OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. As discussed in more detail elsewhere in the Agreement, the Settlement Administrator shall execute a retainer agreement that shall provide, among other things, that the Settlement Administrator shall perform the duties, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (1) 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 electronic communications from the 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 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 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 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 sign a Confidentiality Agreement, which sets forth, among other things, a timeline for the Settlement Administrator 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 requests for exclusion and objections received during the prior week and to date. Within five days of the Response Deadline, the Settlement Administrator shall provide Class 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. a reconciliation and 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 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 the class list, it shall be subject to the Stipulation and Confidentiality Agreement signed by Class Counsel in this case and shall not be used for any purposes other than the implementation of this Agreement.
Appears in 1 contract
Samples: Settlement Agreement
OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. As discussed in more detail elsewhere in the Agreement, the Settlement Administrator shall execute a retainer agreement that shall provide, among other things, that the Settlement Administrator shall perform the duties, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (1) 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 Carrington’s Counsel copies of any request for exclusion, objection, or, upon request, any other written or electronic communications from the 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 Class; (8) confirming in writing its completion of the administration of the Settlement; and (9) 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 certain personal identifying information relating to the Settlement 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 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 sign a Confidentiality Agreement, which sets 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 one week after the deadline to begin the Notice Program, the Settlement Administrator shall also provide weekly reports to Class Counsel and Carrington’s Counsel concerning requests for exclusion and objections received during the prior 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 Counsel and Carrington’s Counsel with a reconciliation and 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 (2) no later than 180 one hundred and eighty (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 twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Carrington’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 listClass List, it shall be subject to the Stipulation and Confidentiality Agreement signed kept confidential by Class Counsel in this case and shall not be used for any purposes other than the implementation of this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. As discussed in more detail elsewhere in In addition to any tasks and responsibilities ordered by the AgreementCourt, the Settlement Administrator shall execute a retainer agreement that be authorized to and shall provide, among other things, that in fact undertake the following tasks to help implement the terms of the Settlement Administrator shall perform the dutiesAgreement, tasks, and responsibilities associated with providing notice and administering the Settlement, including the followingincluding: (1) preparing mailing or arranging for the emailing and disseminating mailing of the Settlement Notice to the Settlement Class NoticeMembers; (2) maintaining the handling returned email or mail not delivered to Settlement Website to allow class members to elect electronic paymentsClass Members; (3) keeping track 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 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 electronic communications from the Settlement Class; (5) making Settlement Payments; (6) performing any tax reporting duties required by this Agreement or any applicable lawsettlement; (7) establishing and 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 Classsettlement website as described above; (8) confirming in writing its completion of the receiving and processing payment requests and distributing payments to Settlement Class Members as provided herein; and (10) otherwise assisting with 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 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 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 execute a Confidentiality AgreementAgreement in a form satisfactory to Defendant, after which sets forth, among other things, a timeline for Defendant will provide the Settlement Administrator to destroy all email for any purpose other than effectuating this settlement. Starting one week after the deadline to begin the Notice Program, with the Settlement requests for exclusion and objections received during Class Member Information. Using the prior week and to date. Within five days of the Response DeadlineSettlement Class Member Information, the Settlement Administrator shall provide Class exclusion and objection, including timely and untimely requests for exclusion and objectioncreate the Notice Database. The Settlement Administrator Class Member Information and Notice Database and its contents shall provide a declaration to be submitted kept in support of the motion for entry of the Final Approval Order detailing the Notice Program strict confidence, shall be accessed and the number of valid requests for exclusion and objections received. a reconciliation and 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 used only by the Settlement Administrator pursuant to for purposes of carrying out the Settlement Administrator’s duties under this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Courtsettlement, 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 subject to the Stipulation and Confidentiality Agreement signed by Class Counsel in this case and shall not be used for any purposes other than business, litigation or other purpose of any kind or nature whatsoever. The Parties agree that the implementation 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 this Agreementthe 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.
Appears in 1 contract
Samples: Settlement Agreement
OBLIGATIONS OF THE SETTLEMENT ADMINISTRATOR. As discussed in more detail elsewhere in the Agreement, the Settlement Administrator shall execute a retainer agreement that shall provide, among other things, that the Settlement Administrator shall perform the duties, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (1) preparing and disseminating the Class Notice; (2) maintaining the Settlement Website to allow class members to elect electronic payments; (3) administering the claims submission and review process; documenting the number and type of Claim Forms submitted by Settlement Class Members; identifying and following up on deficient Claim Forms to give Class Members an opportunity to provide the necessary information; reviewing, evaluating, and determining which claim forms meet the requirements for acceptance and accepting, accordingly; rejecting Claim Forms that appear to be duplicative based on the name, address, email address, and documentation provided; reporting to the Parties as requested regarding claims administration; preparing reports of its final determinations as to each Claim Form; 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 Bedford and Victoria’s Counsel copies of any request for exclusion, objection, or, upon request, any other written or electronic communications from the 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 Mail Notice and Email Notice, returned mail, and other communications and attempted communications with the Settlement Class; (8) confirming in writing its completion of the administration of the Settlement; preparing and (9) 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 request any Claim Form supplementation within 14 days after receipt of such Claim Form. In the 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 Fund. On a bi-weekly basis, the Settlement Administrator shall make the Claim Forms it has accepted available electronically to Class Counsel and Bedford and Victoria’s Counsel. The Settlement 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 provides what appears to be 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 Settlement 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 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 sign a Confidentiality Agreementagree to confidentiality requirements, which sets 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 one week 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 five 5 days of 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 ten 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 twelve (12) months 90 days after the Final Report is submitted to Settlement Administrator’s provision of the Courtlatter 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 listClass List, it shall be subject to the Stipulation and Confidentiality Agreement signed kept confidential by Class Counsel in this case and shall not be used for any purposes other than the implementation of this Agreement.
Appears in 1 contract
Samples: Class Action Settlement Agreement
