ADMINISTRATION OF THE SETTLEMENT. Any Settlement Class Member who fails timely to submit a valid Proof of Claim (substantially in the form of Exhibit 2 to Exhibit A) will not be entitled to receive any of the proceeds from the Net Settlement Fund, except as otherwise ordered by the Court, but will otherwise be bound by all of the terms of this Stipulation and the Settlement, including the terms of the Judgment or Alternative Judgment to be entered in the Action and all releases provided for herein, and will be barred from bringing any action against the Released Defendant Parties concerning the Released Claims.
ADMINISTRATION OF THE SETTLEMENT. The Parties are hereby directed to implement the Settlement Agreement according to its terms and provisions. The Administrator is directed to provide Claim Settlement Payments to those Settlement Class Members who submit valid, timely, and complete Claims.
ADMINISTRATION OF THE SETTLEMENT. (a) Any OTC Class Member who does not submit a valid proof of claim will not be entitled to receive any of the proceeds from the Net Settlement Fund, but will otherwise be bound by all of the terms of this Agreement and the settlement, including the terms of the Final Judgment and Order of Dismissal to be entered in the OTC Action and the releases provided for herein, and will be barred from bringing any action against the Released Parties concerning the Released Claims.
(b) The Claims Administrator shall process this settlement based upon proofs of claim submitted in connection with the settlement, and, after entry of the Class Distribution Order, distribute the Net Settlement Fund in accordance with the Class Distribution Order. Except for its obligation to fund the settlement or cause it to be funded as detailed in this Agreement, Barclays shall have no liability, obligation, or responsibility for the administration of the settlement or disbursement of the Net Settlement Fund. OTC Plaintiffs’ Counsel shall have the right but not the obligation to advise the Claims Administrator to waive what OTC Plaintiffs’ Counsel reasonably deems to be formal or technical defects in any proofs of claim submitted, including, without limitation, failure to submit a document by the submission deadline, in the interests of achieving substantial justice.
(c) For purposes of determining the extent, if any, to which an OTC Class Member shall be entitled to be treated as an Authorized Claimant, the following conditions shall apply:
(i) Each OTC Class Member, at a time determined by the Court, shall be required to submit a proof of claim (as shall be approved by the Court) which, inter alia, releases all Released Claims against all Released Parties, is signed under penalty of perjury by an authorized Person, and is supported by such documents or proof as OTC Plaintiffs’ Counsel and the Claims Administrator, in their discretion, may deem acceptable;
(ii) All proofs of claim must be submitted by the date specified in the Preliminary Approval Order, unless such period is extended by order of the Court. Any OTC Class Member who fails to submit a proof of claim by such date shall be forever barred from receiving any payment pursuant to this Agreement (unless, by order of the Court, a later submitted proof of claim by such OTC Class Member is approved) but shall in all other respects be bound by all of the terms of this Agreement and the settlement, including the terms of the Final ...
ADMINISTRATION OF THE SETTLEMENT. Any Settlement Class Member who fails to timely submit a valid Claim Form (substantially in the form of Exhibit 2 to Exhibit A) will not be entitled to receive any distribution from the Net Settlement Fund, except as otherwise ordered by the Court or allowed by Lead Counsel in their discretion, but will otherwise be bound by all of the terms of this Stipulation and the Settlement, including the terms of the Judgment or Alternative Judgment to be entered in the Action and all releases provided for herein, and will be barred and enjoined, to the fullest extent permitted by law, from commencing, instituting, prosecuting, or maintaining any and all of the Released Plaintiff’s Claims against any and all of the Released Defendant Parties.
ADMINISTRATION OF THE SETTLEMENT. Any member of the Class who does not submit a valid Proof of Claim will not be entitled to receive any of the proceeds from the Net Settlement Fund, but will otherwise be bound by all of the terms of this Stipulation and the Settlement, including the terms of the Final Judgment to be entered in the Action and the releases provided for herein, and will be barred from bringing any action against the Released Defendant Parties concerning the Released Claims.
ADMINISTRATION OF THE SETTLEMENT. Ford will retain the Claims Administrator to administer the program described above and will bear all costs and expenses related to the administration of the Settlement. Promptly after the Preliminary Approval Date and prior to mailing the Short Form Class Notice, the Claims Administrator will establish a Settlement Website and a toll-free telephone number to provide information to Class Members concerning the Settlement, including, but not limited to, relevant Settlement deadlines and dates, the Long Form Class Notice, Claim Forms (when available), administration of the claim process, the status of the Settlement approval process, and applicable Settlement deadlines. The Settlement Website shall permit Class Members to submit their claims electronically beginning shortly after the Approval Date, although the Claims Administrator will not begin reviewing and processing claims until after the Effective Date. The Claims Administrator shall also establish a toll-free telephone number that Class Members may call for information and a mailing address to which Class Members can send Claim Forms. The Claims Administrator shall also make arrangements for the Publication Notice. The Claims Administrator shall provide regular updates to Class Counsel and Ford concerning the number of claims received by the Claims Administrator, the number of claims reviewed by the Claims Administrator, the number of approval letters sent and the value of each approved claim, the total dollar amount of claims approved, the number of denial letters sent and the basis for each rejected claim, and the number of additional claims still undergoing processing. Class Counsel or Ford may request information specific to one or more claims processed by the Claims Administrator to evaluate and assess the claim administration process or any concerns raised by a specific Class Member. The Claims Administrator shall provide Class Counsel and Ford with the e-mail addresses and other contact information for Class Members who submit claims.
ADMINISTRATION OF THE SETTLEMENT. Any Settlement Class Member who does not submit a timely and valid Proof of 3 Claim will not be entitled to receive any of the proceeds from the Net Settlement Fund, but will 4 otherwise be bound by all of the terms in this Stipulation and the Partial Settlement, including the 5 terms of the Judgment to be entered in the Action and the releases provided for herein, and will be 6 barred from bringing any action against the Released Parties concerning the Settled Class Claims.
ADMINISTRATION OF THE SETTLEMENT. Any Settlement Class Member who fails to submit a valid Claim Form (substantially in the form of Exhibit A-2) will not be entitled to receive any of the proceeds from the Net Settlement Fund, except as otherwise ordered by the Court, but will otherwise be bound by all of the terms of this Stipulation and the Settlement, including the terms of the Judgment or Alternative Judgment to be entered in the Action and all releases provided for herein, and will be forever barred and enjoined from bringing, maintaining, prosecuting any action against each and every one of the Released Defendant Parties concerning the Released Claims or enforcing any and all Released Claim against each and every one of the Released Defendant Parties.
ADMINISTRATION OF THE SETTLEMENT. The Claims Administrator shall administer the Settlement under Lead Counsel’s supervision and subject to the exclusive jurisdiction of the District Court. Defendants shall have no role in or responsibility (including without limitation monetary responsibility) for administering the Settlement; no role in or responsibility for reviewing or challenging the claims submitted; and no liability whatsoever to any person or entity including, but not limited to, Lead Plaintiff, other Class Members, any other plaintiffs, any Class Member’s counsel, or Lead Counsel in connection with the administration of the Settlement. Without limiting the foregoing, the Defendants shall not be liable to any person with regard to any disclosure to the Claims Administrator of personal or potentially private account information, including without limitation the names, addresses, and account transaction data for individual Class Members, the accuracy of such information, or the identity of the Class Members.
ADMINISTRATION OF THE SETTLEMENT. Within 45 days after the Preliminary Approval Order, Xxxx will direct the Settlement Administrator to open a “Ford Claim Center” to receive and appropriately respond to all claims submitted by Members of the Settlement Classes. The Ford Claim Center will include: (1) personnel assigned to manage the settlement implementation process; (2) a toll-free telephone number that Members of the Settlement Classes may call to obtain information; (3) a mailing address to which Members of the Settlement Classes can send claims for reimbursement; and (4) a website containing information about the Settlement, including claim forms that can be completed online and prepopulated, where possible, with information regarding ownership and MFT Software Warranty Repairs. The claims submission deadline will be at least 60 days prior to the Fairness Hearing Ford will bear the majority of the costs and expenses related to the administration of this Settlement. Class Counsel will bear the costs associated with the Software Update Notice.
