RETENTION OF SETTLEMENT ADMINISTRATOR AND COSTS. 6.1 Subject to the Court’s approval, Angeion Group shall perform the duties of the Settlement Administrator as described in this Agreement. The Settlement Administrator shall, under the supervision of the Court, undertake the dissemination of Notice and distribution of the monetary relief provided by this Agreement, as well as any other duties specified in this Agreement. The Settlement Administrator will process claims, field calls and correspondence from Settlement Class Members, and disburse amounts from the Total Settlement Fund. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall provide reports and other information to the Court as it may require. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a report to the Court summarizing the work performed by the Settlement Administrator. 6.2 All costs associated with providing notice to the Class Members and disbursement of the Total Settlement Fund, including all costs and expenses related to class notice, distribution of settlement proceeds, reasonable measures to locate potential Class Members, and retaining any class or claims administrator shall be paid from the Total Settlement Fund. Midland’s only responsibility regarding such costs is to fund the Midland Settlement Fund. 6.3 The Settlement Administrator shall administer the Settlement in a cost-effective and timely manner. Without limiting any of its other obligations as stated herein, the Settlement Administrator shall be responsible for mailing the class notice, as defined below, administration of the Total Settlement Fund, and providing all other related support, reporting and administration as further stated in this Agreement. 6.4 Midland will, if necessary, coordinate with the Settlement Administrator to provide the last known address and social security number of each of the Class Members, with Class Counsel’s participation and oversight. Because the information about potential Class Members that will be provided to the Settlement Administrator will consist of confidential, non-public personal information, and other information protected by privacy laws, such information shall be deemed “Confidential- Attorneys’ Eyes Only,” and shall be used only for the purpose of administering this Settlement.
Appears in 1 contract
Samples: Settlement Agreement
RETENTION OF SETTLEMENT ADMINISTRATOR AND COSTS. 6.1 Subject to the Court’s approval5.1. Plaintiff retains CPT Group, Angeion Group shall perform the duties of Inc. as the Settlement Administrator as described in this AgreementAdministrator. The Settlement Administrator shall, under shall be responsible for all matters relating to the supervision administration of the Court, undertake the dissemination of Notice and distribution of the monetary relief provided by this AgreementSettlement, as well set forth herein. Those responsibilities include, but are not limited to, giving notice, obtaining new addresses for returned mail, setting up and maintaining the Settlement Website and toll-free telephone number, fielding inquiries about the Settlement, processing claims, acting as a liaison between Settlement Class Members and the Parties regarding claims information, approving claims, rejecting any claim where there is evidence of fraud, directing the mailing of settlement payments to Settlement Class Members, and any other duties specified in this Agreementtasks reasonably required to effectuate the foregoing. The Settlement Administrator will process claims, field calls and correspondence from Settlement Class Members, and disburse amounts from provide bi-weekly updates on the Total Settlement Fundclaims status to counsel for both Parties. The Settlement Administrator Released Persons shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall provide reports and other information to the Court as it may require. Should the Court requesthave no responsibility for, interest in, or liability whatsoever with respect to, the Parties, in conjunction with actions of the Settlement Administrator, shall submit a report to the Court summarizing the work performed or any payment or transaction executed by the Settlement Administrator.
6.2 5.2. All costs associated with providing notice to the Class Members Notice and disbursement of the Total Settlement Fund, including all costs and expenses related to class notice, distribution of settlement proceeds, reasonable measures to locate potential Class Members, and retaining any class or claims administrator shall Administrative Costs will be paid from the Total Settlement Fund. Midland, and ECA’s only responsibility regarding such costs is to fund the Midland Settlement Fund.
6.3 5.3. The Settlement Administrator shall administer the Settlement in a cost-effective and timely manner. Without limiting any of its other obligations as stated herein, the Settlement Administrator shall be responsible for mailing Mail Notice, Email Notice, Website Notice, the class notice, as defined belowSettlement Website, administration of the Total Settlement FundRelief, and providing all other related support, reporting reporting, and administration as further stated in this Agreement.
6.4 Midland will, if necessary, 5.4. ECA will coordinate with the Settlement Administrator and Class Counsel to provide mailing addresses and email addresses, for those people known to be potential members of the Settlement Class based on ECA’s electronic records, to the extent ECA’s records reflect a last known mailing address or email address and social security number of each of to the Class Members, with Class Counselextent those addresses are readily available in ECA’s participation and oversightelectronic records. Because the information about potential Settlement Class Members that will be provided to the Settlement Administrator will consist of confidentialconfidential information, non-public personal information, and other information protected by privacy laws, any such information shall be deemed “Confidential- Attorneys’ Eyes Only,Confidential” under the protective order entered in the Action, and shall be used only for the purpose of administering this Settlement.
5.5. The Released Persons shall have no liability, obligation, or responsibility whatsoever to any person, including, but not limited to, Settlement Class Members, the Settlement Administrator, Class Counsel, or Plaintiff in connection with (a) the selection of the Settlement Administrator; (b) the administration of the Settlement; (c) the management, distribution, or investment of the Settlement Fund; (d) the processing of claims, including the determination, administration, or calculation of any Claim; (e) any loss suffered by, or fluctuation in the value of, the Settlement Fund; or (g) the disbursement of the Settlement Fund. The Settlement Fund shall indemnify and hold all Released Persons harmless for any Taxes owed with respect to interest earned on the Settlement Fund and related expenses of any kind whatsoever (including, without limitation, Taxes payable by reason of any such indemnification), as well as for any claims related to the administration of the Settlement, the investment of the Settlement Fund, the processing of claims, or the disbursement of the Settlement Fund. ECA shall notify the Settlement Administrator promptly if any of the Released Persons receive any notice of any claim so indemnified.
Appears in 1 contract
Samples: Settlement Agreement
RETENTION OF SETTLEMENT ADMINISTRATOR AND COSTS. 6.1 Subject to the Court5.1. All Notice and Administrative Costs will be paid equally by Defendants, e.g., one-third by RoundPoint, one-third by Great American, and one-third by Xxxxxx of Ohio. No Defendant shall be responsible or liable for paying any other Defendant’s approval, Angeion Group shall perform the duties of the Settlement Administrator as described in this Agreement. The Settlement Administrator shall, under the supervision of the Court, undertake the dissemination proportionate share of Notice and distribution of the monetary relief provided by this AgreementAdministrative Costs, as well as any other duties specified in this Agreement. The Settlement Administrator will process claimsand Settling Plaintiff and Class Counsel agree, field calls and correspondence from all RoundPoint Settlement Class MembersMembers shall be deemed to agree, that Defendants are not jointly and disburse amounts from the Total Settlement Fund. The Settlement Administrator shall maintain reasonably detailed records severally liable for payment of its activities under this Agreement. The Settlement Administrator shall provide reports and other information to the Court as it may require. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a report to the Court summarizing the work performed by the Settlement Administratorsuch amounts.
6.2 All costs associated with providing notice to the Class Members and disbursement of the Total Settlement Fund, including all costs and expenses related to class notice, distribution of settlement proceeds, reasonable measures to locate potential Class Members, and retaining any class or claims administrator shall be paid from the Total Settlement Fund5.2. Midland’s only responsibility regarding such costs is to fund the Midland Settlement Fund.
6.3 The Settlement Administrator shall administer the Settlement in a cost-effective and timely manner. Without limiting any of its other obligations as stated herein, the Settlement Administrator shall be responsible for mailing issuing the class noticeClass Notice, as defined below, providing administration of the Total Claim Settlement FundRelief, and providing all other related support, reporting reporting, and administration as further stated in this Agreement. Defendants may direct the Settlement Administrator to assist with various additional administrative tasks in implementing the Settlement as Defendants shall deem appropriate in their sole discretion.
6.4 Midland will, if necessary, 5.3. Defendants will coordinate with the Settlement Administrator to provide Class Notice to the last known address and social security number of each of the Noticed Class Members, with Class Counsel’s participation and oversightas provided in this Settlement Agreement. Because the information about potential Noticed Class Members that will be provided to the Settlement Administrator will consist consists of confidential, non-public personal information, and other information protected by privacy laws, such the Settlement Administrator will execute a non-disclosure agreement and will take all reasonable steps to ensure that all information shall be deemed “Confidential- Attorneys’ Eyes Only,” and shall provided by Defendants will be used only solely for the purpose of administering implementing the Settlement. Any such information provided to the Settlement Administrator will not be provided to Settling Plaintiff or Class Counsel, except as permitted under this Agreement. The Settlement Administrator shall administer the Settlement in accordance with the terms of this Settlement Agreement and, without limiting the foregoing, shall treat any and all documents, communications, and other information and materials received in connection with the administration of the Settlement as confidential and shall not disclose any such documents, communications, or other information to any person or entity except as provided for in this Settlement Agreement or by the Court’s order. To the extent confidential, non-public personal information about Noticed Class Members is provided to Class Counsel, Class Counsel shall also maintain such information as confidential, not use it for any purpose other than the implementation of the Settlement, and shall not publicly disclose or release it to any person except as provided for in this Settlement Agreement or by the Court’s order.
Appears in 1 contract
Samples: Stipulation and Settlement Agreement
RETENTION OF SETTLEMENT ADMINISTRATOR AND COSTS. 6.1 Subject 5.1. The Parties agree to the Court’s approvaljointly propose, Angeion Group shall perform the duties of and Plaintiffs agree to retain, JND Legal Administration Co. as the Settlement Administrator as described in this AgreementAdministrator. The Settlement Administrator shall, under shall be responsible for all matters relating to the supervision administration of the Court, undertake the dissemination of Notice and distribution of the monetary relief provided by this AgreementSettlement, as well set forth herein. Those responsibilities include, but are not limited to, giving notice, obtaining new addresses for returned mail, setting up and maintaining the Settlement Website and toll-free telephone number, fielding inquiries about the Settlement, processing claims, acting as a liaison between Settlement Class Members and the Parties regarding claims information, approving claims, rejecting any claim where there is evidence of fraud, directing the mailing of settlement payments to Settlement Class Members, and any other duties specified in this Agreementtasks reasonably required to effectuate the foregoing. The Settlement Administrator will process claims, field calls and correspondence from Settlement Class Members, and disburse amounts from provide bi-weekly updates on the Total Settlement Fund. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall provide reports and other information claims status to the Court as it may require. Should the Court request, the counsel for both Parties, in conjunction with the Settlement Administrator, shall submit a report to the Court summarizing the work performed by the Settlement Administrator.
6.2 5.2. All costs associated with providing notice to the Class Members Notice and disbursement of the Total Settlement Fund, including all costs and expenses related to class notice, distribution of settlement proceeds, reasonable measures to locate potential Class Members, and retaining any class or claims administrator shall Administrative Costs will be paid from the Total Settlement Fund. Midland’s , and Defendants’ only responsibility regarding such costs is to fund the Midland Settlement Fund.
6.3 5.3. The Settlement Administrator shall administer the Settlement in a cost-effective and timely manner. Without limiting any of its other obligations as stated herein, the Settlement Administrator shall be responsible for mailing Mail Notice, Email Notice, Website Notice, the class notice, as defined belowSettlement Website, administration of the Total Settlement FundRelief, and providing all other related support, reporting reporting, and administration as further stated in this Agreement.
6.4 Midland will, if necessary, 5.4. Defendants will coordinate with the Settlement Administrator and Class Counsel to provide mailing addresses and email addresses, for those people known to be potential members of the Settlement Class based on Defendants’ electronic records, to the extent Defendants’ records reflect a last known mailing address or email address and social security number of each of to the Class Members, with Class Counsel’s participation and oversightextent those addresses are readily available in Defendants’ electronic records. Because the information about potential Settlement Class Members that will be provided to the Settlement Administrator will consist of confidentialconfidential information, non-non- public personal information, and other information protected by privacy laws, any such information shall be deemed “Confidential- Attorneys’ Eyes Only,Confidential” under the protective order entered in the Consolidated Litigation, Dkt. Nos. 64 & 68, and shall be used only for the purpose of administering this Settlement.
Appears in 1 contract
Samples: Settlement Agreement