Settlement Administrator to Maintain Records. The Settlement Administrator shall maintain copies of all claims, objections, and opt-outs received. The Settlement Administrator shall provide copies of all objections and opt-outs to the parties.
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Settlement Administrator 10. The Parties agree to the appointment of A.B. Data, Ltd. as Settlement Administrator to perform the services described herein. Defendant shall be solely responsible for the payment of the Settlement Administrator’s fees and costs, including all costs relating to dissemination of class notice and claims administration. Payments to Settlement Class Members will not be reduced or affected in any way by Defendant’s agreement to pay the fees and costs of the Settlement Administrator. 11. The Settlement Administrator shall assist with the various administrative tasks set forth herein and any others necessary to implement the terms of this Agreement and the Proposed Settlement as preliminarily approved, including: (i) sending Email Notice and mailing or arranging for the mailing of the Postcard Notice described herein and submitting to the Parties and Court an affidavit offering proof thereof; (ii) handling email or mail returned as not delivered and making additional mailings as required under the terms of the Agreement; (iii) responding, as necessary, to inquiries from Settlement Class Members; (iv) providing to Class Counsel and Defendant’s Counsel, within three (3) business days of receipt, copies of all objections, motions to intervene, notices of intention to appear, and requests for exclusion from the Settlement Class; (v) preparing a list of all Persons who timely requested exclusion from the Settlement Class and submitting to the Court the Opt- Out List and supporting affidavit no later than ten (10) days before the Fairness Hearing scheduled by the Court; (vi) preparing a list of all Persons who submitted objections to the settlement and submitting an affidavit testifying to the accuracy of that list; (vii) preparing a list of all Persons who make a timely claim; (viii) implementing procedures for processing and handling claims submissions consistent with Section VIII; and (ix) promptly responding to requests for information and documents from Class Counsel, Defendant, and/or Defendant’s Counsel. 12. As set forth herein, the Settlement Administrator shall set up, coordinate, maintain and/or implement (a) the post office box described in Paragraph 29; (b) the live call center as described in Paragraph 28; and (c) the website described in Paragraphs 25-27. 13. In no event shall the Parties or their counsel have any liability for the acts or omissions of the Settlement Administrator, or their agents, employees, or contractors. 14. All information submitted or created in connection with claims program (including all information provided in Claim Forms and the emails and addresses furnished to the Settlement Administrator in order to carry out the notice program) is confidential. Such information may be disclosed only to Defendant, Defendant’s counsel, Class Counsel, the Settlement Administrator, and the Court. Such information may be used only for purposes of performing the obligations and exercising the rights created by this Settlement Agreement or in Court proceedings relating to approval of the Proposed Settlement.
Final Report by Settlement Administrator Within 10 days after the Administrator disburses all funds in the Gross Settlement Amount, the Administrator will provide Class Counsel and Defense Counsel with a final report detailing its disbursements by employee identification number only of all payments made under this Agreement. At least 15 days before any deadline set by the Court, the Administrator will prepare, and submit to Class Counsel and Defense Counsel, a signed declaration suitable for filing in Court attesting to its disbursement of all payments required under this Agreement. Class Counsel is responsible for filing the Administrator's declaration in Court.
Settlement Administration 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by providing Notice and processing Claim Forms in a reasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. Without limiting the foregoing, the Settlement Administrator shall: a. Receive requests to be excluded from the Class and promptly provide Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion forms after the deadline for submission of such forms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel; b. Provide weekly reports to Class Counsel and Defendant’s Counsel regarding the number of Claim Forms received and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; c. Make available for inspection by Class Counsel and Defendant’s Counsel the Claim Forms received by the Settlement Administrator at any time upon reasonable notice. 5.2 The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms where there is evidence of abuse or fraud. The Settlement Administrator shall determine whether a Claim Form submitted by a Class Member is an Approved Claim and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms and conditions of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a person submits a timely Claim Form by the Claims Deadline but the Claim Form is not otherwise complete, then the Settlement Administrator shall give such person reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator by the Claims Deadline, or fourteen
