DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST. Distribution Protocol(s)
DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST.
5.1 Distribution Protocol
(1) After the Effective Date, at a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will make an application seeking orders from the Courts approving the Distribution Protocol.
(2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in out-of-class settlements, unless by such proceedings or out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation.
DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST. 13.1 Distribution Protocol
(1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring.
(2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation.
DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST. 7.1 Settlement Payments
(a) The Settlement Amount shall be held by the Claims Administrator in trust for the benefit of Eligible Class Members and, after the Effective Date, shall be paid in accordance with this Settlement Agreement and its schedules, subject to approval by the Ontario Court.
(b) The amount being paid to OHIP and Medicare, pursuant to paragraph 3.1(a)(ii) shall be held by the Claims Administrator in trust for the benefit of OHIP and Medicare and, after the Effective Date, shall be paid in accordance with the Schedule “F” hereto, subject to approval by the Ontario Court.
(c) The Claims Administrator shall administer payments to Eligible Class Members in accordance with paragraph 3.4(a) of this Settlement Agreement.
7.2 Monies in the Account
(a) In no event shall Mezentco, Medbuy or the Hospitals have any responsibility, financial obligations, or liability whatsoever with respect to the investment, distribution, use, or administration of monies in the Account, including, but not limited to, the costs and expenses of such investment, distribution, use, and administration. In no event shall Mezentco, Medbuy or the Hospitals have any responsibility, financial obligations, or liability whatsoever with respect to Administration Expenses and/or Class Counsel Fees except as otherwise provided for in Article 3 of this Settlement Agreement.
DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST. 8.1 Monies in the Account
DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST.
10.1 DISTRIBUTION PROTOCOL
1. At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendant, Class Counsel will bring an application seeking an order from the Court approving the Distribution Protocol. The application can be brought before the Effective Date, but the order approving the Distribution Protocol shall be conditional on the Effective Date occurring.
2. The Plaintiff has advised that the proposed Distribution Protocol will contain a mechanism whereby, if the total of the timely, valid, and approved claims submitted by Class Members is less than the available funds, the remaining funds will be distributed cy pres.
DISTRIBUTION OF THE SETTLEMENT AMOUNT AND ACCRUED INTEREST
