Payment of Notice and Claims Administration Costs. Capital One will pay the reasonable costs of notice and Claims Administration that are incurred prior to the creation of the Settlement Fund, and Capital One will be given credit for all such payments which will be deducted from the Settlement Fund as set forth below. The Claims Administrator will provide to the Parties an estimate of the amount of costs required to email and mail Notice, establish the Settlement Website, and establish a toll-free telephone number, as well as any other initial administration costs to the Parties. Capital One will pay the estimated amount to the Claims Administrator within ten (10) business days after the entry of the Preliminary Approval Order. After that upfront payment of administration costs by Capital One, the Claims Administrator will xxxx Capital One monthly for the reasonable additional costs of Claims Administration, until such time as the Settlement Fund is established. Any amounts paid by Defendant for the estimated costs of Claims Administration which are not incurred by the Claims Administrator will be used for other Claims Administration costs, or will be deducted from future xxxxxxxx by the Claims Administrator. The Claims Administrator will maintain detailed records of the amounts spent on the administration of the Settlement and will provide those to the Parties monthly. At such time that Capital One funds the Settlement Fund, all amounts previously paid to the Claims Administrator by Capital One will be deducted from the total payment which Capital One is required to pay to create the Settlement Fund. After Capital One has created the Settlement Fund, Capital One will have no further obligation to pay any amount under this Settlement Agreement, and any additional Settlement Costs will be paid out of the Settlement Fund.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Payment of Notice and Claims Administration Costs. Capital One will Xxxxx Fargo shall pay the reasonable costs of notice and Claims Administration that settlement administration which are incurred prior to the creation of the Settlement Fund, and Capital One Xxxxx Fargo will be given credit for all any such payments which will be deducted from in funding the Settlement Fund as set forth belowFund. The Claims Administrator will shall provide to the Parties an estimate of the amount of costs required to email and mail Noticenotice, establish the Settlement Website, settlement website and establish a toll-free telephone number, as well as any other initial administration costs to the Parties. Capital One will Xxxxx Fargo shall pay the estimated amount to the Claims Administrator within ten fifteen (1015) business days after the entry of the Preliminary Approval Order. After that upfront payment of administration costs by Capital OneXxxxx Fargo, the Claims Administrator will shall xxxx Capital One Xxxxx Fargo monthly for the reasonable additional costs of Claims Administrationsettlement administration, until such time as the Settlement Fund is established. Any amounts paid by Defendant Xxxxx Fargo for the estimated costs of Claims Administration administration which are not incurred by the Claims Administrator will shall be used for other Claims Administration administration costs, or will shall be deducted from future xxxxxxxx by the Claims Administrator. The Claims Administrator will shall maintain detailed records of the amounts spent on the administration of the Settlement settlement and will shall provide those to the Parties monthly. At such time that Capital One Xxxxx Fargo funds the Settlement Fund, all amounts previously paid to the Claims Administrator by Capital One will Xxxxx Fargo shall be deducted from the total payment Maximum Payment which Capital One Xxxxx Fargo is required to pay to create the Settlement Fund. After Capital One Xxxxx Fargo has created the Settlement FundFund and paid out the Maximum Payment required under this Settlement, Capital One will Xxxxx Fargo shall have no further obligation to pay any amount under this Settlement AgreementSettlement, and any additional Settlement Costs will shall be paid out of the Settlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Payment of Notice and Claims Administration Costs. Capital One will Defendant shall pay the reasonable costs of notice Notice and Claims Administration that settlement administration which are incurred prior to the creation of the Settlement Fund, and Capital One Defendant will be given credit for all any such payments which will be deducted from in funding the Settlement Fund as set forth belowFund. The Claims Administrator will shall provide to the Parties an estimate of the amount of costs required to email and perform the reverse directory look-up, mail Noticenotice, establish the Settlement Websitewebsite, publish a nationwide notification in USA Today, and establish a toll-free telephone number, as well as any other initial administration costs to the Parties. Capital One will The Parties shall have the right to review and approve the estimate prior to payment. If the estimate is not approved, the Parties may consider alternate administrators. Upon approval, Defendant shall pay the estimated amount to the Claims Administrator within ten (10) business days after the entry of the Preliminary Approval Order. After that upfront payment of administration costs by Capital OneDefendant, the Claims Administrator will xxxx Capital One monthly for shall submit final billing to the reasonable Court at the final approval stage to request any additional costs expenses incurred as part of Claims Administration, until such time as the administration to be paid out of the Settlement Fund is establishedFunds. Any amounts paid by Defendant for the estimated costs of Claims Administration administration which are not incurred by the Claims Administrator will shall be used for other Claims Administration administration costs, or will shall be deducted from future xxxxxxxx by the Claims Administrator. The Claims Administrator will shall maintain detailed records of the amounts spent on the administration of the Settlement and will shall provide those to the Parties monthly. At such time that Capital One Defendant funds the Settlement Fund, all amounts previously paid to the Claims Administrator by Capital One will Defendant shall be deducted from the total payment Maximum Payment, which Capital One Defendant is required to pay to create the Settlement Fund. After Capital One Defendant has created the Settlement FundFund and paid out the Maximum Payment required under this Settlement, Capital One will Defendant shall have no further obligation to pay any amount under this Settlement AgreementSettlement, and any additional Settlement Costs will shall be paid out of the Settlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Payment of Notice and Claims Administration Costs. Capital One will NMAC shall pay the reasonable costs of notice Notice and Claims Administration settlement administration that are incurred prior to the creation of the Settlement Fund, and Capital One NMAC will be given credit for all such payments which will shall be deducted from the Settlement Fund as set forth below. The Claims Administrator will shall provide to the Parties with an estimate of the amount costs of costs required to email and mail Noticesending Notice (including publication), establish establishing the Settlement Website, Website and establish establishing a toll-free telephone number, as well as any other initial administration costs to within five (5) days of the Partiesentry of the Preliminary Approval Order, at the latest. Capital One will NMAC shall pay the estimated amount to the Claims Administrator within ten (10) business days after the entry of the Preliminary Approval Order. After that upfront payment of administration costs by Capital OneNMAC, the Claims Administrator will xxxx Capital One shall bill NMAC monthly for the any reasonable additional costs of Claims Administrationsettlement administration, until such time as the Settlement Fund is established. Any amounts paid by Defendant NMAC for the estimated costs of Claims Administration administration which are not incurred by the Claims Administrator will shall be used for other Claims Administration administration costs, or will shall be deducted from future xxxxxxxx by the Claims Administrator. The Claims Administrator will shall maintain detailed records of the amounts spent on the administration of the Settlement and will shall provide those to the Parties monthly. At such time that Capital One NMAC funds the Settlement Fund, all amounts previously paid to the Claims Administrator by Capital One will NMAC shall be deducted from the total payment which Capital One it is required to pay to create the Settlement FundFund under Section 4.01. After Capital One NMAC has created the Settlement Fund, Capital One will NMAC shall have no further obligation to pay any amount under this Settlement Agreement, and any additional Settlement Costs will shall be paid out of the Settlement Fund.
Appears in 1 contract
Samples: Settlement Agreement
Payment of Notice and Claims Administration Costs. Capital One will pay the reasonable costs of notice and Claims Administration that are incurred prior to the creation of the Settlement Fund, and Capital One will be given credit for all such payments which will be deducted from the Settlement Fund as set forth below. The Claims Administrator will provide to the Parties an estimate of the amount of costs required to email and mail Notice, establish the Settlement Website, and establish a toll-free telephone number, as well as any other initial administration costs to the Parties. Capital One will pay the estimated amount to the Claims Administrator within ten (10) business days after the entry of the Preliminary Approval Order. After that upfront payment of administration costs by Capital One, the Claims Administrator will xxxx bill Capital One monthly for the reasonable additional costs of Claims Administration, until such time as the Settlement Fund is established. Any amounts paid by Defendant for the estimated costs of Claims Administration which are not incurred by the Claims Administrator will be used for other Claims Administration costs, or will be deducted from future xxxxxxxx by the Claims Administrator. The Claims Administrator will maintain detailed records of the amounts spent on the administration of the Settlement and will provide those to the Parties monthly. At such time that Capital One funds the Settlement Fund, all amounts previously paid to the Claims Administrator by Capital One will be deducted from the total payment which Capital One is required to pay to create the Settlement Fund. After Capital One has created the Settlement Fund, Capital One will have no further obligation to pay any amount under this Settlement Agreement, and any additional Settlement Costs will be paid out of the Settlement Fund.
Appears in 1 contract
Samples: Settlement Agreement