Payments to Class Members. To determine the Settlement Class Member Payments to Class Members, Defendant shall provide reasonably accessible information and data to Class Counsel’s expert and the Settlement Administrator to determine the Settlement Class Member Payments to the APSN Fee Class. The calculation and implementation of allocations of the Settlement Fund contemplated by this section shall be done by Class Counsel’s expert for the purpose of compensating Class Members. Neither Defendant nor its counsel shall have any responsibility for the calculation and Class Members shall have no recourse against Defendant or Defendant’s Counsel with respect to the calculation. The methodology of Settlement Class Member Payments will be applied to the data as consistently, sensibly, and conscientiously and reasonably as possible, recognizing and taking into consideration the nature and completeness of the data and the purpose of the computations. Consistent with its contractual, statutory, and regulatory obligations to maintain security and protect its customers’ private financial information, Defendant shall make available such additional data and information as may reasonably be needed by Class Counsel’s expert to confirm and/or effectuate the calculations and allocations contemplated by this Agreement. Class Counsel shall confer with Defendant’s counsel concerning any such additional data and information. All such data and information produced by Defendant for the purpose of confirming and/or effectuating the calculations and allocations contemplated by this Agreement shall be returned to Defendant’s counsel or destroyed. The costs of Class Counsel’s expert to make this calculation shall be paid from the Settlement Fund and Defendant agrees to aid in data collection efforts to reduce that cost.
Appears in 1 contract
Samples: Settlement Agreement and Release
Payments to Class Members. To determine the Settlement Class Member Payments to Class Members, Defendant shall provide reasonably accessible information and data to Class Counsel’s 's expert and the Settlement Administrator to determine the Settlement Class Member Payments to the APSN Fee Class. The calculation and implementation of allocations of the Settlement Fund contemplated by this section shall be done by Class Counsel’s 's expert for the purpose of compensating Class Members. Neither Defendant nor its counsel shall have any responsibility for the calculation and Class Members shall have no recourse against Defendant or Defendant’s 's Counsel with respect to the calculation. The methodology of Settlement Class Member Payments will be applied to the data as consistently, sensibly, and conscientiously and reasonably as possible, recognizing and taking into consideration the nature and completeness of the data and the purpose of the computations. Consistent with its contractual, statutory, and regulatory obligations to maintain security and protect its customers’ ' private financial information, Defendant shall make available such additional data and information as may reasonably be needed by Class Counsel’s 's expert to confirm and/or effectuate the calculations and allocations contemplated by this Agreement. Class Counsel shall confer with Defendant’s 's counsel concerning any such additional data and information. All such data and information produced by Defendant for the purpose of confirming and/or effectuating the calculations and allocations contemplated by this Agreement shall be returned to Defendant’s 's counsel or destroyed. The costs of Class Counsel’s 's expert to make this calculation shall be paid from the Settlement Fund and Defendant agrees to aid in data collection efforts to reduce that cost.
Appears in 1 contract
Samples: Settlement Agreement and Release
Payments to Class Members. To determine the Settlement Class Member Payments to Class Members, Defendant shall provide reasonably accessible information and data to Class Counsel’s expert and the Settlement Administrator to determine the Settlement Class Member Payments to the APSN Fee ClassClass Members. The calculation and implementation of allocations of the Settlement Fund contemplated by this section shall be done by Class Counsel’s expert for the purpose of compensating Class MembersMembers and shall to the extent reasonably possible be made on a pro rata basis based on the amount of relevant fees paid by a Class Member. Neither Defendant nor its counsel shall have any responsibility for the calculation and Class Members shall have no recourse against Defendant or Defendant’s Counsel with respect to the calculation. The methodology of Settlement Class Member Payments will be applied to the data as consistently, sensibly, and conscientiously and reasonably as possible, recognizing and taking into consideration the nature and completeness of the data and the purpose of the computations. Consistent with its contractual, statutory, and regulatory obligations to maintain security and protect its customers’ private financial information, Defendant shall make available such additional data and information as may reasonably be needed by Class Counsel’s expert to confirm and/or effectuate the calculations and allocations contemplated by this Agreement. Class Counsel shall confer with Defendant’s counsel concerning any such additional data and information. All such data and information produced by Defendant for the purpose of confirming and/or effectuating the calculations and allocations contemplated by this Agreement shall be returned to Defendant’s counsel or destroyed. The costs of Class Counsel’s expert to make this calculation shall be paid from the Settlement Fund and Defendant agrees to use reasonable efforts to aid in data collection efforts to reduce that cost.
Appears in 1 contract
Samples: Settlement Agreement and Release
Payments to Class Members. To determine the Settlement Class Member Payments to Class Members, Defendant shall provide reasonably accessible information and data to Class Counsel’s 's expert and the Settlement Administrator to determine the Settlement Class Member Payments to the APSN Fee ClassClass Members. The calculation and implementation of allocations of the Settlement Fund contemplated by this section shall be done by Class Counsel’s 's expert for the purpose of compensating Class MembersMembers and shall to the extent reasonably possible be made on a pro rata basis based on the amount of relevant fees paid by a Class Member. Neither Defendant nor its counsel shall have any responsibility for the calculation and Class Members shall have no recourse against Defendant or Defendant’s 's Counsel with respect to the calculation. The methodology of Settlement Class Member Payments will be applied to the data as consistently, sensibly, and conscientiously and reasonably as possible, recognizing and taking into consideration the nature and completeness of the data and the purpose of the computations. Consistent with its contractual, statutory, and regulatory obligations to maintain security and protect its customers’ ' private financial information, Defendant shall make available such additional data and information as may reasonably be needed by Class Counsel’s 's expert to confirm and/or effectuate the calculations and allocations contemplated by this Agreement. Class Counsel shall confer with Defendant’s 's counsel concerning any such additional data and information. All such data and information produced by Defendant for the purpose of confirming and/or effectuating the calculations and allocations contemplated by this Agreement shall be returned to Defendant’s 's counsel or destroyed. The costs of Class Counsel’s 's expert to make this calculation shall be paid from the Settlement Fund and Defendant agrees to use reasonable efforts to aid in data collection efforts to reduce that cost.
Appears in 1 contract
Samples: Settlement Agreement and Release