Common use of Notice to Settlement Class Members Clause in Contracts

Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via (1) direct notice; and (2) notice on the Settlement Website. 5.3 Within seven (7) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to Preferred Home. 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 seventy-five (75) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to all Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mail. 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 for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. The Settlement Administrator shall have discretion to format this Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home 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 Settlement Agreement, the Complaint, the Short Form Notice, the Long Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as Exhibit B), as approved by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlement, to be made available on the Settlement Website. The website address and the fact that the Long Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

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Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via (1) direct notice; and (2) notice on the Settlement Website. 5.3 Within seven (7) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home Mercy shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to Preferred HomeMercy. 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 seventy-five thirty (7530) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, Exhibit A to all Settlement Class Members whose addresses are known to Preferred Home Mercy by First Class U.S.P.S. U.S. Mail. 5.5 If any Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail re-mail 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 re-mail a Notice to a Settlement Class Member. 5.6 The Notice mailed to Settlement Class Members will consist of a Short Short-Form Notice for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. Exhibit A. The Settlement Administrator shall have discretion to format this Short Short-Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home Mercy 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 Settlement AgreementPetition, the Complaint, the Short Short-Form Notice, the Long Long-Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as of Exhibit BB hereto), and Claim Form (Exhibit C), as approved by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlementwell as this Settlement Agreement, to be made available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Settlement Class Counsel and Mercy Counsel, which approval shall not be unreasonably withheld. The website address and the fact that the Long Long-Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator via U.S. Mail or submitted through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Mercy Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-Court- approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that 58. Within fourteen (14) calendar days of Preliminary Approval, Chase will provide the Administrator with the following information for each Settlement Class Member, which is provided solely for the purpose of providing Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via and allowing them to recover under this Settlement and shall be kept strictly confidential between the Administrator and Chase: a. Name; b. Last known e-mail address (1) direct noticeif available); c. Last known mailing address; and (2) notice on the Settlement Website.and 5.3 Within seven (7) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home shall provide the Settlement Administrator with the names and mailing addresses of d. The amount that the Settlement Class Members whose mailing addresses are known Member incurred in Cash Advance Fees with respect to Preferred HomeCryptocurrency Transactions (net of reversed fees). The Administrator shall use the data provided by Chase to make the calculations required by Section V of this Agreement, and the Administrator shall share the calculations with Class Counsel. The Administrator shall use this information solely for the purpose of administering the Settlement. Should a Settlement Class Member raise a dispute with the Administrator, the Administrator shallmay provide Class Counsel with the information identified in (a) and (d) above, by using along with information regarding the National Change nature of Address the dispute. 59. Within forty (“NCOA”40) database maintained calendar days of Preliminary Approval, or by the United States Postal Service (“Postal Service”), obtain updates, if any, to time specified by the mailing addresses. 5.4 Within seventy-five (75) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”)Court, the Settlement Administrator shall send the Class Notices through the Notice Program described below, or in forms substantially similar to those attached hereto such other form as Exhibits A-1 and A-2, respectively, as is approved by the Court. a. The Administrator shall send the Email Notice, attached hereto as Exhibit A, to all Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mailfor whom Chase has provided the Administrator with an email address. 5.5 If any Notice is returned by the Postal Service as undeliverable, the Settlement b. The Administrator shall remail send 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 for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. The Settlement Administrator shall have discretion to format this Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home 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 Settlement Agreement, the Complaint, the Short Form Postcard Notice, the Long Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as Exhibit B), as approved to all Settlement Class Members for whom Chase has not provided an email address and to all Settlement Class Members to whom the Administrator sent Exhibit A via email but for whom the Administrator receives notice of an undeliverable email. Exhibit B shall be mailed after the Administrator cross-references and updates mailing addresses provided by Chase with the CourtNational Change of Address Database, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlementother commercially reasonable means, to be made available on the Settlement Website. The website obtain any updated address and the fact that the Long Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to information for Settlement Class Members. 5.8 c. The Settlement Website Administrator shall be maintained also maintain a website containing the Complaint, the Long-Form Notice attached hereto as Exhibit C, and updated any motions or orders relating to Preliminary Approval or Final Approval, which shall remain operational until at least thirty (30) Days calendar days after Final Approval. The Administrator shall send the Claim Deadline has passedLong-Form Notice by mail or email to any Settlement Class Member who requests a copy. 5.9 Claim Forms 60. Class Notices provided under the Notice Program shall not bear or include any Chase logo or trademarks or Chase’s return address, or otherwise be styled to appear to originate from Chase. 61. The Notice Program shall be returned or submitted to the Settlement Administrator through the Settlement Website or via U.S. Mail completed by the Claim Deadline set by Notice Deadline. Within seven (7) calendar days of the Court or be forever barred. 5.10 Prior to date the Final Approval HearingAdministrator completes the Notice Program, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Chase an affidavit confirming that the Notice Program was completed in a timely manner. Class Counsel to shall file that affidavit with the Court as an appropriate affidavit exhibit to, or declaration in conjunction with, Plaintiffs’ motion for a Final Approval Order. 62. All costs of the Notice Program shall be deducted from the Cash Settlement Administrator with respect Amount. 63. Further specific details of the Notice Program shall be subject to its compliance with the Court-approved Notice Programagreement of Class Counsel and Chase.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that Companies will mail, by first-class mail at their expense, the following Class Notice Program provides reasonable notice containing the language in Exhibit B. The Companies may format the Class Notice in such a way as to minimize the Settlement Class. 5.2 Notice shall be provided to cost of the mailing, so long as Settlement Class Members via can reasonably read it. The Class Notice will be sent to the current address of all original purchasers of the Class Vehicles for whom SOA can reasonably obtain a current address. The parties will work together to avoid unnecessary delay in providing Notice and unnecessary expenditures for mailing the Notice (1) direct notice; i.e., the notice may be included with other regular mailings by SOA or its affiliated entities). SOA will endeavor to have the time period for the mailing of class settlement notice be three months or less after the signing of the Preliminary Approval Order. The Companies will also pay for a "Short Form Notice" containing the language in Exhibit C to be published three times in USA Today during the three month notice period. The Companies will prepare and (2) notice on file with the Settlement Website. 5.3 Within Court at least seven (7) Days days before the Fairness Hearing a Declaration describing their dissemination of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to Preferred HomeNotice. The Settlement Administrator shall, by using Declaration shall include: (a) the National Change total number of Address (“NCOA”) database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses. 5.4 Within seventy-five (75) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to all Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mail. 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 for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. The Settlement Administrator shall have discretion to format this Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home 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, (b) a sample copy of the Settlement Administrator will create as-mailed Class Notice, (c) the process by which the Companies obtained a dedicated Settlement Website. The Settlement Administrator shall cause mailing list for the Settlement AgreementClass Notice, (d) the Complaintnumber of Class Notices mailed and the range of dates within which such Notices were mailed, (e) the number of Class Notices returned, (f) a sample copy of the published Short Form Notice, (g) the Long dates when the Short Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as Exhibit B), as approved by the Courtwas published, and (h) the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval estimated circulation of the Class Action Settlement, to be made available on USA Today editions in which the Settlement Website. The website address and the fact that the Long Short Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Memberswas published. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via (1) direct noticenotice by email, if available, or mail; and (2) publication notice on the Settlement Website; (3) Media Notice (see 5.6 herein). 5.3 Within seven ten (710) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home IGG shall provide the Settlement Administrator with the names names, physical mailing addresses, and mailing addresses email addresses, if any, of the Settlement Class Members whose mailing addresses are known Members, which information was either provided to Preferred HomeIGG by or for the Settlement Class Member (the “Class Member Information”). 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 physical mailing addresses. (a) The Class Member Information and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Except to administer the settlement as provided in this Settlement Agreement, or to provide all data and information in its possession to the Parties upon request, the Settlement Administrator shall not reproduce, copy, store, or distribute in any form, electronic or otherwise, the Class Member Information. 5.4 Within seventy-five thirty (7530) Days of the entry of the Preliminary Approval Order (the “Notice DeadlineCommencement Date”), the Settlement Administrator shall send the Notice by email and/or mail in forms the form substantially similar to those that attached hereto as Exhibits A-1 and A-2, respectivelyExhibit A, as approved by the Court, to the (a) To all Settlement Class Members whose addresses are known for whom IGG has an email address, via email to Preferred Home the email address provided to IGG either by First or for the Settlement Class U.S.P.S. Mail.Member; 5.5 (b) To all Settlement Class Members for whom IGG does not have an email address, via first-class mail, postage prepaid to the physical mailing address provided to IGG either by or for the Settlement Class Member; (c) If any Notice that has been emailed is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail attempt two (2) additional email executions, and, if unsuccessful, the Settlement Administrator will send the Notice by first-class U.S. mail, postage prepaid, to the physical mailing address provided to IGG either by or for the Settlement Class Member; (d) For any Notice that has been mailed via first-class U.S. mail, postage prepaid, and returned by the U.S. Postal Service (“U.S.P.S.”) as undeliverable, the Settlement Administrator shall re-mail the Notice to the forwarding address, if any, provided by the Postal Service U.S.P.S. on the face of the returned mail. Where the undeliverable Notice If no such forwarding address is returned without a forwarding addressprovided, the Settlement Administrator shall make reasonable efforts shall, if necessary, perform skip traces to ascertain attempt to obtain the correct address of the most recent addresses for Settlement Class Member whose Notice was returned undeliverable and remail the Notice. Other than as set forth in the preceding sentence, neither Members; (e) Neither the Parties nor the Settlement Administrator shall have any other obligation to remail a re-email or re-mail individual notices that have been emailed and/or mailed as provided in this ¶ 5.4; and (f) The date of the first mailing and/or emailing of the Notice to a Settlement Class Memberdescribed in this ¶ 5.4 shall be deemed the “Notice Commencement Date” for purposes of calculating the Claims Deadline, the Opt-Out Deadline, the Objection Deadline, and all other deadlines that flow from the Notice Commencement Date. 5.6 5.5 The Notice mailed or emailed to Settlement Class Members will consist of a customary short form notice (the “Short Form Notice Notice”) for the Settlement Class and a Short Form Notice for Classes in the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectivelyExhibit A, as approved by the XxXxxxxxxx Court. The . 5.6 Median Notice shall also be provided by the Settlement Administrator shall have discretion to format this Short Form as provided for in the “Notice Plan” laid out in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home 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.Exhibit F. 5.7 No later than thirty (30) Days following entry of the Preliminary Approval Order and engagement of a Settlement AdministratorOrder, 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 Settlement Agreement, the Complaintoperative Complaints in each Lawsuit, the Short Form Notice, a customary long form of notice (the Long Form Notice (Notice”) and Claim Form, both in a form forms substantially similar to the in the form attached to the Settlement Agreement those attached hereto as Exhibit B)Exhibits B and C, respectively, as approved by the XxXxxxxxxx Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion Settlement Class Counsel’s Request for attorneysAttorneysfeesFees, costsCosts, expenses Expenses, and Service Awards and Awards, Plaintiffs’ Motion for Final Approval of the Class Action Settlement, as well as other relevant filings, to be made available on the Settlement Website. The website Settlement Website address and the fact that the Long Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Unless otherwise indicated in this Settlement Agreement, Settlement Class Counsel and IGG Counsel shall agree on all information and documents to be posted on the Settlement Website. 5.9 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Claims Deadline has passed. 5.9 Claim Forms 5.10 A toll-free help line shall be returned or submitted made available to provide Settlement Class Members with additional information about the settlement and to respond to Settlement Class Members’ inquiries. The Settlement Administrator also will provide copies of the Short Form Notice, Long Form Notice, and paper Claim Form, as well as this Settlement Agreement, upon request, to Settlement Class Members. 5.11 The Short Form Notice, Long Form Notice, Claim Form, and other applicable communications to the Settlement Administrator through Classes may be adjusted by the Settlement Website or via U.S. Mail by Administrator in consultation and agreement with the Claim Deadline set by Parties, as may be reasonable and not inconsistent with the Court or be forever barredXxXxxxxxxx Court’s approval. 5.10 5.12 Prior to the Final Approval HearingHearing before the XxXxxxxxxx Court, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home IGG Counsel to file with the XxXxxxxxxx Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that A. Within thirty (30) days after Preliminary Approval of the following Notice Program provides reasonable notice Settlement as provided in Section VII above, Defendants shall provide to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via (1) direct notice; Administrator information and (2) notice on documents in their possession and readily obtainable that include the Settlement Website. 5.3 Within seven (7) Days name and last known address of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home shall provide the Settlement Administrator with the names and mailing addresses each potential member of the Settlement Class Members whose mailing addresses are known Classes that they have been able to Preferred Homeidentify, after conducting a reasonable search and making a reasonable inquiry of their records. 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 addressesAny spreadsheets or other electronic documents will be provided in their native or similar machine-parsable format. 5.4 B. Within seventyfifty-five (7555) Days days after Preliminary Approval of the entry of the Preliminary Approval Order (the “Notice Deadline”)Settlement, as provided in Section VII above, the Settlement Administrator shall will send a copy of the Individual Notice in forms substantially similar and a Claim Form by first-class mail to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to last known address of all putative members of the Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mail. 5.5 If Classes. For any Notice is Individual Notices returned by the Postal Service as undeliverable, the Settlement Administrator shall remail will utilize the Notice services of a commercial database resources entity (e.g., Accurint, TransUnion, IDI, etc.), and attempt to obtain current mailing addresses for such returned Individual Notice(s), and should the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Where the undeliverable Notice is returned without commercial database show a forwarding more current address, the Settlement Administrator shall make reasonable efforts re-send the returned Individual Notice to ascertain the correct address of the Settlement Class Member whose Notice was returned undeliverable and remail the Notice. Other than as set forth more current address; provided however, if a determination is made in the preceding sentence, neither the Parties nor good faith by the Settlement Administrator shall have that it is not possible to further update any obligation to remail a Notice to a particular Settlement Class Member’s address(es) in sufficient time to re-send the Individual Notice(s) at least forty-five (45) days before the scheduled Final Approval Hearing, then the Settlement Administrator need not make any further efforts to provide further Individual Notice to such Settlement Class Member(s). 5.6 C. The Individual Notice mailed will be approved as to Settlement Class Members will consist of a Short Form Notice for form and content by the Settlement Class Court and a Short Form Notice for be substantially in the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 Exhibit “2”, unless otherwise modified by agreement of the Parties and A-2, respectively, as approved by the Court. The mailing to the Settlement Administrator shall have discretion to format this Short Form Class Members that contains the Individual Notice will also include a copy of the Claim Form, in a reasonable manner format substantially similar to minimize mailing Exhibit “3”. D. The Individual Notice and administrative costs. Before Notices are mailed, Claim Form will also be made available to all potential Settlement Class Counsel and Preferred Home Counsel shall first be provided with a proof copy (reflecting what Members by request to 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 who shall send via first class U.S. mail any of the Notice to Settlement Class Members, the Settlement Administrator will create a dedicated Settlement Website. The Settlement Administrator shall cause the Settlement Agreement, the Complaint, the Short Form Notice, the Long Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto these documents as Exhibit B), as approved by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlement, to be made available on the Settlement Website. The website address and the fact that the Long Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Counsel to file with the Court an appropriate affidavit or declaration requested from the Settlement Administrator with respect by any potential Settlement Class Member. E. The Individual Notice and Claim Form and important deadlines will also be published on a website created by the Settlement Administrator relating to its compliance with the CourtLawsuit, or as the Court may direct, and further information and details will be available at a toll-approved Notice Programfree number.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via (1) direct notice; and (2) notice on the Settlement Website. 5.3 Within seven (7) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home New London Hospital shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to Preferred HomeNew London Hospital. 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 seventy-five thirty (7530) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, Exhibit A to all Settlement Class Members whose addresses are known to Preferred Home New London Hospital by First Class U.S.P.S. U.S. Mail. 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 Short-Form Notice for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. Exhibit A. The Settlement Administrator shall have discretion to format this Short Short-Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home New London Hospital 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 Settlement Agreement, the Complaint, the Short Short-Form Notice, the Long Long-Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as of Exhibit BB hereto), and Claim Form (Exhibit C), as approved by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlementwell as this Settlement Agreement, to be made available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Settlement Class Counsel and New London Hospital Counsel, which approval shall not be unreasonably withheld. The website address and the fact that the Long Long-Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator via U.S. Mail or submitted through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home New London Hospital Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

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Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via (1) direct notice; (2) publication; and (23) notice on the Settlement Website. 5.3 Within seven (7) Days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, Preferred Home Xxxxxx shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to Preferred HomeXxxxxx. 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 seventy-five thirty (7530) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, Exhibit A to all Settlement Class Members whose addresses are known to Preferred Home Xxxxxx by First Class U.S.P.S. MailU.S. Mail and Xxxxxx, at its expense, shall provide notice by publication pursuant to Mo.R.Civ.P. 52.08. 5.5 If any Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail re-mail the Notice to the forwarding address, if any, provided by the Postal Electronically Filed - Xxxxxxx - Kansas City - December 30, 2020 - 01:40 PM 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 re-mail a Notice to a Settlement Class Member. 5.6 The Notice mailed to Settlement Class Members will consist of a Short Short-Form Notice for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. Exhibit A. The Settlement Administrator shall have discretion to format this Short Short-Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home Xxxxxx 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 Settlement AgreementPetition, the Complaint, the Short Short-Form Notice, the Long Long-Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as of Exhibit BB hereto), and Claim Form (Exhibit C), as approved by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlementwell as this Settlement Agreement, to be made available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Settlement Class Counsel and Xxxxxx Counsel, which approval shall not be unreasonably withheld. The website address and the fact that the Long Long-Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed.. Electronically Filed - Xxxxxxx - Kansas City - December 30, 2020 - 01:40 PM 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator via U.S. Mail or submitted through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Xxxxxx Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-Court- approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that 8.1 If the following Notice Program provides reasonable notice to Court grants the Preliminary Approval Motion, the Settlement Class. 5.2 Notice Administrator shall be provided to Settlement Class Members via within twenty-one (121) direct notice; and (2) notice on the Settlement Website. 5.3 Within seven (7) Days days of the entry of the Preliminary Approval Order Order, perform a National Change of Address Registry search for each Class Member, mail to each Class Member the Class Settlement Notice (“Notice”) approved by the Court, and engagement of publish the Notice on a settlement website. To assist the Settlement Administrator, Preferred Home if requested, Midland shall provide the Settlement Administrator with the names and mailing addresses social security number of the Settlement each Class Members whose mailing addresses are known to Preferred HomeMember. 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 seventy-five (75) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to all Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mail. 5.5 If any Notice is Any Notices returned by the Postal Service as undeliverable, the Settlement Administrator but with a forwarding address, shall remail the Notice be promptly re-mailed to the forwarding address, if any, provided by . Such Notices shall be re- mailed upon discovery of a valid mailing address for 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 8.2 The Notice mailed to Settlement shall apprise the potential Class Members will consist of a Short Form Notice for his/her right to opt out of the Settlement Class, of his/her right to object to the Class and a Short Form Notice for Settlement, of the Settlement Subclass in a form substantially similar to fact that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. The Settlement Administrator shall have discretion to format this Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement any objections must be served on Class Counsel and Preferred Home Midland’s Counsel shall first and opt outs must be provided with a proof copy (reflecting what sent to the items will look like in their final form) Administrator and shall have the right to inspect the same for compliance with the Settlement Agreement and any orders of the Court. 5.7 No postmarked no later than thirty fifteen (3015) Days following entry days, or such other number 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 Settlement Agreement, the Complaint, the Short Form Notice, the Long Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as Exhibit B), as approved by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlement, to be made available on the Settlement Website. The website address and the fact that the Long Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Members. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator through the Settlement Website or via U.S. Mail by the Claim Deadline set by days the Court or be forever barred. 5.10 Prior shall order, prior to the Final Approval Hearing, and that any failure to object or to opt out in accordance with the applicable deadlines for opt outs and objections constitutes a knowing and voluntary waiver of any right to opt out of the Class or to appeal from the Final Approval Order. Any Settlement Class Member who fails to file a written statement of his or her intention to object or oppose, and the bases therefore (the “Opt- Out Request”), shall be foreclosed from making such objection or opposition, except as permitted by the Court. It is the responsibility of the Settlement Administrator to determine which individuals have filed a valid and timely Opt-Out Request. 8.3 It shall provide to Settlement be the responsibility of Class Counsel and Preferred Home Counsel to file with the Court an appropriate affidavit or declaration respond to all substantive inquiries from the Settlement Administrator Class Members with respect to its this Settlement. Class Counsel must provide notice to Midland’s counsel of all objections to Class Settlement. 8.4 The Parties agree that compliance with the procedures described in this Section is the best notice practicable in the circumstances and shall constitute due and sufficient notice to the Class of the terms of the Settlement Agreement, and the Final Approval Hearing, and shall satisfy the requirements of the California Rules of Court-approved Notice Program, the California Code of Civil Procedure, the Constitution of the State of California, the United States Constitution, and any other applicable law. The Court shall have the authority to amend this notice plan.

Appears in 1 contract

Samples: Settlement Agreement

Notice to Settlement Class Members. 5.1 51. The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice 52. Direct notice shall be provided to Settlement Class Members via (1) direct notice; and (2) notice on U.S. Mail, for Settlement Class Members for whom the Settlement WebsiteAdministrator has a valid address. 5.3 53. Within seven thirty (730) Days of the entry of the Preliminary Approval Order and engagement of a Settlement AdministratorOrder, Preferred Home Defendant shall provide the Settlement Administrator with the list of names and mailing addresses used by Progressive to provide notice of the Settlement Security Incident in August 2023 to potentially impacted customers (the “Class Members whose mailing addresses are known to Preferred HomeList”). The Settlement Administrator shall, by using the National Change of Address (“NCOA”) database maintained by the United States U.S. Postal Service (the “Postal Service”), obtain updates, if any, to the mailing addresses. 5.4 a. Defendant shall provide the Class List to the Settlement Administrator only for the purposes of Settlement administration. The Settlement Administrator shall not provide the Class List to Class Counsel. b. To the extent Class Counsel learns the identity, address, or email address of any Settlement Class Member(s) in connection with the Settlement administration process through any means, including, but not limited to, if Class Counsel is contacted by any Settlement Class Member(s) after such Settlement Class Member(s) receive Class Counsel’s contact information on the Class Notice or Claim Form, Class Counsel shall not use that information for any purpose other than assisting Settlement Class Member(s) with the Settlement process. Class Counsel shall not use information obtained through the Settlement administration process regarding the identity of and/or last-known address of any Class Member(s) to solicit or notify any such Settlement Class Member(s) about any other currently-pending or future actions that such Settlement Class Member(s) may be able to join and/or bring. Nothing in this Settlement Agreement shall restrict Class Counsel’s ability and right to represent any Class Member(s) in this Litigation or in any other currently-pending or future action in the event that such Settlement Class Member(s) independently approach(es) Class Counsel seeking representation in connection with their potential rights to assert claims against any entity or is approached by Class Counsel without using information obtained in connection with the Settlement administration process in this Litigation. 54. Within seventy-five sixty (7560) Days of the following entry of the a Preliminary Approval Order (the “Notice DeadlineDate”), the Settlement Administrator shall send the provide Postcard Notice in forms substantially similar to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to all Settlement Class Members. The Settlement Administrator shall mail a Claim Form to Settlement Class Members whose addresses are known to Preferred Home by First Class U.S.P.S. Mailupon written or telephonic request. An electronic version of the Claim Form shall also be provided on the Settlement Website. 5.5 55. If any Postcard Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Where the undeliverable Notice is For Postcard Notices returned without a with no forwarding address, the Settlement Administrator shall make reasonable efforts perform skip-tracing for any returned mail and shall re-mail notice 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 whose addresses are uncovered by skip-tracing. 56. The mailed notice will consist of a Short Form the Postcard Notice for substantially in the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. of Exhibit C. The Settlement Administrator shall have discretion to format this Short Form Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailedthe mailing of the Postcard Notice is commenced, Settlement Class Counsel and Preferred Home Defendant’s Counsel shall first be provided with a proof copy (reflecting 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 any orders of the Court’s orders. 5.7 57. No later than thirty sixty (3060) Days following entry of the Preliminary Approval Order and engagement of a Settlement AdministratorOrder, and prior to the mailing of the Postcard Notice to Settlement Class Members, the Settlement Administrator will create a dedicated Settlement Website. The Settlement Administrator shall cause the Complaint, Long-Form Notice, Claim Form, this Settlement Agreement, the Complaint, the Short Form Notice, the Long Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto as Exhibit B), as approved by the CourtPreliminary Approval Order, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses other relevant settlement and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlement, Court documents to be made available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Class Counsel and Defendant’s Counsel, which approval shall not be unreasonably withheld. The website address and the fact that the Long a more detailed Long- Form Notice and a Claim Form are available through on the website Settlement Website shall be included in the Notice mailed to Postcard Notice. The Settlement Administrator shall also create and implement an Interactive Voice Response system, with a live operator option, and an email inbox, both of which Settlement Class MembersMembers may use to obtain information about the Settlement and Claims process. 5.8 58. Settlement Class Members shall be able to submit their Claim Forms via the Settlement Website. The Settlement Website shall be maintained and updated from the Notice Date until thirty sixty (3060) Days after the Claim Deadline has passedEffective Date. 5.9 59. Claim Forms shall be returned or submitted to the Settlement Administrator through electronically on the Settlement Website or via U.S. Mail Mail, electronically submitted or postmarked (as the case may be) by the Claim Claims Deadline set by the Court or be forever barredbarred unless otherwise ordered by the Court. 5.10 60. The Long-Form Notice and Postcard Notice approved by the Court may be adjusted by the Settlement Administrator in consultation with and agreement by the Parties, as may be reasonable and necessary and not inconsistent with the Court’s approval. 61. Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its concerning compliance with the Court-approved Notice Program.

Appears in 1 contract

Samples: Settlement and Release Agreement

Notice to Settlement Class Members. 5.1 The Parties agree that the following Notice Program provides reasonable notice to the Settlement Class. 5.2 Notice shall be provided to Settlement Class Members via Within Fourteen (114) direct notice; and (2) notice on the Settlement Website. 5.3 Within seven (7) Days of the entry of days after the Preliminary Approval Order and engagement of a Settlement AdministratorApproval, Preferred Home shall Defendant will provide the Settlement Administrator and Class Counsel with the names and mailing addresses of the Settlement Class Members whose mailing Member Information. Defendant shall be entitled to provide password protected information on electronic media marked “Confidential – Attorney’s Eyes Only.” Within twenty one (21) days following the Preliminary Approval Date, Claims Administrator will send the Class Notice (in a form approved by the Court) to Settlement Class Members’ last-known addresses are known to Preferred Homeby first class mail and email, where available. The Settlement Administrator shall, by using will thereafter follow up promptly on undeliverable addresses and attempt to locate the National Change of Address (“NCOA”) database maintained by Settlement Class Members’ updated addresses through people-finder or an equivalent software program and skip- trace searches through the United States Postal Service (“Postal Service”). Additionally, Settlement Administrator may call the telephone numbers of Settlement Class Members to attempt to obtain updatesupdated addresses, if anyas necessary, and Defendant will cooperate in providing such numbers to the mailing addresses. 5.4 Within seventy-five (75) Days extent such numbers are available to it. In no event, and under no circumstances, shall Settlement Administrator contact any Settlement Class Member regarding, in any way, the prospective representation or potential representation of any Settlement Class Member relating to any of the entry of Released Claims, except as specifically provided herein. Further, within one hundred and twenty (120) days after the Preliminary Approval Order (last Individual Settlement Amount check is mailed to a Settlement Class Member pursuant to the “Notice Deadline”)Second Distribution, the Settlement Administrator shall send the Notice in forms substantially similar either destroy or return to those attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court, to Defense Counsel all Settlement Class Members whose addresses are known to Preferred Home Member Information received from Defendant, along with all information received by First Class U.S.P.S. Mail. 5.5 If any Notice is returned by the Postal Service as undeliverable, the Settlement Administrator shall remail the Notice relating to the forwarding addressSettlement, 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 for the Settlement Class and a Short Form Notice for the Settlement Subclass in a form substantially similar to that attached hereto as Exhibits A-1 and A-2, respectively, as approved by the Court. The Settlement Administrator shall have discretion to format this Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and Preferred Home 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 including information relating 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 Settlement Agreement, the Complaint, the Short Form Notice, the Long Form Notice (in a form substantially similar to the in the form attached to the Settlement Agreement attached hereto except as Exhibit B), as approved required by the Court, and the Claim Form (in a form substantially similar to the form attached hereto as Motion for attorneys’ fees, costs, expenses and Service Awards and Plaintiffs’ Motion for Final Approval of the Class Action Settlement, to be made available on the Settlement Website. The website address and the fact that the Long Form Notice and a Claim Form are available through the website shall be included in the Notice mailed to Settlement Class Memberslaw. 5.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 5.9 Claim Forms shall be returned or submitted to the Settlement Administrator through the Settlement Website or via U.S. Mail by the Claim Deadline set by the Court or be forever barred. 5.10 Prior to the Final Approval Hearing, the Settlement Administrator shall provide to Settlement Class Counsel and Preferred Home Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program.

Appears in 1 contract

Samples: Settlement Agreement

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