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 to screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement Administrator determines that there is evidence of fraud. The Settlement Administrator will review each Claim Form based upon the initial submission by a Settlement Class Member and ensure that each is complete, properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of this Agreement. The Settlement Administrator is empowered to pay legitimate and valid claims only;
Appears in 2 contracts
Samples: Class Settlement Agreement, Class Settlement Agreement
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 561. The Parties shall jointly recommend and retain Angeion Group to be the Settlement Administrator to help implement the terms of this Agreement. Following the Court’s preliminary approval of this Agreement and the Court’s appointment of the proposed Settlement Administrator, the Settlement Administrator shall perform disseminate notice to the functions and duties necessary to effectuate Class as provided for in the Declaration of the Settlement and Administrator, attached as Exhibit 8 to this Agreement, as specified in the Preliminary Approval Order and in this Agreement, and in order to comply with all applicable laws, including, but not limited to, the following: The Settlement Administrator shall maintain reasonably detailed records Due Process Clause of its activities under this Settlementthe Constitution of the United States. The Settlement Administrator shall maintain all such records as are required abide by applicable law in accordance with its normal business practicesthe terms, conditions, and such records will obligations of this Agreement, the Settlement Claim Procedures and Claim Calculation Protocol, and the Orders issued by the Court in this Action.
2. In addition to the functions specified elsewhere in this Agreement, the Settlement Administrator shall be made available responsible for, without limitation, consulting on and designing the Notice to the Class via various forms of media, including implementing the media purchases. In particular, the Settlement Administrator shall be responsible for: (a) arranging for the publication on the Settlement Website of the Summary Settlement Notice and Class Notice; (b) designing and implementing Notice to the Class by various electronic media, including targeted banner advertisements to reach the target audience; (c) responding to requests from Class Counsel and/or Xxx’x Counsel; and Defendants’ Counsel, (d) otherwise implementing and/or assisting with the Parties and their representatives promptly upon requestdissemination of the Notice of the Settlement.
3. The Settlement Administrator shall also be responsible for, without limitation, dissemination of the Class Notice as provided in this Agreement, and implementing the terms of the Claim Process and related administrative activities that include communications with governmental agencies and authorities and Class Members concerning the Settlement, Claim Process, and their options thereunder. In particular, the Settlement Administrator shall be responsible for: (a) disseminating the Class Notice as set forth in the Declaration of the Settlement Administrator attached hereto as Exhibit 8; (b) making mailings, if any, required under the terms of this Agreement; (c) establishing a website that contains important documents, including the Claim Form that can be completed and submitted online; (d) establishing a toll-free voice response unit to which Class Members may refer for information about the Action and the Settlement; (e) receiving and maintaining on behalf of the Court any Class Member correspondence regarding requests for exclusion and objections to the Settlement; (f) forwarding inquiries from Class Members to Class Counsel or their designee for a response, if warranted; (g) establishing a post office box for the receipt of Claim Forms, exclusion requests, and any correspondence; (h) reviewing Claim Forms according to the review protocols set forth in this Agreement and in the Settlement Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7; (i) otherwise implementing and/or assisting with the Claim review process and payment of the Claims, pursuant to the terms and conditions of this Agreement; and (j) on behalf of Utz, provide reports requisite notice to governmental agencies and authories, including, without limitation, notice pursuant to 28 U.S.C. § 1715(a) and 28 U.S.C. § 1715(b)).
4. Because the names of Class Members and other personal information about them will be provided to the Court as the Court may require. Should the Court request or should it be reasonably advisable to do soSettlement Administrator for purposes of providing cash benefits and processing opt-out requests, the PartiesSettlement Administrator will execute a confidentiality and non- disclosure agreement with Utz, Defense Counsel, and Class Counsel and will take all reasonable steps to ensure that any information provided to it by Class Members and/or the Parties will be used solely for the purpose of effecting this Settlement.
5. The Settlement Administrator shall administer the Settlement in conjunction accordance with the Settlement Administrator, shall submit a timely report terms of this Agreement (including but not limited to the Court summarizing the work performed by the Settlement Administrator. Without Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7) and, without limiting the foregoing, the Settlement Administrator shall:
a. CreateTreat any and all documents, administercommunications, and oversee the Settlement Fund;
b. Provide Notice to Settlement Class Members other information and materials received in accordance connection 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 SettlementSettlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Agreement or by court order;
g. b. Receive opt-out and other requests from members of the Class to exclude themselves from the Settlement and provide to Class Counsel and Defense Counsel a copy thereof within seven (7) days of receipt. If the Settlement Administrator receives any exclusion forms or other 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 Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide Class Counsel and Defense Counsel with copies thereof thereof; and
c. Receive and maintain on behalf of the Court all correspondence from any Class Member regarding the Settlement.
6. If the Settlement Administrator makes a material or fraudulent misrepresentation to, or conceals requested material information from, Class Counsel, Utz, or Xxx’x Counsel, then the Party to whom the misrepresentation is made shall, in addition to any other appropriate relief, have the right to petition the Court to immediately replace the Settlement Administrator. If the Settlement Administrator fails to perform adequately on behalf of the Parties, the Parties may agree to petition the Court to replace the Settlement Administrator. Neither Party shall unreasonably withhold consent to remove the Settlement Administrator. The Parties will attempt to resolve any disputes regarding the retention or dismissal of the Settlement Administrator in good faith, and, if they are unable to do so, will refer the matter to the Court for resolution.
7. The Settlement Administrator shall begin accepting Claim Forms as they are submitted by Class Members for processing.
8. Not later than ten (10) calendar days before the date of the Fairness Hearing, the Settlement Administrator shall file with the Court, and provide to Class Counsel and Defendants’ Counsel;
h. Provide reports and summaries, as requested, to Settlement Class Counsel and Defendants’ Xxx’x Counsel, including without limitationa declaration: (a) listing those persons who have opted out or excluded themselves from the Settlement; and (b) the details outlining the scope, reports regarding the number of Claim Forms received methods and the identity results of the Settlement Class Members;Notice program.
i. Employ reasonable procedures to screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement Administrator determines that there is evidence of fraud9. The Settlement Administrator will review each Claim Form based upon shall promptly provide copies of any requests for exclusion, objections, and/or related correspondence to Class Counsel and Xxx’x Counsel.
10. The Settlement Administrator shall administer the initial submission by a Settlement Class Member and ensure that each is complete, properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of this Agreement and in accordance with the Claim Procedure and Claim Calculation Protocol, attached hereto as Exhibit 7.
11. Any Class Member who, in accordance with the terms and conditions of this Agreement, neither seeks exclusion from the Class nor files a Claim Form, will not be entitled to receive any payment pursuant to this Settlement, but will be bound together with all other Class Members by all of the terms of this Agreement, including the terms of the Final Order and Final Judgment to be entered in the Action and the Releases provided for in this Agreement, and will be barred from bringing any action in any forum (state or federal) against any of the Released Parties concerning the matters subject to the Release.
12. The Claim Forms that do not meet the requirements set forth in this Agreement, in the Class Notice, and in the Claim Form instructions shall be rejected. Where a good faith basis exists, the Settlement Administrator may reject a Class Member’s Claim Form for, among other reasons, the following:
a. The Class Member failed to provide adequate support of his or her claim pursuant to a request of the Settlement Administrator;
b. The Class Member purchased products that are not covered by the terms of this Settlement; same household;
c. The Class Member failed to fully complete and/or sign the Claim Form;
d. The Class Member submitted an illegible Claim Form;
e. More than one Claim Form is empowered to pay legitimate and valid claims onlysubmitted by persons who reside in the f. The Claim Form is fraudulent;
Appears in 1 contract
Samples: Settlement Agreement
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 561. The Subject to the approval of the Court, Angeion Group shall be retained as the Settlement Administrator to help implement the terms of this Agreement. Following the Court’s issuance of the Notice Approval Order and the Court’s appointment of the proposed Settlement Administrator, the Settlement Administrator shall perform disseminate notice to the functions and duties necessary to effectuate Class as provided for in the Declaration of the Settlement and Administrator, attached as Exhibit 8 to this Agreement, as specified in the Notice Approval Order and in this Agreement, and in order to comply with all applicable laws, including, but not limited to, the following: The Settlement Administrator shall maintain reasonably detailed records Due Process Clause of its activities under this Settlementthe Constitution of the United States. The Settlement Administrator shall maintain all such records as are required abide by applicable law in accordance with its normal business practicesthe terms, conditions, and such records will be made available to Settlement Class Counsel and Defendants’ Counselobligations of this Agreement, the Parties Settlement Claim Procedures and their representatives promptly upon requestClaim Calculation Protocol, and the Orders issued by the Court in this Action.
2. In addition to the functions specified elsewhere in this Agreement, the Settlement Administrator shall be responsible for, without limitation, consulting on and designing the Notice to the Class via various forms of media, including implementing the media purchases. In particular, the Settlement Administrator shall be responsible for: (a) arranging for the publication on the Settlement Website of the Summary Settlement Notice and Class Notice; (b) designing and
3. The Settlement Administrator shall also be responsible for, without limitation, dissemination of the Class Notice as provided in this Agreement, and implementing the terms of the Claim Process and related administrative activities that include communications with governmental agencies and authorities and Class Members concerning the Settlement, Claim Process, and their options thereunder. In particular, the Settlement Administrator shall be responsible for: (a) disseminating the Class Notice as set forth in the Declaration of the Settlement Administrator attached hereto as Exhibit 8; (b) making mailings, if any, required under the terms of this Agreement; (c) establishing a website that contains important documents, including the Claim Form that can be completed and submitted online; (d) establishing a toll-free voice response unit to which Class Members may refer for information about the Action and the Settlement; (e) receiving and maintaining on behalf of the Court any Class Member correspondence regarding requests for exclusion and objections to the Settlement; (f) forwarding inquiries from Class Members to Class Counsel or their designee for a response, if warranted; (g) establishing a post office box for the receipt of Claim Forms, exclusion requests, and any correspondence; (h) reviewing Claim Forms according to the review protocols set forth in this Agreement and in the Settlement Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7; (i) otherwise implementing and/or assisting with the Claim review process and payment of the Claims, pursuant to the terms and conditions of this Agreement; and (j) on behalf of Utz, provide reports requisite notice to governmental agencies and authories, including, without limitation, notice pursuant to 28 U.S.C. § 1715(a) and 28 U.S.C. § 1715(b)).
4. Because the names of Class Members and other personal information about them will be provided to the Court as the Court may require. Should the Court request or should it be reasonably advisable to do soSettlement Administrator for purposes of providing cash benefits and processing opt-out requests, the PartiesSettlement Administrator will execute a confidentiality and non- disclosure agreement with Utz, Defense Counsel, and Class Counsel and will take all reasonable steps
5. The Settlement Administrator shall administer the Settlement in conjunction accordance with the Settlement Administrator, shall submit a timely report terms of this Agreement (including but not limited to the Court summarizing the work performed by the Settlement Administrator. Without Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7) and, without limiting the foregoing, the Settlement Administrator shall:
a. CreateTreat any and all documents, administercommunications, and oversee the Settlement Fund;
b. Provide Notice to Settlement Class Members other information and materials received in accordance connection 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 SettlementSettlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Agreement or by court order;
g. b. Receive opt-out and other requests from members of the Class to exclude themselves from the Settlement and provide to Class Counsel and Defense Counsel a copy thereof within seven (7) days of receipt. If the Settlement Administrator receives any exclusion forms or other 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 Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide Class Counsel and Defense Counsel with copies thereof thereof; and
c. Receive and maintain on behalf of the Court all correspondence from any Class Member regarding the Settlement.
6. If the Settlement Administrator makes a material or fraudulent misrepresentation to, or conceals requested material information from Class Counsel, Utz, or Xxx’x Counsel, then the Party to whom the misrepresentation is made shall, in addition to any other appropriate relief, have the right to petition the Court to immediately replace the Settlement Administrator. If the Settlement Administrator fails to perform adequately on behalf of the Parties, the Parties may agree to petition the Court to replace the Settlement Administrator. Neither Party shall unreasonably withhold consent to remove the Settlement Administrator. The Parties will attempt to resolve any disputes regarding the retention or dismissal of the Settlement Administrator in good faith, and, if they are unable to do so, will refer the matter to the Court for resolution.
7. The Settlement Administrator shall begin accepting Claim Forms as they are
8. Not later than ten (10) calendar days before the date of the Fairness Hearing, the Settlement Administrator shall file with the Court, and provide to Class Counsel and Defendants’ Counsel;
h. Provide reports and summaries, as requested, to Settlement Class Counsel and Defendants’ Xxx’x Counsel, including without limitationa declaration: (a) listing those persons who have opted out or excluded themselves from the Settlement; and (b) the details outlining the scope, reports regarding the number of Claim Forms received methods and the identity results of the Settlement Class Members;Notice program.
i. Employ reasonable procedures to screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement Administrator determines that there is evidence of fraud9. The Settlement Administrator will review each Claim Form based upon shall promptly provide copies of any requests for exclusion, objections, and/or related correspondence to Class Counsel and Xxx’x Counsel.
10. The Settlement Administrator shall administer the initial submission by a Settlement Class Member and ensure that each is complete, properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of this Agreement and in accordance with the Claim Procedure and Claim Calculation Protocol, attached hereto as Exhibit 7.
11. Any Class Member who, in accordance with the terms and conditions of this Agreement, neither seeks exclusion from the Class nor files a Claim Form, will not be entitled to receive any payment pursuant to this Settlement, but will be bound together with all other Class Members by all of the terms of this Agreement, including the terms of the Final Order and Final Judgment to be entered in the Action and the Releases provided for in this Agreement, and will be barred from bringing any action in any forum (state or federal) against any of the Released Parties concerning the matters subject to the Release.
12. The Claim Forms that do not meet the requirements set forth in this Agreement, in the Class Notice, and in the Claim Form instructions shall be rejected. Where a good faith basis exists, the Settlement Administrator may reject a Class Member’s Claim Form for, among other reasons, the following:
a. The Class Member failed to provide adequate support of his or her claim pursuant to a request of the Settlement Administrator;
b. The Class Member purchased products that are not covered by the terms
c. The Class Member failed to fully complete and/or sign the Claim Form;
d. The Class Member submitted an illegible Claim Form; same household;
e. More than one Claim Form is empowered to pay legitimate and valid claims only;submitted by persons who reside in the
Appears in 1 contract
Samples: Settlement Agreement
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 a) Obtaining the Settlement Fund;
b. Provide settlement class member list for the purpose of disseminating Notice to Settlement Class Members in accordance with the Notice Plan, attached as Exhibit 5, and the Press Release, attached as Exhibit 6Members;
c. Establish b) Providing Notice to Settlement Class Members;
c) Providing CAFA Notice;
d) Establishing and maintain maintaining the Settlement Website;
d. Establish e) Establishing and maintain maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries within one (1) business daytimely;
e. Respond f) Responding to any mailed or emailed Settlement Class Member inquiries within one (1) business daytimely;
f. Upon requestg) Reviewing, promptly forward to Defendants’ Counsel determining the validity of, and processing all claims submitted by Settlement Class Counsel, copies of all documents and other materials relating to the administration of the SettlementMembers;
g. Receive h) Receiving requests to opt out and objections from Settlement Class Members to exclude themselves from the Settlement Class and promptly provide to providing Class Counsel and Defendants’ Defendant’s Counsel a copy thereof upon receiptno later than three (3) days following the deadline for submission of the same. If the Settlement Administrator receives any requests for exclusion to opt out, objections, or other requests from Settlement Class Members after the Exclusion DeadlineOpt- Out and Objection Deadlines, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s Counsel;
h. Provide reports i) After the Effective Date, processing and summaries, as requested, transmitting Settlement Payments to Settlement Class Members and the approved fees and costs to Class Counsel;
j) Providing weekly or other periodic reports to Class Counsel and Defendants’ Counsel, including without limitation, reports Defendant’s Counsel that include information regarding the number of Claim Forms received Claims and the identity of the Settlement Class Members;
i. Employ reasonable procedures to screen Claims Forms for wastelater, fraudsettlement payments sent and delivered, payments accepted and cashed, undeliverable information, and abuse any other requested information relating to Settlement Claims and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement Administrator determines that there is evidence of fraudPayments. The Settlement Administrator will review each Claim Form based shall also, as requested by Class Counsel or Defendant’s Counsel and from time to time, provide the amounts remaining from any funds paid by Defendant.
k) In advance of the Final Approval Hearing, preparing an affidavit upon request to submit to the initial submission by a Settlement Class Member and ensure that each is complete, properly substantiated and, based on the substantiation, determine the appropriate benefit Court that: (i) attests to be paid, if any, implementation of Notice in accordance with the terms Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly submitted an Opt Out request; and
l) Performing any function related to Settlement administration at the agreed- upon instruction of this Agreement. The Class Counsel or Defendant’s Counsel, including, but not limited to, verifying that Settlement Administrator is empowered to pay legitimate and valid claims only;Payments have been distributed.
Appears in 1 contract
Samples: Settlement Agreement
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 561. The Subject to the approval of the Court, Angeion Group shall be retained as the Settlement Administrator to help implement the terms of this Agreement. Following the Court’s issuance of the Notice Approval Order and the Court’s appointment of the proposed Settlement Administrator, the Settlement Administrator shall perform disseminate notice to the functions and duties necessary to effectuate Class as provided for in the Declaration of the Settlement and Administrator, attached as Exhibit 8 to this Agreement, as specified in the Notice Approval Order and in this Agreement, and in order to comply with all applicable laws, including, but not limited to, the following: The Settlement Administrator shall maintain reasonably detailed records Due Process Clause of its activities under this Settlementthe Constitution of the United States. The Settlement Administrator shall maintain all such records as are required abide by applicable law in accordance with its normal business practicesthe terms, conditions, and such records will obligations of this Agreement, the Settlement Claim Procedures and Claim Calculation Protocol, and the Orders issued by the Court in this Action.
2. In addition to the functions specified elsewhere in this Agreement, the Settlement Administrator shall be made available responsible for, without limitation, consulting on and designing the Notice to the Class via various forms of media, including implementing the media purchases. In particular, the Settlement Administrator shall be responsible for: (a) arranging for the publication on the Settlement Website of the Summary Settlement Notice and Class Notice; (b) designing and implementing Notice to the Class by various electronic media, including targeted banner advertisements to reach the target audience; (c) responding to requests from Class Counsel and/or Xxx’x Counsel; and Defendants’ Counsel, (d) otherwise implementing and/or assisting with the Parties and their representatives promptly upon requestdissemination of the Notice of the Settlement.
3. The Settlement Administrator shall also be responsible for, without limitation, dissemination of the Class Notice as provided in this Agreement, and implementing the terms of the Claim Process and related administrative activities that include communications with governmental agencies and authorities and Class Members concerning the Settlement, Claim Process, and their options thereunder. In particular, the Settlement Administrator shall be responsible for: (a) disseminating the Class Notice as set forth in the Declaration of the Settlement Administrator attached hereto as Exhibit 8; (b) making mailings, if any, required under the terms of this Agreement; (c) establishing a website that contains important documents, including the Claim Form that can be completed and submitted online; (d) establishing a toll-free voice response unit to which Class Members may refer for information about the Action and the Settlement; (e) receiving and maintaining on behalf of the Court any Class Member correspondence regarding requests for exclusion and objections to the Settlement; (f) forwarding inquiries from Class Members to Class Counsel or their designee for a response, if warranted; (g) establishing a post office box for the receipt of Claim Forms, exclusion requests, and any correspondence; (h) reviewing Claim Forms according to the review protocols set forth in this Agreement and in the Settlement Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7; (i) otherwise implementing and/or assisting with the Claim review process and payment of the Claims, pursuant to the terms and conditions of this Agreement; and (j) on behalf of Utz, provide reports requisite notice to governmental agencies and authories, including, without limitation, notice pursuant to 28 U.S.C. § 1715(a) and 28 U.S.C. § 1715(b)).
4. Because the names of Class Members and other personal information about them will be provided to the Court as the Court may require. Should the Court request or should it be reasonably advisable to do soSettlement Administrator for purposes of providing cash benefits and processing opt-out requests, the PartiesSettlement Administrator will execute a confidentiality and non- disclosure agreement with Utz, Defense Counsel, and Class Counsel and will take all reasonable steps to ensure that any information provided to it by Class Members and/or the Parties will be used solely for the purpose of effecting this Settlement.
5. The Settlement Administrator shall administer the Settlement in conjunction accordance with the Settlement Administrator, shall submit a timely report terms of this Agreement (including but not limited to the Court summarizing the work performed by the Settlement Administrator. Without Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7) and, without limiting the foregoing, the Settlement Administrator shall:
a. CreateTreat any and all documents, administercommunications, and oversee the Settlement Fund;
b. Provide Notice to Settlement Class Members other information and materials received in accordance connection 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 SettlementSettlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Agreement or by court order;
g. b. Receive opt-out and other requests from members of the Class to exclude themselves from the Settlement and provide to Class Counsel and Defense Counsel a copy thereof within seven (7) days of receipt. If the Settlement Administrator receives any exclusion forms or other 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 Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide Class Counsel and Defense Counsel with copies thereof thereof; and
c. Receive and maintain on behalf of the Court all correspondence from any Class Member regarding the Settlement.
6. If the Settlement Administrator makes a material or fraudulent misrepresentation to, or conceals requested material information from Class Counsel, Utz, or Xxx’x Counsel, then the Party to whom the misrepresentation is made shall, in addition to any other appropriate relief, have the right to petition the Court to immediately replace the Settlement Administrator. If the Settlement Administrator fails to perform adequately on behalf of the Parties, the Parties may agree to petition the Court to replace the Settlement Administrator. Neither Party shall unreasonably withhold consent to remove the Settlement Administrator. The Parties will attempt to resolve any disputes regarding the retention or dismissal of the Settlement Administrator in good faith, and, if they are unable to do so, will refer the matter to the Court for resolution.
7. The Settlement Administrator shall begin accepting Claim Forms as they are submitted by Class Members for processing.
8. Not later than ten (10) calendar days before the date of the Fairness Hearing, the Settlement Administrator shall file with the Court, and provide to Class Counsel and Defendants’ Counsel;
h. Provide reports and summaries, as requested, to Settlement Class Counsel and Defendants’ Xxx’x Counsel, including without limitationa declaration: (a) listing those persons who have opted out or excluded themselves from the Settlement; and (b) the details outlining the scope, reports regarding the number of Claim Forms received methods and the identity results of the Settlement Class Members;Notice program.
i. Employ reasonable procedures to screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement Administrator determines that there is evidence of fraud9. The Settlement Administrator will review each Claim Form based upon shall promptly provide copies of any requests for exclusion, objections, and/or related correspondence to Class Counsel and Xxx’x Counsel.
10. The Settlement Administrator shall administer the initial submission by a Settlement Class Member and ensure that each is complete, properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of this Agreement and in accordance with the Claim Procedure and Claim Calculation Protocol, attached hereto as Exhibit 7.
11. Any Class Member who, in accordance with the terms and conditions of this Agreement, neither seeks exclusion from the Class nor files a Claim Form, will not be entitled to receive any payment pursuant to this Settlement, but will be bound together with all other Class Members by all of the terms of this Agreement, including the terms of the Final Order and Final Judgment to be entered in the Action and the Releases provided for in this Agreement, and will be barred from bringing any action in any forum (state or federal) against any of the Released Parties concerning the matters subject to the Release.
12. The Claim Forms that do not meet the requirements set forth in this Agreement, in the Class Notice, and in the Claim Form instructions shall be rejected. Where a good faith basis exists, the Settlement Administrator may reject a Class Member’s Claim Form for, among other reasons, the following:
a. The Class Member failed to provide adequate support of his or her claim pursuant to a request of the Settlement Administrator;
b. The Class Member purchased products that are not covered by the terms of this Settlement;
c. The Class Member failed to fully complete and/or sign the Claim Form;
d. The Class Member submitted an illegible Claim Form; same household;
e. More than one Claim Form is empowered to pay legitimate and valid claims onlysubmitted by persons who reside in the f. The Claim Form is fraudulent;
Appears in 1 contract
Samples: Settlement Agreement
DUTIES OF THE SETTLEMENT ADMINISTRATOR. 561. The Parties shall jointly recommend, and Class Counsel shall retain, Class-settlement.com to be the Settlement Administrator to help implement the terms of this Agreement. Following the Court’s preliminary approval of this Agreement and the Court’s appointment of the proposed Settlement Administrator, the Settlement Administrator shall perform disseminate notice to the functions and duties necessary to effectuate Class as provided for in a Declaration of the Settlement and Administrator, as specified in the Preliminary Approval Order and in this Agreement, and in order to comply with all applicable laws, including, but not limited to, the following: The Settlement Administrator shall maintain reasonably detailed records Due Process Clause of its activities under this Settlementthe Constitution of the United States. The Settlement Administrator shall maintain all such records as are required abide by applicable law in accordance with its normal business practicesthe terms, conditions, and such records obligations of this Agreement, the Settlement Claim Procedures and Claim Calculation Protocol, and the Orders issued by the Court in this Action.
2. In addition to the functions specified elsewhere in this Agreement, the Settlement Administrator shall be responsible for, without limitation, consulting on and designing the Notice to the Class via various forms of media, including implementing the media purchases. In particular, the Settlement Administrator shall be responsible for: (a) arranging for the publication on the Settlement Website of the Class Notice; (b) designing and implementing Notice to the Class by various electronic media, including targeted banner advertisements to reach the target audience; (c) responding to requests from Class Counsel and/or Inventure’s Counsel; and (d) otherwise implementing and/or assisting with the dissemination of the Notice of the Settlement.
3. The Settlement Administrator also shall be responsible for, without limitation, dissemination of the Class Notice as provided in this Agreement and Orders of the Court, and implementing the terms of the Claim Process and related administrative activities that include communications with governmental agencies and authorities and Class Members concerning the Settlement, Claim Process, and their options thereunder. In particular, the Settlement Administrator shall be responsible for: (a) disseminating the Class Notice as set forth in a Declaration of the Settlement Administrator; (b) making mailings, if any, required under the terms of this Agreement; (c) establishing a website that contains important documents, including the Claim Form that can be completed and submitted online; (d) establishing a toll- free voice response unit to which Class Members may refer for information about the Action and the Settlement; (e) receiving and maintaining on behalf of the Court any Class Member correspondence regarding requests for exclusion and objections to the Settlement; (f) forwarding inquiries from Class Members to Class Counsel or their designee for a response, if warranted; (g) establishing a Post Office box for the receipt of Claim Forms, exclusion requests, and any correspondence; (h) reviewing Claim Forms according to the review protocols set forth in this Agreement and in the Settlement Claim Procedures and Claim Calculation Protocol, attached hereto as Exhibit 7; (i) otherwise implementing and/or assisting with the Claim review process and payment of the Claims, pursuant to the terms and conditions of this Agreement; and (j) on behalf of Inventure, provide requisite notice to governmental agencies and authorities, including, without limitation, notice pursuant to 28 U.S.C. § 1715(a) and 28 U.S.C. § 1715(b).
4. Because the names of Class Members and other personal information about them will be made available provided to the Settlement Administrator for purposes of providing cash benefits and processing opt-out requests, the Settlement Administrator will execute a confidentiality and non-disclosure agreement with Inventure, Defense Counsel, and Class Counsel and Defendants’ Counsel, will take all reasonable steps to ensure that any information provided to it by Class Members and/or the Parties and their representatives promptly upon requestwill be used solely for the purpose of effecting this Settlement.
5. The Settlement Administrator shall also provide reports and other information administer the Settlement in accordance with the terms of this Agreement (including but not limited to the Court Settlement Claim Procedures and Claim Calculation Protocol, attached hereto as the Court may require. Should the Court request or should it be reasonably advisable to do soExhibit 7) and, 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 without limiting the foregoing, the Settlement Administrator shall:
a. CreateTreat any and all documents, administercommunications, and oversee the Settlement Fund;
b. Provide Notice to Settlement Class Members other information and materials received in accordance connection 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 SettlementSettlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Agreement or by court order;
g. b. Receive opt-out and other requests from members of the Class to exclude themselves from the Settlement and provide to Class Counsel and Defense Counsel a copy thereof within seven (7) days of receipt. If the Settlement Administrator receives any exclusion forms or other 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 Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide Class Counsel and Defense Counsel with copies thereof thereof; and
c. Receive and maintain on behalf of the Court all correspondence from any Class Member regarding the Settlement.
6. If the Settlement Administrator makes a material or fraudulent misrepresentation to, or conceals requested material information from, Class Counsel, Inventure, or Inventure’s Counsel, then the Party to whom the misrepresentation is made shall, in addition to any other appropriate relief, have the right to petition the Court to immediately replace the Settlement Administrator. If the Settlement Administrator fails to perform adequately on behalf of the Parties, the Parties may agree to petition the Court to replace the Settlement Administrator. Neither Party shall unreasonably withhold consent to remove the Settlement Administrator under such circumstances. The Parties will attempt to resolve any disputes regarding the retention or dismissal of the Settlement Administrator in good faith, and, if they are unable to do so, will refer the matter to the Court for resolution.
7. The Settlement Administrator shall begin accepting Claim Forms as they are submitted by Class Members for processing.
8. Not later than fourteen (14) calendar days after the end of the Claim Period, the Settlement Administrator shall provide to Class Counsel and Defendants’ Counsel;
h. Provide reports and summaries, as requested, to Settlement Class Counsel and Defendants’ Inventure’s Counsel, including without limitationa sworn declaration: (a) listing those persons who have opted out or excluded themselves from the Settlement; (b) the details outlining the scope, reports regarding methods and results of the Notice Program; and (c) the number and dollar amount of Claim Forms received and the identity of the Settlement Class Members;Claims submitted.
i. Employ reasonable procedures to screen Claims Forms for waste, fraud, and abuse and shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the Settlement Administrator determines that there is evidence of fraud9. The Settlement Administrator will review each Claim Form based upon shall promptly provide copies of any requests for exclusion, objections, and/or related correspondence to Class Counsel and Inventure’s Counsel.
10. The Settlement Administrator shall administer the initial submission by a Settlement Class Member and ensure that each is complete, properly substantiated and, based on the substantiation, determine the appropriate benefit to be paid, if any, in accordance with the terms of this Agreement and in accordance with the Claim Procedure and Claim Calculation Protocol, attached hereto as Exhibit 7.
11. Any Class Member who, in accordance with the terms and conditions of this Agreement, neither seeks exclusion from the Class nor files a Claim Form, will not be entitled to receive any payment pursuant to this Settlement, but will be bound together with all other Class Members by all of the terms of this Agreement, including the terms of the Final Order and Final Judgment to be entered in the Action and the Releases provided for in this Agreement, and will be barred from bringing any action in any forum (state or federal) against any of the Released Parties concerning the matters subject to the Release.
12. Claim Forms that do not meet the requirements set forth in this Agreement, in the Class Notice, and in the Claim Form instructions shall be rejected. Where a good faith basis exists, the Settlement Administrator may reject a Class Member’s Claim Form for, among other reasons, the following:
a. The Class Member failed to provide adequate support of his or her claim pursuant to a request of the Settlement Administrator;
b. The Class Member did not purchase Eligible Products;
c. The Class Member failed to fully complete and/or sign the Claim Form; the same household;
d. The Class Member submitted an illegible Claim Form;
e. More than one Claim Form is submitted by persons who reside in
f. The Claim Form is fraudulent;
g. The Claim Form is duplicative of another Claim Form;
h. The person submitting the Claim Form is not a Class Member;
i. The person submitting the Claim Form is requesting that funds be paid to a person or entity that is not the Class Member for whom the Claim Form is submitted;
j. Failure to submit a Claim Form by the end of the Claim Period; and/or, Agreement.
k. The Claim Form otherwise does not meet the requirements of this 13. The Settlement Administrator is empowered to pay legitimate and valid claims only;shall determine whether a Claim Form
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Samples: Settlement Agreement
