Common use of Appointment of Settlement Administrator Clause in Contracts

Appointment of Settlement Administrator. Class Counsel will ask the District Court to approve the CPT Group as a qualified administrator to serve as the Claims Administrator, which, as a condition of appointment, will agree to be bound by this Agreement with respect to the performance of its duties and its compensation. The Claims Administrator’s duties will include preparing, printing, and mailing the Class Notice Packet to all Class Members by both U.S. mail and email; conducting a National Change of Address search on any Class Notice Packet returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class Notice Packet to the Class Member’s new address; receiving and reviewing for validity completed opt out request and Notices of Objection; providing the Parties with weekly status reports about the delivery of Class Notice Packets and receipt of any disputes to the Work Periods identified in Class Member’s Benefit Forms, receipt of any written opt outs and receipt of Notices of Objection; calculating the total number of Work Periods for the entire Class and determining Class Members’ respective Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement (including, but not limited to, IRS Form(s) 1099); distributing any remaining funds as directed by the District Court; and otherwise administering the Settlement pursuant to this Agreement. The Claims Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s Settlement Share, subject to the dollar limitations set forth in this Agreement.

Appointment of Settlement Administrator. Class Counsel The Parties will ask the District Court to approve the CPT Group as appoint Settlement Services, Inc., a qualified administrator administrator, to serve as the Claims Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Agreement Settlement with respect to the performance of its duties and its compensationduties. The Claims Settlement Administrator will open and administer an interest-bearing account or accounts (“Settlement Fund Account(s)”) approved by Class Counsel with a unique Tax Payer Identification Number. The monetary payments described above in section I.A. will be transferred into this Settlement Fund Account(s) upon final approval of the Court and entry of a Judgment that becomes Final. The Settlement Fund Account(s) will constitute a qualified settlement fund within the meaning of Treasury Regulations §§ 1.468B-1, et seq., and it will be created, managed, and disbursed by the Settlement Administrator under the supervision and at the direction of Class Counsel. Defendants shall hereby be deemed to have made an election under Section 468B of the Revenue Code to have the Settlement Fund treated as a “qualified settlement fund.” Defendants shall timely furnish a statement to the Settlement Administrator that complies with Treasury Regulation § 1.468B-3(e) and shall attach a copy of the statement to its federal income tax return that is filed for the taxable year in which Defendants make the required payments. Defendants will have no responsibilities or liabilities with respect to the Settlement Fund Account(s), its administration, or distribution therefrom. In addition to the above, the Settlement Administrator’s duties will shall include preparingresponsibility for all tax reporting, printingtax withholding, and mailing tax withholding payments to appropriate governmental agencies associated with payments from the Settlement Fund to the Named Plaintiffs, the FLSA opt-in Plaintiffs, and the Class Notice Packet Members. In association with these duties, the Settlement Administrator will calculate the employers’ share of taxes (FICA, FUTA, SUTA) due on any payments designated as wages made to all the named Plaintiffs, FLSA opt-in Plaintiffs, and the Class Members who file Claim Forms. Upon the close of the Claims Period, the Settlement Administrator shall inform the Defendants of the amount of the employer’s share of taxes in writing by both U.S. sending the same by email and regular mail to the Defendants in accordance with Section V.11. below, and email; conducting a National Change the Defendants will pay such amount into the Qualified Settlement Fund within ten (10) business days of Address search on any Class Notice Packet returned the date of the notification by the U.S. Postal Service as non-deliverableSettlement Administrator. Defendants' obligation to pay the employer's share of taxes is in addition to the amounts Defendants have agreed to pay pursuant to the preceding sections, and re-mailing the Class Notice Packet to the Class Member’s new address; receiving they shall be jointly and reviewing for validity completed opt out request and Notices of Objection; providing the Parties with weekly status reports about the delivery of Class Notice Packets and receipt of any disputes to the Work Periods identified in Class Member’s Benefit Forms, receipt of any written opt outs and receipt of Notices of Objection; calculating the total number of Work Periods severally liable for the entire Class and determining Class Members’ respective Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement (including, but not limited to, IRS Form(s) 1099); distributing any remaining funds as directed by the District Court; and otherwise administering the Settlement pursuant to this Agreementpayment of these amounts. The Claims Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of provide Class Counsel an invoice for their services on a Participating Class Member’s Settlement Share, subject to the dollar limitations set forth in this Agreementmonthly basis.

Appointment of Settlement Administrator. Class Counsel will ask the District Court to approve the CPT Group as a qualified administrator to serve Phoenix as the Claims AdministratorSettlement Administrators, which, as a condition of appointment, will agree to be bound by this Agreement with respect to the performance of its duties and its compensation. The Claims Administrator’s duties will include preparing, printing, and mailing to all Class Members the Class Notice Packet; translating the Class Notice Packet from English to all Class Members by both U.S. mail and emailSpanish; conducting a National Change of Address search on and using Accurint and other reasonable and cost-effective skip trace methods to locate any Class Member whose Class Notice Packet was returned by the U.S. Postal Service as non-non- deliverable, and rere- setting up a toll-mailing the free telephone number to field calls from Class Notice Packet to the Class Member’s new addressMembers in English and Spanish; receiving and reviewing Requests for validity completed opt out request and Notices of ObjectionExclusion from the Settlement; providing the Parties with weekly status reports about the delivery of Class Notice Packets and receipt of any disputes to the Work Periods identified in Class Member’s Benefit Forms, receipt of any written opt outs and receipt of Notices of ObjectionRequests for Exclusions; calculating the total number of Work Periods for the entire Class and determining Class Members’ respective Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement (including, but not limited to, IRS Form(s) 1099); distributing any remaining funds as directed by the District Court; and otherwise administering the Settlement pursuant to this Agreement. The Claims Settlement Administrator also will be responsible for issuing to Plaintiffs, Participating Class Members, PAGA Aggrieved Employees, and Class Counsel any W-2, 1099, or other tax forms as may be required by law for all amounts paid pursuant to this Settlement, as well as forwarding all payroll taxes, contributions, and withholdings to the appropriate government authorities. The Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s Settlement Share, subject to the dollar limitations set forth in this Agreement. The Settlement the Class Notice Packet, will be paid out of the Gross Settlement Amount, as approved by the Court.

Appointment of Settlement Administrator. Class Counsel The Parties will ask the District Court to approve the CPT Group as appoint a qualified administrator to serve as the Claims mutually acceptable Settlement Administrator, which, as a condition of appointment, will agree to be bound by this Agreement with respect to the performance of its duties and its compensation. The Claims Settlement Administrator’s duties will include preparing, printing, and mailing the Class Notice Packet to all Class Members by both U.S. mail and emailthe Class Notice; conducting a National Change of Address search on and using Accurint and other reasonable and cost-effective skip trace methods to locate any Class Member whose Class Notice Packet was returned by the U.S. Postal Service as non-deliverable, and re-mailing the Class Notice Packet to the Class Member’s new address; setting up a toll-free telephone number to receive calls from Class Members; creating a dedicated website to provide information (in English and Spanish) about the Settlement, including and this Agreement and its exhibits and separately the information set forth in Exhibit D to this Agreement and an area where Class Members can update their addresses; receiving and reviewing for validity completed opt out request and Notices of Objectionelections not to participate in the Settlement; providing the Parties with weekly status reports about the delivery of Class Notice Packets Notices and receipt of any disputes elections not to participate in the Work Periods identified in Class Member’s Benefit Forms, receipt of any written opt outs and receipt of Notices of ObjectionSettlement; calculating the total number of Work Periods for the entire Class and determining Class Members’ respective Settlement Shares; issuing the checks to effectuate the payments due under the Settlement; issuing the tax reports required under this Settlement (including, but not limited to, IRS Form(s) 1099); distributing any remaining funds as directed by the District Court; and otherwise administering the Settlement pursuant to this Agreement. The Claims Settlement Administrator will have the final authority to resolve all disputes concerning the calculation of a Participating Class Member’s Settlement Share, subject to the dollar limitations set forth in this Agreement. The Settlement Administrator’s reasonable fees and expenses, including the cost of printing and mailing the Class Notices, will be paid out of the Maximum Settlement Amount.