Settlement Administrator Responsibilities Sample Clauses

Settlement Administrator Responsibilities. The Settlement Administrator shall be responsible for: (a) establishing the Settlement Fund; (b) determining and finalizing the calculations of the individual payments and tax withholding amounts for the Qualified Claimants, as applicable (“Individual Payments”); (c) preparing, printing and disseminating to the Named Plaintiffs and Putative Collective Members the Notice Packet (by mail, e-mail and text message) and return envelope; (d) preparing and launching a website (the content of which will be approved by the Settlement Parties) where Named Plaintiffs and Putative Collective Members may review information regarding the settlement and electronically submit their Consent to Join and Release Forms; (e) copying counsel for all Parties on material correspondence and promptly notifying such counsel of any material requests or communications made by any Settling Party or Putative Collective Member who receives a Notice Packet; (f) receiving and reviewing the Consent to Join and Release Forms submitted by Named Plaintiffs and Putative Collective Members to determine eligibility for payment; (g) determining the final settlement payment for each Qualified Claimant in accordance with this Agreement; (h) mailing the settlement checks to Qualified Claimants; (i) wiring Plaintiffs’ Counsel’s attorneys’ fees and litigation expenses, and mailing the Service Payments and settlement payments in accordance with this Agreement and Order of the Court; (j) paying all Payroll Tax obligations of Defendants in accordance with applicable law and this Agreement; (k) issuing W-2 and 1099 Forms for all amounts paid to Qualified Claimants, and separately issuing a 1099 Form to Named Plaintiffs’ Counsel for amounts paid to them for attorneys’ fees; (l) ascertaining current address and addressee information for each Notice Packet returned as undeliverable; (m) referring to Plaintiffs’ Counsel all inquiries by the Named Plaintiffs and Putative Collective Members the Settlement Administrator cannot resolve and/or which involve matters not within the Settlement Administrator’s duties specified herein; (n) responding to inquiries of Plaintiffs’ Counsel or Defendants’ Counsel; (o) promptly apprising counsel for the Settling Parties of the activities of the Settlement Administrator; (p) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and receipt of Consent to Join and Release Forms, returned mail and other communications and attempte...
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Settlement Administrator Responsibilities. In addition to establishing the Qualified Settlement Fund, the Settlement Administrator shall be responsible for the following: creating a plan of settlement administration and settlement fund distribution; using the Class Information to calculate each Class Member’s approximate Individual Settlement Payment and each PAGA Member’s Individual PAGA Payment; ascertaining the identity and whereabouts of the Class Members and mailing Notice of Class Action Settlement out to them; communicating with Class Members as necessary; printing and mailing the Notice of Class Action Settlement and tax forms to the Participating Class Members and PAGA Members; receiving and reporting requests for exclusion and objections; processing and mailing payments to Plaintiff, Class Counsel, Participating Class Members, the LWDA and PAGA Members; notifying the Parties of, and resolving any disputes regarding, the calculation of Participating Class Members’ Individual Settlement Payments or PAGA Members’ Individual PAGA Payments; complying with all tax reporting notice and filing requirements; carrying out all other duties related to the Qualified Settlement Fund’s documentation and filing; providing declaration(s) as necessary in support of preliminary and/or final approval of this Settlement; providing status reports as needed, among other administrative duties; and other tasks as the Parties mutually agree or the Court orders the Settlement Administrator to perform. The Settlement Administrator shall keep the Parties timely apprised of the performance of all Settlement Administrator responsibilities. Defendants and their Counsel shall have no responsibility for validating or ensuring the accuracy of the Settlement Administrator’s work. Plaintiff, Class Counsel, Defendants and Defendants’ Counsel shall not bear any responsibility for any errors or omissions in the calculation or distribution of the Individual Settlement Payments, Individual PAGA Payments, or any other distribution of monies contemplated by this Agreement.
Settlement Administrator Responsibilities. 27 1. The Settlement Administrator shall be responsible for preparing, printing 28 and mailing to the Settlement Class and the PAGA Aggrieved Employees the Notice of Proposed DocuSign Envelope ID: BDF97D9C-6021-4C02-9621-5C614D6450E7 DocuSign Envelope ID: FF20DA7D-306F-471C-A215-C3D4B805333E 1 Settlement of Class Action attached as Exhibit 2 hereto (the “Class Notice”) as directed by the 2 Court; calculating Class Member Payments and PAGA Payments; calculating and withholding all 3 required state and federal taxes owed by the Settlement Class Members, PAGA Aggrieved 4 Employees, and Defendant; keeping track of opt-outs and objections; drafting and mailing checks 5 to Settlement Class Members and PAGA Aggrieved Employees; distributing Named Plaintiff 6 Enhancement Payments, the Fees Award, the Costs Award, 75% of the PAGA Payment to the 7 LWDA, and Settlement Administration Costs; issuing and reporting on all necessary W-2s and 8 1099s as identified within this Settlement Agreement and relating to distributions of funds made 9 hereunder; providing weekly status reports to counsel for the Parties; providing a due diligence 11 required by the Court; and for such other tasks as the Parties mutually agree or the Court orders 12 the Settlement Administrator to perform. The Parties each represent they do not have any 13 financial interest in the Settlement Administrator or otherwise have a relationship with the 14 Settlement Administrator that could create a conflict of interest. 15 2. The Settlement Administrator’s determination of eligibility for, and the 16 amounts of, any Class Member Payment and share of the PAGA Payment shall be conclusive, 17 final and binding on all Parties, including all Settlement Class Members and PAGA Aggrieved 18 Employees. The Settlement Administrator has no power or ability to increase the amount of the 19 Gross Settlement Amount. 20 3. To the extent any tax returns must be filed for the Gross Settlement Amount 21 pursuant to this Settlement Agreement, the Settlement Administrator shall cause to be timely and 22 properly filed all informational and other tax returns, if any, necessary with respect to the Gross 23 Settlement Amount. Such returns shall be consistent with this paragraph. Any expenses and/or 24 costs incurred in connection with the operation and implementation of this paragraph (including, 25 without limitation, reasonable expenses of tax attorneys, accountants or other designees retained 26 by the Settlement Administr...

Related to Settlement Administrator Responsibilities

  • Provider Responsibilities The Private Child-Caring Facility (PCC) (a.k.a., Provider) must comply with the following requirements:

  • Contractor Responsibilities 19.1. Contractor shall perform national criminal history checks for Ohio, Indiana, and Kentucky, and 10-panel drug screening tests on all prospective employees performing work under this RFP or coming onto a CMHA property and any resulting contract and provide summaries of the results to the Authority if requested. For the purposes of this section, the term “employees” includes contractor. Prospective employees whose criminal background check discloses a misdemeanor or felony involving crimes of moral turpitude, sexual offenses or harm to persons or property shall not be employed to perform work under this RFP or any resulting contract. Contractor is required to perform drug screening of all employees and to ensure acceptable test results. Criminal history and drug screening checks will be completed at the sole expense of the contractor. Any employee of the Contractor suspected of being under the influence of drugs and or alcohol will be reported to the appropriate personnel at CMHA and/or other local law enforcement. If the employee is determined to be under the influence of drugs or alcohol in any form or manner, or believed by proper authority to be dealing in illicit sale of alcohol or drugs they will be removed and shall not be allowed to return to any job site on the Authority’s property. The Contractor’s contract may be suspended and/or terminated should such a situation occur or if the Contractor fails to submit results pursuant to this section. 19.1.1. If CMHA requests additional drug screening, the test shall be performed within 24 hours and the summary shall be sent directly to CMHA from the testing facility. 19.2. Contractor(s) shall provide uniforms and ID Badges identifying Contractor for all employees working on CMHA’s properties. No employees will be allowed on CMHA’s properties out of uniform and without his/her ID badge on his/her person. Contractor(s) must submit a picture of the uniform and a sample of his/her ID badge if requested by CMHA. 19.3. Contractor’s personnel shall be neat and conduct all work in a professional and efficient manner. If any employee of Contractor is deemed unacceptable by CMHA, Contractor shall immediately replace such personnel with an acceptable substitute to CMHA. 19.4. Contractor(s) shall practice acceptable safety precautions so as not to cause harm to any persons or property while performing services under this RFP or any resulting contract. Contractor(s) shall follow industry safety standards, and use only industry approved safety equipment in accordance with the manufacturer’s specifications in the performance of all duties. 19.5. Contractor(s) shall pay all of its employees, including any and all approved Sub-Contractors, at least the legal minimum wages as determined by the United States Department of Labor and the United States Department of Housing and Urban Development and Department of Labor Prevailing Wage. Wage Determinations can be accessed via the Department of Labor website, xxx.xxxx.xxx. 19.6. Upon completion of the work, Contractor(s) shall clean up the area where the work was performed and Contractor(s) shall remove any debris generated by the products and/or services at CMHA premises. At no time, will Contractor(s) discard debris into any CMHA refuse container. 19.7. Contractor(s) shall clearly mark all work areas that might reasonably be expected to endanger the health and safety of residents, guests, or any other persons. Contractor(s) will provide such signs, markers and barricades as required to identify all work areas and minimize inherent dangers. 19.8. The contractor shall be responsible for notifying CMHA immediately of any damages (i.e. fire, container leaking) deemed to be a health or safety hazard whether the damage is caused by the contractor or other means. 19.9. The Contractor shall be responsible for safeguarding all CMHA property provided for Contractor use. At the close of each workday, CMHA facilities, property and materials shall be inspected and secured.

  • Custodial Responsibilities (a) Each Custodian shall provide access to the Mortgage Loan Documents in possession of the applicable Custodian regarding the related Mortgage Loans and REO Property and the servicing thereof to the Trustee, the Certificateholders, the FDIC, and the supervisory agents and examiners of the FDIC, such access being afforded only upon reasonable prior written request and during normal business hours at the office of the applicable Custodian. Each Custodian shall allow representatives of the above entities to photocopy any of the records and documentation and shall provide equipment for that purpose at the expense of the person requesting such access. (b) Each Custodian may resign from its obligations hereunder upon 60 days' prior written notice to the Trustee, the Depositor, the Securities Administrator and the Servicers. Such resignation shall take effect upon (i) the appointment of a successor Custodian reasonably acceptable to the Depositor within such 60 day period; and (ii) delivery of all Mortgage Loan Files to the successor Custodian. The Trustee shall have the right, but not the obligation, to become the successor Custodian. If no successor Custodian is appointed within 60 days after written notice of such Custxxxxx'x xesignation is received by the Trustee, the applicable Custxxxxx xxx petition a court of competent jurisdiction to appoint a successor Custodian. Upon such resignation and appointment of succesxxx Xxxxxdian, the applicable Custodian shall, at such Custodian's expense, xxxxxxxx transfer to the successor Custodian, as directed in writing by the Trustee, all applicable Mortgage Files being administered under this Agreement. Notwithstanding the foregoing, the Trust Fund, not the applicable Custodian, shall bear the costs relating to the transfer of Mortgage Files if such Custodian shall resign with cause (including such Custodian's resignation due to the failure of such Custodian to be paid xxx xxxx due to such Custodian hereunder). (c) For so long as reports are required to be filed with the Commission under the Exchange Act with respect to the Trust, each Custodian shall not utilize any Subcontractor for the performance of its duties hereunder if such Subcontractor would be "participating in the servicing function" within the meaning of Item 1122 of Regulation AB without the prior written consent of the Depositor, in its sole discretion. (d) Each Custodian shall indemnify the Depositor, the Sponsor, the Securities Administrator and any director, officer, employee, agent and affiliate of the Depositor, the Sponsor or the Securities Administrator and hold them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that any of them may sustain in any way related to (i) the failure of the applicable Custodian to deliver when required any assessment of compliance required to be delivered by the applicable Custodian or (ii) any material misstatement or omission contained in any assessment of compliance provided to be delivered by the applicable Custodian. This indemnity shall survive the termination of this Agreement or the earlier resignation or removal of the applicable Custodian. (e) Notwithstanding anything in this Agreement to the contrary, no Custodian shall be required to deliver, or to cause to be delivered, an assessment of compliance or accountant's attestation report pursuant to Section 3.23 for any fiscal year of the Trust in which the Custodian's Weighted Average Percentage is 5% or less. The "Custodian's Weighted Average Percentage" means, for each fiscal year of the Trust and each Custodian, the quotient, expressed as a percentage, of (A) the aggregate of the Stated Principal Balance for each Distribution Date in such fiscal year of the Mortgage Loans for which such Custodian acted as Custodian divided by (B) the aggregate of the Pool Stated Principal Balance for each Distribution Date in such fiscal year.

  • Administrative Responsibilities Client shall be responsible for orienting Consultant to Client’s policies and procedures regarding the submission of any requisite paperwork which must be tendered for reimbursement by funding entities such as Medicare, Medicaid, or health insurance. Such paperwork may include, but is not limited to, patient care plans, comprehensive patient histories, individual education plans, or Client specific program plans. During the contracted assignment, should Consultant fail to submit paperwork as required per Client’s policies and procedures, Client must notify ProCare in writing within three (3) business days of alleged failure. Failure to notify ProCare before assignment ends shall negate any Client claim to withhold payment due to untimely work and/or paperwork non-compliance by Consultant. Client agrees that all approved time sheets by Client’s assigned representative are not subjected to billing dispute if Client fails to notify ProCare of time sheet and work performed discrepancies.

  • Employer Responsibilities Recognizing the inherent risk(s) in a correctional setting, the Employer is obligated to provide a safe workplace and to educate employees on proper safety procedures and use of protective and safety equipment. The Employer is committed to responding to legitimate safety concerns raised by the Union and employees. The Employer will comply with federal and state safety standards, including requirements relating to first aid training, first aid equipment and the use of protective devices and equipment.

  • Member Responsibilities The Member’s responsibilities shall include, but are not limited to: 3.17.1. Inform the CONTRACTOR of the loss or theft of ID cards, 3.17.2. Present ID cards when using health care services, 3.17.3. Be familiar with the CONTRACTOR’s Health Plan Procedures to the best of their abilities, 3.17.4. Call or contact the CONTRACTOR to obtain information and have questions clarified, 3.17.5. Provide participating network Providers with accurate and complete medical information, 3.17.6. Follow the prescribed course of care recommended by the Provider or let the Provider know the reasons the treatment cannot be followed, as soon as possible, And 3.17.7. Make every effort to keep a scheduled appointment or cancel an appointment in advance of when it is scheduled.

  • Engineer Responsibilities No subcontract relieves the Engineer of any responsibilities under this contract.

  • Agency Responsibilities Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between Agency and a third-party over Agency’s use of Axon Devices.

  • Vendor Responsibilities Note: NO EXCEPTIONS OR REVISIONS WILL BE CONSIDERED IN C-M, O-S, V-W. Indemnification

  • Association Responsibilities The Association shall have, in addition to other responsibilities expressly set forth herein or provided by law, the following responsibilities:

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