OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. In addition to any tasks and responsibilities ordered by the Court, the Settlement Administrator shall be authorized to and shall in fact undertake the following tasks to help implement the terms of the Settlement Agreement, including: (1) mailing or arranging for the emailing and mailing of the Settlement Notice to the Settlement Class Members; (2) handling returned email or mail not delivered to Settlement Class Members; (3) attempting to obtain updated address information for Settlement Class Members by all reasonable means, including running change of address, skip traces or other procedures based on the information in the Settlement Class Member Information provided by Defendant to the Settlement Administrator, and any notices returned without a forwarding address or an expired forwarding address; (4) making any additional mailings required under the terms of this Settlement Agreement; (5) answering written inquiries from Settlement Class Members and/or forwarding such inquiries to the Parties’ counsel or their designee; (6) receiving and maintaining on behalf of the Court and the Parties any Settlement Class Member correspondence regarding requests for exclusion from the settlement; (7) establishing and maintaining the settlement website as described above; (8) receiving and processing payment requests and distributing payments to Settlement Class Members as provided herein; and (10) otherwise assisting with administration of the settlement. The Settlement Administrator shall execute a Confidentiality Agreement in a form satisfactory to Defendant, after which Defendant will provide the Settlement Administrator with the Settlement Class Member Information. Using the Settlement Class Member Information, the Settlement Administrator shall create the Notice Database. The Settlement Class Member Information and Notice Database and its contents shall be kept in strict confidence, shall be accessed and used only by the Settlement Administrator for purposes of carrying out the Settlement Administrator’s duties under this settlement, and shall not be used for any other business, litigation or other purpose of any kind or nature whatsoever. The Parties agree that the Settlement Class Member Information and Notice Database (or any portion thereof) are highly confidential and proprietary to Defendant, and shall not be disclosed to any other person or entity without Defendant’s prior written consent. Once the administration of the settlement is completed, the Set...
OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR
