Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible for the following: i. Preparing, printing, and disseminating the Postcard Notice to Class Members; ii. Preparing, printing, and disseminating all CAFA notices as required by law and in accordance with this agreement; iii. No later than the Class Notice Date, sending by First Class Mail the Postcard Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of mailing of the first Postcard Notice. For those Postcard Notices that are returned as undeliverable with a forwarding address, the Settlement Administrator will forward the Postcard Notice to the new address. For those Postcard Notices that are returned as undeliverable with no forwarding address, the Settlement Administrator will run a skip trace in an attempt to obtain a current address and re-mail Postcard Notices to any current addresses it locates; iv. From the date of mailing of the first Postcard Notice, and thereafter for six (6) months after the Effective Date, maintaining (i) the Settlement Website, and (ii) a toll-free number with recorded answers to commonly asked settlement questions, the ability to leave a message and request a call back, and reference to the Settlement Website; v. Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed; vi. Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed; vii. Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed; viii. Keeping track of all other communications from Class Members, including maintaining the original mailing envelope in which any communication was mailed; ix. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications, and attempted written or electronic communications with Class Members; x. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, (ii) copies of any objections, and (iii) all other written or electronic communications received from Class Members; xi. Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the submitting Class Member from the Classes; xii. Determining whether Claim Forms comply with the terms of this Agreement and are timely and valid; xiii. Promptly preparing and distributing any rejection of a Request for Exclusion to the submitting Class Member. Rejections shall set forth the reasons for rejection, including the reason(s) the Request for Exclusion fails to comply with the terms of this Agreement; xiv. Promptly preparing and distributing notices of deficiencies to the submitting Class Member that set forth the reasons their Claim Form is deficient, including the reason(s) the Claim Form fails to comply with the terms of this Agreement; xv. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than sixteen (16) court days before the Final Approval Hearing, a written report concerning all Requests for Exclusion (valid and invalid), all Claim Forms (valid and deficient), and all objections;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible for the following:
i. 1. Preparing, printing, and disseminating the Postcard Notice to Class Members;
ii. Preparing, printing, and disseminating all CAFA notices as required by law and in accordance with this agreement;
iii2. No later than the Class Notice Date, sending by First Class Mail the Postcard Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of mailing of the first Postcard Notice. For those Postcard Notices that are returned as undeliverable with a forwarding address, the Settlement Administrator will forward the Postcard Notice to the new address. For those Postcard Notices that are returned as undeliverable with no forwarding address, the Settlement Administrator will run a skip trace in an attempt to obtain a current address and re-mail Postcard Notices to any current addresses it locates;
iv3. From the date of mailing of the first Postcard Notice, and thereafter for six (6) months after the Effective Date, maintaining (i) the Settlement Website, and (ii) a toll-free number with recorded answers to commonly asked settlement questions, the ability to leave a message and request a call back, and reference to the Settlement Website;
v. 4. Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed;
vi5. Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed;
vii6. Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed;
viii7. Keeping track of all other communications from Class Members, including maintaining the original mailing envelope in which any communication was mailed;
ix8. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications, and attempted written or electronic communications with Class Members;
x. 9. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, (ii) copies of any objections, and (iii) all other written or electronic communications received from Class Members;
xi10. Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the submitting Class Member from the ClassesClass;
xii11. Determining whether Claim Forms comply with the terms of this Agreement and are timely and valid;
xiii12. Promptly preparing and distributing any rejection of a Request for Exclusion to the submitting Class Member. Rejections shall set forth the reasons reason(s) for rejection, including the reason(s) the Request for Exclusion fails to comply with the terms of this Agreement;
xiv13. Promptly preparing and distributing notices of deficiencies to the submitting Class Member that set forth the reasons their Claim Form is deficient, including the reason(s) the Claim Form fails to comply with the terms of this Agreement;
xv14. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than sixteen (16) court days before the Final Approval Hearing, a written report concerning all Requests for Exclusion (valid and invalid), all Claim Forms (valid and deficient), and all objections;
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible for the following:
i. 1. Preparing, printing, and disseminating the Postcard Class Notice to Class Members;.
ii2. Preparing, printing, and disseminating all CAFA notices as required by law and in accordance with this agreement;
iii. No Not later than twenty (20) days after the Class Notice DateCourt’s entry of a Preliminary Approval Order, sending by First Class Mail the Postcard Class Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of mailing of the first Postcard Mailed Notice. For those Postcard Notices that are returned as undeliverable with a forwarding address, the Settlement Administrator will forward the Postcard Notice to the new address. For those Postcard Notices that are returned as undeliverable with no forwarding address, the Settlement Administrator will run a skip trace in an attempt to obtain a current address and re-mail Postcard Notices to any current addresses it locates;.
iv3. From the date of mailing of the first Postcard Mailed Notice, and thereafter for six (6) months after the Effective Date, maintaining (i) the settlement website, xxx.XXXxxxxxxxxxxxxxxxxxxx.xxx, that will include information about how to contact Class Counsel and how to submit a Claim Form, a copy of the Class Notice, and a copy of the Settlement Website, Agreement; and (ii) a toll-free an 800 number with recorded answers to commonly asked settlement questions, the ability to leave a message and request a call back, questions and reference to the Settlement Website;settlement website.
v. 4. Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed;.
vi5. Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed;.
vii6. Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed;.
viii7. Keeping track of all other communications from Class Members, including maintaining the original mailing envelope in which any communication was mailed;.
ix8. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications, communications and attempted written or electronic communications with Class Members;.
x. 9. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, Exclusion from Class Members; (ii) copies of any objections, objections by Class Members; and (iii) all other written or electronic communications received from Class Members;.
xi10. Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the submitting Class Member from the Classes;Class.
xii11. Determining whether Claim Forms comply with the terms of this Agreement and are timely and valid;.
xiii12. Promptly preparing and distributing any rejection revocation of a Request for Exclusion to the submitting Class Member. Rejections Revocations shall set forth the reasons for rejectionrevocation, including the reason(s) the Request for Exclusion fails to comply with the terms of this Agreement;.
xiv13. Promptly preparing and distributing notices any revocation of deficiencies a Claim Form to the submitting Class Member that Member. Revocations shall set forth the reasons their Claim Form is deficientfor revocation, including the reason(s) the Claim Form fails to comply with the terms of this Agreement;.
xv14. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than sixteen ten (1610) court days before the Final Approval Hearing, a written report concerning all Requests for Exclusion (valid and invalid)Exclusion, all Claim Forms (valid Forms, all revocations of Requests for Exclusion and deficient)Claim Forms, and all objections;.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible for the following:
i. 1. Preparing, printing, and disseminating the Postcard Notice to Class Members;.
ii2. Preparing, printing, and disseminating all CAFA notices as required by law and in accordance with this agreement;
iii. No Not later than the Class Notice Date, sending by First Class Mail the Postcard Notice to all known Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain the best practicable Class Member contact information prior to the date of mailing of the first Postcard Notice. For those Postcard Notices that are returned as undeliverable with a forwarding address, the Settlement Administrator will forward the Postcard Notice to the new address. For those Postcard Notices that are returned as undeliverable with no forwarding address, the Settlement Administrator will run a skip trace in an attempt to obtain a current address and re-mail Postcard Notices to any current addresses it locates;.
iv3. From the date of mailing of the first Postcard Notice, and thereafter for six (6) months after the Effective Date, maintaining (i) the Settlement Website, xxx.xxxxxxxxxxxxxxxxxxx.xxx; and (ii) a toll-free an 800 number with recorded answers to commonly asked settlement questions, the ability to leave a message and request a call back, and reference to the Settlement Website;.
v. 4. Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed;.
vi5. Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed;.
vii6. Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed;.
viii7. Keeping track of all other communications from Class Members, including maintaining the original mailing envelope in which any communication was mailed;.
ix8. Maintaining adequate records of its activities, including the dates of each mailing of Class Notices, returned mail and other communications, and attempted written or electronic communications with Class Members;.
x. 9. Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, ; (ii) copies of any objections, ; and (iii) all other written or electronic communications received from Class Members;.
xi10. Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the submitting Class Member from the Classes;Class.
xii11. Determining whether Claim Forms comply with the terms of this Agreement and are timely and valid;.
xiii12. Promptly preparing and distributing any rejection of a Request for Exclusion to the submitting Class Member. Rejections shall set forth the reasons for rejection, including the reason(s) the Request for Exclusion fails to comply with the terms of this Agreement;.
xiv13. Promptly preparing and distributing notices of deficiencies to the submitting Class Member that set sets forth the reasons their Claim Form is deficient, including the reason(s) the Claim Form fails to comply with the terms of this Agreement;.
xv14. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than sixteen (16) court days before the Final Approval Hearing, a written report concerning all Requests for Exclusion (valid and invalid), all Claim Forms (valid and deficient), and all objections;.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Duties of Settlement Administrator. In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible for the following:
i. a) Preparing, printing, and disseminating the Postcard Notice to Settlement Class Members;
ii. Preparing, printing, and disseminating all CAFA notices as required by law and in accordance with this agreement;
iii. No later than b) Within thirty (30) days after the entry of the Preliminary Approval Order (the Class Notice Date), sending by First Class Mail the Postcard Notice to all known Settlement Class Members. The Parties agree to use their best efforts and to work cooperatively to obtain Before any mailing under this paragraph occurs, the best practicable Settlement Administrator shall run the postal addresses of Settlement Class Member contact information prior Members through the e any change of address on file with the USPS. In the event that a Postcard Notice is returned to the date of mailing Settlement Administrator by the USPS because the address of the first Postcard Notice. For those Postcard Notices that are returned as undeliverable with recipient is no longer valid, and the envelope contains a forwarding address, the Settlement Administrator will forward shall re-send the Postcard Notice to the new addressforwarding address within ten (10) days of receiving the returned Postcard Notice. For those In the event that subsequent to the first mailing of a Postcard Notices that are Notice, and at least fourteen (14) days prior to the Objection Date and Request for Exclusion Deadline, a Postcard Notice is returned as undeliverable with to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked ew forwarding address, the Settlement Administrator will run shall perform a standard skip trace trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to obtain a ascertain the current address and of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-mail send the Postcard Notices to any current addresses it locatesNotice within seven (7) days of receiving such information. This shall be the final requirement for mailing;
iv. From the date of mailing of the first Postcard Notice, and thereafter for six (6c) months after the Effective Date, maintaining (i) Maintaining the Settlement Website, Website and (ii) a toll-free number with recorded answers to commonly asked settlement questions, for ninety (90) days following the ability to leave a message and request a call back, and reference to the Settlement Website;Effective Date.
v. d) Keeping track of Requests for Exclusion, including maintaining the original mailing envelope in which each request was mailed;
vi. e) Keeping track of Claim Forms, including maintaining the original mailing envelope in which each form was mailed;
vii. f) Keeping track of objections, including maintaining the original mailing envelope in which each objection was mailed;
viii. g) Keeping track of all other communications from Settlement Class Members, including maintaining the original mailing envelope in which any communication was mailed;
ix. h) Maintaining adequate records of its activities, including the dates of each mailing of Class the Postcard Notices, returned mail and other communications, and attempted written or electronic communications with Settlement Class Members;
x. i) Promptly furnishing to counsel for the Parties (i) copies of any Requests for Exclusion, (ii) copies of any objections, and (iii) all other written or electronic communications received from Settlement Class Members;
xi. j) Determining whether Requests for Exclusion comply with the terms of this Agreement and are timely and valid and effective to exclude the submitting Settlement Class Member from the ClassesClass;
xii. k) Determining whether Claim Forms comply with the terms of this Agreement and are timely and valid;
xiii. l) Promptly preparing and distributing any rejection of a Request for Exclusion to the submitting Settlement Class Member. Rejections shall set forth the reasons for rejection, including the reason(s) the Request for Exclusion fails to comply with the terms of this Agreement;
xiv. m) Promptly preparing and distributing notices of deficiencies to the submitting Settlement Class Member that set forth the reasons their Claim Form is deficient, including the reason(s) the Claim Form fails to comply with the terms of this Agreement;
xv. Delivering to the Parties’ counsel in a reasonably timely manner, but in no n) event later than sixteen (16) court days before the Final Approval Hearing, a written report concerning all Requests for Exclusion (valid and invalid), all Claim Forms (valid and deficient), and all objectionsobjections (valid and invalid);
Appears in 1 contract
Samples: Class Action Settlement Agreement