Common use of Payments from the Gross Settlement Amount Clause in Contracts

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 2 contracts

Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement

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Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 120 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Agreement. However, failure by a Participating Class Member and/or Aggrieved Employee to cash a check received in relation to this Agreement and/or Settlement does not result in him/her not being bound by and/or subject to this Agreement and/or Settlement. Rather, a Participating Class Member and/or Aggrieved Employee will be bound by and/or subject to this Agreement and/or Settlement regardless of whether he/she cashes any check(s) received in relation to same.

Appears in 2 contracts

Samples: Class Action and Paga Settlement Agreement, Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 2 contracts

Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 2 contracts

Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 2 contracts

Samples: Class Action and Paga Settlement Agreement, Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully XxXxxxx funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, PAGA Group Members including Non-Participating Class Members who qualify as Aggrieved Employees PAGA Group Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS United States Postal Service (“USPS”) forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of a Court- approved nonprofit organization or foundation consistent with Code of Civil Procedure section 384, subd. subdivision (b) (“Cy Pres Recipient”). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant XxXxxxx to confer xxxxxx any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled canceled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund cy pres recipient Legal Aid At Work in the name of the Class Member, thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. The 4.4.4. All settlement administration costs, including the cost of paying uncashed or return checks to the cy pres, shall be paid from the Gross Settlement Fund and shall not result in additional payments from Defendant beyond those specified in this Agreement .The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled canceled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of a Court- approved nonprofit organization or foundation consistent with Code of Civil Procedure section Section 384, subd. (b)) (“Cy Pres Recipient”) Legal Aid At Work. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) 14 calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section § 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOA.National Change of Address Database. / / / b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled canceled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund cy pres recipient Legal Aid At Work in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) 14 calendar days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Non- Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) 7 calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Settlement Agreement

Payments from the Gross Settlement Amount. 5.1. Within fourteen (14) calendar 30 days after Defendant fully funds following the Gross Settlement AmountEffective Date, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses PaymentExpenses, the Class Counsel Fees PaymentFees, the Class Counsel Litigation Expenses PaymentCosts, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 5.2. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members and/or Affected Employees via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty (180) calendar the Void Date, which is 180 days after the date of mailing mailing, when the check will be voided. Before checks are mailed, the Administrator shall update address information through the National Change of Address database. The Administrator will cancel all checks not cashed by the void dateVoid Date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Affected Employees including Non-Participating Class Members who qualify as Aggrieved Affected Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before If a Participating Class Member’s or Affected Employee’s check is not cashed within 120 days after its last mailing any checksto the affected individual, the Administrator must update will also send the recipients’ mailing addresses using individual a notice informing him or her that unless the NCOAcheck is cashed by the Void Date, it will expire and become non-negotiable, and offer to replace the check if it was lost or misplaced but not cashed. b. The 5.3. Any Individual Class Payments and/or Individual PAGA Payments that are returned to the Administrator must as non-deliverable within 30 days of the original distribution shall be remailed to any forwarding address affixed to the returned envelope. If there is no forwarding address on the returned envelope, the Administrator shall conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS in an effort to obtain a new forwarding address. Within seven (7) calendar days of receiving a returned check, If either the Administrator will remail checks to the USPS forwarding identifies an updated mailing address provided or to an address ascertained through the Class Member Address Search, or Class Counsel or a Class Member provides the Administrator with an updated mailing address, the Administrator shall re-send the appropriate Individual Class Payment and/or Individual PAGA Payment within 7 days after receiving the updated mailing address. Any Individual Class Payments and/or Individual PAGA Payments that are re- mailed or re-issued pursuant to this paragraph shall be valid for 180 days from the date the original Individual Class Payments and/or Individual PAGA Payments were issued. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced misplaced, if requested by the Class Member prior to the void dateVoid Date. c. For 5.4. Subject to the Court’s approval, the Parties agree that any unclaimed funds from any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, Void Date shall be transmitted by the Administrator shall transmit the funds represented by such checks to the a mutually agreeable Court-approved nonprofit organization or foundation consistent with California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure (“CCP”) section 384(b) (“Cy Pres Recipient”). The Parties have agreed to propose California Alliance of Boys & Girls Clubs, Inc. (“Boys & Girls Clubs”), with the funds designated to be used in California for the Boys & Girls Clubs’ Workforce Readiness program/job training, as the Cy Pres Recipient. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. The Administrator shall make this payment to the Cy Pres Recipient prior to the deadline set by the Court pursuant to CCP section 384. The Parties further agree that any refunded employee-side payroll taxes corresponding to the Wage Portion of any uncashed Individual Class Payments shall also be transmitted to the Cy Pres Recipient, subdwithin 14 days of the Administrator’s receipt of the refunded employee-side payroll taxes. (b)The Parties further agree that any refunded employer-side payroll taxes corresponding to the Wage Portion of any uncashed Individual Class Payments shall be returned to Defendant within 14 days of the Administrator’s receipt of the refunded employer-side payroll taxes. d. 5.5. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b).. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the cy pres recipient California Controller’s Unclaimed Property Fund in the name of the Class MemberRural Legal Assistance, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOA.the b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days 7days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name s of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Representatives Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Representatives Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 10 days of receiving a returned check, the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced misplaced, if requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully XXXXXX funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class MemberVentura County Legal Aid, thereby leaving no “unpaid residue” subject to the requirements of a nonprofit organization consistent with Code of Civil Procedure section Section 384, subd. (b) (“Cy Pres Recipient”). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant XXXXXX to confer xxxxxx any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via firstFirst-class United States Postal Service (“USPS”) mailClass U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty the date (180) calendar 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS a United States Postal Service (“USPS”) forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail checks must either re-mail the check to the USPS forwarding address provided or mail the check to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced misplaced, if requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant Defendants fully funds fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Membercy pres recipient Legal Aid At Work, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). If the Court does not approve the cy pres recipient Legal Aid At Work, the Parties shall select a new cy pres recipient, with approval by the Court. Any Class Member who does not validly opt-out will be nevertheless bound by the terms of the agreement regardless of whether he or she cashes the check. d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully OVIS funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, the Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement the mailing of all Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOA.National Change of Address Database. Ventura Superior Court Accepted through eDelivery submitted 01-09-2024 at 03:20:00 PM b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or and/or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. The 4.4.4. Neither the payment of Individual Class Payments and nor the Individual PAGA Payments shall not obligate Defendant OVIS to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 15 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, Class Counsel the Attorneys’ Fees Payment, Class Counsel the Litigation Expenses Payment, and Class the Representative Service PaymentsPayment. Disbursement of the Class Counsel Attorneys’ Fees Payment, Class Counsel the Litigation Expenses Payment, Payment and Class the Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all shall effectuate the Individual Class Payments, the Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment to the extent consistent with tax reporting requirements; otherwise the Administrator will issue separate checks for the Individual Class Payment and Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to a Court-approved cy pres recipient. The parties request that Worksafe be appointed as the California Controller’s Unclaimed Property Fund in Cy Pres Recipient. Worksafe is a nonprofit dedicated to promoting and protecting the name basic right of all people to a safe and healthy workplace. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b)intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement).

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 3.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 3.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 3.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 3.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.3.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.3.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.3.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.3.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 30 days after Defendant fully funds the Gross Settlement AmountFinal Approval Order, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the via First Class Members via first-class United States Postal Service (“USPS”) mailU.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Participating Class Members and/or Aggrieved Employees whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Participating Class Member and/or Aggrieved Employee whose original check was lost or misplaced if misplaced, requested by the Participating Class Member and/or Aggrieved Employee prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check that is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of a Court-approved nonprofit organization or foundation consistent with Code of Civil Procedure section Section 384, subd. (b) (“Cy Pres Recipient”), Legal Aid At Work, located at 000 Xxxxxxxxxx Xxxxxx, #600, San Francisco, California 94104. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the via First Class Members via first-class United States Postal Service (“USPS”) mailU.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom a Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom a Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment Payments and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Participating Class Members and/or Aggrieved Employees whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Participating Class Members and/or Aggrieved Employees whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Participating Class Member and/or Aggrieved Employee whose original check was lost or misplaced if misplaced, requested by the Participating Class Member and/or Aggrieved Employee prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check that is uncashed and cancelled canceled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Participating Class Member, Member and/or Aggrieved Employee thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully UFG funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant UFG to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b).. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully ONP funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant ONP to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 days after Defendant Standard fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section § 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully CTI funds the Gross Settlement Amount, the Administrator will mail checks for the initial round of all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the initial round of Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOA.National Change of Address Database. DocuSign Envelope ID: 7BF4E2F8-D94D-43CA-A2F0-9AC691A792C6 b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant CTI to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen 5.1. On a pro rata basis, the Administrator shall proportionately make a total of two (142) calendar payment distributions with the first distribution to be made within thirty (30) days after Defendant fully funds of the Gross Settlement AmountEffective Date and the second distribution to be made within thirty (30) days of the final payment of the Third Installment. For each of these two (2) distributions, the Administrator will mail pro-rata checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 5.2. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty (180) calendar the “void date”, which is 180 days after the date of mailing mailing, when the check will be voided. Before checks are mailed, the Administrator shall update address information through the National Change of Address database. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. If a Participating Class Member’s or Aggrieved Employee’s check is not cashed within 120 days after its last mailing to the affected individual, the Administrator will also send the individual a notice informing him or her that unless the check is cashed by the void date, it will expire and become non-negotiable, and offer to replace the check if it was lost or misplaced but not cashed. b. 5.3. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 5.4. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 5.5. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided, which shall be 180 days (hereinafter “Void Date”). The Administrator will cancel all checks not cashed by the void dateVoid Date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void dateVoid Date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully ECF funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class DocuSign Envelope ID: 0E0B08D4-BB08-44AA-BF68-AC18FB6F1172 Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant ECF to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without a USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks must re-mail the check to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. 5.1. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement AmountAmount (minus amounts already paid pursuant to the individual settlement agreements), the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 5.2. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty (180) calendar the “void date”, which is 180 days after the date of mailing mailing, when the check will be voided. Before checks are mailed, the Administrator shall update address information through the National Change of Address database. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment with Employee Paid Taxes withheld and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 5.3. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 5.4. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 5.5. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action, Collective Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen fifteen (1415) calendar days after Defendant fully Flowserve funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or and Individual PAGA Payments and send them to the Participating Settlement Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Settlement Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send issue checks for Individual PAGA Payments and send them to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Settlement Class Member Address Search for all other Participating Settlement Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Participating Settlement Class Member Address Search. The Administrator need not take further steps to deliver checks to Participating Settlement Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Participating Settlement Class Member whose original check was lost or misplaced if misplaced, requested by the Settlement Class Member prior to the void date. c. 4.4.3. For any Settlement Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of a Court- approved nonprofit organization or foundation consistent with Code of Civil Procedure section Section 384, subd. (b) (“Cy Pres Recipient”), Legal Aid Foundation of Los Angeles (LAFLA). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Flowserve to confer any additional benefits or make any additional payments to Settlement Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. 5.1. Within fourteen (14) calendar 14 days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 5.2. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty (180) calendar the “void date”, which is 180 days after the date of mailing mailing, when the check will be voided. Before checks are mailed, the Administrator shall update address information through the National Change of Address database. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. If a Participating Class Member’s or Aggrieved Employee’s check is not cashed within 120 days after its last mailing to the affected individual, the Administrator will also send the individual a notice informing him or her that unless the check is cashed by the void date, it will expire and become non-negotiable, and offer to replace the check if it was lost or misplaced but not cashed. b. 5.3. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 5.4. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 5.5. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully Freedom funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, cy pres San Diego County Bar Foundation thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Freedom to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 15 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). The Parties acknowledge that California Civil Procedure Code section 384 and the Doctrine of Cy Pres are not applicable to this Settlement because the terms of this Settlement Agreement expressly provide for the disposition of the entire Gross Settlement Amount, whether claimed or unclaimed. d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 business days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.3.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.3.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as underlived. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.3.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.3.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully EVCHC funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re- mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant EVCHC to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of , and the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Non- Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. . For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.3. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) 14 calendar days after Defendant fully funds the Gross Settlement AmountFinal Payment, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar ten days after Defendant fully Xxxxxxx funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.3.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, PAGA Members including Non-Participating Class Members who qualify as Aggrieved Employees PAGA Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.3.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without a USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.3.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.3.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Xxxxxxx to confer xxxxxx any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully Ambitions funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Representatives Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Representatives Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) less than 180 calendar days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who DocuSign Envelope ID: AC9F757F-60E8-4E69-A505-9939CD2B121B qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks [to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Ambitions to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant Defendants fully funds fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. . For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.3. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen ([14) calendar ] days after Defendant fully XYZ funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS United States Postal Service (“USPS”) forwarding address. Within seven ([7) calendar ] days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks [to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. subdivision (b).] [or to a Court-approved nonprofit organization or foundation consistent with Code of Civil Procedure section 384, subdivision (b) (“Cy Pres Recipient”) ]. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant XYZ to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days 7days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as underlived. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds Bonobos and Observatory fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Participating Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Participating Class Member whose original check was lost or misplaced if misplaced, as requested by the Participating Class Member prior to the void date. c. 4.4.3 For any Participating Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. subdivision (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty ninety (18090) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Allegedly Aggrieved Employees, including Non-Non- Participating Class Members who qualify as Allegedly Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant Defendants fully funds fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void dateVoid Date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose remailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void dateVoid Date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void dateVoid Date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen ten (1410) calendar business days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty the date (180) calendar 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, PAGA Group Members including Non-Participating Class Members who qualify as Aggrieved Employees PAGA Group Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ recipients mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without a USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Controller s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no unpaid residue” residue subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 21 days after Defendant fully DEFENDANT funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant DEFENDANT to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Upon receipt of the $65,000 for costs of administration, the Administrator may withdraw those funds for the stated purpose. Within fourteen (14) 14 calendar days after Defendant fully Southern funds the remaining Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses PaymentPayment to the extent not previously paid, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members who have not opted out (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced misplaced, if requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of a Court-approved nonprofit organization or foundation consistent with Code of Civil Procedure section Section 384, subd. (b) (“Cy Pres Recipient”). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with Restaurants Care, a non-profit program of the California Restaurant Foundation, the intended Cy Pres Recipient. d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Southern to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b).] The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were the Notice Packet was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were the Notice Packet was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the in conformity with California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section Section 384, subdto St. Jude’s Children’s Hospital, the cy pres agreed upon by the Parties and approved by the Court. (b)The Parties, Class Counsel, and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended cy pres recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Defendants funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOASettlement Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled canceled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Ansible funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of a Court-approved nonprofit organization or foundation consistent with Code of Civil Procedure section Section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen ([14) calendar ] days after Defendant fully XYZ funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven ([7) calendar ] days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks [to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b).] [or to a Court-approved nonprofit organization or foundation consistent with Code of Civil Procedure Section 384, subd. (b) (“Cy Pres Recipient”) ]. The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant XYZ to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement. 4.4.5. The Administrator shall remit Employer Taxes within the applicable deadlines established by law.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant Defendants fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to to: (i) confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement; and/or (ii) continue the employment of any Class Member, or otherwise alter the at-will employment status of any Class Member.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Mythical funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Mythical to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 days after Defendant fully Ventura funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Ventura to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Laurel Avenue funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California ControllerState of California’s Unclaimed Property Fund in the name of the Class Memberintended recipient, thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Laurel Avenue to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will must remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose remailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully Defendants funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment, and Employee Paid Taxes. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) less than 180 calendar days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment, with Employee Paid Taxes withheld and paid from the Gross Settlement Amount. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled canceled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class, Collective and Paga Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the remaining Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of the Class Representative Service Payment, Individual Class Payments Payments, and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement. Rather, it is the Parties’ intention that this Settlement Agreement will not affect any rights, contributions, or amounts to which Plaintiff or any Class Member may be entitled under any benefit plans.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Arjo funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. The Administrator may deduct any “stop payment” fees for the original check from the replacement check. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Arjo to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. 5.1. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and Class Representative Service Payments. Disbursement of the Class Counsel Fees Representatives Service Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 5.2. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty (180) calendar the “void date”, which is 180 days after the date of mailing mailing, when the check will be voided. Before checks are mailed, the Administrator shall update address information through the National Change of Address database. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered, as provided in section 5.3). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered, as provided in section 5.3). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. If a Participating Class Member’s or Aggrieved Employee’s check is not cashed within 120 days after its last mailing to the affected individual, the Administrator will also send the individual a notice informing him or her that unless the check is cashed by the void date, it will expire and become non-negotiable, and offer to replace the check if it was lost or misplaced but not cashed. b. 5.3. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 5.4. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 5.5. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully DEFENDANT funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant DEFENDANT to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 days after Defendant fully Elite funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 10 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without a USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b)b).The Parties, Class Counsel and Defense Counsel represent that they have no interest or relationship, financial or otherwise, with the intended Cy Pres Recipient. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar business days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks or initiate wire transfers for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty the date (180) calendar 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California State Controller’s Office of Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b)Property. d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, Administration Expenses Payment, Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment, and Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mail, postage prepaid. The face of each check shall state checks that are not cashed within one hundred eighty (180) calendar days after the date of mailing will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Administrator must update the recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Membercy pres recipient San Benito County Youth Alliance, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully SYR funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California State Controller’s Office, Unclaimed Property Fund in Division. In the name of the Class Memberevent that a check is undeliverable, thereby leaving no “unpaid residue” subject uncashed, or otherwise distributed to the requirements State Controller’s Office, Unclaimed Property Division, the applicable releases in Section 5 of Code of Civil Procedure section 384, subd. (b)this Agreement will nevertheless be binding upon the Participating Class Member and/or Aggrieved Employee. d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully L.A. Southpark funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant L.A. Southpark to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Defendants funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS United States Postal Service (“USPS”) forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. subdivision (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments shall Payment will not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall will prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided, which will be 180 days (hereinafter “Void Date”). The Administrator will cancel all checks not cashed by the void dateVoid Date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator will promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void dateVoid Date, the Administrator shall will transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall will not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully Laundryheap funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments Payments, and Individual PAGA Paymentswill occur simultaneously. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Laundryheap to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully ProLink funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Class Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients' mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS a United States Postal Service ("USPS") forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3 For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of Code of Civil Procedure section 384, subd. subdivision (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant ProLink to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1 The Administrator will issue checks for the Individual Class Payments and/or and Individual PAGA Payments and send them to the Participating Class Members and Aggrieved Employees via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2 The Administrator must conduct a Class Member Address Search for all other Participating Class Members and Aggrieved Employees whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Participating Class Members and Aggrieved Employees whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Participating Class Member and/or Aggrieved Employee whose original check was lost or misplaced if misplaced, requested by the Participating Class Member and/or Aggrieved Employee prior to the void date. c. 4.4.3 For any Participating Class Member and/or Aggrieved Employee whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4 The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Participating Class Members or Aggrieved Employees (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds Defendants fund the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, Individual PAGA Payments, LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients' mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant Defendants to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen seven (147) calendar days after Defendant fully CARGO funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients' mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re- mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. The payment of 4.4.3.1. All Individual Class Payments and and/or Individual PAGA Payments shall be deemed to be paid solely in the year in which such payments actually are received by the Class Members. It is expressly understood and agreed that the receipt of such Individual Class Payments and/or Individual PAGA Payments will not obligate Defendant entitle any Class Member to confer additional compensation or benefits under any additional company bonus, contest, or other compensation or benefit plan or agreement in place during the period covered by the Settlement, nor will it entitle any Class Member to any increased retirement, 401K benefits or make any additional matching benefits, or deferred compensation benefits. It is the intent of this Settlement that the Individual Class Payments and/or Individual PAGA Payments provided for in this Settlement are the sole payments to be made by CARGO to the Class Members, and that the Class Members are not entitled to any new or additional compensation or benefits as a result of having received the individual settlement awards (such as 401(k) contributions notwithstanding any contrary language or bonuses) beyond those specified agreement in any benefit or compensation plan document that might have been in effect during the period covered by this Settlement. 5. RELEASES OF CLAIMS. Effective on the date when CARGO fully funds the entire Gross Settlement Amount and funds all employer payroll taxes owed on the Wage Portion of the Individual Class Payments, Plaintiff, Class Members, and Class Counsel will release claims against all Released Parties as follows:

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar ten 10 business days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty the date (180) calendar 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will also send checks for Individual PAGA Payments to all Aggrieved Employees, including Non-. If the recipient is both a Participating Class Members who qualify as Member and Aggrieved Employees (including those for whom Class Notices were returned undelivered). The Administrator Employees, the Payments may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Paymentbe contained on one check. Before mailing any checks, the Settlement Administrator must update the recipients’ recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar 7 days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s State Controller’s Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no “unpaid residue” “unpaid residue” subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds 27 Defendants fund the Gross Settlement Amount, the Administrator will mail 28 checks for all Individual Class Payments, all Individual PAGA Payments, the 1 LWDA PAGA Payment, the Administration Expenses Payment, the Class 2 Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and 3 the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel 4 Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class 5 Representative Service Payments Payment shall not precede disbursement of Individual 6 Class Payments and Individual PAGA Payments. a. 7 4.4.1. The Administrator will issue checks for the Individual Class Payments 8 and/or Individual PAGA Payments and send them to the Class Members 9 via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall 10 prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing 11 mailing) when the check will be voided. The Administrator will cancel 12 all checks not cashed by the void date. The Administrator will send 13 checks for Individual Settlement Payments to all Participating Class 14 Members (including those for whom Class Notices were Notice was returned 15 undelivered). The Administrator will send checks for Individual PAGA 16 Payments to all Aggrieved Employees, Employees including Non-Participating 17 Class Members who qualify as Aggrieved Employees (including those 18 for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the 20 Individual Class Payment and the Individual PAGA Payment. Before 21 mailing any checks, the Settlement Administrator must update the 22 recipients’ mailing addresses using the NCOA. b. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days National Change of receiving a returned check, the Administrator will remail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator shall send a replacement check to any Class Member whose original check was lost or misplaced if requested by the Class Member prior to the void date. c. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s Unclaimed Property Fund in the name of the Class Member, thereby leaving no “unpaid residue” subject to the requirements of Code of Civil Procedure section 384, subd. (b). d. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this Settlement.Address

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, Class Counsel Attorneys’ Fees Payment, Class Counsel and Litigation Expenses PaymentCosts, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Attorneys’ Fees Payment, Class Counsel and Litigation Expenses Payment, Costs and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are not cashed within one hundred eighty the date (180) calendar 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Settlement Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Settlement Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Settlement Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned retuned undelivered without USPS forwarding address. Within seven (7) calendar days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients' mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar days 7days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no ''unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant to confer any additional benefits or make any additional payments to Class Members (such as 401(k) 40l(k:) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

Payments from the Gross Settlement Amount. Within fourteen (14) calendar 14 days after Defendant fully XXXX funds the Gross Settlement Amount, the Administrator will mail checks for all Individual Class Payments, all Individual PAGA Payments, the LWDA PAGA Payment, the Administration Expenses Payment, the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, and the Class Representative Service PaymentsPayment. Disbursement of the Class Counsel Fees Payment, the Class Counsel Litigation Expenses Payment, Payment and the Class Representative Service Payments Payment shall not precede disbursement of Individual Class Payments and Individual PAGA Payments. a. 4.4.1. The Administrator will issue checks for the Individual Class Payments and/or Individual PAGA Payments and send them to the Class Members via first-class United States Postal Service (“USPS”) mailFirst Class U.S. Mail, postage prepaid. The face of each check shall prominently state checks that are the date (not cashed within one hundred eighty (180) calendar less than 180 days after the date of mailing mailing) when the check will be voided. The Administrator will cancel all checks not cashed by the void date. The Administrator will send checks for Individual Settlement Payments to all Participating Class Members (including those for whom Class Notices were Notice was returned undelivered). The Administrator will send checks for Individual PAGA Payments to all Aggrieved Employees, Employees including Non-Participating Class Members who qualify as Aggrieved Employees (including those for whom Class Notices were Notice was returned undelivered). The Administrator may send Participating Class Members a single check combining the Individual Class Payment and the Individual PAGA Payment. Before mailing any checks, the Settlement Administrator must update the recipients’ mailing addresses using the NCOANational Change of Address Database. b. 4.4.2. The Administrator must conduct a Class Member Address Search for all other Class Members whose checks are returned undelivered without USPS forwarding address. Within seven (7) calendar 3 business days of receiving a returned check, check the Administrator will remail must re-mail checks to the USPS forwarding address provided or to an address ascertained through the Class Member Address Search. The Administrator need not take further steps to deliver checks to Class Members whose re-mailed checks are returned as undelivered. The Administrator shall promptly send a replacement check to any Class Member whose original check was lost or misplaced if misplaced, requested by the Class Member prior to the void date. c. 4.4.3. For any Class Member whose Individual Class Payment check or Individual PAGA Payment check is uncashed and cancelled after the void date, the Administrator shall transmit the funds represented by such checks to the California Controller’s 's Unclaimed Property Fund in the name of the Class Member, Member thereby leaving no "unpaid residue" subject to the requirements of California Code of Civil Procedure section Section 384, subd. (b). d. 4.4.4. The payment of Individual Class Payments and Individual PAGA Payments shall not obligate Defendant XXXX to confer xxxxxx any additional benefits or make any additional payments to Class Members (such as 401(k) contributions or bonuses) beyond those specified in this SettlementAgreement.

Appears in 1 contract

Samples: Class Action and Paga Settlement Agreement

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