NOTICE AND CLAIMS ADMINISTRATION Sample Clauses
The "Notice and Claims Administration" clause outlines the procedures and requirements for providing formal notifications and managing claims between parties under an agreement. Typically, it specifies how notices must be delivered (such as by mail or email), the information that must be included in a claim, and the timelines for submitting and responding to claims. This clause ensures that both parties have a clear, standardized process for communication and dispute resolution, reducing misunderstandings and helping to efficiently address any issues that arise during the course of the contract.
NOTICE AND CLAIMS ADMINISTRATION. A. The Settlement shall be administered by a Class Administrator to be selected jointly by Class Counsel and ▇▇▇▇▇▇▇▇.
▇. ▇▇▇▇▇▇▇▇ agrees to pay the Class Administrator all reasonable class settlement administration costs estimated to be $25,000.00 (“the Claims Administration Amount”). If the Settlement for any reason does not become effective, then the Class Administrator shall refund to ▇▇▇▇▇▇▇▇ the entire unexpended portion of the Class Administration Amount after provision for payment of unpaid fees and costs.
C. Within 15 days of the date hereof, ▇▇▇▇▇▇▇▇ shall identify and provide the names and addresses of persons qualifying as Settlement Class Members to the Class Administrator. As part of submitting the motion for preliminary approval, ▇▇▇▇▇▇▇▇ shall make an affidavit explaining how the list is composed and created. The Class Administrator will make reasonable efforts to locate Settlement Class Members whose notices are returned as undeliverable.
D. Within 30 days of the Court’s preliminary approval of the class action settlement, the Class Administrator shall send notice by first class mail to Settlement Class Members by U.S. Mail (the “Notice Date”). To the extent the notice is returned as undeliverable, the Class Administrator will make a good faith attempt to locate Settlement Class Members through the National Change of Address database.
E. The Parties will obtain Court approval of the form and content of the Notice and claim form. If an agreement cannot be reached on the form and content of the Class Notice, the Court will ultimately decide on the form and content of such notice.
F. Within 60 days after the Notice Date, settlement class members must submit a claim form.
G. The Dispute Resolution Committee shall resolve any and all disputes regarding claims. Decisions of the Dispute Resolution Committee regarding the validity of any such claim shall be unanimous. Should the members of the Dispute Resolution Committee not agree, the Court shall resolve the dispute. When all of the claims have been validated or rejected (as the case may be) by the Dispute Resolution Committee, the Dispute Resolution Committee shall so notify the Claims Administrator (the “Final Certification Notice”).
▇. ▇▇▇▇▇▇▇▇ and counsel for ▇▇▇▇▇▇▇▇ shall have no liability whatsoever, arising from or in any way related to, the administration of the Settlement, including, but not limited to, the investment, allocation or distribution of the Settlement Payment, the determina...
NOTICE AND CLAIMS ADMINISTRATION. The Parties shall jointly agree on a notice (or notices) to the Class and the means of publication of the notice (or notices) as well as the process for administering Settlement Payments, all subject to the Federal Court’s approval.
NOTICE AND CLAIMS ADMINISTRATION. 28 The Notice Plan provides notice to class members directly. The Court reaffirms the finding it made in the order granting preliminary approval that the notice plan provided the best practicable notice to the members of the class and satisfied the requirements of due process. The Court also finds, based on the evidence described above, that the notice plan reached at least [percent]% of the settlement class members an estimated average of [number] times each. (Dkt. .) This notice comports with due process. See, e.g., ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Ltd., No. CV115935PSGAGRX, 2013 U.S. Dist. LEXIS 202269, at *3 (C.D. Cal. May 7, 2013) (approving a notice plan reaching 77%); In re: Whirlpool Corp. Front–Loading Washer Prod. Liab. Litig., No. 1:08-WP-65000, 2016 U.S. Dist. LEXIS 130467, at *9 (N.D. Ohio Sept. 23, 2016) (approving notice plan reaching approximately 77.5 percent of Class Members).
NOTICE AND CLAIMS ADMINISTRATION. The Claims Administrator shall use the Notice Database to identify potential Settlement Class Members pursuant to Sections 5.01-5.03 above and to implement the notice and claims process set forth below.
NOTICE AND CLAIMS ADMINISTRATION. 19 4.1 The Settling Parties have selected ▇▇▇▇▇, subject to Court approval, to 20 serve as the Claims Administrator and be charged with delivering sufficient notice 21 (including direct Short Notice, Publication Notice, and Reminder Notice, if needed) 22 and administering the claims process. Defendant will pay the entirety of the 23 settlement administration fees, including the cost of initial Short Notice, Publication 24 Notice, and the Reminder Notice. The original direct Short Notice to Settlement Class 25 Members will be in the form of a postcard notice with a tear-off Claim Form.
26 4.2 After the Court enters an order finally approving the Settlement, the 27 Claims Administrator shall provide the requested relief to all Settlement Class 28
1 Members that made a valid and timely claim, subject to the individual caps on 2 Settlement Class Member payments set forth in ¶ 2 above.
NOTICE AND CLAIMS ADMINISTRATION. 21 The Notice Plain provides notice to class members by publication, rather than directly, but 22 this is appropriate here where the evidence is undisputed that the parties do not know the names 23 or contact information for class members, as the purchases were made at retail and Defendant is a 24 wholesaler. Under these circumstances, individualized notice was not required or reasonably 25 practicable. See, e.g., Briseno v. ConAgra Foods, Inc., 844 F.3d 1121, 1129 (9th Cir. 2017) 26 (recognizing that Rule 23 “does not insist on actual notice to all class members;” and “courts have 27 routinely held that notice by publication in a periodical, on a website, or even at an appropriate 28 physical location is sufficient to satisfy due process”); In re Toys R Us-Delaware, Inc. FACTA 1 Litigation, ▇▇▇ ▇.▇.▇. ▇▇▇, ▇▇▇ (▇.▇. Cal. 2014) (“When the court certifies a nationwide class of 2 persons whose addresses are unknown, notice by publication is reasonable.”). The Court reaffirms 3 the finding it made in the order granting preliminary approval that the published notice plan 4 provided the best practicable notice to the members of the class and satisfied the requirements of 5 due process. The Court also finds, based on the evidence described above, that the notice plan
NOTICE AND CLAIMS ADMINISTRATION. 20 4.1 The Settling Parties selected CPT Group to be the Claims Administrator, 21 who will be charged with delivering sufficient notice (including direct notice) and 22 administering the claims process. The Claims Administrator shall, from the 23 Settlement Fund, pay the entirety of the Costs of Claims Administration, including 24 the cost of notice, subject to approval by Class Counsel.
25 4.2 After the Court enters an order finally approving the Settlement, the 26 Claims Administrator shall provide the requested relief to all Settlement Class 27 Members that made valid and timely claims, subject to the individual caps on 28 Settlement Class Member payments set forth in ¶ 2 above.
NOTICE AND CLAIMS ADMINISTRATION. As described in Section 3, Trinity Industries, Inc. agrees to pay the reasonable costs of notice to the Class Members and claims administration. However, Defendants’ obligation to pay the cost of notice and claims administration is capped at $175,000 (USD). Notwithstanding the foregoing, to the extent Defendants challenge the Settlement Administrator’s decision to approve a Class Member’s claim, Trinity Industries, Inc. will separately be responsible for the administrative costs associated with the challenge, which the Settlement Administrator will separately track and bill to Trinity Industries, Inc. Administrative costs incurred by the Settlement Administrator related to any challenge by Defendants will not count toward the $175,000 notice and administration cap.
NOTICE AND CLAIMS ADMINISTRATION. Class Counsel agree to provide, and shall bear the expense of providing, all notices required by this Settlement Agreement, including the cost of printing, copying, and mailing the Notice of Proposed Settlement of Class Action and Proof of Claim form, as well as publication of a short form notice of the proposed settlement as set forth in Section III.4. herein, in addition to any other such notice as the Court may require. Class Counsel shall have the right and option to mail notices at their expense, or to engage a private vendor to conduct such mailing or otherwise deliver said notices. Class Counsel may include these expenses in their request for reimbursement of expenses from the Gross Settlement Proceeds.
NOTICE AND CLAIMS ADMINISTRATION