Common use of OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR Clause in Contracts

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 Settlement Administrator shall destroy the Settlement Class Member Information and Notice Database, upon a date to be agreed upon by the Parties and Settlement Administrator.

OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. In addition to any tasks and responsibilities ordered by As discussed in more detail elsewhere in the CourtAgreement, the Settlement Administrator shall be authorized to and execute a retainer agreement that shall in fact undertake the following tasks to help implement the terms of provide, among other things, that the Settlement AgreementAdministrator shall perform the duties, includingtasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (1) mailing or arranging for preparing and disseminating the emailing and mailing of the Settlement Notice to the Settlement Class MembersNotice; (2) handling returned email or mail not delivered maintaining the Settlement Website to Settlement Class Membersallow class members to elect electronic payments; (3) attempting keeping track of any requests for exclusion from and objections to obtain updated address information for Settlement Class Members by all reasonable meansthe Settlement, including running change of address, skip traces or other procedures based on maintaining the information original envelope 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 addresswhich they were mailed; (4) making delivering to Class Counsel and Carrington’s Counsel copies of any additional mailings required under request for exclusion, objection, or, upon request, any other written or electronic communications from the terms of this Settlement AgreementClass; (5) answering written inquiries from making Settlement Class Members and/or forwarding such inquiries to the Parties’ counsel or their designeePayments; (6) receiving and maintaining on behalf of the Court and the Parties performing any Settlement Class Member correspondence regarding requests for exclusion from the settlementtax reporting duties required by this Agreement or any applicable law; (7) establishing maintaining adequate records of its activities, including dates of transmission of the Postcard Notice and maintaining Email Notice, returned mail, and other communications and attempted communications with the settlement website as described aboveClass; (8) receiving and processing payment requests and distributing payments to Settlement Class Members as provided hereinconfirming in writing its completion of the administration of the Settlement; and (109) otherwise assisting such other tasks as Class Counsel and Carrington’s Counsel mutually agree. The retainer agreement shall provide that Settlement Administrator understands and agrees that it will be provided with administration certain personal identifying information relating to the Class and agrees to keep the information secure utilizing security measures that, at a minimum, comply with all applicable laws, rules, and regulations, not disclose or disseminate it, and use the information solely for purposes of effectuating the settlementSettlement. The Settlement Administrator shall execute agree that it shall be subject to the jurisdiction of the Court with respect to the administration of this Settlement. The Settlement Administrator shall also be required to sign a Confidentiality Agreement in Agreement, which sets forth, among other things, a form satisfactory to Defendant, after which Defendant will provide timeline for the Settlement Administrator with to destroy all email addresses. The Settlement Administrator shall not utilize Class members’ email addresses for any purpose other than effectuating this settlement. Starting one week after the Settlement Class Member Information. Using deadline to begin the Settlement Class Member InformationNotice Program, the Settlement Administrator shall create also provide weekly reports to Class Counsel and Carrington’s Counsel concerning requests for exclusion and objections received during the Notice Databaseprior week and to date. Within five days of the Response Deadline, the Settlement Administrator shall provide Class Counsel and Carrington’s Counsel with a report containing the information regarding requests for exclusion and objection, including timely and untimely requests for exclusion and objection. The Settlement Administrator shall provide a declaration to be submitted in support of the motion for entry of the Final Approval Order detailing the Notice Program and the number of valid requests for exclusion and objections received. The Settlement Administrator shall also provide Class Member Information Counsel and Notice Database Carrington’s Counsel with a reconciliation and its contents shall be kept in strict confidence, shall be accessed accounting of the Gross Settlement Fund at each of the following times: (1) no later than ten (10) days after the Settlement Payments are made; and used only (2) no later than one hundred and eighty (180) days after the Settlement Payments are made. All data created and/or obtained and maintained by the Settlement Administrator for purposes pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Carrington’s Counsel, or either of carrying out them, at their own cost, shall receive a complete copy of the Settlement Administrator’s duties under this settlementrecords (excluding specific account information), together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the Class List, it shall be kept confidential by Class Counsel and shall not be used for any purposes other business, litigation or other purpose than the implementation 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 Settlement Administrator shall destroy the Settlement Class Member Information and Notice Database, upon a date to be agreed upon by the Parties and Settlement Administratorthis Agreement.

OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. In addition to any tasks and responsibilities ordered by As discussed in more detail elsewhere in the CourtAgreement, the Settlement Administrator shall be authorized to and execute a retainer agreement that shall in fact undertake the following tasks to help implement the terms of provide, among other things, that the Settlement AgreementAdministrator shall perform the duties, includingtasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (1) mailing preparing and disseminating the Class Notice; (2) maintaining the Settlement Website to allow class members to elect electronic payments; (3) keeping track of any requests for exclusion from and objections to the Settlement, including maintaining the original envelope in which they were mailed; (4) delivering to Class Counsel and Defense Counsel copies of any request for exclusion, objection, or, upon request, any other written or arranging for electronic communications from the emailing and mailing Settlement Class; (5) making Settlement Payments; (6) performing any tax reporting duties required by this Agreement or any applicable law; (7) maintaining adequate records of its activities, including dates of transmission of the Postcard Notice and Email Notice, returned mail, and other communications and attempted communications with the Settlement Notice Class; (8) confirming in writing its completion of the administration of the Settlement; and (9) such other tasks The retainer agreement shall provide that Settlement Administrator understands and agrees that it will be provided with certain personal identifying information relating to the Settlement Class Members; (2) handling returned email or mail not delivered and agrees 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 keep the information in the Settlement Class Member Information provided by Defendant to the Settlement Administratorsecure utilizing security measures that, at a minimum, comply with all applicable laws, rules, and any notices returned without a forwarding address regulations, not disclose or an expired forwarding address; (4) making any additional mailings required under disseminate it, and use the terms information solely for purposes of this Settlement Agreement; (5) answering written inquiries from Settlement Class Members and/or forwarding such inquiries to effectuating 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 settlementSettlement. The Settlement Administrator shall execute agree that it shall be subject to the jurisdiction of the Court with respect to the administration of this Settlement. The Settlement Administrator shall also be required to sign a Confidentiality Agreement in Agreement, which sets forth, among other things, a form satisfactory to Defendant, after which Defendant will provide timeline for the Settlement Administrator with to destroy all email for any purpose other than effectuating this settlement. Starting one week after the deadline to begin the Notice Program, the Settlement Class Member Informationrequests for exclusion and objections received during the prior week and to date. Using Within five days of the Settlement Class Member InformationResponse Deadline, the Settlement Administrator shall create the Notice Databaseprovide Class exclusion and objection, including timely and untimely requests for exclusion and objection. The Settlement Class Member Information Administrator shall provide a declaration to be submitted in support of the motion for entry of the Final Approval Order detailing the Notice Program and Notice Database the number of valid requests for exclusion and its contents shall be kept in strict confidence, shall be accessed objections received. a reconciliation and used only accounting of the Gross Settlement Fund at each of the following times: (1) no later than ten days after the Settlement Payments are made; and (2) no later than 180 days after the Settlement Payments are made. All data created and/or obtained and maintained by the Settlement Administrator for purposes pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, information), together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of carrying out the Settlement Administrator’s duties under class list, it shall be subject to the Stipulation and Confidentiality Agreement signed by Class Counsel in this settlement, case and shall not be used for any purposes other business, litigation or other purpose than the implementation 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 Settlement Administrator shall destroy the Settlement Class Member Information and Notice Database, upon a date to be agreed upon by the Parties and Settlement Administratorthis Agreement.

OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. In addition to any tasks and responsibilities ordered by As discussed in more detail elsewhere in the CourtAgreement, the Settlement Administrator shall be authorized to and execute a retainer agreement that shall in fact undertake the following tasks to help implement the terms of provide, among other things, that the Settlement AgreementAdministrator shall perform the duties, includingtasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (1) mailing or arranging for preparing and disseminating the emailing and mailing of Class Notice; maintaining the Settlement Notice Website to allow class members to elect electronic payments; administering the claims submission and review process; documenting the number and type of Claim Forms submitted by Settlement Class Members; (2) handling returned email or mail not delivered identifying and following up on deficient Claim Forms to Settlement Class Members; (3) attempting to obtain updated address information for Settlement give Class Members by all reasonable meansan opportunity to provide the necessary information; reviewing, including running change of addressevaluating, skip traces or other procedures and determining which claim forms meet the requirements for acceptance and accepting, accordingly; rejecting Claim Forms that appear to be duplicative based on the information in the Settlement Class Member Information provided by Defendant name, address, email address, and documentation provided; reporting to the Settlement Administrator, and Parties as requested regarding claims administration; preparing reports of its final determinations as to each Claim Form; keeping track of 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 and objections to the settlement; (7) establishing and Settlement, including maintaining the settlement website as described aboveoriginal envelope in which they were mailed; (8) receiving delivering to Class Counsel and processing payment requests Bedford and distributing payments to Victoria’s Counsel copies of any request for exclusion, objection, or, upon request, any other written or electronic communications from the Settlement Class Members as provided hereinClass; making Settlement Payments; performing any tax reporting duties required by this Agreement or any applicable law; maintaining adequate records of its activities, including dates of transmission of the Mail Notice and (10) otherwise assisting Email Notice, returned mail, and other communications and attempted communications with the Class; confirming in writing its completion of the administration of the settlementSettlement; preparing and disseminating the requisite notifications to appropriate state and federal officials under 28 U.S.C. § 1715; and such other tasks as Class Counsel and Bedford and Xxxxxxxx’s Counsel mutually agree. The Settlement Administrator may, at any time, request from each claimant, in writing, additional information as the Settlement Administrator may reasonably require in order to evaluate the Claim Form. Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation to determine whether the claim is facially valid, the Settlement Administrator shall request additional information from the claimant and give the claimant 14 days to cure the defect before rejecting the claim. The Settlement Administrator shall execute a Confidentiality Agreement in a form satisfactory to Defendant, request any Claim Form supplementation within 14 days after which Defendant will provide receipt of such Claim Form. In the Settlement Administrator event of unusual circumstances interfering with compliance with the 14-day cure period, the claimant may request, and for good cause shown (such as illness, military service, absence from the United States, delivery failures, etc.) shall be given a reasonable extension of the 14-day deadline in which to comply. However, in no event shall the deadline be extended to later than 14 days after the Claims Filing Deadline without express approval from the Parties. If the defect is not cured within the required period, then the claim will be deemed invalid, and the claimant will not be entitled to payment from the Net Settlement Class Member InformationFund. Using the Settlement Class Member InformationOn a bi-weekly basis, the Settlement Administrator shall create make the Notice DatabaseClaim Forms it has accepted available electronically to Class Counsel and Bedford and Victoria’s Counsel. The Settlement Class Member Information Administrator shall undertake a reasonable review of each claim to determine whether it meets the requirements of this Settlement Agreement, contains all of the required information on the Claim Form, and Notice Database and its contents shall provides what appears to be kept in strict confidence, shall be accessed and used only the required documentation. The accepted Claim Forms not rejected by the Settlement Administrator in this process shall be the “Approved Claim Forms.” The Parties mutually agree to extend these deadlines if the circumstances dictate that a reasonable extension is warranted. The Settlement Administrator shall provide Class Counsel and Bedford and Victoria’s Counsel with a final list of the Approved Claim Forms with each approved claimant’s name, address, email address, and access to the Claim Form and related documentation submitted by the claimant within 30 days of the Claims Filing Deadline. The retainer agreement shall provide that the Settlement Administrator understands and agrees that it will be provided with certain personal identifying information relating to the Class and agrees to keep the information secure utilizing security measures that, at a minimum, comply with all applicable laws, rules, and regulations, not disclose or disseminate it, and use the information solely for purposes of carrying out effectuating the Settlement. The Settlement Administrator shall agree that it shall be subject to the jurisdiction of the Court with respect to the administration of this Settlement. The Settlement Administrator shall also be required to agree to confidentiality requirements, which set forth, among other things, a timeline for the Settlement Administrator to destroy all email addresses. The Settlement Administrator shall not utilize Class members’ email addresses for any purpose other than effectuating this settlement. Starting 7 days after the deadline to begin the Notice Program, the Settlement Administrator shall also provide weekly reports to Class Counsel and Bedford and Victoria’s Counsel concerning Claim Forms, requests for exclusion and objections received during the prior week and to date. Within 5 days after the Response Deadline, the Settlement Administrator shall provide Class Counsel and the Settling Parties’ Counsel with a report containing the information regarding requests for exclusion and objection, including timely and untimely requests for exclusion and objection. The Settlement Administrator shall provide a declaration to be submitted in support of the motion for entry of the Final Approval Order detailing the Notice Program and the number of valid requests for exclusion and objections received. The Settlement Administrator shall also provide Class Counsel and Bedford and Victoria’s Counsel with a reconciliation and accounting of the Gross Settlement Fund at each of the following times: (1) no later than 10 days after the Settlement Payments are made; and (2) no later than 180 days after the Settlement Payments are made. All data created and/or obtained and maintained by the Settlement Administrator pursuant to this Agreement shall be destroyed 90 days after the Settlement Administrator’s duties under this settlementprovision of the latter reconciliation and accounting of the Gross Settlement Fund, provided that Class Counsel and Bedford and Victoria’s Counsel, or either of them, at their own cost, shall receive a complete copy of the Settlement Administrator’s records (excluding specific account information), together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the Class List, it shall be kept confidential by Class Counsel and shall not be used for any purposes other business, litigation or other purpose than the implementation 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 Settlement Administrator shall destroy the Settlement Class Member Information and Notice Database, upon a date to be agreed upon by the Parties and Settlement Administratorthis Agreement.