibit 4A) where possible and by mailing (substantially in the form of Exhibit 5) where eFacility Defendants have a last-mail delivery is not possible and where Uber has a known mailing address or the address information can be located determined by the Settlement Administrator through reverse look-upAdministrator. d. Detailed notice Notice of the settlement (substantially in the form of Exhibit B) shall be posted on the Settlement Website within twenty-one (substantially in 21) days of the form entry of Exhibit 6). The “Settlement Website” means the Preliminary Approval Order. e. On a website established by rolling basis, the Settlement AdministratorAdministrator will make reasonable efforts in accordance with customary practice to provide Notice to the Settlement Class, which shall contain update addresses and information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement AgreementClass Members, and all Court documents related provide updates to Counsel. These efforts may include obtaining current addresses through a “skip trace” search through the Settlement. The URL National Change of the Address database for any Settlement Website shall be ▇▇▇Class Members whose Notice or settlement check is returned as undeliverable, and reissuing checks, after verification, where updated mailing addresses are provided by a Settlement Class Member or a Settlement Class Member indicates he or she has not received a check.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 Exhibit A attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain may: (i) submit a copy of the Proof of Claim Form; (bii) protect their rights regarding the settlement; (ciii) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (div) object to any aspect of the proposed settlement, if desired; and (ev) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 Exhibit A hereto. c. Individual Within seven (7) days of the entry of a Preliminary Approval Order, the Settlement Administrator shall send individual notice shall be e-mailed to the List of Potential Settlement Class Members via first class U.S. Mail (substantially in the form of Exhibit 4) where possible A). Prior to the mailing, the Settlement Administrator shall run the Class Members’ addresses through the U.S. Postal Service’s National Change of Address database and mail the Notice using the most current mailing address information. If a Notice is returned as undeliverable with a forwarding address, the Settlement Administrator shall resend by mailing (substantially in first class mail the form of Exhibit 5) where e-mail delivery is not possible and where Uber has Notice to that forwarding address. If a mailing address is not available or the address information can be located by if a Notice is returned as undeliverable without a forwarding address, the Settlement Administrator through reverse look-up. d. Detailed notice of shall send the settlement shall be posted on Notice via email, if available. If Notice to a forwarding address is undeliverable and the email Notice is returned as undelivered or unavailable, the Settlement Website (substantially in the form of Exhibit 6). The Administrator shall use a Settlement Websiteskip-tracemeans or similar search to attempt to locate a website established by current address for the Settlement Administrator, which shall contain information about Class Member and send the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related Notice to the Settlement. The URL of the Settlement Website shall be ▇▇▇address so found.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached Exhibit A hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy the terms of the Proof of Claim FormSettlement and their rights under it; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (dc) object to any aspect of the proposed settlement, if desired; (d) submit change-of-address or electronic payment requests on the Settlement Website; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear that Settlement Shares will be sent automatically to each Settlement Class Member who does not file a request for exclusion from the Settlement, the amount of the requested Service Award and Fee Award, and the binding effect of the settlement Settlement and release of Released Claims on all persons who do not timely request exclusion from the Settlement Classes.Class. FILED DATE: 5/6/2022 3:09 PM 2021CH00177 b. Dissemination of the Notice shall occur directly via U.S. Postal Mail and e- mail (where available) to each Settlement Class Settlement Notice Member, and shall be the responsibility of the Settlement Administrator. Prior to dissemination of the Notice via U.S. Postal Mail, the Settlement Administrator shall take reasonable measures (including utilizing the National Change of Address directory and any other proprietary or public databases or systems) to confirm that the postal address for each Settlement Class Member on the Class List is the correct, current address for that Settlement Class Member, and shall update any outdated addresses on the Class List with the current addresses it locates. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 Exhibit A hereto. c. Individual notice shall be e-mailed to the List Notice of Potential Settlement Class Members (substantially in the form of Exhibit 4) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall also be posted on the Settlement Website (substantially in Website. d. In the form of Exhibit 6)event that a Settlement Class Member’s Notice is returned as undeliverable, the Settlement Administrator shall take reasonably available additional measures to locate a correct postal address for that Settlement Class Member, and shall redeliver such Settlement Class Member’s Notice to the alternative postal address. The “Settlement Website” means a website established by the Settlement Administrator’s attempts to redeliver notice shall not affect the Objection/Exclusion Deadline, which shall contain information about run from the Settlement, including electronic copies date of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL ’s entry of the Settlement Website shall be ▇▇▇Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached Exhibit A hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy the terms of the Proof of Claim FormSettlement and their rights under it; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (dc) object to any aspect of the proposed settlement, if desired; (d) submit change-of-address or electronic payment requests on the Settlement Website; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear that Settlement Shares will be sent automatically to each Settlement Class Member who does not file a request for exclusion from the Settlement, the amount of the requested Service Award and Fee Award, and the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Notice shall occur directly via U.S. Postal Mail to each Settlement Class Settlement Notice Member, and shall be the responsibility of the Settlement Administrator. Prior to dissemination of the Notice via U.S. Postal Mail, the Settlement Administrator shall take all reasonable measures (including utilize the National Change of Address directory and any other proprietary or public databases or systems) to confirm that the postal address for each Settlement Class Member on the Class List is the correct, current address for that Settlement Class Member, and shall update any outdated addresses on the Class List with the current addresses it locates. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 Exhibit A hereto. c. Individual notice shall be e-mailed to the List Notice of Potential Settlement Class Members (substantially in the form of Exhibit 4) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall also be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of that attached as Exhibits 4–6 attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; may: (bi) protect their rights regarding the settlement; (cii) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (diii) object to any aspect of the proposed settlement, if desired; and (eiv) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice in the form of that attached as an Exhibit shall be the responsibility of the Settlement AdministratorAdministrator and shall be commenced within twenty-one (21) days after entry of the Preliminary Approval Order. The text of the Class Settlement Notice Notices shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 hereto. Dissemination of the Claim Forms shall also be the responsibility of the Settlement Administrator. The Claim Forms shall be made available on the Settlement Website. c. Individual notice Notice shall be esent via first-mailed to the List of Potential Settlement Class Members class U.S. Mail (substantially in the form of Exhibit 4the Exhibit) where possible and by mailing (substantially in the form of Exhibit 5) where eDefendants have a last-mail delivery is not possible and where Uber has a known mailing address or the address information can be located determined by the Settlement Administrator through reverse look-upAdministrator. d. Detailed notice Notice of the settlement (substantially in the form of the Exhibit) shall be posted on the Settlement Website within twenty-one (substantially in 21) days of the form entry of Exhibit 6). The “Settlement Website” means the Preliminary Approval Order. e. On a website established by rolling basis, the Settlement Administrator, which shall contain Administrator will make reasonable efforts in accordance with customary practice to update addresses and information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement AgreementClass Members, and all Court documents related provide updates to Counsel. These efforts may include obtaining current addresses through a “skip trace” search through the Settlement. The URL National Change of the Address database for any Settlement Website shall be ▇▇▇Class Members whose Notice or settlement check is returned as undeliverable, and reissuing checks, after verification, where updated mailing addresses are provided by a Settlement Class Member or a Settlement Class Member indicates he or she has not received a check.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. i. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached hereto, Notice shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; may: (bi) protect their rights regarding the settlement, including the process for submitting claims for the Low- Balance Settlement Subclass Members; (cii) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (diii) object to any aspect of the proposed settlement, if desired; and (eiv) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. ii. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 hereto.Exhibit A. c. Individual iii. Within seven (7) days after the Settlement Administrator receives the Class List, individual notice shall be e-mailed sent via US Mail to the List of Potential Settlement Class Members in the form of a Postcard Notice, the text of which shall be agreed upon the Parties. The Postcard Notice shall direct the Settlement Class Members to the website described in subparagraph 57(b)(iv) below, where the Settlement Class Members can access the Long-form Notice (substantially in the form of Exhibit 4) where possible A for the Low-Balance Settlement Subclass Members and by mailing (substantially in the form of Exhibit 5) where eB for the High-mail delivery is not possible and where Uber has a mailing address or the address information can be located by Balance Settlement Subclass Members). For all Postcard Notice mailings returned as undeliverable, the Settlement Administrator through shall perform one reverse look-upup to find updated addresses and will cause the Postcard Notice mailing to be re-mailed once to those members of the Settlement Class. d. Detailed notice iv. Within seven (7) days after the Settlement Administrator receives the Class List, the Settlement Administrator will establish a settlement website containing pertinent case documentation, including a copy of the settlement shall be posted on Complaint, the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, Preliminary Approval Order, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇Long-form Notice.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 Exhibit C and Exhibit D attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, settlement and to further (a) inform Settlement Class Members as to how they may (a) obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. FinallyThe Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata share of the Settlement Fund. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C and D hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4C) shall be sent via U.S. mail where possible and the address information can be determined by the Settlement Administrator. Prior to disseminating notice pursuant to paragraph 74(a), the Settlement Administrator shall perform an address look-up using public databases, including the U.S. Post Office’s change of address database, to determine Class Member mailing addresses. d. Notice of the settlement (substantially in the form of Exhibit 5D) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted on the Settlement Website within twenty-one (substantially in 21) days of the form entry of Exhibit 6). The “Settlement Website” means a website established the Preliminary Approval Order. e. Publication notice shall also be conducted by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related Administrator online in an amount sufficient to the Settlement. The URL of the Settlement Website shall be ▇▇▇generate more than 1 million impressions to potential Class Members.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C through E attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, settlement and to further (a) inform Settlement Class Members as to how they may (a) obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. FinallyThe Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata share of the Settlement Fund, up to a maximum amount of Five Hundred Dollars ($500) per claimant. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement Classes.Class. FILED DATE: 11/18/2019 1:44 PM 2019CH08517 b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C through E hereto. c. Individual notice shall be sent via e-mailed to the List of Potential Settlement Class Members mail (substantially in the form of Exhibit 4C) to the Class List where possible and by mailing via U.S. Mail (substantially in the form of Exhibit 5D) where e-mail delivery is not possible and where Uber has Defendants have a last-known mailing address or the address information can be located determined by the Settlement Administrator through reverse look-upAdministrator. d. Detailed notice Notice of the settlement (substantially in the form of Exhibit E) shall be posted on the Settlement Website within twenty-one (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL 21) days of the Settlement Website shall be ▇▇▇entry of the Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C and D attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, Members prior to the fairness hearing before the Court (“Fairness Hearing”), Final Approval Hearing that there is a pending settlement, settlement and to further (a) inform Settlement Class Members as to how they may may (a) obtain a copy of the Proof of Claim FormForm for review and submittal; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (d) object to any aspect of the proposed settlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. FinallyThe Notice shall provide that Settlement Class Members may claim cash compensation in the form of a pro rata payment from the Settlement Fund, following the deduction of: (i) any award of attorneys’ fees, costs, and expenses; (ii) any incentive award to the named Plaintiffs; and (iii) the costs of notice and administration. Additionally, the Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C and D hereto. c. Individual notice shall be e-mailed Prior to disseminating Notice, in addition to the List of Potential process set forth above in paragraph 75, the Settlement Administrator shall, using the Class List, perform a reverse address lookup, as needed, to determine current mailing address information for the Settlement Class Members Members. Short Form individual notice (substantially in the form of Exhibit 4C) shall be sent via U.S. mail where possible and the address information can be determined by mailing the Settlement Administrator from the Class List and/or reverse address lookup. d. Notice of the Settlement (substantially in the form of Exhibit 5Exhibits C and D) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇Notice Date.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C and D attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may may: (a) obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlementSettlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (d) object to any aspect of the proposed settlementSettlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C and D hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4C) shall be sent via U.S. Mail where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber Defendant has a last-known mailing address or the address information can be located determined by the Settlement Administrator through reverse look-upAdministrator. The individual notice sent via U.S. Mail shall display a PIN number specific to each Settlement Class Member to be used when submitting a claim via the Settlement Website. d. Detailed notice Notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which D) shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related be posted to the Settlement. The URL of the Settlement Website shall be ▇▇▇within twenty-one (21) days of the entry of the Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached Exhibit A hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy the terms of the Proof of Claim FormSettlement and their rights under it; (b) protect their rights regarding the settlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (dc) object to any aspect of the proposed settlement, if desired; (d) submit change-of-address or electronic payment requests on the Settlement Website; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear that Settlement Shares will be sent automatically to each Settlement Class Member who does not file a request for exclusion from the Settlement, the amount of the requested Service Award and Fee Award, and the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Notice shall occur directly via U.S. Postal Mail and e- mail (where available) to each Settlement Class Settlement Notice Member, and shall be the responsibility of the Settlement Administrator. Prior to dissemination of the Notice via U.S. Postal Mail, the Settlement Administrator shall take all reasonable measures (including utilize the National Change of Address directory and any other proprietary or public databases or systems) to confirm that the postal address for each Settlement Class Member on the Class List is the correct, current address for that Settlement Class Member, and shall update any outdated addresses on the Class List with the current addresses it locates. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 Exhibit A hereto. c. Individual notice shall be e-mailed to the List Notice of Potential Settlement Class Members (substantially in the form of Exhibit 4) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall also be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. i. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 Exhibit A attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; may: (bi) protect their rights regarding the settlement; (cii) request exclusion from the Settlement Classes Class and the proposed settlement, if desired; (diii) object to any aspect of the proposed settlement, if desired; and (eiv) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. ii. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms form attached as Exhibits 4–6 hereto.Exhibit A. c. Individual iii. Within fourteen (14) days of entry of the Preliminary Approval Order, individual notice shall be sent via US Mail and e-mailed to the List of Potential Settlement Class Members mail (if available) (substantially in the form of Exhibit 4) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can be located by A). For all mailings returned as undeliverable, the Settlement Administrator through shall perform a reverse look-upup to find updated addresses and will cause the Notice mailing to be re-mailed to those members of the Settlement Class. Defendant will also post the notice at each job site. d. Detailed notice iv. Within fourteen (14) days of entry of the settlement shall be posted on Preliminary Approval Order, the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means Administrator will establish a settlement website established by the Settlement Administrator, which shall contain information about the Settlementcontaining pertinent case documentation, including electronic copies a copy of Exhibits 4-6 (or any forms of these notices that are approved by the Court)Complaint, this the Settlement Agreement, Preliminary Approval Order, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇Notice.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C, D, and E attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may may: (a) obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlementSettlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (d) object to any aspect of the proposed settlementSettlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C, D, and E hereto. c. Short Form Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4C) where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber has a mailing address or the address information can shall be located sent by the Settlement Administrator through reverse look-up. d. Detailed notice of the settlement shall be posted Notice Date via U.S. Mail to individuals on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related to the Settlement. The URL of the Settlement Website shall be ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Account List. d. Notice of the Settlement (substantially in the form of Exhibits C and D) shall be posted on the Settlement Website by the Notice Date. e. The first round of Email Notice of the settlement (substantially in the form of Exhibit E) shall be sent by the Notice Date via email to all Settlement Class Counsel Members on the ▇▇▇▇▇▇.▇▇▇ Account List to the last email addresses they provided to Defendant. The second round of Email Notice shall be sent via email to all Settlement Class Members on the ▇▇▇▇▇▇.▇▇▇ Account List who do not file claims within sixty (60) days of the Notice Date. f. The Settlement Administrator shall design and Uber may subsequently agree conduct an internet advertisement publication notice program on in writingFacebook and Instagram that is sufficient to reach eighty-five percent (85%) of the Settlement Class over a sixty (60) day period. This internet advertisement publication notice shall commence no later than the Notice Date.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C and D attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may may: (a) obtain a copy of the Proof of Claim Form; (b) protect their rights regarding the settlementSettlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (d) object to any aspect of the proposed settlementSettlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C and D hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4C) shall be sent via U.S. Mail where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber Defendant has a last-known mailing address or the address information can be located determined by the Settlement Administrator. Prior to mailing, the Claims Administrator shall run the Class Members’ addresses through reverse lookthe U.S. Postal Service’s National Change of Address database and mail the Notice using the most current mailing address information. For any Class Member whose Notice is returned as undeliverable without a forwarding address, the Settlement Administrator shall promptly conduct a firm level skip trace and re-upsend the Notice per the address (if any) determined by the skip trace. For any Class Member whose Notice is returned as undeliverable with a forwarding address, the Settlement Administrator shall promptly re-mail the Notice using the forwarding address. d. Detailed notice Notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which D) shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related be posted to the Settlement. The URL of the Settlement Website shall be ▇▇▇within sixty (60) days of entry of the Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 attached heretoB and C attached, shall be used for the purpose of informing proposed Settlement Class Members, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may obtain a copy of the Proof of Claim Form; may: (ba) protect their rights regarding the settlementSettlement; (cb) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (dC) object to any aspect of the proposed settlementSettlement, if desired; and (ed) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement ClassesClass. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 hereto.B and C. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4B) shall be sent via U.S. Mail where possible and by mailing (substantially in the form of Exhibit 5) where e-mail delivery is not possible and where Uber Defendant has a last-known mailing address or the address information can be located determined by the Settlement Administrator. Prior to mailing, the Settlement Administrator shall run the Class Members’ addresses through reverse lookthe U.S. Postal Service’s National Change of Address database and mail the Notice using the most current mailing address information. For any Class Member whose Notice is returned as undeliverable without a forwarding address, the Settlement Administrator shall promptly conduct a firm level skip trace and re-upsend the Notice per the address (if any) determined by the skip trace. For any Class Member whose Notice is returned as undeliverable with a forwarding address, the Settlement Administrator shall promptly re-mail the Notice using the forwarding address. d. Detailed notice Notice of the settlement shall be posted on the Settlement Website (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which C) shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related be posted to the Settlement. The URL of the Settlement Website shall be ▇▇▇by the Notice Date.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement

Type of Notice Required. a. The Class Settlement Notice, which shall be substantially in the form of Exhibits 4–6 C, D and E attached hereto, shall be used for the purpose of informing proposed Settlement Class Members, inclusive of Direct Employees, Former Employees, and Temporary Workers, prior to the fairness hearing before the Court (“Fairness Final Approval Hearing”), that there is a pending settlement, and to further (a) inform Settlement Class Members as to how they may may: (a) obtain a copy of the Proof of Claim FormForm if they are a Former Employee or Temporary Worker; (b) protect their rights regarding the settlementSettlement; (c) request exclusion from the Settlement Classes Class and the proposed settlementSettlement, if desired; (d) object to any aspect of the proposed settlementSettlement, if desired; and (e) participate in the Fairness Final Approval Hearing, if desired. Finally, the The Notice shall make clear the binding effect of the settlement Settlement on all persons who do not timely request exclusion from the Settlement Classes.Class. Notice to Direct Employees shall advise that they need not submit a claim form and shall be substantially in the form of Exhibit E. b. Dissemination of the Class Settlement Notice shall be the responsibility of the Settlement Administrator. The text of the Class Settlement Notice shall be agreed upon by the Parties, Parties and shall be substantially in the forms attached as Exhibits 4–6 C, D and E hereto. c. Individual notice shall be e-mailed to the List of Potential Settlement Class Members (substantially in the form of Exhibit 4C) shall be sent via U.S. Mail where possible and by mailing (substantially in the form of Exhibit 5) where eDefendant has or obtains a last-mail delivery is not possible and where Uber has a known mailing address or the address information can be located determined by the Settlement Administrator through reverse look-upAdministrator. The individual notice sent via U.S. Mail shall display a PIN number specific to each Settlement Class Member to be used when submitting a claim via the Settlement Website. d. Detailed The Settlement Administrator, or Class Counsel, shall also post an advertisement or notice on social media and/or in a local newspaper to provide notice of the settlement settlement. The cost of such advertising shall not exceed $1,500 and shall be posted on paid out of the Settlement Website Fund. e. Notice of the settlement (substantially in the form of Exhibit 6). The “Settlement Website” means a website established by the Settlement Administrator, which D) shall contain information about the Settlement, including electronic copies of Exhibits 4-6 (or any forms of these notices that are approved by the Court), this Settlement Agreement, and all Court documents related be posted to the Settlement. The URL of the Settlement Website shall be ▇▇▇within twenty-one (21) days of the entry of the Preliminary Approval Order.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or such other URL as Class Counsel and Uber may subsequently agree on in writing.

Appears in 1 contract

Sources: Settlement Agreement