Common use of Notice and Claim Process Clause in Contracts

Notice and Claim Process. 60. Within five (5) calendar days after entry of the order granting Preliminary Approval, Defendant shall provide to the Settlement Administrator a list of all Class Members, including their name, social security number, last known address, telephone number, and Individual Work Weeks. 61. Within ten (10) calendar days after receiving the Class Member list from Defendant, the Settlement Administrator shall send the Notice Packet via first class mail to all Class Members. Prior to the initial mailing, the Settlement Administrator will check the addresses provided by Defendant through the National Change of Address System. 62. If an original Notice Packet is returned as undeliverable with a forwarding address provided by the United States Postal Service, the Settlement Administrator will promptly resend a Notice Packet to that forwarding address, along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven (7) days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Form. If an original Notice Packet is returned as undeliverable without a forwarding address, the Settlement Administrator will make reasonable efforts to locate forwarding addresses, including a skip trace, and if it obtains a more recent address, will resend a Notice Packet, along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven (7) days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Form. 63. At least seven (7) calendar days prior to the final approval hearing, the Settlement Administrator will provide a declaration of due diligence and proof of mailing with regard to the mailing of the Notice Packet to counsel for all Parties. 64. If the Settlement Administrator receives a California FLSA Opt In Form on or before the Opt In Deadline but it is unsigned by the California FLSA Class Member, then within five (5) calendar days of its receipt of the defective form, the Settlement Administrator shall, after retaining a copy of the defective form, mail the defective form back to the California FLSA Class Member with instructions on how to cure the defect and instructions that the corrected form must be received by the Settlement Administrator by the original deadline set forth on the Notice or seven (7) days after the mailing of the defective form (whichever is later). If the California FLSA Class Member’s Opt In Form remains defective after this opportunity to cure, unless the Parties agree otherwise, it shall be rejected by the Settlement Administrator and the Settlement Administrator shall send that person a notice stating the reason the claim was denied. 65. To the extent a Claimant disputes the Individual Work Weeks shown in his or her California Class Form or California FLSA Opt In Form, the Claimant may produce evidence to the Settlement Administrator establishing the dates he or she contends to have worked for Defendant as a Class Member. Defendant’s records will be presumed determinative. The Settlement Administrator shall notify counsel for the Parties of any disputes. Defendant shall review its records and provide further information to the Settlement Administrator, as necessary. The Settlement Administrator shall resolve any disputes and notify counsel for the Parties of its decision. 66. The Settlement Administrator’s determination of eligibility for any Individual Settlement Payments under the terms of this Stipulation of Settlement shall be conclusive, final and binding on all Parties and all Class Members, so long as the Settlement Administrator has first consulted with the Parties regarding any disputes or questions as to eligibility. 67. The Notice shall provide that California Class Members who wish to exclude themselves from the Settlement must submit an Exclusion Letter. Any California Class Member who properly requests exclusion using this procedure will not be entitled to any payment from the Settlement and will not be bound by the Stipulation of Settlement or have any right to object, appeal or comment thereon. California Class Members who fail to submit an Exclusion Letter shall be bound by all terms of the Stipulation of Settlement and any judgment entered in the Lawsuit if the Settlement is approved by the Court. 68. If 10% or more of the California Class Members submit an Exclusion Letter, Defendant shall have the option of canceling the settlement and all actions taken in its furtherance will be null and void. Defendant must exercise this right within seven (7) calendar days after the Settlement Administrator notifies the Parties of the number of Exclusion Letters received, which the Settlement Administrator must do within two (2) calendar days after the Objection/Exclusion Deadline. 69. In order to object to the Settlement, a California Class Member must file his or her objection with the Court no later than the Objection/Exclusion Deadline, or seven (7) days after the re- mailing of the Notice Packet to that Class Member, whichever is later. 70. California FLSA Class Members must mail or deliver a completed California FLSA Opt In Form, as applicable, to the Settlement Administrator by the Opt In Deadline, or seven (7) days after the re-mailing of the Notice Packet to that Class Member, whichever is later. The timeliness of submitted California FLSA Opt In Forms will be determined by valid postmark. In the event that the postmark is illegible or missing, the California FLSA Opt In Form shall be deemed timely if it is received within five (5) days after the Opt In Deadline. 71. Defendant will provide the Settlement Administrator with sufficient funds to make all payments due to Plaintiff, Class Counsel, the LWDA, the Settlement Administrator, and the Claimants, plus any owed Payroll Taxes as soon as practicable, but no later than three (3) business days after the Payment Obligation and Class Release Date. 72. The Settlement Administrator will mail or wire all required payments no later than fourteen (14) calendar days after the Payment Obligation and Class Release Date. If a Claimant’s check is returned to the Settlement Administrator, the Settlement Administrator will make all reasonable efforts to re-mail it to the Claimant at his or her correct address. It is expressly understood and agreed that the checks for the Individual Settlement Payments will become void and no longer available if not cashed within one hundred eighty days (180) days after mailing. Any funds from uncashed checks for Claimants shall escheat to the California Industrial Relations Unclaimed Wages Fund. Upon completion of administration of the Settlement, the Settlement Administrator shall provide written certification of such completion to the Court, Class Counsel and Defendant’s Counsel. 73. No person shall have any claim against Defendant, Defendant’s Counsel, Plaintiff, the Class, Class Counsel or the Settlement Administrator based on mailings, distributions and payments made in accordance with this Stipulation of Settlement.

Notice and Claim Process. 601. Within five fifteen (515) calendar days after entry of the order granting Preliminary ApprovalApproval as to the California Class and Final Approval as to the FLSA Class, Defendant shall provide to the Settlement Administrator a list of all California Class and FLSA Class Members, including their name, social security Social Security number, last known address, telephone number, and Individual Work Weeks. 612. Within ten (10) calendar days after receiving the Class Member list from Defendant, the Settlement Administrator shall send the Notice Packet via first class mail to all California Class Members. Prior to the initial mailing, the Settlement Administrator will check the addresses provided by Defendant through the National Change of Address System. 623. If an original Notice Packet is returned as undeliverable with a forwarding address provided by the United States Postal Service, the Settlement Administrator will promptly resend a Notice Packet to that forwarding address, along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven (7) days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Form. If an original Notice Packet is returned as undeliverable without a forwarding address, the Settlement Administrator will make reasonable efforts to locate forwarding addresses, including a skip trace, and if it obtains a more recent address, will resend a Notice Packet, along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven (7) days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Formrespond. 634. At least seven (7) calendar days prior to the final approval hearing, the Settlement Administrator will provide a declaration of due diligence and proof of mailing with regard to the mailing of the Notice Packet to counsel for all Parties. 64. If the Settlement Administrator receives a California FLSA Opt In Form on or before the Opt In Deadline but it is unsigned by the California FLSA Class Member, then within five (5) calendar days of its receipt of the defective form, the Settlement Administrator shall, after retaining a copy of the defective form, mail the defective form back to the California FLSA Class Member with instructions on how to cure the defect and instructions that the corrected form must be received by the Settlement Administrator by the original deadline set forth on the Notice or seven (7) days after the mailing of the defective form (whichever is later). If the California FLSA Class Member’s Opt In Form remains defective after this opportunity to cure, unless the Parties agree otherwise, it shall be rejected by the Settlement Administrator and the Settlement Administrator shall send that person a notice stating the reason the claim was denied. 65. To the extent a Claimant California Class Member or FLSA Class Member disputes the Individual Work Weeks shown in his or her California Class Form or California FLSA Opt In Form, the Claimant may produce evidence to the Settlement Administrator establishing the dates he or she contends to have worked for Defendant as a Class MemberDefendant. Defendant’s 's records will be presumed determinative. The Settlement Administrator shall notify counsel for the Parties of any disputes. Defendant shall review its records and provide further information to the Settlement Administrator, as necessary. The Settlement Administrator shall resolve any disputes and notify counsel for the Parties of its decision. 666. The Settlement Administrator’s 's determination of eligibility for any Individual Settlement Payments under the terms of this Stipulation of Settlement shall be conclusive, final and binding on all Parties and all Class Members, so long as the Settlement Administrator has first consulted with the Parties regarding any disputes or questions as to eligibility. 677. The Notice to the California Class Members shall provide that California Class Members who wish to exclude themselves from the Settlement must submit an Exclusion Letter. Any California Class Member who properly requests exclusion using this procedure will not be entitled to any payment from the Settlement and will not be bound by the Stipulation of Settlement or have any right to object, appeal or comment thereon. California Class Members who fail to submit an Exclusion Letter shall be bound by all terms of the Stipulation of Settlement and any judgment entered in the Lawsuit if the Settlement is approved by the Court. 688. If 105% or more of the California Class Members submit an Exclusion Letter, Defendant shall have the option of canceling the settlement and all actions taken in its furtherance will be null and void. Defendant must exercise this right within seven (7) calendar days after the Settlement Administrator notifies the Parties of the number of Exclusion Letters received, which the Settlement Administrator must do within two (2) calendar business days after the Objection/Exclusion Deadline. 699. In order to object to the Settlement, a California Class Member must file his or her objection with the Court no later than the Objection/Exclusion Deadline, or seven (7) days after the re- mailing of the Notice Packet to that Class Member, whichever is later. 70. California FLSA Class Members must mail or deliver a completed California FLSA Opt In Form, as applicable, to the Settlement Administrator by the Opt In Deadline, or seven (7) days after the re-mailing of the Notice Packet to that Class Member, whichever is later. The timeliness of submitted California FLSA Opt In Forms will be determined by valid postmark. In the event that the postmark is illegible or missing, the California FLSA Opt In Form Settlement Awards shall be deemed timely if it is received within paid by the Settlement Administrator to FLSA Class Members fifteen (15) days after the occurrence of the Effective Date and checks for the FLSA Class Members shall be accompanied by the FLSA Class Notice. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with a final statement listing all FLSA Class Members and identifying the number of weeks worked by each FLSA Class Member, and the approximate Settlement award to each FLSA Class Member at least five (5) business days after before the Opt In DeadlineFLSA Class Notices are sent to the FLSA Class Members. Prior to the initial mailing, the Settlement Administrator will check the addresses provided by Defendant through the National Change of Address System. If an original Notice Packet is returned as undeliverable with a forwarding address provided by the United States Postal Service, the Settlement Administrator will promptly resend a Notice Packet to that forwarding address. If an original Notice Packet is returned as undeliverable without a forwarding address, the Settlement Administrator will make reasonable efforts to locate forwarding addresses, including a skip trace, and if it obtains a more recent address, will resend a Notice Packet. FLSA Class Members must elect to opt-in to this action pursuant to the FLSA, 29 U.S.C. §216(b) by cashing the check for the FLSA settlement award. 7110. Defendant will provide the Settlement Administrator with sufficient funds to make all payments due to Plaintiff, Class Counsel, the LWDA, the Settlement Administrator, and the Claimants, plus any owed Payroll Taxes as soon as practicable, but no later than three (3) business days after the Payment Obligation and Class Release Effective Date. 7211. The Settlement Administrator will mail or wire all required payments no later than fourteen (14) calendar days after the Payment Obligation and Class Release Effective Date. If a Claimant’s 's check is returned to the Settlement Administrator, the Settlement Administrator will make all reasonable efforts to re-mail it to the Claimant at his or her correct address. It is expressly understood and agreed that the checks for the Individual Settlement Payments will become void and no longer available if not cashed within one hundred eighty days (180) days after mailing. Any funds from uncashed checks for Claimants shall escheat to the California Industrial Relations Unclaimed Wages Fund. Upon completion of administration of the Settlement, the Settlement Administrator shall provide written certification of such completion to the Court, Class Counsel and Defendant’s 's Counsel. 7312. No person shall have any claim against Defendant, Defendant’s 's Counsel, PlaintiffPlaintiffs, the Class, Class Counsel or the Settlement Administrator based on mailings, distributions and payments made in accordance with this Stipulation of Settlement.

Notice and Claim Process. 6041. Within five seven (57) calendar days after entry of the order granting Preliminary Approval, Defendant Defendants shall provide to the Settlement Administrator a list of all Class Members, including their name, social security number, last known address, telephone number, social security number, and Individual Work Weeks. 6142. Within ten (10) calendar days after receiving the Class Member list from DefendantDefendants, the Settlement Administrator shall send the Notice Packet via first class mail to all Class Members. Prior to the initial mailing, the Settlement Administrator will check the addresses provided by Defendant Defendants through the National Change of Address System. 6243. If an original a Notice Packet is returned as undeliverable with a forwarding address provided by the United States Postal Service, the Settlement Claims Administrator will promptly resend a Notice Packet to that forwarding address, address along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven ten (710) calendar days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Forman Exclusion Letter. If an original Notice Packet is returned as undeliverable without a forwarding address, the Settlement Claims Administrator will make reasonable efforts to locate forwarding addresses, including a skip trace, and if it obtains a more recent address, will resend a Notice Packet, along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven ten (710) calendar days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Forman Exclusion Letter. 6344. At least seven five (75) calendar days prior to the final approval hearing, the Settlement Administrator will provide a declaration of due diligence and proof of mailing with regard to the mailing of the Notice Packet to counsel for all Parties. 64. If the Settlement Administrator receives a California FLSA Opt In Form on or before the Opt In Deadline but it is unsigned by the California FLSA Class Member, then within five (5) calendar days of its receipt of the defective form, the Settlement Administrator shall, after retaining a copy of the defective form, mail the defective form back to the California FLSA Class Member with instructions on how to cure the defect and instructions that the corrected form must be received by the Settlement Administrator by the original deadline set forth on the Notice or seven (7) days after the mailing of the defective form (whichever is later). If the California FLSA Class Member’s Opt In Form remains defective after this opportunity to cure, unless the Parties agree otherwise, it shall be rejected by the Settlement Administrator and the Settlement Administrator shall send that person a notice stating the reason the claim was denied. 6545. To the extent a Claimant disputes the Individual Work Weeks shown in his or her California Class Form or California FLSA Opt In FormNotice, the Claimant may produce evidence to the Settlement Administrator establishing the dates he or she contends to have worked for Defendant as a during the Class MemberPeriod. Defendant’s Defendants’ records will be presumed determinative. The Settlement Administrator shall notify counsel for the Parties of any disputes. Defendant Defendants shall review its their records and provide further information to the Settlement Administrator, as necessary. The Settlement Administrator shall resolve any disputes and notify counsel for the Parties of its decision. Claimants must provide any such evidence by the Objection/Exclusion deadline, thirty (30) days following the date on which the Settlement Administrator first mails the Notice, Exclusion and Objection Forms to the Class Members. 6646. The Absent contrary instructions from the Court, the Settlement Administrator’s determination of eligibility for any Individual Settlement Payments Payment under the terms of this Stipulation of Settlement shall be conclusive, final and binding on all Parties and all Class Members, so long as the Settlement Administrator has first consulted with the Parties regarding any disputes or questions as to eligibility. 6747. The Notice shall provide that California Class Members who wish to exclude themselves from the Settlement must submit an Exclusion Letter. Any California Class Member who properly requests exclusion using this procedure will not be entitled to any payment from the Settlement and will not be bound by the Stipulation of Settlement or have any right to object, appeal or comment thereon. California Class Members who fail to submit an a valid and timely Exclusion Letter shall be bound by all terms of the Stipulation of Settlement and any judgment entered in the Lawsuit Action if the Settlement is approved by the Court. 6848. If 10% or more of the California Class Members submit an Exclusion Letter, Defendant shall have the option of canceling the settlement and all actions taken in its furtherance will be null and void. Defendant must exercise this right within seven (7) calendar days after the Settlement Administrator notifies the Parties of the number of Exclusion Letters received, which the Settlement Administrator must do within two (2) calendar days after the Objection/Exclusion Deadline. 69. In order to object to To the Settlement, a California Class Member must file his or her objection with the Court and serve it on all Parties no later than the Objection/Exclusion Deadline, or seven (7) days after the re- mailing of the Notice Packet to that Class Member, whichever is later. 7049. California FLSA Class Members must mail or deliver a completed California FLSA Opt In Form, as applicable, to the Settlement Administrator by the Opt In Deadline, or seven (7) days after the re-mailing of the Notice Packet to that Class Member, whichever is later. The timeliness of submitted California FLSA Opt In Forms will be determined by valid postmark. In the event that the postmark is illegible or missing, the California FLSA Opt In Form shall be deemed timely if it is received within five (5) days after the Opt In Deadline. 71. Defendant Defendants will provide the Settlement Administrator with sufficient funds to make all payments due to PlaintiffPlaintiffs, Class Counsel, the LWDA, the Settlement Administrator, and the Claimants, plus any owed Payroll Taxes as soon as practicable, but no later than three within five (35) business calendar days after the Payment Obligation and Class Release Date. 7250. The Settlement Administrator will mail or wire all required payments no later than fourteen five (145) calendar days after the Payment Obligation and Class Release Date. If a Claimant’s check is returned to the Settlement Administrator, the Settlement Administrator will make all reasonable efforts to re-mail it to the Claimant at his or her correct address. It is expressly understood and agreed that the checks for the Individual Settlement Payments will become void and no longer available if not cashed within one hundred eighty twenty days (180120) calendar days after mailing. Any funds from The amounts represented by checks remaining uncashed checks for Claimants shall escheat after the 120-day deadline will be sent to the California Industrial Relations Unclaimed Wages FundLegal Aid Society-Employment Law Center in San Francisco. Upon completion of administration of the Settlement, the Settlement Administrator shall provide written certification of such completion to the Court, Class Counsel and Defendant’s Defendants’ Counsel. 7351. No person shall have any claim against DefendantDefendants, Defendant’s Defendants’ Counsel, Plaintiff, the Class, Class Counsel or the Settlement Administrator based on mailings, distributions and payments made in accordance with this Stipulation of Settlement.

Notice and Claim Process. 6013. Within five thirty (530) calendar days after entry of the order granting Preliminary Approvalpreliminary approval, Defendant shall provide the Settlement Administrator with the Class Data. Class Data shall only be used by the Settlement Administrator for the purpose of calculating Individual Settlement Payments and PAGA Payment Shares, and notifying Class Members and PAGA Employees of the Settlement and, if the Court grants final approval of the Settlement, for other acts required of it pursuant to this Settlement and as ordered by the Court. Class Data shall not be disclosed to Class Counsel, the Class Representative, or any other Class Members or PAGA Employees without the written consent of Defendant or order of the Court. The Settlement Administrator shall run the Class Data though the National Change of Address database and shall use the most recent address for each Class Member, as derived from Defendant’s records and the National Change of Address database, before mailing the Notice. The Settlement Administrator shall also take reasonable steps to locate any Class Member whose Notice is thereafter returned as undeliverable. Class Data shall be provided in a secure format to be determined by the Settlement Administrator and Defendant. 14. A Notice of Class Action and PAGA Settlement (“Notice”) in the form attached hereto as Exhibit 1, and as approved by the Court, shall be sent by the Settlement Administrator to each Class Member and PAGA Employee. The Notice will be sent by first class mail, within forty-five (45) calendar days after the entry of the order granting preliminary approval. The Notice will inform the Class Members of their Individual Weeks Worked and a gross settlement payment projection and the deadlines for filing objections to the Settlement and the right to request exclusion from the Class. If the Class Member is also a PAGA Employee, the Notice will also inform the PAGA Employee of the PAGA Weeks Worked and an estimated PAGA Payment Share. The Notice shall also notify Class Members that governmentally-mandated payroll tax withholdings shall be made from a portion of their Individual Settlement Payment as described in this Settlement. The Class Members must return any Request for Exclusion, Class Members and PAGA Employees may submit an objection or dispute his/her Individual Weeks Worked and/or PAGA Weeks Worked within the Response Period. Any Notices returned to the Settlement Administrator a list of all Class Members, including their name, social security number, last known address, telephone number, and Individual Work Weeks. 61. Within ten as non-deliverable on or before thirty (1030) calendar days after receiving mailing of the Notices will be sent promptly via regular First-Class Member list from Defendant, U.S. Mail to the forwarding address affixed thereto and the Settlement Administrator will record the date of such re-mailing, any remailing shall send not extend the Notice Packet via first class mail to all Class MembersResponse Period. Prior to the initial mailingIf no forwarding address is provided, the Settlement Administrator will check use standard skip-tracing methods to obtain forwarding addresses of Class Members and/or PAGA Employees and will perform a single re-mailing. The Parties agree that Notices written in the addresses provided English language are sufficient for this Settlement given the nature of the work performed by Defendant through the National Change of Address SystemClass and PAGA Employees. 6215. If an original Notice Packet is returned as undeliverable with a forwarding address provided by the United States Postal Service, the Settlement Administrator will promptly resend a Notice Packet to that forwarding address, along with a brief letter for California FLSA Class Members stating that the recipient of the Notice Packet has until the original deadline set forth on the Notice or seven (7) days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Form. If an original Notice Packet is returned as undeliverable without a forwarding address, the The Settlement Administrator will make reasonable efforts to locate forwarding addresses, including a skip trace, and if it obtains a more recent address, will resend a Notice Packet, along with a brief letter for California FLSA Class Members stating ensure that the recipient Notice is mailed to all Class Members. It will be conclusively presumed that a Class Member’s Notice was received if the Notice has not been returned within thirty (30) calendar days of the Notice Packet has until the original deadline set forth on the Notice or seven (7) days after the re-mailing of the Notice Packet (whichever is later) to submit a California FLSA Opt In Form. 63. At least seven (7) calendar days prior to the final approval hearing, the Settlement Administrator will provide a declaration of due diligence and proof of mailing with regard to the mailing of the Notice Packet to counsel for all Parties. 64. If the Settlement Administrator receives a California FLSA Opt In Form on or before the Opt In Deadline but it is unsigned by the California FLSA Class Member, then within five (5) calendar days of its receipt of the defective form, the Settlement Administrator shall, after retaining a copy of the defective form, mail the defective form back to the California FLSA Class Member with instructions on how to cure the defect and instructions that the corrected form must be received by the Settlement Administrator by the original deadline set forth on the Notice or seven (7) days after the mailing of the defective form (whichever is later). If the California FLSA Class Member’s Opt In Form remains defective after this opportunity to cure, unless the Parties agree otherwise, it shall be rejected by the Settlement Administrator and the Settlement Administrator shall send that person a notice stating the reason the claim was denied. 65. To the extent a Claimant disputes the Individual Work Weeks shown in his or her California Class Form or California FLSA Opt In Form, the Claimant may produce evidence to the Settlement Administrator establishing the dates he or she contends to have worked for Defendant as a Class Member. Defendant’s records will be presumed determinative. The Settlement Administrator shall notify counsel for the Parties of any disputes. Defendant shall review its records and provide further information to the Settlement Administrator, as necessary. The Settlement Administrator shall resolve any disputes and notify counsel for the Parties of its decision. 66. The Settlement Administrator’s determination of eligibility for any Individual Settlement Payments under the terms of this Stipulation of Settlement shall be conclusive, final and binding on all Parties and all Class Members, so long as the Settlement Administrator has first consulted with the Parties regarding any disputes or questions as to eligibility. 67. The Notice shall provide that California Class Members who wish to exclude themselves from the Settlement must submit an Exclusion Letter. Any California Class Member who properly requests exclusion using this procedure will not be entitled to any payment from the Settlement and will not be bound by the Stipulation of Settlement or have any right to object, appeal or comment thereon. California Class Members who fail to submit an Exclusion Letter shall be bound by all terms of the Stipulation of Settlement and any judgment entered in the Lawsuit if the Settlement is approved by the Court. 68. If 10% or more of the California Class Members submit an Exclusion Letter, Defendant shall have the option of canceling the settlement and all actions taken in its furtherance will be null and void. Defendant must exercise this right within seven (7) calendar days after the Settlement Administrator notifies the Parties of the number of Exclusion Letters received, which the Settlement Administrator must do within two (2) calendar days after the Objection/Exclusion Deadline. 69. In order to object to the Settlement, a California Class Member must file his or her objection with the Court no later than the Objection/Exclusion Deadline, or seven (7) days after the re- mailing of the Notice Packet to that Class Member, whichever is later. 70. California FLSA Class Members must mail or deliver a completed California FLSA Opt In Form, as applicable, to the Settlement Administrator by the Opt In Deadline, or seven (7) days after the re-mailing of the Notice Packet to that Class Member, whichever is later. The timeliness of submitted California FLSA Opt In Forms will be determined by valid postmark. In the event that the postmark is illegible or missing, the California FLSA Opt In Form shall be deemed timely if it is received within five (5) days after the Opt In Deadline. 71. Defendant will provide the Settlement Administrator with sufficient funds to make all payments due to Plaintiff, Class Counsel, the LWDA, the Settlement Administrator, and the Claimants, plus any owed Payroll Taxes as soon as practicable, but no later than three (3) business days after the Payment Obligation and Class Release Date. 72. The Settlement Administrator will mail or wire all required payments no later than fourteen (14) calendar days after the Payment Obligation and Class Release Date. If a Claimant’s check is returned to the Settlement Administrator, the Settlement Administrator will make all reasonable efforts to re-mail it to the Claimant at his or her correct address. It is expressly understood and agreed that the checks for the Individual Settlement Payments will become void and no longer available if not cashed within one hundred eighty days (180) days after mailing. Any funds from uncashed checks for Claimants shall escheat to the California Industrial Relations Unclaimed Wages Fund. Upon completion of administration of the Settlement, the Settlement Administrator shall provide written certification of such completion to the Court, Class Counsel and Defendant’s Counsel. 73. No person shall have any claim against Defendant, Defendant’s Counsel, Plaintiff, the Class, Class Counsel or the Settlement Administrator based on mailings, distributions and payments made in accordance with this Stipulation of Settlement.