Common use of Short Notice Clause in Contracts

Short Notice. Within twenty-one (21) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Administrator will provide notice to the Settlement Class members as follows: • Via postcard to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • In the event that a Short Notice by email is returned to the Settlement Administrator because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Short Notice. Within twenty-one (21) days of entry of By the Preliminary Approval Order and Notice Commencement Date, the Claims Administrator will begin providing notice to the Settlement Class, which notice shall be substantially completed not later than forty- five fifteen (4515) days after entry of the Preliminary Approval Order, subject Notice Commencement Date. Subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard : i. via mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Membersin Defendant’s possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of members of the Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval OrderUSPS; ii. • In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice; iii. • In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular member of the Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Membersaddresses in Navvis’s records. Before any physical mailing under this paragraph 3.2.3 section occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • In the event that a Short Notice by email is returned to the Settlement Administrator because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return “Return to Sender” Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that Electronically Filed - CITY OF ST. ▇▇▇▇▇ - February 28, 2025 - 11:46 AM the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice “notice commencement date” date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date. • Publishing, on or before the date of mailing the Short Notice, the Claim Form and the Long Notice on the Settlement Website as specified in the Preliminary Approval Order, and maintaining and updating the Settlement Website throughout the Claims Period; • A toll-free help line with live agents shall be made available to provide Settlement Class Members with additional information about the settlement and to respond to Settlement Class Members’ questions, including whether they are members of the Settlement Class and how to submit claims. The Settlement Administrator also will provide copies of the Short Notice, Long Notice, and paper Claim Form, as well as this Settlement Agreement, upon request to Settlement Class Members; and • Contemporaneously with seeking Final Approval of the settlement, Class Counsel and Navvis shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via email to the email addressaddresses provided to ▇▇▇▇▇ Mart when the Settlement Class Members conducted transactions with ▇▇▇▇▇ Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, if available, or postal address, if no in circumstances where a working email address is not available, via mail to the postal address provided to UNITE HERE and/or the Related Parties by when the Settlement Class MembersMembers conducted transactions with ▇▇▇▇▇ Mart. Before any physical mailing under this paragraph 3.2.3 Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-re- send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Summary Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DateDeadline, a Short Summary Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Class Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order (“Notice Commencement Date”) and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice the Short Notice to the Settlement Class members Members as follows: • Via postcard : 10.4.1 via email to the email addressaddresses in Defendants’ possession; 10.4.2 should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, if available, or postal address, if no in circumstances where a working email address is not available, provided via mail to UNITE HERE and/or the Related Parties by the Settlement Class Memberspostal address in Defendants’ possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • In USPS; 10.4.3 in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In ; 10.4.4 in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Short Notice. Within twenty-one (21) 30 days of after the entry of the Preliminary Approval Order (“Notice Date”), and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will shall begin to provide notice to the Settlement Class members as followsthrough the following means: • Via postcard via U.S. mail to the email address, if available, or Class Member’s postal address, if no email address is available, that Defendant provided to UNITE HERE and/or the Related Parties by the Settlement Class MembersAdministrator. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving if the Short Notice is returned Short Notice. as undeliverable; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) 7 days of receiving such information. This shall be the final requirement for mailing. • The date of for each Class Members who did not receive a mailed notice, the first mailing of Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement dateSettlement Administrator (if available).

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via first-class mail or email, as appropriate, to the email address, if available, postal address or postal address, if no email address is available, provided to UNITE HERE and/or found within the Related Parties by the Settlement Class MembersMember Information. Before any physical postal mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Persons in the Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address via first-class mail within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Person in the Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice via first- class mail within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of In the first mailing of event an email sent to a Person in the Settlement Class and containing the Short Notice shall be deemed “bounces” or is not otherwise delivered to the “notice commencement date” for purposes of calculating intended recipient, the opt-out and objection deadlines, and all other deadlines that flow from Claims Administrator will mail the notice commencement dateShort Notice to the postal address provided to the Claims Administrator subject to the address verification processes set forth above.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) days of entry of By the Preliminary Approval Order and Notice Commencement Date, the Claims Administrator will begin providing the Short Notice to the Settlement Class, which provision shall be substantially completed not later than forty- five (45) days after entry of by the Preliminary Approval Order, subject Short Notice Completion Date. Subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice the Short Notice to the Settlement Class members as follows: • : i. Via postcard email to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by those members of the Settlement Class Membersfor whom Defendant has email addresses; ii. Via mail to the postal address in Defendant’s possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of members of the Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval OrderUSPS; iii. In the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice; iv. In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular member of the Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard follows via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by Honeywell for the Settlement Class Members. . (i) Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. • In the event that . (ii) If a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • . (iii) In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within promptly, but in no event later than seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of Docusign Envelope ID: E7AE1CF7-080D-407C-AC99-A2FFB35A6C35 the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or within the Related Parties by the Settlement Class MembersMember Information. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Docusign Envelope ID: E7AE1CF7-080D-407C-AC99-A2FFB35A6C35 Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice notice, using the Short Notice, to the Settlement Class members as follows: • Via postcard via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or within the Related Parties by the Settlement Class MembersMember Information. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) days of entry of By the Preliminary Approval Order and Notice Commencement Date, the Settlement Administrator will begin providing the Short Notice to the Settlement Class, which provision shall be substantially completed not later than forty- five (45) days after entry of by the Preliminary Approval Order, subject Short Notice Completion Date. Subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will provide notice the Short Notice to the Settlement Class members as follows: • : i. Via postcard mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Membersin Defendant’s possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of members of the Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry USPS; ii. Via email to those members of the Preliminary Approval OrderSettlement Class for whom Defendant has email addresses but does not have postal addresses; iii. In the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice; iv. In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular member of the Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twentyforty-one five (2145) days of entry of the Preliminary Approval Order and to be substantially completed not no later than forty- five sixty (4560) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard email to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE Advent Health and/or the Related Parties Released Entities by the Settlement Class Members, to the extent an email address is available for the Settlement Class Member; • Via first-class U.S. Postal Service (“USPS”) mail to the postal address provided to Advent Health and/or the Released Entities by the Settlement Class Members, to the extent an email address is not available for the Settlement Class Member. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; • In the event that a Short Notice by email any notice that has been emailed is returned as undeliverable, the Claims Administrator shall attempt two (2) other email executions, and, if not successful, the Claims Administrator shall send notice via USPS, to the Settlement Administrator because the email extent a current mailing address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. available; • In the event that a Short Notice by USPS any notice is returned to the Settlement Claims Administrator by the USPS because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice notice to the forwarding address within seven (7) days of receiving the returned Short Notice. notice; • In the event that subsequent to the first mailing of a Short Noticenotice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question question, and, if such an address is ascertained, the Settlement Claims Administrator will re-re- send the Short Notice notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing or emailing of the Short Notice notice shall be deemed the “notice commencement dateNotice Commencement Date” for purposes of calculating the optClaims Deadline, Opt-out Out Date and objection Objection Date deadlines, and all other deadlines that flow from the notice commencement dateNotice Commencement Date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) days of after the entry of the Preliminary Approval Order and to be substantially completed not later than forty- five thirty (4530) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard •To all class members for whom PHC is in possession of an email address, via email to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties PHC either by or for the Settlement Class Members; •To all class members for whom PHC does not have in its possession a valid email address (including email addresses that were returned as undeliverable), via mail to the postal address provided to PHC either by or for the Settlement Class. Before any physical mailing under this paragraph 3.2.3 Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • In USPS; •In the event that a mailed Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In ; •In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DateDeadline, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of •Fourteen (14) days prior to the first mailing of Opt-Out and Objection Deadline and also Seven (7) days prior to the Short Notice shall Opt-Out and Objection Deadline, a reminder notice will be deemed transmitted to all Settlement Class Members via e-mail for the “notice commencement date” Settlement Class Members for purposes of calculating whom the optClaims Administrator has been provided by PHC with a valid e-out and objection deadlines, and all other deadlines that flow from the notice commencement datemail.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the 10 Preliminary Approval Order and to be substantially completed not later than forty- 11 five (45) days after entry of the Preliminary Approval Order, and subject to the 12 requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims 13 Administrator will provide notice to the Settlement Class members Members as follows: • : 14 a) Via postcard U.S. mail to the email address, if available, or postal address, if no email all Settlement Class Members for whom a 15 valid U.S. mailing address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Membersknown. Before any physical mailing 16 under this paragraph 3.2.3 occurs, the Settlement Claims Administrator 17 shall run the postal addresses of Settlement Class Members 18 through the USPS United States Postal Service (“USPS”) 19 National Change of Address database to update any change 20 of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • USPS; 21 i. In the event that a mailed Short Notice by email is returned to 22 the Settlement Claims Administrator by the USPS because the email 23 address of the recipient is not no longer valid, and the Settlement 24 envelope contains a forwarding address, the Claims 25 Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the 26 forwarding address within seven (7) days of 27 receiving the returned Short Notice; 28 1 ii. In the event that subsequent to the first mailing of a 2 Short Notice, and at least fourteen (14) days prior to 3 the Opt-Out Date and the Objection DateDeadline, a Short Notice 4 is returned to the Settlement Claims Administrator by the USPS 5 because the address of the recipient is no longer 6 valid, i.e., the envelope is marked “Return to 7 Sender” and does not contain a new forwarding 8 address, the Settlement Claims Administrator shall perform a 9 standard skip trace, in the manner that the Settlement Claims 10 Administrator customarily performs skip traces, in 11 an effort to attempt to ascertain the current address 12 of the particular Settlement Class Member in 13 question and, if such an address is ascertained, the Settlement 14 Claims Administrator will re-send the Short Notice 15 within seven (7) days of receiving such information. 16 This shall be the final requirement for mailing. • The date . 17 b) Via Publication Notice that will be posted and distributed 18 by digital means, in consultation with the Claims 19 Administrator, to provide notice of this Settlement to the first 20 Settlement Class Members for whom Omaha was not able 21 to provide the Claims Administrator with a valid mailing of 22 address; 23 c) Publishing, on or before the Notice Commencement Date, 24 the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlinesNotice, Claim Form, and all other deadlines that flow from Long Notice on the notice commencement date.25 Settlement Website, as specified in the Preliminary 26 Approval Order, and maintaining and updating the website 27 throughout the claim period; 28

Appears in 1 contract

Sources: Class Action Settlement Agreement

Short Notice. Within twenty-one (21) days of entry of On the Preliminary Approval Order Notice Date, and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will shall begin to provide notice Notice to the Class through any one of the following means: • via Class Member email to any email address Defendant provides to the Settlement Class members as followsAdministrator; • in the event that an email bounces or is otherwise undeliverable: • Via postcard approximately 24 to 72 hours after attempting to send the first email Notice (to allow any temporary block at the ISP level to expire), the Settlement Administrator will send a second round of email Notices to any email addresses deemed not to have received the first email Notice due to a bounce or other undeliverable Notice; • after the second email Notice, the Settlement Administrator will conduct an email change of address search for any email address deemed not to have received either the first or second email Notice. The Settlement Administrator will then send an email Notice to any email address updated via this process. • in the event that the foregoing methods fail to result in a successful email send, the Settlement Administrator shall then send Notice to the email address, Class Member via postal address as described below if available, or such postal address, if no email address is available; • for each Class Member who did not receive an emailed Notice, via mail to the Class Member’s postal address that Defendant provided to UNITE HERE and/or the Related Parties by the Settlement Class MembersAdministrator. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving if the Short Notice is returned Short Notice. as undeliverable; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) 14 days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twentyforty-one five (2145) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five sixty (4560) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE Syracuse and/or the Related Parties by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. • In the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first first-mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will must provide notice to the Settlement Class members as follows: • Via postcard via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or within the Related Parties by the Settlement Class MembersMember Information. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard : (i) via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE by Nucor and/or the Related Parties by Released Entities for the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. • In ; (ii) in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In ; (iii) in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs the skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within promptly, but in no event later than seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order (“Notice Commencement Date”) and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard : 9.4.1 via email to the email addressaddresses in Defendant’s possession; 9.4.2 should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, if available, or postal address, if no in circumstances where a working email address is not available, provided via mail to UNITE HERE and/or the Related Parties by the Settlement Class Memberspostal address in Defendant’s possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • In USPS; 9.4.3 in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In ; 9.4.4 in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via email to the email addressaddresses provided to WSU by Settlement Class Members; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, if available, or postal address, if no in circumstances where a working email address is not available, via mail to the postal address provided to UNITE HERE and/or the Related Parties WSU by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-re- send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Summary Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DateDeadline, a Short Summary Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by TMH when the Settlement Class MembersMembers interacted with TMH. Before any physical mailing under this paragraph 3.2.3 Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a mailed Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DateDeadline, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard : (i) via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE by the Defendants and/or the Related Parties Released Entities by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. • In ; (ii) in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • In ; (iii) in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs the skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order (“Notice Commencement Date”) and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via email to the email addressaddresses in Defendants’ possession; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, if available, or postal address, if no in circumstances where a working email address is not available, provided via mail to UNITE HERE and/or the Related Parties by the Settlement Class Memberspostal address in Defendants’ possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twentyforty-one five (2145) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five ninety (4590) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members Members as follows: • Via postcard to the or by email address, if available, or postal address, if no email address is available, provided to UNITE HERE by Defendant and/or the Related Parties by to the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. • In the event that If a Short Notice by email is returned to the Settlement Claims Administrator because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • If a Short Notice is returned to the Claims Administrator by email because the email address of the recipient is not valid, the claims administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five (45) 60 days after the entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will shall begin to provide notice Notice to the Class through any one of the following means: • via Class member email to any email address Defendants provided to the Settlement Class members as followsAdministrator; • in the event that an email bounces or the email is otherwise undeliverable: • Via postcard approximately 24 to 72 hours after attempting to send the first email addressnotice (to allow any temporary block at the ISP level to expire), the Settlement Administrator will send a second round of email notices to any email addresses deemed not to have received the first email notice due to a bounce or other undeliverable notice; • after the second email notice, the Settlement Administrator will conduct an email change of address search for any email address deemed not to have received either the first or second email notice. The Settlement Administrator will then send an email notice to any email address updated via this process. • in the event that the foregoing methods fail to result in a successful email send, the Settlement Administrator shall then send notice to that the Class Member via postal address as described below if available, or such postal address, if no email address is available; • for each Class Member who did not receive an email notice, via mail to the Class Member’s postal address that Defendants provided to UNITE HERE and/or the Related Parties by the Settlement Class MembersAdministrator. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving if the Short Notice is returned Short Notice. as undeliverable; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) 7 days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) 30 days of after the entry of the Preliminary Approval Order (“Notice Date”), and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will shall begin to provide notice to the Settlement Class members as followsthough any one of the following means: • Via postcard via mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Membersin Defendant’s possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving if the Short Notice is returned Short Notice. as undeliverable; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twentyforty-one five (2145) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five sixty (4560) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via via postcard to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE Defendant and/or the Related Parties Released Entities by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) days of entry of By the Preliminary Approval Order and Notice Commencement Date, the Settlement Administrator will begin providing the Short Notice to the Settlement Class, which provision shall be substantially completed not later than forty- five (45) days after entry of by the Preliminary Approval Order, subject Short Notice Completion Date. Subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will provide notice the Short Notice to the Settlement Class members as follows: • : i) Via postcard email to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by those members of the Settlement Class Membersfor whom Defendant has already compiled email addresses on its existing notice list (if any); ii) Via mail to the postal address in Defendant’s possession. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of members of the Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one (21USPS; iii) days of entry of the Preliminary Approval Order. • In the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send resend the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. • ; iv) In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular member of the Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send resend the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via first-class mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE Startek and/or the Related Parties Released Entities by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address via first-class mail within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice via first-class mail within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard via direct mail to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE TUCC and/or the Related Parties Released Entities by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via postcard to the email address, if available, or To all class members for whom CSI is in possession of a postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class Membersvia US mail. Before any physical mailing under this paragraph 3.2.3 Paragraph occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a mailed Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not no longer valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DateDeadline, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date To all class members for whom CSI is in possession of a valid email address, via email, the first Claims Administrator will send notice via email regardless of whether notice has been sent to a postal mailing address as well. • To all class members for whom CSI is in possession of a valid postal address, the Short Notice shall be deemed Claims Administrator will mail a reminder notice fourteen (14) days prior to the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement dateClaims Deadline.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the Preliminary Approval Order Order, and to be substantially completed not later than forty- forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Administrator will provide notice to the Settlement Class members as follows: • Via postcard To all Settlement Class Members for whom AGH is in possession of an email address, via email to the email address, if available, or postal address, if no address provided to the Settlement Administrator by AGH; • To all Settlement Class Members for whom AGH does not have in its possession a Valid email address is available(including email addresses that were returned as undeliverable), via mail to the postal address provided to UNITE HERE and/or the Related Parties by the Settlement Class MembersAdministrator by AGH. Before any physical mailing under this paragraph 3.2.3 Paragraph occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; • In the event that a mailed Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not validno longer Valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; • In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DateDeadline, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer validValid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide commence providing notice to the Settlement Class members, using the appropriate form of Short Notice for members of the Settlement Class and Settlement Subclass, as follows: • Via postcard via electronic mail, in the first instance, to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement Class MembersMembers for whom DCA provides e-mail addresses. In the event any e-mail to a Settlement Class Member is bounced back or otherwise undeliverable, the postal address for such Settlement Class Member shall be used for notice, with such mailing being postmarked within fourteen (14) days of receipt of notice by the Claims Administrator that the e-mail was not delivered; • via direct mail to the postal address provided by DCA. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, Notice a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one thirty (2130) days of after the entry of the 24 Preliminary Approval Order and to be substantially completed not later than forty- 25 five (45) days after entry of the Preliminary Approval Order, and subject to the 26 requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims 27 Administrator will provide notice to the Settlement Class members Members as follows: 28 1 a) Via postcard U.S. mail and/or email to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE and/or the Related Parties by the Settlement all Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. • Before 7 i. In the event that a mailed Short Notice by email is returned to 8 the Settlement Claims Administrator by the USPS because the email 9 address of the recipient is not no longer valid, and the Settlement 10 envelope contains a forwarding address, the Claims 11 Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the 12 forwarding address within seven (7) days of 13 receiving the returned Short Notice; 14 ii. In the event that subsequent to the first mailing of a 15 Short Notice, and at least fourteen (14) days prior to 16 the Opt-Out Date and the Objection DateDeadline, a Short Notice 17 is returned to the Settlement Claims Administrator by the USPS 18 because the address of the recipient is no longer 19 valid, i.e., the envelope is marked “Return to 20 Sender” and does not contain a new forwarding 21 address, the Settlement Claims Administrator shall perform a 22 standard skip trace, in the manner that the Settlement Claims 23 Administrator customarily performs skip traces, in 24 an effort to attempt to ascertain the current address 25 of the particular Settlement Class Member in question and, if 26 such an address is ascertained, the Settlement Claims 27 Administrator will re-send the Short Notice within 28 1 seven (7) days of receiving such information. This 2 shall be the final requirement for mailing. • The date of . 3 b) Publishing, on or before the first mailing of Notice Commencement Date, 4 the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlinesNotice, Claim Form, and all other deadlines that flow from Long Notice on the notice commencement date.5 Settlement Website, as specified in the Preliminary 6 Approval Order, and maintaining and updating the website 7 throughout the claim period;

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twentyforty-one five (2145) days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five sixty (4560) days after entry of the Preliminary Approval Order, subject to the requirements of this Agreement and the Preliminary Approval Order, the Settlement Claims Administrator will provide notice to the Settlement Class members as follows: • Via via postcard to the email address, if available, or postal address, if no email address is available, provided to UNITE HERE Trussway and/or the Related Parties Released Entities by the Settlement Class Members. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Claims Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one thirty (2130) days of entry of the Preliminary Approval Order. ; In in the event that a Short Notice by email is returned to the Settlement Claims Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Claims Administrator shall re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return “Return to Sender” Sender” and does not contain a new forwarding address, the Settlement Claims Administrator shall perform a standard skip trace, in the manner that the Settlement Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Claims Administrator will re-send the Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first first-mailing of the Short Notice shall be deemed the “notice “notice commencement date” date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement

Short Notice. Within twenty-one (21) 60 days of entry of the Preliminary Approval Order and to be substantially completed not later than forty- five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Settlement Administrator will provide notice Notice to the Settlement Class members as follows: • Via postcard to the email address, if available, or postal address, if no email address is available, that Defendant provided to UNITE HERE and/or the Related Parties by the Settlement Class MembersAdministrator. Before any physical mailing under this paragraph 3.2.3 occurs, the Settlement Administrator shall run the postal addresses of Settlement Class Members through the USPS National Change of Address database to update any change of address on file with the USPS within twenty-one (21) days of entry of the Preliminary Approval Order. USPS; In in the event that a Short Notice by email is returned to the Settlement Administrator by the USPS because the email address of the recipient is not valid, the Settlement Administrator shall re-send the Short Notice to the postal address on file within seven (7) days of receiving the returned Short Notice. • In the event that a Short Notice by USPS is returned to the Settlement Administrator because the postal address of the recipient is not valid, and the envelope contains a forwarding address, the Settlement Administrator shall re-send the Short Notice to the forwarding address within seven (7) 7 days of receiving the returned Short Notice. ; In in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and the Objection Date, a Short Notice is returned to the Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Settlement Administrator shall perform a standard skip trace, in the manner that the Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Settlement Administrator will re-send the Short Notice within seven (7) 7 days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “notice commencement dateNotice Date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Sources: Settlement Agreement