Settlement Claims Administration. 9.1. 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 (1) online via the Settlement Website; (2), by U.S. mail and must be postmarked no later than the Claim Deadline, or (3) by other methods authorized by the Claims Administrator. 9.2. The Claims Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by paying the Individual Settlement Payments in a rational, responsive, cost effective, and timely manner. The Claims Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Claims 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 Defendants’ counsel upon request. The Claims Administrator shall also provide reports and other information to the Court as the Court may require. The Claims Administrator shall provide Class Counsel and Defendants’ counsel with information concerning the Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Claims Administrator, shall submit a timely report to the Court summarizing the work performed by the Claims Administrator, including a report of all amounts paid to each Settlement Class Member. Without limiting the foregoing, the Claims Administrator shall: 9.2.1. Receive Requests for Exclusion and other requests from the Class and promptly provide a copy of such requests to Class Counsel and Defendants’ counsel upon receipt (“the Opt-Out List”). If the Claims Administrator receives any Requests for Exclusion or other requests from the Class after the Objection/Exclusion Deadline, the Claims Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ counsel. 9.2.2. Provide timely reports to Class Counsel and Defendants’ counsel, including without limitation, reports regarding the number of Requests for Exclusion and Objections. 9.2.3. Make available for inspection by Class Counsel or Defendants’ counsel any correspondence or other documents received by the Claims Administrator at any time upon reasonable notice. 9.3. In the exercise of its duties outlined in this Agreement, the Claims Administrator shall have the right to reasonably request additional information from the Parties or any Class Member. 9.4. The Claims Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including, where applicable, by reviewing the evidentiary proof submitted by Settlement Class Members. The Claims Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, if the Claims Administrator makes a determination that claim is the subject of abuse or fraud. The Claims Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty (20) days to provide any requested missing information. The Claims Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Claims Administrator shall occur no later than fourteen (14) days after the Effective Date and the Claims Administrator shall give notice of such validation to counsel on that date. 9.5. Defendants and Defendants’ counsel shall have no liability or responsibility whatsoever for any acts, errors, or omissions of the Claims Administrator or for any investment in or distribution from the Qualified Settlement Fund. 9.6. The Final Approval Hearing shall be set for a date no less than ninety (90) days after the Notice described in Paragraph 7.1 is disseminated.
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Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Claims Administration. 9.1. 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 (1A) online via the Settlement Website; (2), by U.S. mail and must be postmarked no later than the Claim Deadline, or (3) by other methods authorized by the Claims Administrator.
9.2. The Claims Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by paying the Individual Settlement Payments in a rational, responsive, cost effective, and timely manner. The Claims Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Claims 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 Defendants’ counsel upon request. The Claims Administrator shall also provide reports and other information to the Court as the Court may require. The Claims Administrator shall provide Class Counsel and Defendants’ counsel with information concerning the Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Claims Administrator, shall submit a timely report to the Court summarizing the work performed by the Claims Administrator, including a report of all amounts paid to each Settlement Class Member. Without limiting the foregoing, the Claims Administrator shall:
9.2.1. Receive Requests for Exclusion and other requests from the Class and promptly provide a copy of such requests to Class Counsel and Defendants’ counsel upon receipt (“the Opt-Out List”). If the Claims Administrator receives any Requests for Exclusion or other requests from the Class after the Objection/Exclusion Deadline, the Claims Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ counsel.
9.2.2. Provide timely reports to Class Counsel and Defendants’ counsel, including without limitation, reports regarding the number of Requests for Exclusion and Objections.
9.2.3. Make available for inspection by Class Counsel or Defendants’ counsel any correspondence or other documents received by the Claims Administrator at any time upon reasonable notice.
9.3. In the exercise of its duties outlined in this Agreement, the Claims Administrator shall have the right to reasonably request additional information from the Parties or any Class Member.
9.4. The Claims Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including, where applicable, by reviewing the evidentiary proof submitted by Settlement Class Members. The Claims Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, if the Claims Administrator makes a determination that claim is the subject of abuse or fraud. The Claims Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty (20) days to provide any requested missing information. The Claims Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Claims Administrator shall occur no later than Within fourteen (14) days after the Effective Date signing of this Settlement Agreement and Release, ConEd shall engage the Settlement Claims Administrator.
(B) The Settlement Claims Administrator shall give notice of such validation be responsible for: (i) preparing, printing and disseminating to Class Members the Notice and Claim Forms, including resending any Notice and Claim Form returned with a new forwarding address and sending reminder notices; (ii) copying counsel for all Parties on material correspondence; (iii) preparing, monitoring and maintaining a telephone number and website dedicated to this Agreement; (iv) promptly furnishing to counsel on that date.
9.5. Defendants and Defendants’ counsel shall have no liability or responsibility whatsoever for the Parties copies of any actsOpt-Out Statements, errorsObjections, or omissions other written or electronic communications that the Settlement Claims Administrator receives from Class Members; (v) receiving, retaining and reviewing the Claim Forms submitted by Class Members via mail and the website; (vi) keeping track of Opt-Out Statements, including maintaining the original mailing envelope in which the Opt-Out Statement was mailed or an electronic record of when the Opt-Out Statement was uploaded to the website; (vii) mailing the Service Awards and the Settlement Checks to Claimants; (viii) preparing and mailing Class Counsel’s attorneys’ fees, expenses, and costs, service payments, and Settlement Checks in accordance with this Agreement and any order of the Claims Administrator or Court; (ix) issuing tax forms as required for any investment in or distribution all amounts paid from the Qualified Settlement Fund.
9.6. The Final Approval Hearing shall be set ; (x) within five days of receipt, ascertaining current address and addressee information for a date no less than ninety (90) days after each Notice and Claim Form returned as undeliverable and re-mailing the Notice described in Paragraph 7.1 is disseminated.and Claim Form to the current address; (xi) responding to inquiries of Class Members regarding the administration process called for by this Agreement; (xii) referring to Class Counsel all inquiries by Class Members regarding matters not within the Settlement Claims Administrator’s duties specified herein; (xiii) responding to inquiries of Class Counsel and Defense Counsel consistent with the Settlement Claims Administrator’s duties specified herein; (xiv) promptly apprising counsel for the Parties of the activities of the Settlement Claims Administrator;
Appears in 1 contract
Samples: Settlement Agreement
Settlement Claims Administration. 9.1. 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 (1) online via the Settlement Website; (2), by U.S. mail and must be postmarked no later than the Claim Deadline, or (3) by other methods authorized by the Claims Administrator.
9.2. The Claims Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by paying the Individual Settlement Payments in a rational, responsive, cost effective, and timely manner. The Claims Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Claims 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 Defendants’ Defendant’s counsel upon request. The Claims Administrator shall also provide reports and other information to the Court as the Court may require. The Claims Administrator shall provide Class Counsel and Defendants’ Defendant’s counsel with information concerning the Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Claims Administrator, shall submit a timely report to the Court summarizing the work performed by the Claims Administrator, including a report of all amounts paid to each Settlement Class Member. Without limiting the foregoing, the Claims Administrator shall:
9.2.1. 9.1.1 Receive Requests requests for Exclusion exclusion and other requests from the Class and promptly provide a copy of such requests to Class Counsel and Defendants’ Defendant’s counsel upon receipt (“the Opt-Out List”). If the Claims Administrator receives any Requests for Exclusion exclusion forms or other requests from the Class after the Objection/Exclusion Deadlinedeadline, the Claims Administrator shall promptly provide copies thereof to Class Counsel and Defendants’ Defendant’s counsel.
9.2.2. 9.1.2 Provide timely reports to Class Counsel and Defendants’ Defendant’s counsel, including without limitation, reports regarding the number of Requests for Exclusion opt-outs and Objectionsobjections.
9.2.3. 9.1.3 Make available for inspection by Class Counsel or Defendants’ Defendant’s counsel any correspondence or other documents received by the Claims Administrator at any time upon reasonable notice.
9.39.2. In the exercise of its duties outlined in this Agreement, the Claims Administrator shall have the right to reasonably request additional information from the Parties or any Class Member.
9.49.3. The Claims Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including, where applicable, by reviewing the evidentiary proof submitted by Settlement Class Members. The Claims Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, if the Claims Administrator makes a determination that claim is the subject of abuse or fraud. The Claims Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than twenty (20) days to provide any requested missing information. The Claims Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form. The validation of all Claim Forms by the Claims Administrator shall occur no later than fourteen (14) days after the Effective Date Defendant and the Claims Administrator shall give notice of such validation to counsel on that date.
9.5. Defendants and Defendants’ Defendant’s counsel shall have no liability or responsibility whatsoever for any acts, errors, or omissions of the Claims Administrator or for any investment in or distribution from the Qualified Settlement Fund.
9.69.4. The Final Approval Hearing shall be set for a date no less than ninety (90) days after the Notice described in Paragraph 7.1 8.1 is disseminated.
Appears in 1 contract
Samples: Class Action Settlement Agreement