Common use of Settlement Class Members Clause in Contracts

Settlement Class Members. who elect to fill out the Claim Form for 4.5 The Settlement Administrator shall be responsible for, among other things, providing notice as set forth in the Media Plan, processing Claim Form and administering the Settlement Website, Opt-Out process, and Benefit claims process described herein (including receiving and maintaining on behalf of the Court and the Parties any Settlement Class Member correspondence regarding Opt-Out requests from the Settlement Class). The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent Claims and to pay only Valid Claims. The Settlement Administrator and Parties shall have the right to audit Claims and the Settlement Administrator may request additional information from Claimants. If any fraud is detected or reasonably suspected, the Settlement 4.6 The determination of validity of Claims shall occur within thirty (30) days of the Effective Date. The Settlement Administrator shall approve or deny all Claims, and its decision shall be final and binding, except that Plaintiffs’ counsel and Defendants shall have the right to audit claims and to challenge the Settlement Administrator’s decision by motion to the Court. Defendants’ choice not to audit the validity of any one or more Claim Form shall not constitute or be construed as a waiver or relinquishment of any audit or other rights as to any other Claim Form, individually or as a group, and similarly shall not be construed as a waiver or relinquishment by the Party as to any of its audit and other rights under this Agreement. Nothing in this Agreement or claims process creates a claim by any Person against Class Representatives, Defendants, Defendants’ counsel, or the Settlement Administrator based on any determination of a Valid Claim, distributions, or awards made in accordance with this Agreement and the Exhibits hereto, and all relief shall be solely as provided in this Agreement and by its Claims process. Neither Plaintiffs nor Defendants, nor their counsel, shall have any liability whatsoever for any act or omission of the Settlement Administrator. 4.7 Valid Claims shall be paid by check to the Settlement Class Members and mailed to the address provided on the Claim Form as updated in the National Change of Address Database, within forty-five (45) days after the Effective Date except that, in the event of an appeal from final approval that challenges only the award of Attorneys’ Fees and Expenses and/or the Class Representative Service Awards and does not challenge any other aspect of the Settlement and does not raise an argument, theory, or issue that could result in the reversal of final approval

Settlement Class Members. who elect except Named Plaintiff, may opt out of the settlement documented by this Agreement by mailing or faxing the completed Request for Exclusion form that is included with each Settlement Class Member’s Notice, which form Settlement Class Members are required to fill use to opt out of the Claim Form for 4.5 settlement documented by this Agreement. The Settlement Administrator shall request for exclusion from participating in the settlement documented by this Agreement must be responsible forpostmarked or, among other thingsif sent by fax, providing notice as received, no later than the Notice Response Deadline, and must also set forth the particular Settlement Class Member’s name, address, telephone number and last four digits of their Social Security Number, and also be signed and dated by the Settlement Class Member. Any Settlement Class Member, except Named Plaintiff, who submits a valid and timely request for exclusion from participating in the Media Plan, processing Claim Form and administering the Settlement Website, Opt-Out process, and Benefit claims process described herein (including receiving and maintaining on behalf settlement documented by this Agreement shall no longer be a member of the Court and the Parties any Settlement Class Member correspondence regarding Opt-Out requests from the Settlement Class), shall be barred from participating in the settlement documented by this Agreement, shall be barred from objecting to the settlement documented by this Agreement, shall be barred from receiving an Individual Settlement Payment, and shall receive no benefit from the settlement documented by this Agreement. However, Settlement Class Members shall be permitted to rescind their request for exclusion from participating in the settlement documented by this Agreement in writing by submitting a written rescission statement to the Settlement Administrator no later than one (1) business day before the Final Approval Hearing by either fax or U.S. Mail, orally at the Final Approval Hearing, or as otherwise ordered by the Court. If the rescission statement is in writing, it must include the particular Settlement Class Member’s name, address, telephone number and last four digits of their Social Security Number and be signed and dated by the Settlement Class Member. Settlement Class Members will be advised in the Notice of Settlement to contact the Settlement Administrator if they wish to rescind a request for exclusion. The Settlement Administrator will use adequate and customary procedures and standards be directed to prevent the payment of fraudulent Claims and to pay only Valid Claims. The Settlement Administrator and Parties shall have the right to audit Claims and the Settlement Administrator may request additional information from Claimants. If any fraud is detected or reasonably suspected, the Settlement 4.6 The determination of validity of Claims shall occur within thirty (30) days of the Effective Date. The Settlement Administrator shall approve or deny all Claims, and its decision shall be final and binding, except that Plaintiffs’ counsel and Defendants shall have the right to audit claims and to challenge the Settlement Administrator’s decision by motion to the Court. Defendants’ choice not to audit the validity of any one or more Claim Form shall not constitute or be construed as a waiver or relinquishment of any audit or other rights as to any other Claim Form, individually or as a group, and similarly shall not be construed as a waiver or relinquishment by the Party as to any of its audit and other rights under this Agreement. Nothing in this Agreement or claims process creates a claim by any Person against Class Representatives, Defendants, Defendants’ counsel, or the Settlement Administrator based on any determination of a Valid Claim, distributions, or awards made in accordance with this Agreement and the Exhibits hereto, and all relief shall be solely as provided in this Agreement and by its Claims process. Neither Plaintiffs nor Defendants, nor their counsel, shall have any liability whatsoever for any act or omission of the Settlement Administrator. 4.7 Valid Claims shall be paid by check to the advise Settlement Class Members to follow the forgoing procedure to effectuate a rescission. Any Settlement Class Member who does not timely and mailed to the address provided on the Claim Form as updated validly submit a request for exclusion from participating in the National Change settlement documented by this Agreement will automatically become a Participating Settlement Class Member and be bound by all terms and conditions of Address Databasethis Agreement, within forty-five (45) days after including its release of claims, if the Effective Date except thatAgreement is approved by the Court, in and be bound by the event Final Judgment, regardless of an appeal from final approval that challenges only the award of Attorneys’ Fees and Expenses and/or the Class Representative Service Awards and does not challenge any other aspect of the Settlement and does not raise an argument, theory, whether he or issue that could result in the reversal of final approvalshe has objected to this Agreement.

Settlement Class Members. who elect except Named Plaintiff, may opt out of the settlement documented by this Agreement by mailing or faxing a completed written request for exclusion from participating in the settlement documented by this Agreement to fill out the Claim Form for 4.5 The Settlement Administrator shall no later than the Notice Response Deadline indicating they have received the Notice, decided not to participate in the Settlement documented by this Agreement, and desire to be responsible forexcluded from the Settlement documented by this Agreement, among other things, providing notice as set forth in the Media PlanNotice. The request for exclusion from participating in the settlement documented by this Agreement must be postmarked or, processing Claim Form if sent by fax, received, no later than the Notice Response Deadline, and administering must also set forth the particular Settlement Class Member’s name, address, telephone number and last four digits of their Social Security Number, and also be signed and dated by the Settlement WebsiteClass Member. Any Settlement Class Member, Opt-Out processexcept Named Plaintiff, who submits a valid and timely request for exclusion from participating in the settlement documented by this Agreement shall no longer be a member of the Settlement Class, shall be barred from participating in the settlement documented by this Agreement, shall be barred from objecting to the settlement documented by this Agreement, shall be barred from receiving an Individual Settlement Payment, and Benefit claims process described herein shall receive no benefit from the settlement documented by this Agreement. However, Settlement Class Members shall be permitted to rescind their request for exclusion from participating in the settlement documented by this Agreement in writing by submitting a written rescission statement to the Settlement Administrator no later than one (including receiving 1) business day before the Final Approval Hearing by either fax or U.S. Mail, orally at the Final Approval Hearing, or as otherwise ordered by the Court, as set forth in the Notice. If the rescission statement is in writing, it must include the particular Settlement Class Member’s name, address, telephone number and maintaining on behalf last four digits of their Social Security Number and be signed and dated by the Court and Settlement Class Member, as provided in the Parties any Notice. Any Settlement Class Member correspondence regarding Opt-Out requests who does not timely and validly submit a request for exclusion from participating in the settlement documented by this Agreement will automatically become a Participating Settlement Class). The Settlement Administrator will use adequate Class Member and customary procedures be bound by all terms and standards to prevent conditions of this Agreement, including its release of claims, if the payment of fraudulent Claims and to pay only Valid Claims. The Settlement Administrator and Parties shall have Agreement is approved by the right to audit Claims and the Settlement Administrator may request additional information from Claimants. If any fraud is detected or reasonably suspected, the Settlement 4.6 The determination of validity of Claims shall occur within thirty (30) days of the Effective Date. The Settlement Administrator shall approve or deny all ClaimsCourt, and its decision shall be final and binding, except that Plaintiffs’ counsel and Defendants shall have the right to audit claims and to challenge the Settlement Administrator’s decision by motion to the Court. Defendants’ choice not to audit the validity of any one or more Claim Form shall not constitute or be construed as a waiver or relinquishment of any audit or other rights as to any other Claim Form, individually or as a group, and similarly shall not be construed as a waiver or relinquishment bound by the Party as Final Judgment, regardless of whether he or she has objected to any of its audit and other rights under this Agreement. Nothing in this Agreement or claims process creates a claim by any Person against Class Representatives, Defendants, Defendants’ counsel, or the Settlement Administrator based on any determination of a Valid Claim, distributions, or awards made in accordance with this Agreement and the Exhibits hereto, and all relief shall be solely as provided in this Agreement and by its Claims process. Neither Plaintiffs nor Defendants, nor their counsel, shall have any liability whatsoever for any act or omission of the Settlement Administrator. 4.7 Valid Claims shall be paid by check to the Settlement Class Members and mailed to the address provided on the Claim Form as updated in the National Change of Address Database, within forty-five (45) days after the Effective Date except that, in the event of an appeal from final approval that challenges only the award of Attorneys’ Fees and Expenses and/or the Class Representative Service Awards and does not challenge any other aspect of the Settlement and does not raise an argument, theory, or issue that could result in the reversal of final approval