Common use of Duties of Settlement Administrator Clause in Contracts

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Providing Notice to Settlement Class Members via U.S. mail; d. Establishing and maintaining the Settlement Website; e. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. Responding to any mailed or emailed Settlement Class Member inquiries within one (1) business day; g. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s Counsel; h. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual Recipient; i. Providing weekly or other periodic reports to Class Counsel and Experian’s Counsel that include information regarding the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. Performing any function related to Settlement administration at the agreed- upon instruction of Class Counsel or Experian’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

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Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List from RadNet for the purpose of disseminating Notice to Settlement Class Members; c. Providing Notice and reminder Notice to Settlement Class Members via U.S. mail; d. Serving the Class Action Fairness Act (“CAFA”) notice required by 28 U.S.C. § 1715 within ten (10) days after Plaintiffs file the motion to preliminarily approve the Settlement; e. Filing with the Court, at least 30 days prior to the Final Approval Hearing, a notice attesting to the measures undertaken to comply with CAFA; f. Establishing and maintaining the Settlement Website; e. g. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering with a live operator available to answer the questions of Settlement Class Members who call with during business hours, or otherwise communicate with Settlement Class Member making such inquiries within one (1) business day; f. h. Responding to any mailed or emailed Settlement Class Member inquiries within one a reasonable amount of time, but no later than five (15) business daydays; g. i. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; j. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and ExperianRadNet’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s Counsel; h. k. Providing Identity Guard, the provider of Credit Monitoring Services, the complete list of Participating Settlement Class Members who elected Credit Monitoring Services along with their current contact information within thirty (30) days of the Effective Date; l. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientMembers; i. m. Providing weekly or other periodic reports to Class Counsel and ExperianRadNet’s Counsel that include information regarding the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement PaymentsPayments other than the identity of the Class Members who submit claims. The Settlement Administrator shall also, as requested by Class Counsel or ExperianRadNet’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. n. In advance of the Final Approval Hearing, preparing an affidavit a sworn declaration to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. o. Performing any function related to Settlement administration at the agreed- agreed-upon instruction of Class Counsel or ExperianRadNet’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. (a) Creating, administering, and overseeing the Settlement Fund; b. (b) Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. (c) Performing National Change of Address searches and/or skip tracing on the Settlement Class List and Undeliverable List; (d) Providing Notice to Settlement Class Members via U.S. mail and e-mail; d. (e) Providing Class Counsel, BCLP’s Counsel and Mondelēz’s Counsel with the Undeliverable Notice List and conducting additional levels of skip tracing on the Undeliverable Notice List; (f) Establishing and maintaining the Settlement Website; e. (g) Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one two (12) business daydays; f. (h) Responding to any mailed or emailed Settlement Class Member inquiries within one two (12) business daydays; g. (i) Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; (j) Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel Counsel, Chicago IVF’s counsel, BCLP’s Counsel, and ExperianMondelēz’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel Counsel, BCLP’s Counsel, and ExperianMondelēz’s Counsel; h. (k) Ensuring the provision of Credit Monitoring and Identity Theft Protection Services to Settlement Class Members within thirty (30) days of the Effective Date, if applicable; (l) After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members andClass Members; (m) Calculating the amount of Alternative Cash Payments, if necessaryany, a Non-Profit Residual Recipientupon notice to Class Counsel, BCLP’s Counsel, and Mondelēz’s Counsel; i. (n) Processing and transmitting Alternative Cash Payments to Settlement Class Members, if applicable; (o) Providing weekly or other periodic reports to Class Counsel Counsel, BCLP’s Counsel, and ExperianMondelēz’s Counsel that include information regarding the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, the number of Opt-Outs, the number of Objections, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel Counsel, BCLP’s Counsel, or ExperianMondelēz’s Counsel Counsel, and from time to time, provide the amounts remaining in the Net Settlement Fund; j. (p) In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and (iii) identifies each Settlement Class Member who timely and properly submitted an Objection; and k. (q) Performing any function related to Settlement administration as provided for in this Agreement or at the agreed- agreed-upon instruction of Class Counsel Counsel, BCLP’s Counsel, or ExperianMondelēz’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. CreatingWithin ten (10) days of the Class Counsel filing the motion for preliminary approval of the settlement, administeringthe Settlement Administrator acting on behalf of ESGW shall serve or cause to be served a notice of the proposed Settlement on appropriate officials in accordance with the requirements under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715(b); b. Administering and overseeing the Settlement FundPayments provided by ESGW to pay approved Claims; b. c. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. d. Providing Notice to Settlement Class Members via U.S. mailMail; d. e. Establishing and maintaining the Settlement Website; e. f. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one two (12) business daydays; f. g. Responding to any mailed or emailed contact form Settlement Class Member inquiries within one (1) business dayin a timely manner; g. h. Reviewing, determining the timeliness, completeness, validity of, and processing all claims submitted by Settlement Class Members and transmitting to Class Counsel and ESGW's Counsel a list of approved Claims both periodically during the Claims Period and after the Claims Deadline; i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s ESGW's Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s to ESGW's Counsel; h. After j. Working with the credit monitoring service provider to receive and send activation codes within thirty (30) days after the Effective DateDate of the Settlement Agreement; k. After approval of Valid Claims, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientClass Members; i. l. Providing weekly or other periodic reports to Class Counsel and Experian’s ESGW's Counsel that include information regarding the number of notices sent and returned; the number of Requests for Exclusion received and, upon request by Class Counsel or ESGW’s Counsel, copies of those requests; the number of Objections received and all documentation regarding Objections; the number of claims received, the number of approved claims received, the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments; m. For all approved claims, the Settlement Administrator shall provide to ESGW’s Counsel as soon as it is reasonably available a list that includes the names of all approved claimants, the dollar amount and type of the approved claims. If requested within five (5) business days, the Settlement Administrator shall also provide documentation that supports any approved claims. ESGW shall have ten (10) business days from the date the documentation is provided to advise the Settlement Administrator and Class Counsel if ESGW disputes any approved claim and the basis for any dispute. The Settlement Administrator shall alsowill consider any objection raised by ESGW, as requested including any evidence offered by ESGW and/or Class Counsel or ExperianCounsel, and may in the Settlement Administrator’s discretion request additional information from the claimant. Within a reasonable time, the Settlement Administrator will advise ESGW’s Counsel and Class Counsel its resolution of any disputed claim. n. Within five (5) business days of the Request for Exclusion Deadline, the Settlement Administrator shall provide to ESGW’s Counsel and Class Counsel a final list of all Settlement Class Members who submitted timely Requests for Exclusion. In the event any Request for Exclusion bearing a postmark on or before the Request for Exclusion Deadline is subsequently received by the Settlement Administrator, the Settlement Administrator will immediately supplement the final list and provided the supplemented final list to ESGW’s Counsel and Class Counsel. o. If more than two percent of the Settlement Class Members request exclusion, ESGW will have 5 business days from time the date it receives written notice from the Settlement Administrator of the final number of Requests for Exclusion to time, provide elect whether or not to cancel this agreement and render the amounts remaining in the Net Settlement Fund;settlement void and of no effect. j. p. In advance of the Final Approval Hearing, preparing an affidavit a sworn declaration to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. q. Performing any function related to Settlement administration at the agreed- agreed-upon instruction of Class Counsel or Experian’s and XXXX's Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Performing National Change of Address searches and/or skip tracing on the Settlement Class List; d. Providing Notice to Settlement Class Members via U.S. mail; d. e. Establishing and maintaining the Settlement Website; e. f. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. g. Responding to any mailed or emailed Settlement Class Member inquiries within one one (1) business day; g. h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and ExperianMMC’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and ExperianMMC’s Counsel; h. j. Working with the provider of Credit Monitoring Services to receive and send activation codes within thirty (30) days of the Effective Date; k. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientClass Members; i. l. Providing weekly or other periodic reports to Class Counsel and ExperianMMC’s Counsel that include information regarding the number of Settlement Checks mailed and delivereddelivered or checks sent via electronic means, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or ExperianMMC’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. m. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. n. Performing any function related to Settlement settlement administration as provided for in this Agreement or at the agreed- agreed-upon instruction of Class Counsel or ExperianMMC’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Providing Notice to Settlement Class Members via U.S. mail; d. Establishing and maintaining the Settlement Website; e. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. Responding to any mailed or emailed Settlement Class Member inquiries within one a reasonable amount of time, but no later than five (15) business daydays from the date of receipt; g. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; h. Receiving Requests for Exclusion and objections Objections from Settlement Class Members and providing Class Counsel and ExperianNWL’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experianto NWL’s Counsel; h. i. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientClass Members; i. j. Providing weekly or other periodic reports to Class Counsel and ExperianNWL’s Counsel that include the number of claims submitted, the number of claims approved, information regarding the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. k. In advance of the Final Approval Hearing, preparing an affidavit a sworn declaration to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; (iii) the number of objections received; and (iv) the number of claims received; l. Issuing notification to the appropriate government officials of this Settlement Agreement pursuant to the Class Action Fairness Act of 2005, 28 U.S.C. § 1715; and k. m. Performing any function related to Settlement administration at the agreed- agreed-upon instruction of Class Counsel or ExperianNWL’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.. Financial Shield® Activation Code: ID Number:

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Performing National Change of Address searches and/or skip tracing on the Settlement Class List; d. Providing Notice to Settlement Class Members via U.S. mail; d. e. Establishing and maintaining the Settlement Website; e. f. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. g. Responding to any mailed or emailed Settlement Class Member inquiries within one one (1) business day; g. h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Defendants’ Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s Defendants’ Counsel; h. j. Working with the provider of Credit Monitoring Services to receive and send activation codes for Credit Monitoring Services within thirty (30) days of the Effective Date; k. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members andClass Members; l. Calculating the number of years of Residual Credit Monitorng Services, if necessaryany, a Non-Profit Residual Recipientupon notice to Class Counsel and Defendants’ Counsel; i. m. Working with the provider of Credit Monitoring Services to receive and send activation codes for Residual Credit Monitoring Services within thirty (30) days of the Effective Date, if applicable; n. Calculating the amount of Residual Cash Payments, if any, upon notice to Class Counsel and Defendants’ Counsel; o. Processing and transmitting Residual Cash Payments to Settlement Class Members, if applicable; p. Providing weekly or other periodic reports to Class Counsel and Experian’s Defendants’ Counsel that include information regarding the number of Settlement Checks mailed and delivereddelivered or checks sent via electronic means, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Defendants’ Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. q. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. r. Performing any function related to Settlement settlement administration as provided for in this Agreement or at the agreed- agreed-upon instruction of Class Counsel or Experian’s Defendants’ Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administeringAdministering, and overseeing the Settlement Fundfunds provided by Defendants to pay approved Claims; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Providing Notice to Settlement Class Members via U.S. mail; d. Establishing and maintaining the Settlement Website; e. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. Responding to any mailed or emailed Settlement Class Member inquiries within one (1) business day; g. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members and transmitting to Class Counsel and Defendants’ Counsel a list of approved Claims both periodically during the Claims Period and after the Claims Deadline; h. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Defendants’ Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s to Defendants’ Counsel; h. i. Working with the provider of Credit Monitoring Services to receive and send activation codes within thirty (30) days of the Effective Date; j. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientMembers; i. k. Providing weekly or other periodic reports to Class Counsel and Experian’s Defendants’ Counsel that include information regarding the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. l. In advance of the Final Approval Hearing, preparing an affidavit a sworn declaration to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. m. Performing any function related to Settlement administration at the agreed- agreed-upon instruction of Class Counsel or Experian’s Defendants’ Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Performing National Change of Address searches and/or skip tracing on the Settlement Class List; d. Providing Notice to Settlement Class Members via U.S. mail; d. e. Establishing and maintaining the Settlement Website; e. f. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. g. Responding to any mailed or emailed Settlement Class Member inquiries within one one (1) business day; g. h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and ExperianLDSCO’s Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and ExperianLDSCO’s Counsel; h. j. After the Effective Date, processing and transmitting Settlement Payments settlement payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientClass Members; i. k. Providing weekly or other periodic reports to Class Counsel and ExperianLDSCO’s Counsel that include information regarding the number of Settlement Checks settlement electronic payments and/or checks mailed and delivered, Settlement Checks electronic payments and/or settlement checks cashed, undeliverable information, and any other requested information relating to Settlement Paymentssettlement payments. The Settlement Administrator shall also, as requested by Class Counsel or ExperianLDSCO’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. l. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. m. Performing any function related to Settlement settlement administration as provided for in this Agreement or at the agreed- agreed-upon instruction of Class Counsel or ExperianLDSCO’s Counsel, including, but not limited to, verifying that Settlement Payments settlement payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Performing National Change of Address searches and/or skip tracing on the Settlement Class List; d. Providing Notice to Settlement Class Members via U.S. mail; d. e. Establishing and maintaining the Settlement Website; e. f. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. g. Responding to any mailed or emailed Settlement Class Member inquiries within one three (13) business daydays; g. h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Defendants’ Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s Defendants’ Counsel; h. j. Providing regular status updates to Class Counsel and Defendants’ Counsel pertaining to mailing and remailing rates, claims submissions, requests for exclusion, and objections; k. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members andClass Members; l. Calculating the amount of Pro Rata Cash Payments, if necessaryany, a Non-Profit Residual Recipientupon notice to Class Counsel and Defendant’s Counsel; i. m. Processing and transmitting Pro Rata Cash Payments to Settlement Class Members, if applicable; n. Providing weekly or other periodic reports to Class Counsel and ExperianDefendant’s Counsel that include information regarding the number of Settlement Checks Payments mailed and delivereddelivered or checks sent via electronic means, Settlement Checks Payments checks cashed, undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or ExperianDefendant’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. o. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. p. Performing any function related to settlement administration as provided for in this Settlement administration Agreement or at the agreed- agreed-upon instruction of Class Counsel or ExperianDefendant’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, including, but not limited to, the following: a. Creating, administering, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members; c. Performing National Change of Address searches and/or skip tracing on the Settlement Class List; d. Providing Notice to Settlement Class Members via U.S. mail; d. e. Establishing and maintaining the Settlement Website; e. f. Establishing and maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day; f. g. Responding to any mailed or emailed Settlement Class Member inquiries within one one (1) business day; g. h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members; i. Receiving Requests for Exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Xxxxxxx’x Counsel a copy thereof no later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Experian’s Xxxxxxx’x Counsel; h. j. Working with the provider of Credit Monitoring Services to receive and send activation codes within thirty (30) days of the Effective Date; k. After the Effective Date, processing and transmitting Settlement Payments settlement payments to Settlement Cass Members and, if necessary, a Non-Profit Residual RecipientClass Members; i. l. Providing weekly or other periodic reports to Class Counsel and Experian’s Xxxxxxx’x Counsel that include information regarding the number of Settlement Checks settlement electronic payments and/or checks mailed and delivered, Settlement Checks electronic payments and/or settlement checks cashed, undeliverable information, and any other requested information relating to Settlement Paymentssettlement payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Xxxxxxx’x Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. m. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and k. n. Performing any function related to Settlement settlement administration as provided for in this Agreement or at the agreed- agreed-upon instruction of Class Counsel or Experian’s Xxxxxxx’x Counsel, including, but not limited to, verifying that Settlement Payments settlement payments have been distributed.

Appears in 1 contract

Samples: Settlement Agreement

Duties of Settlement Administrator. The Settlement Administrator shall perform be solely responsible for: 1. Preparing, printing and disseminating to Settlement Class Members the functions Class Notice, Claim Form, and duties necessary Exclusion Form; 2. Promptly furnishing to effectuate counsel for the Parties copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives; 3. Determining and as specified distributing the claimed Settlement Share of each qualifying Final Settlement Class Member in accordance with this Settlement Agreement; 4. Keeping track of requests for exclusion including maintaining the original mailing envelope in which the request was mailed; 5. Preparing and mailing, including, but not limited toin accordance with this Settlement Agreement and Order of the Court, the following: a. Creating, administeringNamed Plaintiffs’ enhancement awards, and overseeing the Settlement Fund; b. Obtaining the Settlement Class List for the purpose of disseminating Notice Shares to claiming Final Settlement Class Members; c. Providing Notice 6. Performing all tax calculation and reporting duties required by federal, state or local law including the filing and distributing of all necessary tax returns and related forms (e.g., 1099s, W-2s, etc.); 7. Referring to Class Counsel all inquiries by Settlement Class Members via U.S. mailregarding matters not within the Settlement Administrator’s duties specified herein; d. Establishing and maintaining 8. Apprising counsel for the Parties of the activities of the Settlement WebsiteAdministrator; e. Establishing 9. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and maintaining a toll-free telephone line for other communications and attempted written or electronic communications with Settlement Class Members to call with Settlement-related inquiries, and answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business dayMembers; f. Responding to any mailed or emailed Settlement Class Member inquiries within one (1) business day10. Confirming in writing its completion of the administration of the settlement; g. Receiving Requests 11. Preparing a final report summarizing the number of requests for Exclusion exclusion and objections from Settlement Class Members and providing Class Counsel and Experian’s Counsel disputes filed; 12. Preparing a copy thereof no later than three (3) days following declaration attesting to compliance with the deadline for submission of the samerequirements set forth above. If the Settlement Administrator receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Opt-Out and Objection Deadlines, the Settlement Administrator Such declaration shall promptly provide copies thereof be provided to Class Counsel and Experian’s Counsel; h. After the Effective Date, processing and transmitting Settlement Payments to Settlement Cass Members and, if necessary, a Non-Profit Residual Recipient; i. Providing weekly or other periodic reports to Class Defendants’ Counsel and Experian’s Counsel that include information regarding filed with the number of Settlement Checks mailed and delivered, Settlement Checks cashed, undeliverable information, and any other requested information relating Court no later than ten (10) days prior to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Experian’s Counsel and from time to time, provide the amounts remaining in the Net Settlement Fund; j. In advance of the Final Approval Hearing, preparing an affidavit to submit or as soon as practicable prior to the Court that: (i) attests to implementation of Notice Final Approval Hearing if administration is not complete by the above- referenced 10-day deadline; 13. Resolving disputes during the claims administration process in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusionmanner provided under subparagraph C below; and k. Performing any function related to Settlement administration at 14. Such other tasks as the agreed- upon instruction of Class Counsel or Experian’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributedParties mutually agree.

Appears in 1 contract

Samples: Settlement Agreement

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