Settlement Administrator Duties. The Settlement Administrator shall:
a. Use personal information acquired as the result of this Agreement solely for purposes of evaluating and paying Claims under this Agreement.
b. Assign a manager to oversee the protection and appropriate management of personal information and review its internal system to manage the protection of personal information to ensure consistent performance and constant improvement.
c. Take security countermeasures to prevent unauthorized access to personal information and the loss, destruction, falsification and leakage of personal information.
d. If outsourcing the handling of personal information, determine that outsourced companies take steps to ensure appropriate management of the information to prevent leaks of personal or confidential information, and prohibit reuse of information for other purposes.
e. Respond immediately with appropriate measures when necessary to disclose, correct, stop using, or eliminate contents of information.
f. Within one hundred and twenty (120) days after the completion of the latest possible check-cashing period following the conclusion of the Claim Period, and in compliance with applicable retention law, destroy all personal information obtained in connection with this Settlement in a manner most likely to guarantee that such information cannot be obtained by unauthorized Persons.
Settlement Administrator Duties. The Settlement Administrator has a duty to perform or observe all tasks to be performed or observed by the Settlement Administrator contained in this Agreement or otherwise.
Settlement Administrator Duties. The Settlement Administrator will create a Qualified Settlement Fund (“QSF”), to be funded by the Maximum Settlement Amount paid by Urban and administered by the Settlement Administrator. The Settlement Administrator shall have control over the distribution of funds from the QSF, once funded. With respect to the QSF, the Settlement Administrator shall: (1) satisfy all federal, state and local and income and other tax reporting, return, and filing requirements with respect to the QSF and any interest or other income earned by the QSF; and (2) satisfy out of the QSF all fees, expenses and costs incurred in connection with the opening and administration of the QSF and the performance of its duties and functions as described in this Settlement Agreement. The aforementioned fees, costs and expenses shall be treated as and included in the costs of administering the QSF and as Settlement Administration Expenses. The Parties agree to cooperate with the Settlement Administrator and one another to the extent reasonably necessary to carry out the provisions of this Section. If the Court does not enter the Final Approval Order and Judgment or if the Effective Date does not occur, Urban shall not be obligated to wire the aforementioned funds.
Settlement Administrator Duties. 5.1. In addition to issuing Notice as set forth in this Agreement, the Settlement Administrator shall process and administer the Claim Forms submitted by Settlement Class Members, calculate Settlement Class Members’ claims pursuant to this Agreement and the Plan of Allocation, oversee distribution of the Settlement Fund and perform all claims administration procedures necessary or appropriate in connection therewith, all in accordance with the terms of this Agreement. The Settlement Administrator shall also issue to each Plaintiff, Authorized Claimant, and Plaintiffs’ Counsel an IRS Form 1099 for any award or amount paid pursuant to this Stipulation. Defendant, Defendant’s Counsel and the Released Parties shall not have any liability or responsibility for any taxes or tax expenses resulting from the Settlement.
5.2. The Parties shall cooperate in the administration of the Settlement to the extent reasonably necessary to effectuate its terms. Defendant, Defendants’ Counsel and the Released Parties shall, however, have no liability, obligation or responsibility, except as provided for in Section 4.4 above, for the Notice, administration or processing of Claim Forms or disbursement of the Settlement Fund. As long as each submitted Claim Form complies with this Stipulation and the Final Approval Order, Defendant shall not contest or object to any Claim Form or any decision of the Settlement Administrator with respect to accepting or rejecting any Claim Form.
5.3. The Settlement Administrator shall receive the Claim Forms and administer them according to this Agreement and the Plan of Allocation, which is included in the Notice attached hereto as Exhibit B.
5.4. Subject to Section 4.5, any Settlement Class Member who fails to submit a timely and valid Claim Form, and does not timely exclude himself/herself from the Settlement, shall not be eligible to receive any distribution from the Net Settlement Fund or otherwise under this Agreement, but shall in all other respects be bound by all of the terms of this Stipulation, including the terms of the Order and Final Judgment and the releases provided for herein, and shall be permanently barred and enjoined from bringing any action, claim or other proceeding of any kind against any of the Released Parties concerning any of the Released Claims. A Claim Form shall be deemed to be submitted when posted if received with a postmark indicated on the envelope, or on the date emailed or electronically submitted.
5.5. Within ...
Settlement Administrator Duties. 21 1. The Settlement Administrator shall (1) mail and email the Notice and 22 Enhancement Claim Form after performing any address checks required by Section V.B.5; (2) 23 respond to questions from Class Members; (3) distribute Individual Settlement Awards to
Settlement Administrator Duties. The Settlement Administrator shall:
a. Use personal information acquired as the result of this Agreement solely for purposes of administering the Settlement and evaluating and paying Claims under this Agreement.
b. Assign a manager to oversee the protection and appropriate management of personal information and review its internal system to manage the protection of personal information to ensure consistent performance and constant improvement.
c. Take security countermeasures to prevent unauthorized access to personal information and the loss, destruction, falsification, and leakage of personal information.
d. If outsourcing the handling of personal or confidential information, ensure that outsourced companies take steps to ensure appropriate management of the information to prevent leaks of it, and prohibit its reuse for other purposes.
e. Respond immediately with appropriate measures when necessary to disclose, correct, stop using, or expunge information.
f. Within 120 days after the completion of the 180-day check-cashing period following the Claim Period, and in compliance with applicable retention law, destroy all personal information obtained in connection with this Settlement in a manner most likely to guarantee that such information not be obtained by unauthorized Persons.
Settlement Administrator Duties. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement, are as follows:
a. Provide Notice of the Settlement Agreement to Class Members, as discussed under Section 6, below;
b. Establish and maintain a website for requests for exclusion from the Settlement Class;
c. Process all requests for exclusion from the Settlement Class;
d. Provide weekly reports and, no later than five days after the Opt-Out Deadline, a final report to Class Counsel and Defendants that summarize(s) the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information;
e. At Class Counsel’s request, in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class;
f. Review, determine the validity of, and respond to all claims of exclusion; and
g. Perform any Settlement-administration-related function at the instruction of Class Counsel and Defendants.
Settlement Administrator Duties. 5.2.1 The Settlement Administrator shall be responsible for the implementation and administration of the Claims Program, including verification and determination of Claimant eligibility and approval of Settlement Payments to Eligible Claimants, and taking other actions as set forth in this Settlement Agreement. The Settlement Administrator's duties include, but are not limited to:
(a) oversight of the Settlement Phone Number (described below in Section 6.3) and Settlement Website (described below in Section 6.4);
(b) administration of the Notice Plan (described below in Section 6);
(c) administration of Claims, including determination of Eligible Claimants, and issuance of Settlement Payments to Eligible Claimants;
(d) administration of Opt-Out Forms, including determination of valid opt-outs; and
(e) management of communications with Settlement Class Members regarding the Claims Program, including forwarding written inquiries to Class Counsel or the Defendant for a response, if warranted.
5.2.2 The Settlement Administrator shall have the authority to perform all actions, to the extent not expressly prohibited by, or otherwise inconsistent with, any provision of this Settlement Agreement, deemed by the Settlement Administrator to be reasonably necessary for the efficient and timely administration of this Settlement Agreement. This shall include the authority to deny Claims that frustrate the spirit of this Settlement Agreement. A sampling of the Claims shall be made available within five (5) days to either party to this Settlement Agreement that makes such a request.
5.2.3 The Parties shall use their best efforts to include all terms and conditions regarding the Settlement Administrator's duties as set forth in this Settlement Agreement in the service agreement with the Settlement Administrator.
Settlement Administrator Duties. The Settlement Administrator shall be responsible for processing Claim Forms, creating and administering the Settlement Website, reporting opt out information to plaintiff and defense counsel, conducting a reverse look-up and sending out either email or mail Class Notice as set forth in Section 4.3, and fulfilling Valid Claims of Settlement Class Members who request payment of monetary relief.
Settlement Administrator Duties. The Settlement Administrator shall assist with various administrative tasks, including, without limitation, (i) publication and/or mailing or arranging for the publication and/or mailing of the Class Notice and creation and maintenance of a website as further described herein containing all pertinent class action settlement forms and information; (ii) handling returned mail not delivered and making any additional mailings required under Section 8; (iii) responding, as necessary, to inquiries from Class Members and potential Class Members or directing them to Class Counsel; (iv) providing to Class Counsel and counsel for Defendants within five (5) business days of receipt copies of all objections and/or notices of intention to appear, (v) preparing a list of all persons who submitted objections to the settlement and submitting an affidavit attesting to the accuracy of that list; and (vii) providing Defendants’ counsel and Class Counsel within seven (7) business days after the Claim Deadline Date, as described in Section 24 herein, copies of all Claim Forms returned by Class Members. Class Counsel will supply the Settlement Administrator with all information and data reasonably available and necessary to implement its responsibilities under this Agreement. Defendants have provided to Class Counsel, in discovery or otherwise, the available information and data regarding medical claims.
