Common use of Settlement Administration Clause in Contracts

Settlement Administration. Subject to approval by the Court, the Settlement Administrator shall be responsible for mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on the status of the claims administration to counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide to the Settlement Administrator a database listing of the names, last known addresses, dates contracted by Xxxxxxxx as distributors during a Covered Period, and social security numbers or dates of birth of the Named Plaintiffs, FLSA Collective Members, and Class Members. The Settlement Administrator will perform the following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the Settlement Administrator as undeliverable along with a report indicating steps taken by the Settlement Administrator to locate updated address information for such Class Members and FLSA Collective Members and to resend the Settlement Notices, and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service;

Settlement Administration. Subject to approval by the Court, the A Settlement Fund will be established with a Settlement Administrator shall selected by Plaintiffs who will be responsible for mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; for: researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on the status of the claims administration of the Settlement to the Parties; resolving any settlement payment dispute, in concert with the counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding all necessary data; setting up, administering and making payments from the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requestssettlement fund; distributing settlement checks; reporting payments and payingwithholding therefrom the Opt-in Plaintiffs’ share of payroll taxes and remitting such funds to the appropriate taxing authorities, as necessaryalong with any associated tax reporting, applicable taxes on settlement payments; return and doing filing requirements, and performing such other things additional duties as the Parties may mutually direct. Within seven (7) days after All disputes relating to the Settlement Administrator’s performance of its duties shall be referred to the Court’s Preliminary Approval, if necessary, which will have continuing jurisdiction over the terms and conditions of this Settlement until all payments and obligations contemplated by this Settlement have been fully carried out. The administration costs will be paid from the Settlement Payment Amount, and shall include all costs necessary to administer the Settlement. The actions of the settlement administrator shall be governed by the terms of the Settlement Agreement. Defendants will provide Class Counsel and the settlement administrator with, as to each Opt-in Plaintiff: 1) name; 2) last known home address; 3) last known personal email address; 4) social security number; and 5) last known telephone number. Plaintiffs’ Counsel will provide to the Settlement Administrator a database listing of the names, last known addresses, dates contracted by Xxxxxxxx as distributors during a Covered Period, and social security numbers or dates of birth of the Named Plaintiffs, FLSA Collective Members, and Class Memberssettlement payment for each Opt-in Plaintiff. The Settlement Administrator will perform the following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing total administrative costs of the Settlement Notices Administrator, including payment for all services and then updated every 14 days thereaftermailings, shall be paid from the Gross Settlement Amount. The Administrator shall: (ia) set up and administer a list qualified settlement fund to disburse settlement payments (“Settlement Fund”); (b) distribute all settlement checks; (c) address questions from Settlement Plaintiffs; (d) prepare and mail all necessary IRS W-2 and 1099 forms; (e) calculate the employer’s share of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned payroll taxes to the Settlement Administrator as undeliverable along with a report indicating steps taken by appropriate federal, state and local taxing authorities; (f) collect and timely remit withholdings and the Settlement Administrator employer’s share of payroll taxes to locate updated address information for such Class Members the appropriate federal, state and FLSA Collective Members local taxing authorities; and (g) perform any other duties necessary to resend effectuate the Settlement Notices, and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service;Agreement.

Settlement Administration. Subject to approval by Class Counsel has selected American Legal Claims Services, LLC as the Court, Settlement Administrator. The Settlement Administrator’s costs associated with the administration of this Settlement shall be paid from the Gross Settlement Fund. The Settlement Administrator shall be responsible for mailing handling class noticing and all aspects of the administration of the distribution of the Gross Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration AgreementsFund, Buy Back Election Formsincluding, but not limited to, (a) the formation of a qualified settlement fund (the “Qualified Settlement Fund”) as authorized by Treasury Regulation 1.486B-1(c) to accept, distribute, and Exclusion Requests; researching otherwise administer the Settlement, including wiring Class Counsel’s Fees and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on the status of the claims administration Counsel’s Expenses to counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election formsClass Counsel, accompanying Amendments and Arbitration Agreementsaccording to such wiring instructions that The Xxxxxxx Firm, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants PC will provide to the Settlement Administrator a database listing Administrator; (b) the determination of the namesTax and Withholding Amounts for each Class member based on the pre-tax amounts shown on Schedule 1, last known addressesas well as the determination of the amount of all applicable employer tax contributions, dates contracted by Xxxxxxxx including, without limitation, the employer’s share of FICA/Medicare tax and any federal and state unemployment tax due (“Employer Portions”); (c) the preparation and mailing of settlement checks to each Class member who does not Opt-out (as distributors during a Covered Perioddefined herein); (d) the withholding, transmittal, and reporting of the Tax and Withholding Amounts and all payroll taxes, and preparing and mailing of all W-2 Forms and/or 1099 Forms, where applicable, and (e) the processing of returned settlement checks as undeliverable, including re-mailing to forwarding addresses and tracing of current addresses The Settlement Administrator shall notify Defendant’s counsel, in writing, of the payment amount necessary to satisfy the Employer Portions, as well as the computation thereof. Defendant shall wire the Employer Portions to the Qualified Settlement Fund simultaneously with the payment of the Gross Settlement Fund. The Class members’ settlement distributions shall be included under the Class member’s name and social security numbers number on a W-2 Form and any applicable state or dates of birth of the Named Plaintiffs, FLSA Collective Members, and Class Members. The Settlement Administrator will perform the following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) local tax form to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the Settlement Administrator as undeliverable along with a report indicating steps taken distributed by the Settlement Administrator to locate updated address information for such Class Members and FLSA Collective Members and to resend the Settlement Notices, and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service;Administrator.

Settlement Administration. Subject to approval by the Court, the The Settlement Administrator shall be responsible for mailing Notice mailings to the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on tracing undeliverable mailings; recording and tracking responses to the status of the claims administration to counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide mailings to the Settlement Administrator Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a database listing of Settlement Fund and depositing the names, last known addresses, dates contracted by Xxxxxxxx as distributors during a Covered PeriodSettlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and social security numbers disbursing to the IRS and other taxing authorities as applicable, the employee’s portion of payroll taxes and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or dates next of birth of the Named Plaintiffskin, FLSA Collective Membersas appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. The Settlement Administrator will perform amend the following functions in accordance with payments reported to the terms IRS if any Class Member Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided to or from the Settlement Administrator or to or from Defendants, Class Counsel, Class Representatives, or the Parties’ experts pursuant to this Settlement Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the Preliminary Approval Orderpurposes of administering this Agreement and not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and the Final Approval Order Parties’ experts shall maintain all such information and Judgment: Provide for data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counselforegoing, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the Settlement Administrator as undeliverable along with may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a report indicating steps taken by nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to locate updated address information select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for such Class Members and FLSA Collective Members and to resend any errors or omissions the Settlement Notices, and/or whose Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Notices have been forwarded Class Members’ portions of taxes attributable to an updated address by the United States Postal Service;Class Member Settlement Payments.

Settlement Administration. Subject to approval by the Court, the Settlement Administrator shall be responsible for mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on the status of the claims administration to counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide to the Settlement Administrator a database listing of the names, last known addresses, dates contracted by Xxxxxxxx Flowers/Oxford as distributors during a Covered Period, and social security numbers or dates of birth of the Named Plaintiffs, FLSA Collective Members, and Class Members. The Settlement Administrator will perform the following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the Settlement Administrator as undeliverable along with a report indicating steps taken by the Settlement Administrator to locate updated address information for such Class Members and FLSA Collective Members and to resend the Settlement Notices, and/or whose Settlement Notices have been forwarded to an updated address by the United States Postal Service;