Common use of CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION Clause in Contracts

CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION. 13 5.1. The Settlement Administrator shall, under the supervision of the Court, administer 14 the relief provided by this Settlement Agreement by processing Claim Forms in a rational, 15 responsive, cost effective, and timely manner. The Settlement Administrator shall maintain 16 reasonably detailed records of its activities under this Agreement. The Settlement Administrator 17 shall maintain all such records as are required by applicable law in accordance with its normal 18 business practices and such records will be made available to Class Counsel and Defendants’ 19 Counsel upon request. The Settlement Administrator shall also provide reports and other 20 information to the Court as the Court may require. The Settlement Administrator shall provide 21 Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and 22 implementation of the Settlement Agreement. Should the Court request, the Parties shall submit 23 a timely report to the Court summarizing the work performed by the Settlement Administrator, 24 including a post-distribution accounting of all amounts from the Settlement Fund paid to 25 Settlement Class Members, the number and value of checks not cashed, the number and value of 26 electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without 27 limiting the foregoing, the Settlement Administrator shall: (a) Receive requests to be excluded from the Settlement Class and promptly 2 provide Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator 3 receives any exclusion forms after the deadline for the submission of such forms, the Settlement 4 Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;

CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION. 13 25 5.1. The Settlement Administrator shall, under the supervision of the Court, administer 14 26 the relief provided by this Settlement Agreement by processing Claim Forms in a rational, 15 27 responsive, cost effective, and timely manner. The Settlement Administrator shall maintain 16 1 reasonably detailed records of its activities under this Agreement. The Settlement Administrator 17 2 shall maintain all such records as are required by applicable law in accordance with its normal 18 3 business practices and such records will be made available to Class Counsel and Defendants’ 19 Defendant’s 4 Counsel upon request. The Settlement Administrator shall also provide reports and other 20 5 information to the Court as the Court may require. The Settlement Administrator shall provide 21 6 Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and 22 7 implementation of the Settlement Agreement. Should the Court request, the Parties shall submit 23 8 a timely report to the Court summarizing the work performed by the Settlement Administrator, 24 9 including a post-distribution accounting of all amounts from the Settlement Fund paid to 25 10 Settlement Class Members, the number and value of checks not cashed, the number and value of 26 11 electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without 27 12 limiting the foregoing, the Settlement Administrator shall: (a) Receive requests to be excluded from the Settlement Class and promptly 2 14 provide Class Counsel and Defendants’ Defendant’s Counsel copies thereof. If the Settlement Administrator 3 15 receives any exclusion forms after the deadline for the submission of such formsObjection/Exclusion Deadline, the Settlement 4 Administrator 16 shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel;

CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION. 13 18 5.1. The Settlement Administrator shall, under the supervision of the Court, administer 14 19 the relief provided by this Settlement Agreement by processing Claim Forms in a rational, 15 20 responsive, cost effective, and timely manner. The Settlement Administrator shall maintain 16 21 reasonably detailed records of its activities under this Agreement. The Settlement Administrator 17 22 shall maintain all such records as are required by applicable law in accordance with its normal 18 23 business practices and such records will be made available to Class Counsel and Defendants’ 19 Defendant’s 24 Counsel upon request. The Settlement Administrator shall also provide reports and other 20 25 information to the Court as the Court may require. The Settlement Administrator shall provide 21 26 Class Counsel and Defendants’ Defendant’s Counsel with information concerning Notice, administration, and 22 27 implementation of the Settlement Agreement. Should the Court request, the Parties shall submit 23 1 a timely report to the Court summarizing the work performed by the Settlement Administrator, 24 2 including a post-distribution accounting of all amounts from the Settlement Fund paid to 25 3 Settlement Class Members, the number and value of checks not cashed, the number and value of 26 4 electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without 27 5 limiting the foregoing, the Settlement Administrator shall: : 6 (a) Receive requests to be excluded from the Settlement Class and promptly 2 7 provide Class Counsel and Defendants’ Defendant’s Counsel copies thereof. If the Settlement Administrator 3 8 receives any exclusion forms after the deadline for the submission of such forms, the Settlement 4 9 Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel;; 10 (b) Provide weekly reports to Class Counsel and Defendant’s Counsel 11 regarding the number of Claim Forms received, the amount of the Settlement Payments 12 associated with those Claim Forms, and the categorization and description of Claim Forms 13 rejected, in whole or in part, by the Settlement Administrator; and

CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION. 13 23 5.1. The Settlement Administrator shall, under the supervision of the Court, administer 14 24 the relief provided by this Settlement Agreement by processing Claim Forms in a rational, 15 25 responsive, cost effective, and timely manner. The Settlement Administrator shall maintain 16 26 reasonably detailed records of its activities under this Agreement. The Settlement Administrator 17 27 shall maintain all such records as are required by applicable law in accordance with its normal 18 1 business practices and such records will be made available to Class Counsel and Defendants’ 19 2 Counsel upon request. The Settlement Administrator shall also provide reports and other 20 3 information to the Court as the Court may require. The Settlement Administrator shall provide 21 4 Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and 22 5 implementation of the Settlement Agreement. Should the Court request, the Parties shall submit 23 6 a timely report to the Court summarizing the work performed by the Settlement Administrator, 24 7 including a post-distribution accounting of all amounts from the Settlement Fund paid to 25 8 Settlement Class Members, the number and value of checks not cashed, the number and value of 26 9 electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without 27 10 limiting the foregoing, the Settlement Administrator shall: : 11 (a) Receive requests to be excluded from the Settlement Class and promptly 2 12 provide Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator 3 13 receives any exclusion forms after the deadline for the submission of such formsObjection/Exclusion Deadline, the Settlement 4 14 Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;; 15 (b) Provide weekly reports to Class Counsel and Defendants’ Counsel 16 regarding the number of Claim Forms received, the amount of the Settlement Payments 17 associated with those Claim Forms, and the categorization and description of Claim Forms 18 rejected, in whole or in part, by the Settlement Administrator; and

CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION. 13 15 5.1. The Settlement Administrator shall, under the supervision of the Court, administer 14 16 the relief provided by this Settlement Agreement by processing Claim Forms in a rational, 15 17 responsive, cost effective, and timely manner. The Settlement Administrator shall maintain 16 18 reasonably detailed records of its activities under this Agreement. The Settlement Administrator 17 19 shall maintain all such records as are required by applicable law in accordance with its normal 18 20 business practices and such records will be made available to Class Counsel and Defendants’ 19 21 Counsel upon request. The Settlement Administrator shall also provide reports and other 20 22 information to the Court as the Court may require. The Settlement Administrator shall provide 21 23 Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and 22 24 implementation of the Settlement Agreement. Should the Court request, the Parties shall submit 23 25 a timely report to the Court summarizing the work performed by the Settlement Administrator, 24 26 including a post-distribution accounting of all amounts from the Settlement Fund paid to 25 27 Settlement Class Members, the number and value of checks not cashed, the number and value of 26 1 electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without 27 2 limiting the foregoing, the Settlement Administrator shall: (a) Receive requests to be excluded from the Settlement Class and promptly 2 4 provide Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator 3 5 receives any exclusion forms after the deadline for the submission of such formsObjection/Exclusion Deadline, the Settlement 4 Administrator 6 shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;

CLAIMS PROCESS AND SETTLEMENT ADMINISTRATION. 13 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer 14 the relief provided by this Settlement Agreement by processing Claim Forms in a rational, 15 responsive, cost effective, and timely manner. The Settlement Administrator shall maintain 16 reasonably detailed records of its activities under this Agreement. The Settlement Administrator 17 shall maintain all such records as are required by applicable law in accordance with its normal 18 business practices and such records will be made available to Class Counsel and Defendants’ 19 Counsel upon request. The Settlement Administrator shall also provide reports and other 20 information to the Court as the Court may require. The Settlement Administrator shall provide 21 Class Counsel and Defendants’ Counsel with information concerning Notice, administration, and 22 implementation of the Settlement Agreement. Should the Court request, the Parties shall submit 23 a timely report to the Court summarizing the work performed by the Settlement Administrator, 24 including a post-distribution accounting of all amounts from the Settlement Fund paid to 25 Settlement Class Members, the number and value of checks not cashed, the number and value of 26 electronic payments unprocessed, and the amount distributed to any cy pres recipient. Without 27 limiting the foregoing, the Settlement Administrator shall: (a) Receive requests to be excluded from the Settlement Class and promptly 2 provide Class Counsel and Defendants’ Counsel copies thereof. If the Settlement Administrator 3 receives any exclusion forms after the deadline for the submission of such forms, the Settlement 4 Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel; (b) Provide weekly reports to Class Counsel and Defendants’ Counsel regarding the number of Claim Forms received, the amount of the Settlement Payments associated with those Claim Forms, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (c) Make available for inspection by Class Counsel and Defendants’ Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2 The Settlement Administrator shall distribute Settlement Payments according to the provisions enumerated in Section 2.1. To the extent it is unclear to the Settlement Administrator whether a Settlement Class Member holds a Non-DRP Claim or DRP Claim, the Settlement Administrator shall seek guidance from Class Counsel and Defendants’ Counsel. 5.3 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud, including by cross-referencing Approved Claims with the Class List. The Settlement Administrator shall determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such person reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than twenty-eight (28) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than twenty-eight (28) calendar days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator may contact any person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form. 5.4 Class Counsel and Defendants’ Counsel shall both have the right to challenge the Settlement Administrator’s acceptance or rejection of any particular Claim Form or the amount proposed to be paid on account of any particular Settlement Class Member’s claim. The Settlement Administrator shall follow any joint decisions of Class Counsel and Defendants’ Counsel as to the validity or amount of any disputed claim. Where Class Counsel and Defendants’ Counsel disagree, the Settlement Administrator will finally resolve the dispute and the claim will be treated in the manner designated by the Settlement Administrator.