Common use of Liability of Claims Administrator Clause in Contracts

Liability of Claims Administrator. Prior to implementation of the Plan, the Debtor and the Tort Claimants’ Committee shall seek an order from the MDL 926 Court and/or the District Court designating the actions of the Claims Administrator, staff and agents in collecting, processing, evaluating and paying Claims as judicial actions of the court protected, to the maximum extent allowable by the law, by the doctrine of judicial immunity. If the MDL 926 Court and/or the District Court do not enter such order, then the Claims Administrator shall not be liable for his or her acts or omissions or those of any agent or employee of the Settlement Facility or the Claims Office unless the Claims Administrator acted with gross negligence or willful misconduct with respect to the acts or omissions or in the selection or retention of any such agent or employee.