Settlement Administrator 59. The Settlement Administrator shall administer various aspects of the Settlement as described in this Agreement, including, but not limited to, effectuating the Notice Program and distributing the Settlement Fund as provided herein.
60. Settlement Administration Costs shall be paid from the Settlement Fund. In the event the Settlement is terminated subsequent to the incurrence of Settlement Administration Costs, TD Bank shall not be entitled to recoup those costs.
61. The duties of the Settlement Administrator are as follows:
a. Use the name and address information for Settlement Class members provided by Defendant in connection with the Notice Program approved by the Court, for the purpose of distributing the Email Notice and Postcard Notice, and later mailing Settlement Class Member Payments to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Defendant to make the Settlement Class Member Payments by a credit to the Current Account Holders’ Accounts;
b. Establish and maintain a post office box for requests for exclusion from the Settlement Class;
c. Establish and maintain the Settlement Website;
d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the questions of Settlement Class members who call with or otherwise communicate such inquiries;
e. Respond to any mailed Settlement Class Member inquiries;
f. Process all requests for exclusion (opt outs) from the Settlement Class;
g. Provide weekly reports to Class Counsel and Defendant that summarize the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information;
h. In advance of the Final Approval Hearing, prepare a declaration or affidavit to submit to the Court confirming that the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly requested exclusion from the Settlement Class, and other information as may be necessary to allow the Parties to seek and obtain Final Approval.
Administrator 11 9. Provide written notice of termination of services to each client being served under this 12 Agreement, within fifteen (15) calendar days of receipt of termination notice. A copy of the notice of 13 termination of services must also be provided to ADMINISTRATOR within the fifteen (15) calendar 14 day period.
15 G. The rights and remedies of COUNTY provided in this Termination Paragraph shall not be 16 exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 17
Contract Administrator The Contract Administrator will monitor and coordinate contract activities on a day-to-day basis.
Contract Administrators All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party’s Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties’ respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party.
