Common use of Duties of Settlement Administrator Clause in Contracts

Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for: i) Preparing, printing and disseminating to Settlement Class Members the Class Notice; ii) Promptly furnishing to Class Counsel and Defense Counsel copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives; iii) Determining and distributing the Individual Settlement Payment to each Final Settlement Class Member and/or PAGA Member; iv) Keeping track of requests for exclusion; v) Preparing and mailing, in accordance with this Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Plaintiffs’ incentive awards, Individual Settlement Payments to Final Settlement Class Members and/or PAGA Members, and the LWDA Payment; vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses; vii) Performing all tax reporting duties required by federal, state, and/or local law pertaining to the Settlement Administrator’s duties (e.g., 1099s, etc.); viii) Apprising Class Counsel and Defense Counsel of the activities of the Settlement Administrator; 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 Settlement Class Members; x) Confirming with Class Counsel and Defense Counsel, in writing, its completion of the administration of the Settlement; xi) Preparing a final report summarizing the number of requests for exclusion returned during the Response Period, as well as any objections received by the Settlement Administrator; xii) Resolving disputes during the settlement administration process in the manner provided under Section VI.B. below; and xiii) Such other tasks as the Parties mutually agree.

Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for: i) Preparing, printing and disseminating to Settlement Class Members the Class Notice; ii) Promptly furnishing to Class Counsel and Defense Counsel copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives; iii) Determining and distributing the Individual Settlement Payment to each Final Settlement Participating Class Member and/or PAGA Member; iv) Keeping track of requests for exclusion; v) Preparing and mailing, in accordance with this Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Plaintiffs’ incentive awardsPlaintiff’s enhancement payment, Individual Settlement Payments to Final Settlement Participating Class Members and/or PAGA Members, and the LWDA Payment; vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses; vii) Performing all tax reporting duties required by federal, state, and/or local law pertaining to the Settlement Administrator’s duties (e.g., 1099s, etc.); viii) Apprising Class Counsel and Defense Counsel of the activities of the Settlement Administrator; 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 Settlement Class Members; x) Confirming with Class Counsel and Defense Counsel, in writing, its completion of the administration of the Settlement; xi) Preparing a final report summarizing the number of requests for exclusion returned during the Response Period, as well as any objections received by the Settlement Administrator; xii) Resolving disputes during the settlement administration process in the manner provided under Section VI.B. V.B. below; and xiii) Such other tasks as the Parties mutually agree.

Duties of Settlement Administrator. The duties of the Settlement Administrator Administrator, in addition to any other responsibilities that are described in this Agreement, shall be solely responsible forinclude: i(a) PreparingServing notice as required by the Class Action Fairness Act (“CAFA”), printing and disseminating 28 U.S.C. § 1715, within ten (10) days after the filing of the motion for preliminary approval; (b) Providing Notice to Settlement Class Members as set forth in this Agreement and/or as otherwise directed by the Class NoticeCourt; ii(c) Promptly furnishing Establishing and maintaining the Settlement Website, which shall bear a URL that is subject to Class Counsel and Defense Counsel copies of any requests Mowi’s approval, as a means for exclusion, objections or other written or electronic communications from Settlement Class Members to obtain Notice and information about the Settlement; (d) Establishing and maintaining a toll-free telephone helpline to which Settlement Class Members may refer for information about the Litigation and the Settlement Agreement; (e) Establishing and maintaining a system for collecting the submission of electronic Claim Forms that may be submitted to the Settlement Administrator receivesthrough the Settlement Website; iii(f) Determining and distributing Providing an address for (i) the Individual Settlement Payment to each Final Settlement Class Member and/or PAGA Member; iv) Keeping track submission of requests for exclusion; v) Preparing and mailing, in accordance with this Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Plaintiffs’ incentive awards, Individual Settlement Payments to Final Settlement Class Members and/or PAGA Members, and the LWDA Payment; vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses; vii) Performing all tax reporting duties required by federal, state, and/or local law pertaining Claim Forms that may be mailed to the Settlement Administrator’s duties ; and (e.g., 1099s, etc.); viiiii) Apprising Class Counsel and Defense Counsel of the activities of the Settlement Administrator; 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 mailed requests for exclusion from Settlement Class Members; x(g) Confirming with Responding to any inquiries from Settlement Class Members; (h) Processing and determining the validity of any requests for exclusion by Settlement Class Members; (i) Providing interim reports on request and, within one hundred forty-eight (148) days after the date of entry of the Preliminary Approval Order, a final report to Settlement Class Counsel and Defense Mowi’s Counsel that summarizes the number of claims received from Settlement Class Members since the prior reporting period, the total number of claims received to date, the number of any claims accepted and denied since the prior reporting period, the total number of claims accepted and denied to date, and any other pertinent information requested by Settlement Class Counsel or Mowi’s Counsel; (j) Providing interim reports on request, in writingand, its completion within one hundred forty-eight (148) days after the date of entry of the administration of the Settlement; xi) Preparing Preliminary Approval Order, a final report to Settlement Class Counsel and Mowi’s Counsel summarizing the number of requests for exclusion returned during received from Settlement Class Members since the Response Periodprior reporting period, as well as the total number of exclusion requests received to date, the names and addresses of all Settlement Class Members who made a request for exclusion, and any objections received other pertinent information requested by Settlement Class Counsel or Mowi’s Counsel; (k) No later than thirty-five (35) days before the Final Approval Hearing, preparing an affidavit to submit to the Court affirming its compliance with the notice (including CAFA) and settlement administration provisions of this Agreement, and identifying any Settlement Class Members who timely and validly requested exclusion from the Settlement Class; (l) Reviewing, determining the validity of, and responding to all Claim Forms submitted; (m) Providing all information to Mowi that Mowi deems necessary before it can perform any of its obligations under this Agreement, including transferring any funds to the Settlement Administrator; xii(n) Resolving disputes during the settlement administration process Processing and transmitting Cash Payments to Settlement Class Members as provided in the manner provided under Section VI.B. belowthis Agreement; (o) Paying any invoices, expenses, taxes, fees, and other costs as contemplated by this Agreement or required by law; and xiii(p) Such Performing any other tasks settlement administration-related functions reasonably necessary to effectuate this Agreement, with the consent of both Settlement Class Counsel and Mowi’s Counsel, or as approved or ordered by the Parties mutually agreeCourt.

Duties of Settlement Administrator. The In addition to other duties as set forth in this Agreement, the Settlement Administrator shall be solely responsible forfor the following: 1. Preparing, printing, and disseminating the Class Notice to Class Members. 2. Not later than ten (10) days after the Court’s entry of a Preliminary Approval Order, sending by First Class Mail the 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 the first Mailed Notice, provided however, that Rady meets this obligation by providing the mailing addresses that Rady used when Rady mailed notices in June 2014. 3. From the date of the first Mailed Notice, and thereafter for six (6) months after the Effective Date of Class Settlement, maintaining (i) Preparingthe settlement website, printing and disseminating xxx.xxxxxxxxxxxxxxxxxxxxxxx.xxx, that will include information about how to Settlement contact Class Members Counsel, a copy of the Class Notice; , and a copy of the Settlement Agreement; and (ii) Promptly furnishing an 800 number with recorded answers to Class Counsel commonly asked settlement questions and Defense Counsel copies of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which reference to the Settlement Administrator receives;settlement website. iii) Determining and distributing the Individual Settlement Payment to each Final Settlement Class Member and/or PAGA Member; iv) 4. Keeping track of requests Requests for exclusion;Exclusion, including maintaining the original mailing envelope in which the request was mailed. v) Preparing and mailing5. Keeping track of objections, including maintaining the original mailing envelope in accordance with this Agreement and Preliminary Approval Order which the objection was mailed. 6. Keeping track of the Court, all other communications from Class Counsel’s attorneys’ fees and costs, the Plaintiffs’ incentive awards, Individual Settlement Payments to Final Settlement Class Members and/or PAGA Members, and including maintaining the LWDA Payment;original mailing envelope in which any communication was mailed. vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses; vii) Performing all tax reporting duties required by federal, state, and/or local law pertaining to the Settlement Administrator’s duties (e.g., 1099s, etc.); viii) Apprising Class Counsel and Defense Counsel of the activities of the Settlement Administrator; ix) 7. 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 Settlement Class Members;. x) Confirming with Class Counsel and Defense Counsel, in writing, its completion of the administration of the Settlement; xi) Preparing a final report summarizing the number of requests 8. Promptly furnishing to counsel for exclusion returned during the Response Period, as well as any objections received by the Settlement Administrator; xii) Resolving disputes during the settlement administration process in the manner provided under Section VI.B. below; and xiii) Such other tasks as the Parties mutually agree(i) copies of any Requests for Exclusion from Class Members (with all contact information redacted); (ii) copies of objections by Class Members (with all contact information redacted); and (iii) all other written or electronic communications received from Class Members (with all contact information redacted). 9. Determining whether Requests for Exclusion comply with the terms of this Agreement and are valid and effective to exclude the submitting Class Member from the Class. 10. Promptly preparing and distributing any revocation of a Request for Exclusion to the submitting Class Member. Revocations shall set forth the reasons for revocation, including the reason(s) the Request for Exclusion fails to comply with the terms of this Agreement. 11. Delivering to the Parties’ counsel in a reasonably timely manner, but in no event later than ten (10) Court days before the Final Approval Hearing, a written report concerning all Requests for Exclusion, all revocations of Requests for Exclusion, and all objections.

Duties of Settlement Administrator. The Settlement Administrator shall be solely responsible for: i) Preparing, printing and disseminating to Settlement Class Members the Class Notice; ii) Promptly furnishing to Class Counsel and Defense Counsel copies duties of any requests for exclusion, objections or other written or electronic communications from Settlement Class Members which the Settlement Administrator receives; iii) Determining and distributing the Individual Settlement Payment to each Final Settlement Class Member and/or PAGA Member; iv) Keeping track of requests for exclusion; v) Preparing and mailing, in accordance with this Agreement and Preliminary Approval Order of the Court, Class Counsel’s attorneys’ fees and costs, the Plaintiffs’ incentive awards, Individual Settlement Payments to Final Settlement Class Members and/or PAGA Members, and the LWDA Payment; vi) Ascertaining current address and addressee information for each Class Notice returned as undeliverable and re-mailing the Class Notice where appropriate and, as necessary, utilizing the National Change of Address Database maintained by the U.S. Postal Service and undertaking customary skip-tracing measures to confirm and/or determine proper addresses; vii) Performing all tax reporting duties required by federal, state, and/or local law pertaining to the Settlement Administrator, in addition to any other responsibilities that are described in this Settlement Agreement, shall include: (a) Serving the CAFA notice required under 28 U.S.C. § 1715 within 10 days of Plaintiff’s duties (e.g., 1099s, etc.)filing of the motion for preliminary approval; viii(b) Apprising Class Counsel and Defense Counsel Providing all information to Bank of the activities America that Bank of America deems necessary before it can perform any of its obligations under this Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 10 of 80 Page ID #:5804 Settlement, including any obligations to transfer funds to the Settlement Administrator; ix(c) Maintaining adequate records of its activities, including Providing Notice to Settlement Class Members as set forth in this Settlement Agreement; (d) Establishing and maintaining the dates of each mailing of Settlement Website as a means for Settlement Class Notices, returned mail Members to obtain Notice and other communications information about the Settlement; (e) Establishing a toll-free voice response unit with message and attempted written or electronic communications with interactive voice response (IVR) capabilities to which Settlement Class Members may refer for information about the Lawsuit and the Settlement; (f) Responding to any inquiries from Settlement Class Members; x(g) Confirming Keeping a clear and careful record of all communications with Settlement Class Members and all administration expenses; (h) Establishing and maintaining a post office box for mailed Requests for Exclusion from Settlement Class Members; (i) Processing and determining the validity of any Requests for Exclusion by Settlement Class Members; (j) Providing interim reports on request, and, within ten (10) days after the Exclusion/Objection Deadline (as defined in Section 4.3 herein), a final report to Settlement Class Counsel and Defense Counsel, in writing, its completion Bank of the administration of the Settlement; xi) Preparing a final report America’s Counsel summarizing the number of requests Requests for exclusion returned Exclusion received during that period, the Response Periodtotal number of Requests for Exclusion received to date, the names and addresses of persons in the Settlement Class who submitted a Request for Exclusion, and any other pertinent information requested by Settlement Class Counsel or Bank of America’s Counsel; (k) In advance of the Final Approval Hearing, preparing an affidavit to submit to the Court affirming its compliance with the Notice (including CAFA) and settlement administration provisions of this Settlement Agreement, and identifying any persons in the Settlement Class who submitted timely and valid Requests for Exclusion; (l) Processing and transmitting distributions from the Settlement Consideration as well provided in this Settlement Agreement; (m) Paying any invoices, expenses, taxes, fees, and other costs associated with administration of this Settlement as contemplated by this Settlement Agreement or required by law; and Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 11 of 80 Page ID #:5805 (n) Performing any objections received other settlement administration-related functions reasonably necessary to effectuate this Settlement Agreement, with the consent of both Settlement Class Counsel and Bank of America’s Counsel, or as approved by the Settlement Administrator; xii) Resolving disputes during the settlement administration process in the manner provided under Section VI.B. below; and xiii) Such other tasks as the Parties mutually agreeCourt.