Returned Settlement Funds Sample Clauses

Returned Settlement Funds. If a distribution is returned to the Settlement Administrator or Class Counsel as undeliverable, Class Counsel and/or the Settlement Administrator will attempt to locate a current address for the Class member. The Parties agree that any amounts payable to Class members which have not been deposited, negotiated or cashed within 180 days of the initial Settlement distribution to the Class shall be “Residual Funds,” to be distributed as follows: (i) first, used to make distributions to additional Class Members, if any, that may be identified and agreed to by the Parties after Class Counsel have made the initial settlement distribution and who fall within the Class definition herein but who did not appear on Schedule 1 (“Additional Class Members”); (ii) second, distributed to Class members who cashed, negotiated or deposited their initial Settlement disbursement, on a per capita basis in a supplemental distribution (the “Supplemental Distribution”) so long as Class Counsel determines, in their sole discretion, that such distribution is feasible and (iii) last, to the extent any Residual Funds remain, those shall be paid to Second Harvest Food Bank of Central Florida, a non-profit 501(c)(3) charitable organization, as the designated cy pres. For avoidance of doubt, Defendant will receive no reversion of any uncashed/undeliverable settlement checks.