Common use of Settlement Administration Clause in Contracts

Settlement Administration. 30. All Notice and Settlement Administration Costs will be paid from the Settlement Fund. 31. The Parties agree to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator. 32. The Settlement Administrator will provide Postcard Notice to all Settlement Class Members by United States First Class mail of the settlement terms to all Settlement Class Members for whom they are provided a valid mailing address. The Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of the Settlement Class or object to the Settlement. 33. The Settlement Administrator shall also provide notice via publication if necessary and to the extent such notice is deemed appropriate by the Parties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances. 34. The Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel and LSSI’s Counsel. The Parties shall reasonably cooperate with such requests. 35. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement and any additional processes agreed to by all of Class Counsel and XXXX’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 36. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadline. 37. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness. 38. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Class Counsel and LSSI’s Counsel. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.” 39. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to LSSI, Class Counsel, and LSSI’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. LSSI or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as LSSI may reasonably require. 40. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide Claimants who selected Credit Monitoring services under Paragraph 28(d) with enrollment instructions for those services. 41. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or digital payment selected in consultation with Class Counsel (collectively, “Claim Payment”) to each Claimant in the amount for which each Claimant has submitted a Claim Form approved by the Settlement Administrator or by the Court, for good cause shown, in accordance with the following distribution procedures: a. The Settlement Administrator will first apply the Net Settlement Fund to pay for Credit Monitoring services as described in Paragraph 28(d) claimed by Xxxxxxxxx. After payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 28(a)), Compensation for Lost Time (as described in Paragraph 28(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund.” b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 27. The amount of each Alternative Cash Payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments. Alternative Cash Payments shall be capped at $500 per valid Claimant. 42. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued. 43. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment they received, provided that (I) the total amount of money each such Claimant would receive as a result of this subsequent payment does not exceed $500 when added to the initial Alternative Cash Payment made to such Claimants; and (II) the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). Subject to the foregoing aggregate $500 cap on Alternative Cash Payments to each Claimant, the distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it. Subject to Court approval and administrative feasibility, the distribution to the Non-Profit Residual Recipient shall not identify LSSI. 44. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check. 45. No portion of the Settlement Fund shall revert or be repaid to LSSI after the Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement shall be distributed to the Non-Profit Residual Recipient, as approved by the Court.

Settlement Administration. 3026. All Notice and Settlement Administration Costs will be paid from the Settlement Fund. 3127. The Parties agree agreed to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree agreed to select an experienced class action settlement administrator to serve as the Settlement Administrator. 3228. The Settlement Administrator will provide Postcard Notice to all Settlement Class Members written notice by United States First Class mail of the settlement terms to all Settlement Class Members for whom they are provided a valid mailing address. The Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of the Settlement Class or object to the Settlement. 3329. The Settlement Administrator shall may also provide notice via publication if necessary and to the extent such notice is deemed appropriate by the Parties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances. 3430. The Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of both Class Counsel and LSSINorthStar’s Counsel. The Parties shall reasonably cooperate with such requests. 3531. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement and any additional processes agreed to by all of both Class Counsel and XXXXNorthStar’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 3632. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadline. 3733. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness. 3834. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Class NorthStar’s Counsel and LSSI’s Class Counsel. If the defect is not cured within the 21-21- Day period, then the Claim will be deemed invalid. Where possible, Settlement Class Members submitting deficient claims for reimbursement of certain losses will be provided the Cash Compensation if they fail to timely cure their claim for reimbursement. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.” 3935. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to LSSINorthStar, Class Counsel, and LSSINorthStar’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. LSSI NorthStar or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as LSSI NorthStar may reasonably require. 40. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide Claimants who selected Credit Monitoring services under Paragraph 28(d) with enrollment instructions for those services. 4136. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or digital payment selected in consultation with Class Counsel the Settlement Administrator (collectively, “Claim Payment”) to each Claimant in the amount for which each Claimant has submitted a Claim Form approved by the Settlement Administrator or by the Court, for good cause shown, in accordance with the following distribution procedures: a. The Settlement Administrator will first apply the Net Settlement Fund to pay for Credit Monitoring services as described in Paragraph 28(d) claimed by Xxxxxxxxx. After payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 28(a24(a)), ) and Compensation for Lost Time (as described in Paragraph 28(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c24(b)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Losses and Compensation for Lost Time, and Compensation for Extraordinary Losses Time are made shall be referred to as the “Post-Loss Net Settlement Fund.” b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Alternative Cash Payments Compensation payments as described in Paragraph 2725. The amount of each Alternative Cash Payment Compensation payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments. Alternative Cash Payments shall be capped at $500 per valid ClaimantCompensation. 4237. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissuedreissued unless good cause is provided. 4338. To the extent any monies remain in the Net Settlement Fund more than one hundred and twenty (120) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment Claim Payments they received, provided that (I) the total amount of money each such Claimant would receive as a result of this subsequent payment does not exceed $500 when added to the initial Alternative Cash Payment made to such Claimants; and (II) the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). Subject to the foregoing aggregate $500 cap on Alternative Cash Payments to each Claimant, the The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it. Subject to Court approval and administrative feasibility, the distribution to the Non-Profit Residual Recipient shall not identify LSSI. 4439. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check. 4540. No portion of the Settlement Fund shall revert or be repaid to LSSI NorthStar after the Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement shall be distributed to the Non-Profit Residual Recipient, as approved by the Court.

Settlement Administration. 3031. All agreed-upon and reasonable Notice and Settlement Claims Administration Costs will be paid from the Settlement Fund. 3132. The Parties agree to solicit Class Counsel represent that they solicited competitive bids for settlement Settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator. 3233. The Settlement Administrator will provide Postcard Notice to all Settlement Class Members by United States First Class mail written notice of the settlement Settlement terms to all Settlement Class Members for whom they are Defendant has provided a valid mailing address. The Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of the Settlement Class or object to the Settlement. 33. The Settlement Administrator shall also provide notice via publication if necessary and to the extent such notice is deemed appropriate by the Parties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances. 34. The Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of the Settlement Agreement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel and LSSI’s Counsel. The Parties shall reasonably cooperate with such requests. 35. The Settlement Administrator will administer the claims settlement process in accordance with the terms of the Settlement Agreement and any additional processes agreed to as directed by all of Class Counsel and XXXX’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 36. To make a claim, a The Notices provided to Settlement Class Members shall require the Class Member must complete to indicate their preferred disbursement methods and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at provide the Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadlinerequired financial information. 37. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness. 38. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Class Counsel and LSSI’s Counsel. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.” 39. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred Within sixty (36060) Days after entry days of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to LSSI, Class Counsel, and LSSI’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. LSSI or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as LSSI may reasonably require. 40. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise make best efforts to provide Claimants Settlement Class Members who selected Credit Monitoring services under Paragraph 28(d) submitted a valid and timely claim for CMIS benefits with enrollment instructions instruction for those servicesthe CMIS. 4138. Subject to For each Settlement Class Member from which the terms Settlement Administrator receives a valid, completed and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Datetimely Claim Form with correct financial information, the Settlement Administrator shall mail or otherwise provide a payment via check disburse any monies due to that Settlement Class Members (“Claim Check”) or digital payment selected in consultation with Class Counsel (collectivelyi.e., the “Claim Payment”) to each Claimant in the amount for which each Claimant has submitted a Claim Form approved by using the Settlement Administrator or by the Court, for good cause shown, in accordance with the following distribution procedures: a. The Settlement Administrator will first apply the Net Settlement Fund to pay for Credit Monitoring services as described in Paragraph 28(d) claimed by Xxxxxxxxx. After payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses Class Member’s preferred method within twenty-one (as described in Paragraph 28(a)), Compensation for Lost Time (as described in Paragraph 28(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund.” b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 27. The amount of each Alternative Cash Payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments. Alternative Cash Payments shall be capped at $500 per valid Claimant. 42. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued. 43. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (12021) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment they received, provided that (I) the total amount of money each such Claimant would receive as a result of this subsequent payment does not exceed $500 when added to the initial Alternative Cash Payment made to such Claimants; and (II) the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). Subject to the foregoing aggregate $500 cap on Alternative Cash Payments to each Claimant, the distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it. Subject to Court approval and administrative feasibility, the distribution to the Non-Profit Residual Recipient shall not identify LSSI. 44. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check. 45. No portion of the Settlement Fund shall revert or be repaid to LSSI after the Effective Date. 39. Any residual funds remaining in Settlement Class Members who do not provide their preferred method of disbursement or do not provide valid financial account information by the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement Claims Deadline shall be distributed deemed to the Non-Profit Residual Recipient, as approved by the Courthave unclaimed their Settlement Benefit.

Settlement Administration. 3026. All agreed-upon and reasonable Notice and Settlement Claims Administration Costs will be paid from the Settlement Fund. 3127. The Parties agree to solicit Class Counsel represent that (i) they solicited competitive bids for settlement Settlement administration, including Notice and Claims Administration Costs; (ii) they believe that Email Notice, to rely upon where available, and Postcard Notice, is appropriate under the circumstances; and (iii) they will direct the Settlement Administrator to utilize other appropriate forms of notice where if practicable, all in order to contain the administration costs Notice and Claims Administration Costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator. 3228. The Settlement Administrator will provide Postcard Notice to all Settlement Class Members by United States First Class mail written notice of the settlement Settlement terms to all Settlement Class Members for whom they are Defendant has provided a valid mailing address or email address. The Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-skip- tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of the Settlement Class or object to the Settlement. 33. The Settlement Administrator shall also provide notice via publication if necessary and to the extent such notice is deemed appropriate by the Parties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances. 3429. The Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of the Settlement Agreement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel and LSSI’s Counsel. The Parties shall reasonably cooperate with such requests. 3530. The Settlement Administrator will administer the claims settlement process in accordance with the terms of the Settlement Agreement and any additional processes agreed to as directed by all of Class Counsel and XXXX’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 3631. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be submitted on the Settlement Website or postmarked no later than the Claim Claims Deadline. 3732. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, Form for validity, timeliness, and completeness. 3833. If, in the determination of the Settlement Administrator, the a Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Class Defendant’s Counsel and LSSI’s Class Counsel. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalidinvalid and denied by the Settlement Administrator. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day periodtimely cured, shall be considered “Claimants.” 3934. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred and sixty (360) Days after entry of the a Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to LSSIDefendant, Class Counsel, Counsel and LSSIDefendant’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and SettlementAgreement. LSSI Class Counsel or the Settlement Administrator will provide other reports or information that the Court may request require or that the Court or Class Counsel Parties may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as LSSI may reasonably requirerequest. 4035. Subject to the terms and conditions of this Settlement Agreement, fourteen forty-five (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide Claimants who selected Credit Monitoring services under Paragraph 28(d) with enrollment instructions for those services. 41. Subject to the terms and conditions of this Settlement Agreement, fourteen (1445) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or digital payment selected in consultation with Class Counsel electronic means (collectively, a “Claim Payment”) to each Claimant in for their pro rata share of the amount for which each Claimant has submitted a Claim Form approved by the Net Settlement Administrator or by the Court, for good cause shownFund, in accordance with the following distribution procedures: a. The Settlement Administrator will first apply shall utilize the Net Settlement Fund to pay purchase one year of Privacy Shield services for Credit Monitoring services all Settlement Class Members who claim that benefit as described in Paragraph 28(d) claimed by Xxxxxxxxx. After payment of costs related 25 and to Credit Monitoring services, the Settlement Administrator will next allocate make all Cash Compensation payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 28(a)), Compensation for Lost Time (as described in Paragraph 28(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund35.” b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 27. The amount of each Alternative Cash Claim Payment shall be calculated by dividing the Post-Loss Net Settlement Fund (less the cost of one year of Privacy Shield services for Settlement Class Members who claim that benefit) by the number of valid claims for Alternative Cash Payments. Alternative Cash Payments shall be capped at $500 per valid ClaimantCompensation. 4236. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days Days of their date of issue shall not be reissued. The Settlement Administrator may also provide for payment of Claim Payments via electronic means. 4337. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) days Days after the distribution of all Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment Claim Payments they received, provided that (I) the total amount of money each such Claimant would receive as a result of this subsequent payment does not exceed $500 when added to the initial Alternative Cash Payment made to such Claimants; and (II) the average payment amount is equal to or greater than Three Dollars three dollars and No Cents zero cents ($3.00). Subject to the foregoing aggregate $500 cap on Alternative Cash Payments to each Claimant, the The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars three dollars and No Cents zero cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to by mutual agreement of the Non-Profit Residual Recipient. Should any amount remain in Parties with approval by the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it. Subject to Court approval and administrative feasibility, the distribution to the Non-Profit Residual Recipient shall not identify LSSICourt. 4438. For any Claim Check or Claim Payment returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check Payment within thirty (30) Days after the check or electronic payment is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim CheckCheck or Claim Payment. 4539. No portion of the Net Settlement Fund shall revert or be repaid to LSSI Defendant after the Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement shall be distributed to the Non-Profit Residual Recipient, as approved by the Court.

Settlement Administration. 3033. All Notice and Settlement Administration Costs will be paid from the Settlement Fund. 3134. The Parties agree to solicit competitive bids for settlement administration, including Notice and Claims Administration Costs, to rely upon Postcard Notice and SSN Postcard Notice, and to utilize other appropriate forms of notice where practicable, all in order to contain the administration costs while still providing effective notice to the Settlement Class Members. Based on this competitive bidding process, the Parties agree to select an experienced class action settlement administrator to serve as the Settlement Administrator. 3235. The Settlement Administrator will provide SSN Postcard Notice to all SSN Settlement Class Members and Postcard Notice to all other Settlement Class Members by United States First Class mail of the settlement terms to all Settlement Class Members for whom they are provided a valid mailing address. The Settlement Administrator shall perform skip-tracing for any returned mail and shall re-mail notice to any Settlement Class Members whose addresses are uncovered by skip-tracing. Settlement Class Members shall have sixty (60) Days from the date the notice is mailed to opt out of the Settlement Class or object to the Settlement. 3336. The Settlement Administrator shall also provide notice via publication if necessary and to the extent such notice is deemed appropriate by the Parties in consultation with the Settlement Administrator in order to provide the best notice practicable under the circumstances. 3437. The Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of the Settlement and any orders of the Court. The Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by all of Class Counsel Counsel, Guardian and LSSIActimize’s Counsel, and Xxxxxxx Bank’s Counsel. The Parties shall reasonably cooperate with such requests. 3538. The Settlement Administrator will administer the claims process in accordance with the terms of the Settlement and any additional processes agreed to by all of Class Counsel and XXXXGuardian and Actimize’s Counsel, and Xxxxxxx Bank’s Counsel, subject to the Court’s supervision and direction as circumstances may require. 3639. To make a claim, a Settlement Class Member must complete and submit a valid, timely, and sworn Claim Form. A Claim Form shall be submitted online at the Settlement Website or by U.S. mail and must be postmarked no later than the Claim Deadline. 3740. The Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted, for validity, timeliness, and completeness. 3841. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and the Settlement Class Member shall have twenty-one (21) Days from the date of the written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to Class Counsel Counsel, Guardian and LSSIActimize’s Counsel, and Xxxxxxx Bank’s Counsel. If the defect is not cured within the 21-Day period, then the Claim will be deemed invalid. All Settlement Class Members who submit a valid and timely Claim Form, including a Claim Form deemed defective but cured within the 21-Day period, shall be considered “Claimants.” 3942. The Settlement Administrator will maintain records of all Claim Forms submitted until three hundred sixty (360) Days after entry of the Final Judgment. Claim Forms and supporting documentation may be provided to the Court upon request and to LSSIGuardian, Actimize, Xxxxxxx Bank, Class Counsel, Guardian and LSSIActimize’s Counsel, and Xxxxxxx Bank’s Counsel to the extent necessary to resolve claims determination issues pursuant to this Settlement Agreement and Settlement. LSSI Defendants or the Settlement Administrator will provide other reports or information that the Court may request or that the Court or Class Counsel may reasonably require. Class Counsel or the Settlement Administrator will provide other reports or information as LSSI Guardian, Actimize, and Xxxxxxx Bank may reasonably require. 4043. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide Claimants who selected Credit Monitoring services under Paragraph 28(d30(d) with enrollment instructions for those services. 4144. Subject to the terms and conditions of this Settlement Agreement, fourteen (14) Days after the Effective Date, the Settlement Administrator shall mail or otherwise provide a payment via check (“Claim Check”) or digital payment selected in consultation with Class Counsel (collectively, “Claim Payment”) to each Claimant in the amount for which each Claimant has submitted a Claim Form approved by the Settlement Administrator or by the Court, for good cause shown, in accordance with the following distribution procedures: a. The Settlement Administrator will first apply the Net Settlement Fund to pay for Credit Monitoring services as described in Paragraph 28(d30(d) claimed by XxxxxxxxxClaimants. After payment of costs related to Credit Monitoring services, the Settlement Administrator will next allocate payments for valid claims for Compensation for Ordinary Losses (as described in Paragraph 28(a30(a)), Compensation for Lost Time (as described in Paragraph 28(b30(b)), and Compensation for Extraordinary Losses (as described in Paragraph 28(c30(c)). The amount of the Net Settlement Fund remaining after all payments for Credit Monitoring, Compensation for Ordinary Losses, Compensation for Lost Time, and Compensation for Extraordinary Losses are made shall be referred to as the “Post-Loss Net Settlement Fund.” b. The Settlement Administrator shall then utilize the Post-Loss Net Settlement Fund to make all Alternative Cash Payments as described in Paragraph 2731. The amount of each Alternative Cash Payment shall be calculated by dividing the Post-Loss Net Settlement Fund by the number of valid claims for Alternative Cash Payments. In making this calculation, each Tier 1 Alternative Cash Payments Payment claim will be counted as two claims, while each Tier 2 Alternative Cash Payment claim will be counted as one claim. Each Tier 1 Alternative Cash Payment shall be capped at $500 per valid Claimantexactly two times the amount of each Tier 2 Alternative Cash Payment. 4245. Each Claim Check shall be mailed to the address provided by the Claimant on his or her Claim Form. All Claim Checks issued under this section shall be void if not negotiated within ninety (90) calendar days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued. 4346. To the extent any monies remain in the Net Settlement Fund more than one hundred twenty (120) days after the distribution of Claim Payments to the Claimants, a subsequent payment will be evenly made to all Claimants who claimed an Alternative Cash Payment and cashed or deposited their initial Alternative Cash Payment Claim Payments they received, provided that (I) the total amount of money each such Claimant would receive as a result of this subsequent payment does not exceed $500 when added to the initial Alternative Cash Payment made to such Claimants; and (II) the average payment amount is equal to or greater than Three Dollars and No Cents ($3.00). Subject to the foregoing aggregate $500 cap on Alternative Cash Payments to each Claimant, the The distribution of this remaining Net Settlement Fund shall continue until the average payment amount in a distribution is less than Three Dollars and No Cents ($3.00), whereupon the amount remaining in the Net Settlement Fund, if any, shall be distributed to the Non-Profit Residual Recipient. Should any amount remain in the Net Settlement Fund following the redistributions, the parties will petition and obtain approval from the Court as to the Non-Profit Residual Recipient and to distribute the remaining funds to it. Subject to Court approval and administrative feasibility, the distribution to the Non-Profit Residual Recipient shall not identify LSSI. 4447. For any Claim Check returned to the Settlement Administrator as undeliverable (including, but not limited to, when the intended recipient is no longer located at the address), the Settlement Administrator shall make reasonable efforts to find a valid address and resend the Claim Check within thirty (30) Days after the check is returned to the Settlement Administrator as undeliverable. The Settlement Administrator shall only make one attempt to resend a Claim Check. 4548. No portion of the Settlement Fund shall revert or be repaid to LSSI Guardian after the Effective Date. Any residual funds remaining in the Net Settlement Fund, after all payments and distributions are made pursuant to the terms and conditions of this Agreement shall be distributed to the Non-Profit Residual Recipient, as approved by the Court.