Common use of Settlement Administrator Responsibilities Clause in Contracts

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 attempted written or electronic communications with the Named Plaintiffs and Putative Collective Members; (q) confirming in writing to Plaintiffs’ and Defendants’ Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (r) providing the Settling Parties with any information related to the settlement upon request; and (s) such other tasks as called for by this Agreement, ordered by the Court, or on which the Settling Parties agree.

Settlement Administrator Responsibilities. The Settlement Administrator shall be responsible for: (a) establishing preparing, printing and disseminating to the Settlement FundPotential Claimants the Notice Packets and return envelopes and the Reminder Postcards; (b) determining and finalizing the calculations of the individual payments Individualized Settlement Awards and tax withholding amounts for the Named Plaintiffs and Qualified Claimants, as applicable (“Individual Payments”)applicable; (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 Settling Parties on material correspondence sent by Settlement Administrator and promptly notifying such counsel Plaintiffs’ Counsel of any material requests or communications made by any Settling Party Potential Claimant or Putative Collective Member who receives a Notice PacketQualified Claimant and received by Settlement Administrator, as applicable; (fd) receiving and reviewing the Consent to Join Settlement, Release and Release Claim Forms submitted by Named Plaintiffs and Putative Collective Members Potential Claimants to determine eligibility for payment; (ge) receiving and obtaining W-4 and W-9 information from all Qualified Claimants and determining the final settlement payment Individualized Settlement Award for each Qualified Claimant in accordance with this Agreement; (hf) mailing the settlement checks to the Qualified Claimants; (ig) wiring Plaintiffs’ Counsel’s attorneys’ fees fees, costs and litigation expenses, and mailing the Service Payments Awards and settlement payments Individualized Settlement Awards in accordance with this Agreement and any Order of the Court; (jh) in consultation with Liberty Mutual, withholding and paying all Payroll Tax payroll tax obligations of Defendants in accordance with applicable law and this Agreement; ; (ki) in consultation with Liberty Mutual, 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; (lj) ascertaining attempting to ascertain current address and addressee information for each Notice Packet returned as undeliverable; (mk) responding to inquiries from the Potential Claimants regarding the terms of settlement and procedures for returning Consent to Join Settlement, Release and Claim Forms; (l) referring to Plaintiffs’ Counsel all inquiries by the Named Plaintiffs and Putative Collective Members Potential Claimants which the Settlement Administrator cannot resolve and/or which involve matters not within the Settlement Administrator’s duties specified herein; (nm) responding to inquiries of Plaintiffsfrom Settling Parties’ Counsel or Defendants’ Counselcounsel; (on) promptly apprising Settling Parties’ counsel for the Settling Parties of the activities of the Settlement Administrator; (po) maintaining adequate records of its activities, including the date dates of the mailing of the Notice Packets and receipt of Consent to Join Settlement, Release and Release Claim Forms, returned mail and other communications communications, and attempted written or electronic communications with the Named Plaintiffs Potential Claimants and Putative Collective MembersQualified Claimants, as applicable; (qp) confirming in writing to Plaintiffsthe Settling Parties’ counsel and Defendants’ Counsel the Court its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (rq) providing timely responding to communications from the Settling Parties with any or their counsel; (r) preparing a website that will contain information related about the Litigation and settlement and that can only be accessed by Potential Claimants who first enter a personalized login ID and password. The website may also allow Potential Claimants to the settlement upon requestsubmit Consent to Join Settlement, Release and Claim Forms; and (s) such other tasks as called for by this Agreement, ordered by the Court, or on which the Settling Parties mutually agree.

Settlement Administrator Responsibilities. The Settlement Administrator Administrator’s duties shall be include, but are not limited, to being solely and exclusively responsible for: (a) establishing the a Settlement Fund; (b) Fund and qualified settlement fund account, and determining and finalizing the calculations of the individual payments Individual Settlement Payments and tax withholding amounts for the Qualified ClaimantsPlaintiffs and Class Members, as applicable (“Individual Payments”)applicable; (cb) preparing, printing and disseminating to the Named Plaintiffs and Putative Collective Class Members the Notice Packet Packet; (by mail, e-mail and text messagec) and return envelopesubmitting the PAGA Payment to the State of California; (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 potential Individual Settlement Payment for each Class Member and the Final Individual Settlement Payment for each Qualified Claimant Class Member in accordance with this Agreement; (h) mailing the settlement checks to Qualified Claimants; (ie) wiring Plaintiffs’ Counsel’s attorneys’ fees and litigation fees, expenses, and costs and mailing the Service Enhancement Payment and Individual Settlement Payments and settlement payments in accordance with this Agreement and Order of the Court; (jf) paying all Payroll Tax payroll tax obligations of Defendants in accordance with applicable law and this Agreement; (kg) issuing W-2 and 1099 Forms for all amounts paid to Qualified ClaimantsClass Members, Plaintiffs, and separately issuing a 1099 Form to Named Plaintiffs’ Counsel for amounts paid to them for attorneys’ feesCounsel; (lh) ascertaining current address and addressee information for each Notice Packet and check 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; (ni) responding to inquiries of Plaintiffs’ Counsel or Defendants’ Vail’s Counsel; (oj) promptly apprising counsel for the Settling Parties of the activities of the Settlement Administrator; (pk) maintaining adequate records of its activities, including the date of the mailing of the Notice Packets and receipt of Consent to Join and Release Formschecks, returned mail and other communications and attempted written or electronic communications with the Named Plaintiffs and Putative Collective Class Members; (ql) collecting opt-out forms and informing Settling Parties of such Opt-Outs; (m) confirming in writing to Plaintiffs’ and Defendants’ Vail’s Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (rn) providing timely responding to communications from the Settling Parties with any or their counsel; (o) maintaining the confidentiality of Vail’s data, including personal information related to of the settlement upon requestClass Members; (p) setting up a cy pres fund; (q) sending out reminder notices; (r) discharging all of the duties described in Sections III.A.1-4 and III.H.4, and (s) such other tasks as called for by this Agreement, Agreement or ordered by the Court, or on which the Settling Parties agree.

Settlement Administrator Responsibilities. The Settlement Administrator shall be responsible for: (a) establishing the Settlement Fund; (b) a qualified settlement fund and qualified settlement fund account, and determining and finalizing the calculations of the individual payments Potential Gross Settlement Payments (defined below) and tax withholding amounts for the Qualified Claimants, as applicable (“Individual Payments”)applicable; (cb) preparing, printing and disseminating to the Named Plaintiff and Potential Opt-In Plaintiffs and Putative Collective Members the Notice Packet (by mail, e-mail and text message) and return envelope; (dc) preparing creating and launching maintaining a secure, password-protected website (the content of which will be approved by the Settlement Parties) where Named Potential Opt-In Plaintiffs and Putative Collective Members may review additional information regarding the settlement and electronically submit their Consent to Join and Release Forms; (ed) copying counsel for all the Settling Parties on material correspondence and promptly notifying such counsel for the Settling Parties of any material requests or communications made by any Settling Party or Putative Collective Member Potential Opt-In Plaintiff who receives a Notice Packet; (fe) receiving and reviewing the Consent to Join and Release Forms submitted by Named Plaintiff and Potential Opt-In Plaintiffs and Putative Collective Members to determine eligibility for payment; (gf) determining the final settlement payment Individual Settlement Payment for each Qualified Claimant in accordance with this Agreement; (hg) mailing the settlement checks to Qualified Claimants; (ih) wiring Plaintiffs’ Counsel’s attorneys’ fees and litigation fees, expenses, and costs and mailing the Service General Release Payments and settlement payments Individual Settlement Payments in accordance with this Agreement and Order of the CourtApproval Order; (ji) paying all Payroll Tax payroll tax obligations of Defendants Equitable in accordance with applicable law and this Agreement; (kj) issuing Forms 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; (lk) ascertaining current address and addressee information for each Notice Packet returned as undeliverable; (ml) referring to Plaintiffs’ Counsel all inquiries by the Named Plaintiff and Potential Opt-In Plaintiffs and Putative Collective Members the Settlement Administrator cannot resolve and/or which involve matters not within the Settlement Administrator’s duties specified herein; (nm) responding to inquiries of Plaintiffs’ Counsel or Defendants’ CounselEquitable’s counsel; (on) promptly apprising counsel for the Settling Parties of the activities of the Settlement Administrator; (po) 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 attempted written or electronic communications with the Named Plaintiffs Plaintiff and Putative Collective MembersPotential Opt-In Plaintiffs; (qp) confirming in writing to Plaintiffs’ and Defendants’ Equitable’s Counsel its completion of the administration of the settlement and retaining copies of all endorsed settlement checks; (rq) providing timely responding to communications from the Settling Parties with any information related to the settlement upon requestor their counsel; and (sr) such other tasks as called for by this Agreement, ordered by the Court, or on which as the Settling Parties mutually agree.