Common use of Notice to Settlement Class Members Clause in Contracts

Notice to Settlement Class Members. 53. Subject to Court approval, the Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 54. Wawa represents that neither it nor its agents have information sufficient to identify and provide mail or email notice to Settlement Class Members. 55. As part of the Notice Program, the following events shall occur on or before the Notice Issuance Date: a. Long Form Notice as set forth in Exhibit “B,” as approved or modified by the Court, will be posted on the Settlement Website. The Long Form Notice shall contain links to the Claim Forms and other information about how Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents on the Settlement Website. Wawa will also post a link to the Settlement Website on its website during the claims process period. b. Wawa will post signs announcing the Settlement at all Wawa store locations, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes. c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing Settlement Class Members to the Settlement Website, complete with a link to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as approved or modified by the Court (the “Press Release”).

Appears in 4 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Notice to Settlement Class Members. 531. Subject to Within seven (7) days after the entry of the order by the Court approvalpreliminarily approving this Settlement and the Notice and Claim Form, the Parties agree that the following Notice Program provides reasonable notice to Defendants will provide the Settlement Class. 54. Wawa represents that neither it nor its agents have information sufficient to identify Administrator and provide mail or email notice to Class Counsel with last known addresses and phone numbers for the Settlement Class Members, if not already provided. 552. As part Within fifteen (15) days after the entry of an order by the Court giving preliminary approval of this Settlement and the Notice and Claim Form, Class Counsel will mail the attached Notice of Class Action Settlement and Claim Form (attached hereto as Exhibit D) to each of the Settlement Class Members. The Notice Programof Class Action Settlement describes this litigation, the following events shall occur on or before settlement terms, the Notice Issuance Date: a. Long Form Notice as set forth in Exhibit “B,” as approved or modified attorneys’ fees and costs requested by Class Counsel, how to file a Claim, the procedure for a Settlement Class Member to object to the proposed settlement and/or attend the fairness hearing scheduled by the Court, and the procedure to request exclusion from the Settlement. Among other things, the Notice will provide that a Settlement Class Member can only exclude himself or herself from this Settlement if he or she requests to be posted on excluded in writing and postmarks this written request before the Claims Period (as defined below) expires. Moreover, the Notice will provide that objections will only be considered by the Court if they are set forth in writing and postmarked before the Claims Period expires. Class Counsel will file a Notice with the Court within five (5) business days after completion of the mailing. 3. Defendants will post the Publication Notice (Exhibit E) at the City’s Municipal Court and the City’s Jail for the duration of the Claims Period. Plaintiffs will run the Publication Notice in the Alexander City Outlook every two weeks, for a total of 6 days, during the Claims Period. 4. If, after the initial mailing, any Class Notices are returned as undeliverable, the Parties will make reasonable efforts to attempt to locate the relevant Settlement Class Members. At a minimum, Defendants will provide any potential addresses within their records and, if no such address exists or if the Settlement WebsiteClass Member is still unable to be located, Class Counsel will use a national locator database and make other reasonable efforts to determine additional contact information. The Long In the event a new address is located, Class Counsel will ensure another Class Notice and Claim Form Notice shall contain links is mailed to the Claim Forms new address. 5. Class Counsel will make reasonable efforts to contact all Settlement Class Members, explain the benefits of the Settlement, and other information about how encourage their participation in the settlement process. Class Counsel will document all efforts to locate Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents on the Settlement Website. Wawa will also post a link to the Settlement Website on its website during produce an affidavit detailing these efforts and status of the claims process period. b. Wawa will post signs announcing the Settlement at all Wawa store locations, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to Court upon request by Defendants or the Claim Forms, when scanned using a smartphone or other device that recognizes QR codesCourt. c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing Settlement Class Members to the Settlement Website, complete with a link to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as approved or modified by the Court (the “Press Release”).

Appears in 3 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

Notice to Settlement Class Members. 53(A) Within ten (10) days of the Court’s issuance of a Preliminary Approval Order, Defendant will provide to the Settlement Administrator, in electronic form, the Class List. Subject The Class List shall include, for each Settlement Class Member, the following information: name, work state, Social Security Number, last known address, last known telephone number, and the number of times the Settlement Class Member took non-primary caregiver leave during the applicable Settlement Class Period or State Settlement Class Period, as that information exists on file with Defendant (“Class List”). Defendant will supply the number of times Settlement Class Members took non-primary caregiver leave by listing the settlement Class Members multiple times on the Class List, e.g., one time for each period of leave taken. Additionally, the Class List may include employees who did not take the full amount of available non-primary caregiver leave. Notwithstanding their appearance on the Class List, such employees shall not be considered Settlement Class Members and shall not be entitled to a Settlement Award. Defendant shall provide the foregoing information and the information provided by Defendant shall comprise the Class List. (B) The Class List will be held in the strictest confidence by the Settlement Administrator. To the extent the Class List, or any components thereof, is made available to the Parties and their counsel pursuant to this Agreement, all Parties and their counsel also shall hold the Class List and components thereof in the strictest confidence. Defendant and the Settlement Administrator shall not supply Class Counsel with the Class List except that the Settlement Administrator may supply Class Counsel with such access only to the extent necessary to effectuate this Agreement, and only to the extent necessary to ensure their effective representation of Settlement Class Members. (Such information includes but is not limited to, for each Settlement Class Member who submits a Claim Form, the person’s name, address, telephone number and email address, as well as a copy of the Settlement Class Member’s Claim Form if in the Administrator’s judgment Class Counsel requires such information to effectively represent Settlement Class Members). The Settlement Administrator will upon request certify to Class Counsel that Defendant has provided it with the Class List. If a Settlement Class Member contacts Class Counsel during the notice period, Class Counsel may ask the Settlement Administrator to verify that the person is, in fact, on the Class List. (C) Within fifteen (15) days of the Court’s issuance of the Preliminary Approval Order, the Settlement Administrator will send to all Potential Settlement Class Members the Court-approved Notice and Claim Form and First Class United States Mail, postage prepaid. (D) For any Settlement Class Members for whom a Notice is returned by the post office as undeliverable, the Settlement Administrator shall attempt to secure a correct address using “skip tracing” and/or similar method, and an additional Notice will be sent to the Settlement Class Member at the new address. The Settlement Administrator will notify Class Counsel and Defendant’s Counsel of any Notice sent to a Settlement Class Member that is returned as undeliverable after the first mailing, as well as any such Notice returned as undeliverable after any subsequent mailing(s). In addition, for any Settlement Class Members for whom a Notice is returned by the post office as undeliverable, the Settlement Administrator will request and Defendant shall provide to the Settlement Administrator within seven (7) days the personal e- mail address(es) for such individuals (if such e-mail address(es) are reasonably available to Defendant), and the Settlement Administrator will then e-mail such Settlement Class Members the Notice. (E) Thirty (30) days after the initial mailing of the Notice and Claim Form to Settlement Class Members, the Settlement Administrator will send, to the extent the information is available, by First Class United States Mail to Settlement Class Members who have not returned a valid Claim Form, a reminder postcard substantially in the form attached as Exhibit E. (F) In the event that the number of claims filed by Class Members within thirty (30) days after the initial mailing of the notice is fewer than 300, the parties shall meet and confer to discuss whether it is appropriate to provide additional notice, or extend the deadline for claims to be submitted, and/or seek assistance from the Court. If the parties agree on additional steps to be taken to increase Class Members’ participation in the claims process, they shall work with the Settlement Administrator to take steps that are authorized by the Settlement Agreement and/or seek authority from the Court approvalto implement such steps. (G) Class Counsel may respond to inquiries that they receive from Settlement Class Members. However, under no circumstances may Class Counsel directly contact Settlement Class Members unsolicited or otherwise induce Settlement Class Members to contact Class Counsel, except that Class Counsel may contact and communicate with the Named Plaintiff and may display the settlement Notice and Claim Form on their web sites. (H) The Settlement Administrator shall keep accurate records of the dates on which it sends Notices to Settlement Class Members. (I) In addition to sending the Notice and Claim Form as described in this Section 2.5, the Parties agree that the following Settlement Administrator will create a static website – xxx.XXXXXxxxxxxxXxxxxXxxxxxxxxx.xxx – with PDF versions of the Notice Program provides reasonable notice to and Claim Form, in the Settlement Classbasic formats set forth in Exhibits A and D. The website shall remain posted until the expiration of the Acceptance Period. 54. Wawa represents that neither it nor its agents have information sufficient (J) The Settlement Administrator shall establish and maintain a toll-free number to identify and provide mail or email notice to answer questions from Settlement Class Members. 55. As part of the Notice Program, the following events shall occur on or before the Notice Issuance Date: a. Long Form Notice as set forth in Exhibit “B,” as approved or modified by the Court, will be posted on the Settlement Website. The Long Form Notice shall contain links Settlement Administrator will not make any affirmative efforts to the Claim Forms and other information about how Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents on the Settlement Website. Wawa will also post a link to the Settlement Website on its website during the claims process period. b. Wawa will post signs announcing the Settlement at all Wawa store locations, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes. c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing solicit Settlement Class Members to the file claims. The Settlement Website, complete Administrator will refer any Settlement Class Members with a link questions as to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as approved or modified by the Court (the “Press Release”)claims process to Class Counsel.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Notice to Settlement Class Members. 53. Subject to Court approval, the 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 54. Wawa represents that neither it nor its agents have information sufficient 5.2 Notice shall be provided to identify and provide Settlement Class Members via: (1) direct notice via mail or email; and (2) notice on the Settlement Website. 5.3 Within ten (10) Days of the entry of the Preliminary Approval Order, U-Haul shall provide the Settlement Administrator with the names and physical or electronic mailing addresses of the Settlement Class Members whose mailing addresses are known to U-Haul. The Settlement Administrator shall, by using the National Change of Address (“NCOA”) database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses. 5.4 Within thirty (30) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in Exhibit A to all Settlement Class Members whose email notice and/or mailing addresses are known to U-Haul. 5.5 If any Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail the Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Where the undeliverable Notice is returned without a forwarding address, the Settlement Administrator shall make reasonable efforts to ascertain the correct address of the Settlement Class Member whose Notice was returned undeliverable and remail the Notice. Other than as set forth in the preceding sentence, neither the Parties nor the Settlement Administrator shall have any obligation to remail a Notice to a Settlement Class Member. 5.6 The Notice mailed to Settlement Class Members will consist of a Short Form Notice in a form substantially similar to that attached hereto as Exhibit A. The Settlement Administrator shall have the discretion to format the Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are sent, Class Counsel and U-Haul Counsel shall first be provided with a proof copy (reflecting what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and any orders of the Court. 5.7 No later than thirty (30) Days following entry of the Preliminary Approval Order and engagement of a Settlement Administrator, and prior to the mailing of the Notice to Settlement Class Members, the Settlement Administrator will create a dedicated Settlement Website. The Settlement Administrator shall cause the Complaint, the Short Form Notice, the Long Form Notice (substantially similar to that attached hereto as Exhibit B), and the Claim Form (in a form substantially similar to that attached hereto as Exhibit C), as approved by the Court, as well as this Settlement Agreement, to be made available to Settlement Class Members via the Settlement Website through the use of log-in credentials. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Class Counsel and/or Plaintiffs’ Counsel and U-Haul Counsel, which approval shall not be unreasonably withheld. The Settlement Website address and the fact that the Long Form Notice and a Claim Form are available through the Settlement Website shall be included in the Notice sent to Settlement Class Members. 55. As part of 5.8 The Settlement Website shall be maintained and updated until ninety (90) Days after the Effective Date. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator via U.S. mail or submitted through the Settlement Website by the Claim Deadline set by the Court or be forever barred. 5.10 Before the Final Approval Hearing, the Settlement Administrator shall provide to Class Counsel and U-Haul Counsel an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program, to be filed with the following events Court concurrently with the motion for Final Approval of the Settlement. 5.11 The Settlement Fund shall occur on or before be used to pay the Notice Issuance Date: a. Long Form Notice as set forth in Exhibit “B,” as approved or modified by entirety of the Court, will be posted on Costs of Settlement Administration and the Settlement Website. The Long Form Notice shall contain links to the Claim Forms and other information about how Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents on the Settlement Website. Wawa will also post a link costs of providing notice to the Settlement Website on its website during Class in accordance with the claims process periodPreliminary Approval Order. b. Wawa will post signs announcing the Settlement at all Wawa store locations, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes. c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing Settlement Class Members to the Settlement Website, complete with a link to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as approved or modified by the Court (the “Press Release”).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Notice to Settlement Class Members. 5347. Subject Class Counsel computed a preliminary allocation of settlement amounts, which Defendant has reviewed and adopted as its settlement offers to Court approvalthe Settlement Class Members, and which will be included in the court-approved settlement notices with each individual’s specific allocation. 48. The Parties agree that three different settlement notices are necessary in this case, which are attached as exhibits: one notice for distribution to members of the following FLSA Collective (Exhibit 1, the “FLSA Notice”), a second notice for distribution to members of the Rule 23 State Law Settlement Classes (Exhibit 2, the “Rule 23 Notice”), a third hybrid notice for distribution to members of the FLSA Collective who are also members of one of the Rule 23 State Law Settlement Classes (Exhibit 3, the “Hybrid Notice”). 49. The FLSA Notice Program provides reasonable notice shall inform each member of the FLSA Collective of the ninety (90) day period (“Notice Response Deadline”) to reject in writing his/her individual settlement offer and request a withdrawal of their opt-in consent form. Any Opt-in Plaintiffs who timely reject their individual settlement offers and request a withdrawal of their opt-in consent forms will be dismissed without prejudice and he/she shall have thirty (30) days within which to file a subsequent action in order to preserve consent-based tolling. Failure to re-file his/her claim within this timeline will result in his/her forfeiture of consent-based tolling, but not his/her claim. 50. The Rule 23 Notice shall inform each Member of the Rule 23 State Law Settlement Classes of the Notice Response Deadline and his/her option to do nothing to accept the offer, or to opt out of the Rule 23 State Law Settlement Classes. Members of the Rule 23 State Law Settlement Classes who wish to be excluded from the settlement must complete and sign a written request for exclusion in a form described in the Rule 23 Notice and deliver that request to Class Counsel no later than the Notice Response Deadline (“Rule Opt-Outs”). Rule 23 Opt-Outs shall receive no settlement benefits under this Settlement Agreement, shall not be considered Participating Settlement Class Members, and shall not be bound by any release set forth in this Agreement. 51. The Hybrid Notice shall inform each member of the FLSA Collective who is also a member of one of the Rule 23 State Law Settlement Classes of their options, consistent with both the FLSA Notice and the Rule 23 Notice described above. 52. Any Participating Settlement Class Member who wishes to object to the settlement must file a written objection with the Court, with copies to Class Counsel and counsel for Defendant. All objections must be post-marked by no later than the Notice Response Deadline. Both parties agree not to solicit objectors or encourage objections to the Settlement. 53. Within seven (7) days of the Court granting preliminary settlement approval, Defendant shall provide the settlement administrator and Class Counsel with a list of the last known mailing and personal email addresses of each Settlement ClassClass Member. 54. Wawa represents Within twenty-one (21) days of the Court granting preliminary approval, the settlement administrator will send each Participating Class Member their respective court- approved notice of settlement, by U.S. mail to their last known address, and by email to their last known personal email address. Each Participating Class Member’s last known address shall be determined by the settlement administrator upon reviewing the data provided by Defendant and updating the listed addresses through the use of available address databases and services. Defendant and Class Counsel shall cooperate with any reasonable request by the settlement administrator for information related to these addresses. 55. Neither Defendant nor Class Counsel will discourage Settlement Class Members from participating in this settlement or encourage them to object to, reject, or opt-out of the settlement. The Parties will cooperate to ensure that neither it nor its agents have information sufficient Notice is promptly provided to identify and provide mail or email notice to all Settlement Class Members. 5556. As part Defendant agrees that should any Settlement Class Member contact it, or its counsel, about the action or the proposed settlement, Defendant will not respond but instead direct that such inquiries be addressed to the settlement administrator, whose contact information will be provided in the Class Notice. 57. Defendant shall have the right to withdraw from the settlement by providing written notice of such election to Plaintiffs’ counsel within seven (7) days of the Notice Program, Response Deadline if the following events shall occur on or before the Notice Issuance Date: a. Long Form Notice as set forth in Exhibit “B,” as approved or modified by the Court, will be posted on the Settlement Website. The Long Form Notice shall contain links to the Claim Forms and other information about how number of Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents on the Settlement Website. Wawa will also post a link to the Settlement Website on its website during the claims process periodwho reject their settlement offer or exclude themselves under Rule 23 exceeds 50 individuals. b. Wawa will post signs announcing the Settlement at all Wawa store locations, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes. c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing Settlement Class Members to the Settlement Website, complete with a link to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as approved or modified by the Court (the “Press Release”).

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5346. Subject to Court approval, the The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5447. Wawa represents that neither it nor its agents have information sufficient to identify and provide mail or email notice Direct Notice shall be provided to Settlement Class MembersMembers by First Class U.S. Mail for Settlement Class Members for whom the Settlement Administrator has a valid address. Additional Notice may be provided via publication as described in Paragraph 33, to the extent such notice is deemed appropriate by the Settlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances. 5548. As part Within seven (7) Days of the entry of the Preliminary Approval Order, LSSI shall provide the Settlement Administrator with the names and last-known addresses known to LSSI for the Settlement Class Members (the “Class List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses. 49. Within thirty (30) Days following entry of the Preliminary Approval Order (“Notice ProgramDate”), the following events Settlement Administrator shall occur mail the Postcard Notice to all Settlement Class Members by first class United States mail. It has been mutually agreed by the Parties that the Settlement Administrator may rely upon Postcard Notice. 50. If any Postcard Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on or before the Notice Issuance Date: a. Long Form Notice face of the returned mail. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any other obligation to re-mail Notices. 51. The mailed notice will consist of the Postcard Notice, substantially in the form of Exhibit “B,” as approved or modified by C. The Settlement Administrator shall have discretion to format this Postcard Notice and SSN Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice is commenced, Class Counsel and LSSI’s Counsel shall first be provided with a proof copy (including what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and the Court’s orders. 52. No later than twenty-one (21) Days following entry of the Preliminary Approval Order, the Settlement Administrator shall effectuate any publication notice made pursuant to Paragraph 33. 53. No later than twenty-one (21) Days following entry of the Preliminary Approval Order, and prior to the mailing of the Postcard Notice, the Settlement Administrator will create a dedicated Settlement Website. The Settlement Administrator shall cause the CAC, Postcard Notice, Long-Form Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to be posted available on the Settlement Website. The Long Form Notice shall contain links Any other content proposed to the Claim Forms and other information about how Settlement Class Members can submit claims. In addition to being linked in the Long Form Notice, the Claim Form and all Settlement documents will additionally be posted as standalone documents included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties, which approval shall not be unreasonably withheld. The website address and the fact that a more detailed Long-Form Notice and a Claim Form are available through the website shall be included in the Postcard Notice. 54. Claimants shall be able to submit their claims via the Settlement Website. 55. Wawa will also post a link The Settlement Website shall be maintained from the Notice Date until sixty (60) Days after the Claims Deadline has passed 56. Claim Forms shall be returned or submitted to the Settlement Website on its website during Administrator online or via U.S. mail, postmarked by the claims process period. b. Wawa will post signs announcing Claims Deadline set by the Settlement at all Wawa store locationsCourt, both in-store (at or near the Point of Sale payment card machines) and at or near the payment card equipment on all fuel dispensers, for a period of four consecutive weeks. The content and layout of the signs shall be as attached in Exhibit “C” (the “Store Notice”). The Store Notice will include a QR or other code that can be scanned and will direct customers to the Settlement Website and Long Form Notice, which will contain hyperlinks to the Claim Forms, when scanned using a smartphone or other device that recognizes QR codes. c. Wawa will issue a press release, to, at minimum, reach the geographic region of all states in which Wawa has locations, at its expense, on behalf of Wawa, the Plaintiffs and the Settlement Administrator, announcing the Settlement and directing Settlement Class Members to the Settlement Website, complete with a link to the Settlement Website. The content of the press release will be as set forth in Exhibit “D,” as forever barred unless such claim is otherwise approved or modified by the Court (at the “Press Release”)Final Approval Hearing, for good cause shown as demonstrated by the applicable Settlement Class Member.

Appears in 1 contract

Samples: Settlement Agreement

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