NOTICE AND ADMINISTRATION OF SETTLEMENT. 55. No later than sixty (60) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class List. Prior to any mailing the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “True Trace”. Defendants and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty (60) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.” 56. If any Individual Notice and/or Claim Form mailed to any Person on the Class List in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal Service. The Claims Administrator will promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants and Class Counsel as requested. 57. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, Stipulation, approval papers, and any further necessary information, will be made available to the Updated Settlement Class by the Claims Administrator. 58. Neither Defendants, nor Plaintiffs, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
NOTICE AND ADMINISTRATION OF SETTLEMENT. 55. No later than sixty (60) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s 's name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class List. Prior to any mailing the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “"True Trace”". Defendants Defendant and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty (60) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”
56. If any Individual Notice and/or Claim Form mailed to any Person on the Class List in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal Service, or obtained through a search of change of address data bases. The Claims Administrator will promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants Defendant and Class Counsel as requested.
57. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, Stipulation, approval papers, and any further necessary information, will be made available to the Updated Settlement Class by the Claims Administrator.
58. Neither DefendantsDefendant, nor PlaintiffsPlaintiff, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
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NOTICE AND ADMINISTRATION OF SETTLEMENT. 55. No later than sixty (60) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s 's name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class List. Prior to any mailing the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “"True Trace”". Defendants Defendant and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty (60) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”
56. If any Individual Notice and/or Claim Form mailed to any Person on the Class List in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal Service. The Claims Administrator will promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants Defendant and Class Counsel as requested.
57. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, Stipulation, approval papers, and any further necessary information, will be made available to the Updated Settlement Class by the Claims Administrator.
58. Neither DefendantsDefendant, nor PlaintiffsPlaintiff, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
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NOTICE AND ADMINISTRATION OF SETTLEMENT. 5557. No later than sixty thirty (6030) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent send a copy of the Individual Short Form Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s 's name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56address, the date of the loss, and the vehicle makemake and year (based on Defendants’ records), modelvia postcard, and year, by firstpre-class mailpaid postage, to each Person on the Updated Settlement Class ListMember (“Mailed Notice”). Prior to any mailing mailing, the Claims Administrator shall update all addresses on the Settlement Class List by running the addresses thereon through the National Change of Address Data Base and “Base, "True Trace”", or equivalent service. Defendants and the Claims Administrator shall use their best efforts to complete the mailing of the Individual The Short Form Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty (60) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “CA” unless otherwise modified by agreement of the Parties and approved by the Court.
58. The mailing to Mailed Notice shall be sent once by the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”Claims Administrator.
5659. If any Individual Short Form Notice and/or and Claim Form mailed to any Person on the Class List Member in accordance with the procedure set forth above in Paragraph 57 is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form it to the Class Member by first-first- class mail to if any forwarding address is provided by the United States Postal ServiceService (“Renewed Mail Notice”). The Claims Administrator will promptly log each Individual Short Form Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants and Class Counsel as requested.
5760. Renewed Mail Notice shall be sent once by the Claims Administrator. If any Renewed Mail Notice sent to any Class Member is returned to the Claims Administrator as undeliverable, no further efforts shall be made, via the Claims Administrator.
61. A website for the Settlement administration will be established by the Claims Administrator wherein Long Form Notice, the Individual Short Form Notice and Claim Form, Stipulationthe Agreement, approval papers, and any further necessary information, will be made available to the Updated Settlement Class by the Claims Administrator. The website shall provide for the filling in and submission of Claim Forms electronically.
5862. E-mail Notice shall also be sent to each Class Member on one occasion, on a date decided by the Claims Administrator, but no later than fifteen (15) days after the Short Form Notice and Claim Form is mailed, to the extent Defendants have e-mail addresses available, and shall include a hyperlink to the Claim Form on the Settlement Website. The Claim Form on the Settlement Website will prepopulate with a unique code found on the E-mail Notice.
63. Long-form notice shall be sent to Class Members who request it.
64. The Claims Administrator shall retain a record of all notice procedures detailed in this Agreement and provide periodic updates to the Parties prior to the Final Claim Form Submission Deadline
65. Neither Defendants, nor Released Parties, Plaintiffs, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
NOTICE AND ADMINISTRATION OF SETTLEMENT. 5551. No later than sixty one hundred fifty (60150) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s 's name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56Paragraph 53, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class List. Prior to any mailing the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “"True Trace”". Defendants and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty one hundred fifty (60150) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”
5652. If any Individual Notice and/or Claim Form mailed to any Person on the Class List in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal Service. The Claims Administrator will promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants and Class Counsel as requested.
5753. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, Stipulation, approval papers, and any further necessary information, will be made available to the Updated Settlement Class by the Claims Administrator.
5854. Neither Defendants, nor Plaintiffs, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
NOTICE AND ADMINISTRATION OF SETTLEMENT. 5554. No later than sixty (60) days As soon as practicable after the Preliminary Approval of this Settlement, Settlement the Claims Administrator shall have sent a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), by first-class mail, to each Person on the Updated Settlement Class List, pre-printed with the Class Member’s name and most recent address as determined below in this Paragraph and Paragraphs 54 52 and 5653, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class List. Prior to any mailing the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “True Trace”. Defendants and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty seventy (6070) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” C unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”
5655. If any Individual Notice and/or Claim Form mailed to any Person on the Class List in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal Service. The Claims Administrator will promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants and Class Counsel as requested.
5756. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, Stipulation, approval papers, and any further necessary information, as well as an online claim form, will be made available to the Updated Settlement Class by the Claims Administrator.
5857. Neither Defendants, nor PlaintiffsPlaintiff, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
NOTICE AND ADMINISTRATION OF SETTLEMENT. 5552. No later than sixty one hundred fifty (60150) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s 's name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56Paragraph 53, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class List. Prior to any mailing the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “"True Trace”". Defendants and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty one hundred fifty (60150) days after the Preliminary Approval of the Settlement as provided herein. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”
5653. If any Individual Notice and/or Claim Form mailed to any Person on the Class List in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal Service. The Claims Administrator will promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants and Class Counsel as requested.
5754. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, Stipulation, approval papers, and any further necessary information, will be made available to the Updated Settlement Class by the Claims Administrator.
5855. Neither Defendants, nor PlaintiffsPlaintiff, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
NOTICE AND ADMINISTRATION OF SETTLEMENT. 5543. No later than sixty forty-five (6045) days after the Preliminary Approval of this Settlement, the Claims Administrator shall have sent to each Settlement Class Member, by first- class mail, a copy of the Individual Notice and a Claim Form (or Claim Forms if a Class Member has multiple claims), pre-printed with the Class Member’s name and most recent address as determined below in this Paragraph and Paragraphs 54 and 56, the date of the loss, and the vehicle make, model, and year, by first-class mail, to each Person on the Updated Settlement Class ListForms. Prior to any mailing mailing, the Claims Administrator shall update all addresses on the Class List by running the addresses thereon through the National Change of Address Data Base and “"True Trace”. Defendants and the Claims Administrator shall use their best efforts to complete the mailing of the Individual Notice and Claim Form to each Person on the Updated Settlement Class List, as soon as possible, but no later than sixty (60) days after the Preliminary Approval of the Settlement as provided herein” or similar program. The Individual Notice will be approved as to form and content by the Court and be in the form attached hereto as Exhibit “C” unless otherwise modified by agreement of the Parties and approved by the Court. The mailing to the Settlement Class Members that contains the Individual Notice will also include a copy of the Claim Form, attached hereto as Exhibit “A.”.
5644. If any Individual Notice and/or Claim Form mailed to any Person on the Class List Member in accordance with the procedure set forth above is returned to the Claims Administrator as undeliverable, then the Claims Administrator shall re-send the returned Individual Notice and/or Claim Form to the Class Member by first-class mail to any forwarding address provided by the United States Postal ServiceService or an address reasonably obtainable via a search of address update databases. The Claims Administrator will shall promptly log each Individual Notice and/or Claim Form that is returned as undeliverable and provide copies of the log to Defendants Defendant and Class Counsel as requested.
5745. No later than forty (40) days prior to the Claim Form Submission Date, the Claims Administrator shall issue or distribute reminder post-cards to Settlement Class Members which identify the Claim Form Submission Date, and provide Settlement Class Members’ claim identification number and personal identification number “PIN”, and the settlement website address and Claim Administrator’s mailing address. The Claims Administrator is not required to investigate or obtain new addresses for undeliverable postcards.
46. A website for the Settlement administration will be established by the Claims Administrator wherein the Individual Notice and Claim Form, StipulationAgreement, approval papers, and any further necessary information, will be made available to the Updated Settlement Class Classes by the Claims Administrator. The website shall provide for the filling in and submission of claims electronically.
5847. Neither DefendantsDefendant, nor PlaintiffsPlaintiff, nor any of their counsel, shall be liable for any act, or failure to act, of the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement