DUTIES OF THE SETTLEMENT ADMINISTRATOR. 56. 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: The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices, and such records will be made available to Settlement Class Counsel and Defendants’ Counsel, the Parties and their representatives promptly upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. Should the Court request or should it be reasonably advisable to do so, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator. Without limiting the foregoing, the Settlement Administrator shall:
a. Create, administer, and oversee the Settlement Fund;
b. Provide Notice to Settlement Class Members in accordance with the Notice Plan, attached as Exhibit 5, and the Press Release, attached as Exhibit 6;
c. Establish and maintain the Settlement Website;
d. Establish and maintain a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business day;
e. Respond to any mailed or emailed Settlement Class Member inquiries within one (1) business day;
f. Upon request, promptly forward to Defendants’ Counsel and Settlement Class Counsel, copies of all documents and other materials relating to the administration of the Settlement;
g. Receive requests from Class Members to exclude themselves from the Settlement Class and promptly provide to Class Counsel and Defendants’ Counsel a copy thereof upon receipt. If the Settlement Administrator receives any requests for exclusion from Class Members after the Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Counsel;
h. Provide reports and summaries, as requested, to Settlement Class Counsel and Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received and the identity of the Settlement Class Members;
i. Employ reasonable procedures t...
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 8.1 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 Contact Information for the purpose of disseminating Notice to Settlement Class Members;
c. Providing Notice to Settlement Class Members via U.S. mail and e-mail as specified in Paragraph 4.1;
DUTIES OF THE SETTLEMENT ADMINISTRATOR. A. The Settlement Administrator shall be responsible for, without limitation: (i) using the VIN List to identify members of the Settlement Class and to obtain mailing and/or email addresses for members of the Settlement Class; (ii) printing and disseminating, via mail and e-mail to the Settlement Class, the Short Form Notice; (iii) sending CAFA Notices; (iv) arranging for the publication of notice as set forth in the Class Notice Program; (v) establishing the Settlement Website and toll-free voice response unit with message capabilities to which Settlement Class Members may refer for information about the Action and the Settlement; (vi) establishing a mailing address for the receipt of any correspondence; (vii) promptly furnishing to Class Counsel and Counsel for the BMW Defendants copies of any requests for exclusion or objections;
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 17. The Settlement Administrator shall perform all tasks necessary to administer the Settlement, including the following:
a) Establish the Escrow Account as an interest-bearing account at a financial institution insured by the FDIC which shall be maintained as a court-approved qualified settlement fund pursuant to Treasury Regulation § 1.468B-1, et seq.
b) No later than 30 days after the Preliminary Approval Order, provide the Notice (Short Form) to the Class Members via email using the email addresses provided in the Excel spreadsheet furnished by the Bank pursuant to paragraph 11(b) above.
c) Perform a skip-trace to locate a more current e-mail address for Class Members for whom the Settlement Administrator receives an electronic notification that the email address used for transmittal of the Notice (Short Form) is no longer active; and promptly resend the E-mail notice to the Class Member’s updated e- mail address.
d) Perform a skip-trace to locate a current mailing address for Class Members for whom the Settlement Administrator receives an electronic notification that the updated e-mail address is no longer active; and promptly mail the Notice (Long Form) via United States Postal Service to the Class Member’s mailing address.
e) No later than 15 days after the Preliminary Approval Order, establish and operate the Settlement Website.
f) Respond to any inquiries by Class Members.
g) Receive and process elections by Class Members to opt out of the Class.
h) Communicate with Class Members as necessary and appropriate regarding the Notice, opt outs, and distribution of the Settlement Fund.
i) No later than 10 days after the Effective Date: i) provide to the Bank an Excel file (in the same form as the Excel file provided by the Bank to the Settlement Administrator) with the names of all the remaining Class Members after eliminating those who properly opted out of the Class; ii) provide the Bank with the Settlement Administrator’s calculation of the Class Member Payment; and
DUTIES OF THE SETTLEMENT ADMINISTRATOR. The Settlement Administrator will be responsible for mailing the Class Notices, handling inquiries from members of the Settlement Class concerning the Class Notices, calculating amounts distributable to members of the Settlement Class, maintaining the settlement funds in an appropriate interest-bearing account, preparing, administrating and distributing any and all amounts to members of the Settlement Class, issuing a final report and performing such other duties as the Parties may direct.
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 1. The Settlement Administrator shall perform the functions as specified in this Agreement, including, but not limited to: overseeing administration of the Claims Process; providing Notice to Settlement Class Members via U.S. mail and e-mail; establishing and operating the Settlement Website and a toll-free number; and administering the claims process.
2. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement and in the Notice Plan, include:
a. Obtaining from CareCentrix, pursuant to Section VI, Paragraph 2, the names, last known mailing addresses, and last known e-mail addresses, to the extent reasonably available, of Settlement Class Members for the purpose of sending Notice to Settlement Class Members;
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 1. The duties of the Settlement Administrator shall be governed by the terms of the Settlement Agreement. The Settlement Administrator will be responsible for the following tasks:
(a) implementing and distributing the Notice approved by the Court;
(b) auto-populating Notices and Claim Forms with available date for BBW Loyalty Members and VS Cardholders;
(c) reporting on the status of the notice, claims, and administration of the Settlement to the Parties;
(d) resolving any Claim Form deficiencies in accordance with Section II.A.6;
(e) calculating the settlement allocation for each Class Member;
(f) distributing the Vouchers;
(g) establishing and maintaining the Settlement Website;
(h) establishing and maintaining a post office box for Opt-Out and/or Objections to the Settlement;
(i) submitting a declaration to the Court and counsel for the Parties at least twenty-eight (28) days before the date scheduled for Final Approval certifying that notice was provided in accordance with the terms of the Agreement and the total number of Class Members who received the Settlement Notice, and the total number of Class Members who opted out of the Settlement; and
(j) performing such additional duties as the Parties and/or the Court may mutually direct.
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 11.1. 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:
11.1.1. Administering and overseeing the Settlement Fund, and the payment of Taxes and Tax-Related Expenses relating to the Settlement Fund;
11.1.2. Obtaining the Settlement Class List for the purpose of disseminating Notice to Settlement Class Members, and validating the email or mailing address contained therein;
11.1.3. Providing Notice to Settlement Class Members in accordance with Section VIII;
11.1.4. Establishing, maintaining and deactivating the Settlement Website;
11.1.5. Providing notice required by CAFA in accordance with Section VIII;
11.1.6. Establishing and maintaining a toll-free telephone line for a Interactive Voice Response system which provides callers with information regarding the case and allows them to leave a voicemail, and answering the questions of Settlement Class Members within one (1) Business Day;
11.1.7. Responding to any mailed or emailed Settlement Class Member inquiries within one (1) Business Day;
11.1.8. Collecting, processing, reviewing, and determining the validity of, in accordance with Section IV, all Claims submitted by Settlement Class Members and transmitting to Class Counsel and Defendant’s Counsel a list of Approved Claims both periodically during the Claims Period and a final list after the Claims Deadline;
11.1.9. Receiving and validating any Request for Exclusion in accordance with Section IX and providing a list of each Settlement Class Member who submitted a Request for Exclusion within ten (10) Business Days following the Opt-Out Deadline;
11.1.10. Administering, calculating, and distributing the Settlement Relief to Participating Settlement Class Members with an Approved Claim in accordance with Section V;
11.1.11. Working with the provider of the Identity Theft and Credit Monitoring Services to receive and send activation codes in accordance with Section V;
11.1.12. Providing weekly or other periodic reports to Class Counsel and Defendant’s Counsel that include information regarding the distribution of Settlement Relief, Settlement Checks cashed, undeliverable information, and any other requested information relating to the distribution of Settlement Relief;
11.1.13. In advance of the Final Approval Hearing, preparing a sworn declaration to submit to the Court that: (i) attests to implementation of Notice in acco...
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 4.8.1. Responsibilities
4.8.1.1. Printing, mailing or arranging the mailing of the Short Form Notices;
4.8.1.2. Xxxxxxxx returned mail not delivered to Settlement Class Members;
4.8.1.3. Attempting to obtain updated address information for any Short Form Notices returned without a forwarding address;
4.8.1.4. Making any additional mailings based on updated address information;
4.8.1.5. Receiving and maintaining on behalf of the Court any Settlement Class Member correspondence regarding requests for exclusion and/or objections to the Settlement;
4.8.1.6. Forwarding written inquiries to Class Counsel or their designee for a response, if warranted;
DUTIES OF THE SETTLEMENT ADMINISTRATOR. Subject to the terms of this Settlement Agreement, the duties of the Settlement Administrator shall include but not be limited to:
