Common use of Notice Plan Clause in Contracts

Notice Plan. 10.1. In connection with a motion seeking a Preliminary Approval Order, Class Counsel shall present the Notice Plan to the Court for approval, which shall describe in detail the process for implementing and executing a plan to notify Settlement Class Members of, among other things, (i) the Settlement, (ii) the availability and process for claiming benefits under the Consumer Settlement Benefits Plan, and (iii) the procedure for Settlement Class Members to object to the Settlement and request exclusion from the Settlement. 10.2. The Settlement Administrator shall be responsible for implementing and executing the Notice Plan. Within thirty (30) days after the Court’s entry of a Preliminary Approval Order, T-Mobile shall provide to the Settlement Administrator a Class List, which shall include Settlement Class Members’ full names, current addresses, T-Mobile cell phone number, and email addresses (to the extent available) as reflected in T-Mobile’s records. T-Mobile shall also provide the Settlement Administrator a list of those individuals who have either (1) filed or served a written arbitration demand or petition against T-Mobile relating to the Data Breach, or (2) provided written notice to T-Mobile of their intent to pursue arbitration against T-Mobile relating the Data Breach with a description of claims to the address provided in T-Mobile’s Terms and Conditions or to T-Mobile’s Counsel and are therefore not Settlement Class Members. 10.3. Should the Settlement be terminated for any of the reasons identified in Sections 7.2 or 7.3, the Settlement Class Representatives, the Settlement Administrator, and Class Counsel shall immediately destroy any and all copies of the Class List described in Section 10.2. 10.4. As specified in Section 3.2, all Notice Costs incurred by the Settlement Administrator or otherwise relating to the Notice Plan shall be paid from the Settlement Fund. To the extent T-Mobile breaches its obligation to provide the Class List as set forth in Section 10.2, T-Mobile will be responsible any additional Notice Costs directly attributable to the breach.