Cy Pres. After the Date Settlement Checks Expire, if there remain monies in the Net Settlement Fund, those monies will not revert to Defendant but will, after deduction of any final costs of administration, be paid to the Cy Pres Recipient(s) in the amount(s) set forth on the Key Terms Page.
Cy Pres. 10.5.1. The Parties recognize that there likely will be some checks issued by the Settlement Administrator that will not be delivered successfully, or that will not be cashed within one year, and therefore will become void as set forth in Paragraph 10.4.3 of this Agreement.
10.5.2. The Parties agree that the amounts remaining in the Refund Account as a result of such undelivered and uncashed checks shall be distributed to the following organizations as Cy Pres recipients at the following proportional distribution: Community Legal Aid, Inc. (forty-five (45) percent); the Transformational Prison Project (thirty-five (35) percent); and the Tufts Education Reentry Network program (“MyTern”) (twenty (20) percent).
10.5.3. The distribution of funds to the Cy Pres recipients pursuant to Paragraph 10.5.2 shall be conditioned upon the recipients using such funds only to support the organizations identified in Paragraph 10.5.2 and only for charitable purposes, and may be conditioned upon compliance with any additional terms as may be set forth by the Parties prior to such distribution that further the purpose of the Cy Pres distribution. If it becomes improper or impossible for a Cy Pres recipient to comply with these conditions, the Cy Pres recipient must inform Class Counsel and Counsel for the Commonwealth of this development and return any unspent funds to the Settlement Administrator so that the funds may be reallocated to other Cy Pres recipients.
10.5.4. If the amount of the distribution to a Cy Pres recipient exceeds the amount that can be used by the Cy Pres recipient in conformity with the conditions set forth in Paragraph 10.5.3, the Parties may reallocate such excess amounts to other Cy Pres recipients.
Cy Pres. 15.6.1 In the event that any portion of a State Specific Fund has not been distributed as provided for by this Agreement after a period of four hundred (400) days has elapsed from the date on which settlement checks are mailed by the Claims Administrator, then such remaining amounts shall be used first to pay any otherwise valid claims against that State Specific Fund that were excluded from the Class Monetary Distribution through error or omission of the Claims Administrator. If, after such further actions, Gift Cards or funds that were available to be distributed through Gift Cards still have not been distributed, Kmart may cancel half the total value of such remaining Gift Cards or amount available to be distributed through Gift Cards and shall release half the amount remaining in the Gift Card Fund attributable to the relevant State Specific Fund. Any further balance remaining in such State Specific Fund, including all remaining cash and the other half of the Gift Cards (by value), shall be paid as follows:
15.6.1.1 Remaining funds from the State Specific Fund for California shall be paid to the Disability Rights Education & Defense Fund, 0000 Xxxxx Xxxxxx, Xxxxxxxx, XX 00000.
15.6.1.2 Remaining funds from the State Specific Fund for Colorado shall be paid to the Colorado Cross-Disability Coalition, 000 Xxxxxxxx, Xxxxx 000, Xxxxxx, XX 00000.
15.6.1.3 Remaining funds from the State Specific Fund for Hawai’i shall be paid to the Hawai’i Disability Rights Center, 000 Xxxx Xxxxxx Xxxx, Xxxxx 0000, Xxxxxxxx, Xxxxxx 00000.
15.6.1.4 Remaining funds from the State Specific Fund for Massachusetts shall be paid to the Disability Law Center, Inc., 00 Xxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, XX 00000.
15.6.1.5 Remaining funds from the State Specific Fund for New York shall be paid to the Anti-Discrimination Center of Metro New York, 000 Xxxxxxxx, Xxxxx 0000, Xxx Xxxx, XX 00000-0000.
15.6.1.6 Remaining funds from the State Specific Fund for Oregon shall be paid to the Oregon Advocacy Center, 000 XX Xxxxx Xxx., 0xx Xxxxx, Xxxxxxxx, XX 00000-0000.
15.6.1.7 Remaining funds from the State Specific Fund for Texas shall be paid to Advocacy, Inc., 0000 Xxxxx Xxxxx Xxxxxxxxx, Xxxxx 000-X, Xxxxxx, Xxxxx 00000-1024.
15.6.2 The Cy Pres recipients may raffle, donate, transfer, or use Gift Cards in order to support their exempt purposes and activities.
Cy Pres. After the Settlement Fund is used for payment of: (i) Settlement 11 Administration Expenses, (ii) the Fee Award, and (iii) the Incentive Award, the balance of the 12 Settlement Fund shall be distributed to the Cy Pres Recipients. The Parties agree that Plaintiffs 13 shall designate the Cy Pres Recipients pursuant to the following parameters, and subject to Court
Cy Pres. If any checks remain uncashed or not deposited by the expiration of the 90-day period after mailing the reminder notice, the Settlement Administrator will, within two hundred (200) calendar days after the checks are mailed, cancel the checks. All funds associated with the Individual Settlement Share checks returned as undeliverable and funds associated with those Individual Settlement Share checks remaining un-cashed, shall be transmitted by the Settlement Administrator to a cy pres beneficiary. The cy pres beneficiary selected by the Parties is The United Way. The United Way is a non-profit organization that supports projects that benefit employees and applicants throughout the State of California.
Cy Pres. If funds remain after the payments are made as described herein, remaining amounts will be donated to North Shore Animal League America.
Cy Pres. It is the Parties’ intent to distribute the entirety of the Settlement Fund to Settlement Class Members pursuant to Sections 3.8 (a)-(c). If, after distributing the funds from the Settlement Fund in accordance with Sections 3.8 (a)-(c), including the payment of notice and administration costs, any cash remains in the Settlement Fund from uncashed checks, the remaining funds will be distributed to the Center for Science and the Public Interest (“CSPI”) as a
Cy Pres. Upon occurrence of the Effective Date, the City shall distribute settlement payments in accordance with Section II of the Agreement. To the extent a check is not cashed within one hundred and eighty (180) days of the date it is mailed, the funds shall be deposited with an appropriate non-profit legal services entity that provides services for persons who reside in the City of Indio. This recipient shall be mutually agreed upon by the Parties.
Cy Pres. 12. The Court approves the Parties’ designation of Make the Road NY and The Consortium for Worker Education as the Cy Pres recipients, in equal shares, of undistributed funds as stipulated and detailed in the Settlement Agreement and authorizes the Parties to insert this designation in the Notice package. It is so ORDERED this day of , 2018. Xxxxxxxxx Xxxxxx X. Cote United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Cy Pres. 175 days after the Distribution Date, the residue of the Settlement Fund including any monies from uncashed checks, if any, shall be distributed to a 26 U.S. §501(c)(3) non-profit charitable organization(s) to be agreed upon by the Parties and approved by the Court. The Parties propose HomeAid, a nonprofit developer of housing and programmatic facilities for people experiencing or at risk of homelessness. Neither the Parties nor their counsel have any relationship with the proposed Non-Profit Recipient.
