Duties of Settlement Administrator. 8.1. The Settlement Administrator shall perform the functions specified in this Agreement, any functions specified in the Notice Plan after Court approval, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of the Settlement Administrator shall include: 8.1.1. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members. Specifically, the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a Settlement Class Member; (ii) the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.1; and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Expense Reimbursement and Documented Extraordinary Expense Reimbursement submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/losses resulted from the Data Breach. 8.1.2. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as the Settlement Administrator may reasonably require in order to evaluate the Settlement Claim, e.g., documentation requested on the Claim Form and information regarding the claimed expenses and losses. If supplemental claim information is requested, the Settlement Administrator shall give the claimant reasonable time in the Settlement Administrator’s discretion but not exceeding thirty (30) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement Administrator, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim information, and in reasonably exercising its discretion, may deny a claim without requesting supplemental claim information. 8.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the Settlement; 8.1.4. Establishing and maintaining a Settlement website;
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Duties of Settlement Administrator. 8.1. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, any functions specified in including, but not limited to, the Notice Plan after Court approvalfollowing:
a. Creating, administering, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of overseeing the Settlement Administrator shall include:Fund;
8.1.1. 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 and email;
e. Establishing and maintaining the Settlement Website;
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;
g. Responding to any mailed or emailed Settlement Class Member inquiries within one
(1) business day;
h. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members. Specifically, the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a ;
i. Receiving Requests for Exclusion and objections from Settlement Class Member; Members and providing Class Counsel and RPM’s Counsel a copy thereof no later than three (ii3) days following the claimant has provided all information required to complete deadline for submission of the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.1; and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Expense Reimbursement and Documented Extraordinary Expense Reimbursement submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/losses resulted from the Data Breach.
8.1.2same. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as If the Settlement Administrator may reasonably require in order to evaluate receives any Requests for Exclusion, objections, or other requests from Settlement Class Members after the Settlement Claim, e.g., documentation requested on the Claim Form Opt-Out and information regarding the claimed expenses and losses. If supplemental claim information is requestedObjection Deadlines, the Settlement Administrator shall give promptly provide copies thereof to Class Counsel and RPM’s Counsel;
j. Working with the claimant reasonable time in the Settlement Administrator’s discretion but not exceeding provider of Credit Monitoring Services to receive and send activation codes within thirty (30) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Effective Date;
k. After the Effective Date, processing and transmitting settlement payments to Settlement Administrator). If Class Members;
l. Providing weekly or other periodic reports to Class Counsel and RPM’s Counsel that include information regarding the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement Administratornumber of settlement electronic payments and/or checks mailed and delivered, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubtelectronic payments and/or settlement checks cashed, the Settlement Administrator is not required to request supplemental claim undeliverable information, and any other requested information relating to settlement payments. The Settlement Administrator shall also, as requested by Class Counsel or RPM’s Counsel and from time to time, provide the amounts remaining in reasonably exercising its discretion, may deny a claim without requesting supplemental claim information.
8.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the SettlementNet Settlement Fund;
8.1.4. Establishing m. In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court that: (i) attests to the implementation of Notice in accordance with the Preliminary Approval Order; and maintaining (ii) identifies each Settlement Class Member who timely and properly submitted a Settlement website;Request for Exclusion; and
n. Performing any function related to settlement administration as provided for in this Agreement or at the agreed-upon instruction of Class Counsel or RPM’s Counsel, including, but not limited to, verifying that settlement payments have been distributed.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Duties of Settlement Administrator. 8.1. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, any functions specified in including, but not limited to, the Notice Plan after Court approvalfollowing:
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 twenty-four (24) hours;
f. Responding to any other functions approved by mailed or emailed Settlement Class Member inquiries within twenty-four (24) hours;
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 Courtdeadline for submission of the same. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of If the Settlement Administrator shall include:
8.1.1. Reviewingreceives any Requests for Exclusion, determining the validity ofobjections, and processing all claims submitted by or other requests from Settlement Class Members. Specifically, Members after the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a Settlement Class Member; (ii) the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.1; Opt-Out and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Expense Reimbursement and Documented Extraordinary Expense Reimbursement submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/losses resulted from the Data Breach.
8.1.2. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as the Settlement Administrator may reasonably require in order to evaluate the Settlement Claim, e.g., documentation requested on the Claim Form and information regarding the claimed expenses and losses. If supplemental claim information is requestedObjection Deadlines, the Settlement Administrator shall give promptly provide copies thereof to Class Counsel and Experian’s Counsel;
h. After the claimant reasonable time in 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 Administrator’s discretion but not exceeding thirty (30) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Checks mailed and delivered, Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement AdministratorChecks cashed, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim 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 reasonably exercising its discretion, may deny a claim without requesting supplemental claim information.
8.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the SettlementNet Settlement Fund;
8.1.4. Establishing 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 maintaining (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and
k. Performing any function related to Settlement website;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 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Duties of Settlement Administrator. 8.1. The Settlement Administrator shall perform the functions specified in this Agreement, including, but not limited to, overseeing administration of the Settlement Fund; coordinating notice to Settlement Class Members; establishing and operating the Settlement Website and a toll-free number;
(A) Effecting Notice in accordance with the procedures set forth herein;
(B) Establishing and maintaining the Settlement Website that, among other things, allows Settlement Class Members to submit claims electronically;
(C) 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; inquiries; Class;
(D) Responding to any functions specified in mailed or emailed Settlement Class Member
(E) Processing all written notifications of exclusion from the Settlement
(F) Providing weekly reports that summarize the number of written notifications of exclusion received that week, the total number of written notifications of exclusion received to date, and other pertinent information as requested by Class Counsel and Google’s counsel;
(G) Before the Final Approval Hearing, preparing affidavits to submit to the Court that: (i) attest to implementation of the Notice Plan after Court approval, in accordance with the Preliminary Approval Order; and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (ii) identify each Settlement Class Member who timely and in the Notice Plan, once approved by the Court), the duties properly provided written notification of exclusion from the Settlement Administrator shall include:
8.1.1. ReviewingClass; reviewing, determining the validity of, and processing all claims Claims submitted by Settlement Class Members. Specifically, pursuant to criteria set forth herein;
(H) Providing weekly reports and a final report to Class Counsel and Google’s counsel that summarize the number and amount of Claims since the prior reporting period, the Settlement Administratortotal number and amount of Claims received to date, in its sole discretion the number and amount of any Claims approved and denied since the prior reporting period, the total number and amount of Claims approved and denied to be reasonably exerciseddate, will determine whether: and other pertinent information as requested by Class Counsel and Google’s counsel;
(iI) the claimant is a Settlement Class Member; (ii) the claimant has provided all Providing any information required to complete the Claim Form by the Claims Deadline, including any documentation that as may be necessary to reasonably support amounts claimed under Section 7.1; and (iii) the information submitted would lead a reasonable person to conclude, needed for a Settlement Claim for Documented Ordinary Expense Reimbursement and Documented Extraordinary Expense Reimbursement submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/losses resulted from the Data Breach.
8.1.2. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information Post-Distribution Accounting as the Settlement Administrator may reasonably require in order to evaluate the Settlement Claim, e.g., documentation requested on the Claim Form and information regarding the claimed expenses and losses. If supplemental claim information is requested, the Settlement Administrator shall give the claimant reasonable time set forth in the Northern District of California Procedural Guidance for Class Action Settlements;
(J) Performing any function related to Settlement Administratoradministration at the agreed-upon instruction of both Class Counsel and Google’s discretion counsel, including, but not exceeding thirty limited to, verifying that cash payments have been distributed in accordance with this Agreement; and, DocuSign Envelope ID: 46046C7F-EF8D-4393-929B-061594B0DBAD
(30K) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement Administrator, then the Settlement Claim will be deemed invalid Performing CAFA notice and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim information, any and in reasonably exercising its discretion, may deny a claim without requesting supplemental claim informationall other reasonable and necessary tasks.
8.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the Settlement;
8.1.4. Establishing and maintaining a Settlement website;
Appears in 1 contract
Samples: Settlement Agreement
Duties of Settlement Administrator. 8.16.1. The Settlement Administrator shall perform the functions specified in this Agreement, any functions specified in the Notice Plan after Court approval, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of the Settlement Administrator shall include:
8.1.16.1.1. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members. Specifically, the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a Settlement Class Member; (ii) the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.15.1; and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Out-of-Pocket Expense Reimbursement and Documented Extraordinary Expense Reimbursement Lost- Time submitted under Sections 7.1.2 and 7.1.3, respectivelySection 5.1.2, that the alleged expenses/losses resulted from the Data Breach. The Settlement Administrator may consult with the Parties’ Counsel as needed to make individual determinations.
8.1.26.1.2. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as the Settlement Administrator may reasonably require in order to evaluate the Settlement Claim, e.g., documentation requested on the Claim Form and information regarding the claimed expenses and losses. If supplemental claim information is requested, the Settlement Administrator shall give the claimant reasonable time in the Settlement Administrator’s discretion but not exceeding thirty twenty-one (3021) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement Administrator, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim information, and in reasonably exercising its discretion, may deny a claim without requesting supplemental claim information.
8.1.36.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the Settlement;
8.1.46.1.4. Establishing and maintaining a Settlement website;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. 8.19.1. The Settlement Administrator shall perform the functions specified in this Agreement, any functions specified in the Notice Plan after Court approval, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of the Settlement Administrator shall include:
8.1.19.1.1. Reviewing, determining the validity of, and processing all claims submitted by Settlement Class Members. Specifically, the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a Settlement Class Member; (ii) the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.1Sections 7.1.2 and 7.1.3; and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Expense Reimbursement Out-of-Pocket Expenses and Documented Extraordinary Expense Reimbursement Losses submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/, lost time, and extraordinary losses resulted from the Data Breach.
8.1.29.1.2. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as the Settlement Administrator may reasonably require in order to evaluate the Settlement Claim, e.g., documentation requested on the Claim Form and information regarding the claimed expenses and losses. If supplemental claim information is requested, the Settlement Administrator shall give the claimant reasonable time in the Settlement Administrator’s discretion but not exceeding thirty (30) 30 days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (or earlier in the discretion of the Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Settlement Administrator, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim information, and in reasonably exercising its discretion, may deny a claim without requesting supplemental claim information.
8.1.39.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the Settlement;
8.1.49.1.4. Establishing and maintaining a Settlement website;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. 8.1. The Settlement Administrator shall perform the functions and duties necessary to effectuate the Settlement and as specified in this Agreement, any functions specified in including, but not limited to, the Notice Plan after Court approvalfollowing:
a. Creating, administering, and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement (and in the Notice Plan, once approved by the Court), the duties of overseeing the Settlement Administrator shall include:Fund;
8.1.1. 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 Claims submitted by Participating Settlement Class Members. Specifically, the Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (i) the claimant is a ;
h. Receiving Requests for Exclusion from Settlement Class Member; Members and providing Class Counsel and Paysafe’s Counsel a copy thereof no later than three (ii3) days following the claimant has provided all information required to complete deadline for submission of the Claim Form by the Claims Deadline, including any documentation that may be necessary to reasonably support amounts claimed under Section 7.1; and (iii) the information submitted would lead a reasonable person to conclude, for a Settlement Claim for Documented Ordinary Expense Reimbursement and Documented Extraordinary Expense Reimbursement submitted under Sections 7.1.2 and 7.1.3, respectively, that the alleged expenses/losses resulted from the Data Breach.
8.1.2same. The Settlement Administrator may at any time (but is not required) request from the claimant (including via email) supplemental claim information as If the Settlement Administrator may reasonably require in order to evaluate receives any Requests for Exclusion or other requests from Settlement Class Members after the Settlement Claim, e.g., documentation requested on the Claim Form Opt-Out and information regarding the claimed expenses and losses. If supplemental claim information is requestedObjection Deadlines, the Settlement Administrator shall give promptly provide copies thereof to Class Counsel and to Paysafe’s Counsel;
i. After the claimant reasonable time in Effective Date, processing and transmitting Settlement Payments to Participating Settlement Class Members;
j. Providing weekly or other periodic reports to Class Counsel and Paysafe’s Counsel that include information regarding the number of Settlement Administrator’s discretion but not exceeding thirty (30) days to provide the supplemental information before rejecting the claim. Requests for supplemental claim information shall be made as promptly as reasonably possible after the Claims Deadline (Payments sent or earlier in the discretion of the Settlement Administrator). If the supplemental claim information does not cure a claim defect as reasonably determined by the Checks mailed and delivered, Settlement AdministratorChecks cashed, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim. For the avoidance of doubt, the Settlement Administrator is not required to request supplemental claim undeliverable information, and any other requested information relating to Settlement Payments. The Settlement Administrator shall also, as requested by Class Counsel or Paysafe’s Counsel and from time to time, provide the amounts remaining in reasonably exercising its discretion, may deny a claim without requesting supplemental claim information.
8.1.3. Establishing and maintaining a post office box for receiving requests for exclusion from the SettlementNet Settlement Fund;
8.1.4. Establishing k. In advance of the Final Approval Hearing, preparing a sworn declaration to submit to the Court that: (i) attests to implementation of Notice in accordance with the Preliminary Approval Order; and maintaining (ii) identifies each Settlement Class Member who timely and properly submitted a Request for Exclusion; and
l. Performing any function related to Settlement website;administration at the agreed-upon instruction of Class Counsel or Paysafe’s Counsel, including, but not limited to, verifying that Settlement Payments have been distributed.
Appears in 1 contract
Samples: Class Action Settlement Agreement