Defendants and Class Sample Clauses
Defendants and Class. Counsel shall have the right, but no obligation, to review and comment on all appeals, obtain information and documents necessary to the appeals, and confer with the Settlement Administrator regarding determinations of appeals. The expense for each appeal to the Settlement Administrator shall be borne by Defendants. Class Counsel shall be able to spend reasonable time evaluating appeals and can be reimbursed for actual time spent reviewing those appeals, up to a cap of $600,000, so long as Class Counsel submit documentation to Hyundai and/or Kia that shows the time spent and identifies the appeals reviewed. These costs shall not be paid from the Common Fund. Instead, Defendants shall be responsible for paying these costs separately and in addition to any fees and costs awarded to Class Counsel.
Defendants and Class. Counsel shall supervise the Claim Administrator in the performance of the Notice functions set forth in this Section IV. However, Settlement Class Members shall have no recourse as to the Released Parties with respect to any claims they may have that arise from any failure of the Notice process provided that the Released Parties comply with any obligations they have under this Section IV of this Settlement Agreement.
Defendants and Class. Counsel will select an Independent Monitor to determine whether the obligations set forth in this Section have been fulfilled. The Independent Monitor’s review will be limited to review of: (1) the RFP, RFP responses, the Plan fiduciaries’ decision with respect to the recordkeeping RFP described in this Section, and the final executed contract; (2) a copy of any Plan amendments executed during the Settlement Period related to how fees are allocated to participants, the Company Stock Fund, or changes to plan core investment options; (3) a list of the Plans’ investment options, asset amounts, and fees charged; (4) invoices for service providers that provide services to any plan sponsored by International Paper in addition to the Plans, which reflect discounts from the service providers, how these discounts were calculated (including amount of assets applied to particular discount), and how the discounts were allocated among the plans; (5) participant communications required by Department of Labor regulations; and (6) information sufficient to determine whether any reimbursements paid to International Paper meet the requirements for reimbursement of direct expenses. The Independent Monitor will send to Defendants any request for information with a copy sent to Class Counsel. The Independent Monitor will report to Class Counsel and to Defendants only if it believes that, based on its review of the Affirmative Relief information, Defendants have materially failed to comply with any of the Affirmative Relief provisions of this Section.
Defendants and Class. Members agree to a mutual arbitration clause that includes a 2 jury and class action waiver for certain claims. (SA § 7.1.5.) 3 The parties have submitted a declaration by an expert, C. ▇▇▇▇ ▇▇▇▇▇▇, a Senior Managing 4 Director of FTI Consulting, Inc., that values the total gains to Class Members from the contract 5 changes at $15,547,489.