Common use of SUBMISSION AND EVALUATION OF CLAIMS Clause in Contracts

SUBMISSION AND EVALUATION OF CLAIMS. a. All claims must be submitted through a completed Claim Form. The Claim Form will require the Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and the Benefit Option they wish to receive as set forth in Paragraph 35. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. Claim Forms must be submitted on or before the claims deadline included in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via the Settlement Website directly to the Settlement Administrator for processing, assessment, and payment. d. A Settlement Class Member is not entitled to settlement benefits if he or she submits a Claim Form after the claims deadline; if the Claim Form is incomplete; or if the Claim Form contains false information. e. The Settlement Administrator shall have authority for determining if Settlement Class Members’ Claim Forms are complete and timely, in which case they will be accepted as Approved Claims. f. Within seven (7) days of completion of its review of the Claim Forms, the Settlement Administrator will submit to the Parties a report listing all Approved Claims. g. Prompt payment shall be made by the Settlement Administrator on Approved Claims after the Effective Date of the settlement. The Settlement Administrator shall use the addresses provided by the Settlement Class Members on the Claim Forms. h. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten (10) days of the last such payment. i. In the event that checks sent to Settlement Class Members are not cashed within ninety (90) days of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be paid through cy pres to one or more recipients approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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SUBMISSION AND EVALUATION OF CLAIMS. a. 7.1 All claims must be submitted through a completed to the Settlement Administrator via the Claim Form. , and must be submitted by the Claims Deadline, either electronically via the Settlement Website, via Electronic Mail, or by U.S. Mail, postmarked on or before the Claims Deadline. 7.2 The Claim Form will shall be substantially in the form attached as Exhibit 1 and shall require the Settlement Class Member person submitting the form to provide his provide: a. His or her full name, mailing address, and contact telephone number, as well as an optional email address; b. An affirmation that the person is a member of the Settlement Class; and c. A signature and affirmation of the Benefit Option they wish truth of the contents of the Claim Form. 7.3 The Claim Form shall further state that: (a) each Settlement Class Member may submit only one Claim Form, and (b) each Settlement Class Member who timely submits a Valid Claim Form will be entitled to receive a cash payment in an equal sum to be determined on a pro rata basis from the Settlement Fund, following deduction of all applicable expenses, including administration and notice costs and attorneys’ fees, and that as set forth in Paragraph 35a result the amount received by each Class Member will depend on the number of valid claimants. 7.4 Every Claim Form that is timely submitted as required by subsection 7.1 and that is fully completed with the information required by paragraph 7.2 shall be considered a Valid Claim Form. Any Claim Form that lacks the requisite information will shall be deemed to be incomplete and ineligible for payment. b. . For any partially-completed Claim Forms must be submitted on or before the claims deadline included in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via Form, the Settlement Website directly to the Settlement Administrator for processing, assessment, and payment.Administrator d. 7.5 A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits a Claim Form after the claims deadline; if the Claim Form is incomplete; or Claims Deadline, and/or if the Claim Form contains false informationinformation or remains incomplete after the Settlement Class Member was given an opportunity to cure any error(s) and/or omission(s). e. 7.6 Within twenty-one (21) Days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which Claim Forms are Valid Claim Forms and initially approved and which are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted and may consider any Claim Form a Valid Claim Form in its sole discretion and may request additional information from the person submitting the Claim Form prior to making this determination. The Settlement Administrator shall have authority for determining if Settlement Class Members’ employ reasonable procedures to screen Claim Forms for abuse and/or fraud and shall deny Claim Forms that are complete and timely, in which case they will be accepted as Approved Claimsmaterially incomplete and/or where there is evidence of abuse and/or fraud. f. 7.7 Within seven twenty-one (721) days of completion of its review of Days after the Claim FormsClaims Deadline, the Settlement Administrator will shall submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”) and shall include an electronic PDF copy of all such initially approved Claim Forms. Within twenty-one (21) Days after the Claims Deadline, the Settlement Administrator shall also submit to the Parties a report listing all Approved Claims. g. Prompt payment initially rejected claims (“Initially Rejected Claims List”) and shall be made by the Settlement Administrator on Approved Claims after the Effective Date include an electronic PDF copy of the settlement. The Settlement Administrator shall use the addresses provided by the Settlement Class Members on the all such initially rejected Claim Forms. h. The Settlement Administrator shall notify 7.8 Counsel for the Parties that all shall have fourteen (14) Days after the date they receive the Initially Approved Claims have been paid within ten List and related Claim Forms to audit and challenge any initially approved claims. Within fourteen (1014) days Days after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a notice of claim challenges identifying by claim number any initially approved claim they wish to challenge and the last such paymentreasons for the challenge. i. In 7.9 Counsel for the event that checks sent to Parties may challenge any claim initially rejected by the Settlement Class Members are not cashed within ninety Administrator. Counsel for the Parties shall have fourteen (9014) days of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks Days after the expiration datedate they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within fourteen (14) Days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, less any funds necessary for settlement administration, will be paid through cy pres to one or more recipients approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreement.they shall serve opposing counsel via email with

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. All claims must be submitted through on a completed Proof of Claim Form. The Proof of Claim Form will require the Settlement Class Member to provide his or her full name, mailing address, contact telephone number, a cellular telephone number to which the text message(s) at issue in the Litigation were sent, and the Benefit Option they wish an affirmation that he/she received a text message or text message(s) but did not consent to receive such text message(s) or had otherwise revoked any consent previously given, and an agreement not to object to a request by the Settlement Administrator or the parties to obtain the Settlement Class Member’s cell phone billing records from the wireless carriers as necessary. b. The Proof of Claim Form must be submitted on or before the Proof of Claim Form deadline, which shall be one-hundred twenty (120) days after the Preliminary Approval Order, or other date set forth by the Court (“Proof of Claim Form Deadline”). The Proof of Claim Form shall be substantially in Paragraph 35the form attached hereto as Exhibit 2. c. Completed Proof of Claim Forms shall be submitted directly to the Settlement Administrator for processing, assessment, and payment. The Proof of Claim Form may be mailed or electronically transmitted. d. Any Proof of Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . For any partially completed Proof of Claim Forms must be submitted on or before the claims deadline included in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via the Settlement Website directly to Forms, the Settlement Administrator for processingshall attempt to contact the Settlement Class Member who submitted the Proof of Claim Form at least one time by e-mail or, assessmentif no e-mail address is available, by regular U.S. mail (1) to inform the Settlement Class Member of any errors and/or omissions in the Proof of Claim Form and payment(2) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Proof of Claim Form. The Settlement Class Member shall have until the Proof of Claim Form Deadline or thirty (30) days after the Settlement Administrator sends the e-mail or regular mail notice to the Class Member regarding the deficiencies in the Proof of Claim Form, whichever is later, to cure the errors and/or omissions in the Proof of Claim Form. d. e. A Settlement Class Member is not entitled to settlement benefits Class Relief if he or he/she submits a Proof of Claim Form after the claims deadline; Proof of Claim Form Deadline, or if the Proof of Claim Form is incomplete; incomplete after an opportunity to cure any errors and/or omissions or if the Claim Form contains false information. e. f. The Settlement Administrator shall have sole and final authority for determining if Settlement Class Members’ Proof of Claim Forms are complete and timely, in which case they will be accepted as Approved Claims. The Settlement Administrator may reject or accept any Proof of Claim Form submitted, and may, upon its sole discretion, request additional information prior to rejecting or accepting any Proof of Claim Form submitted. f. g. Within seven fourteen (714) days of completion of its review of the Proof of Claim Forms, the Settlement Administrator will submit to the Parties a report listing all Approved Claims. g. h. The funds provided to the Settlement Administrator will be maintained by an escrow agent as a Court-approved Qualified Settlement Fund pursuant to Section 1.468B-1 et seq. of the Treasury Regulations promulgated under Section 468B of the Internal Revenue Code of 1986, as amended, and shall be deposited in an interest-bearing account. i. Prompt payment shall be made by the Settlement Administrator on Approved Claims after the Effective Date of the settlement. Checks will be mailed to Settlement Class Members with Approved Claims. The Settlement Administrator shall use the addresses provided by the Settlement Class Members on the Claim FormsApproved Claims. h. j. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten (10) 10 days of the last such payment. i. k. In the event that checks sent to Settlement Class Members are not cashed within ninety one (901) days year of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be redistributed in equal amounts to the Settlement Class Members who submitted Approved Claims and cashed their checks. In the event that those redistributed checks are not cashed within (6) months of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the null and void checks will be paid through cy pres prés to one the National Consumer Law Center or more recipients approved by any other recipient that the CourtCourt deems appropriate with input from the Parties. The Court may revise this cy pres prés provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco Uber would otherwise pay under this Settlement Agreement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. All claims must be submitted through on a completed Claim Form. The Claim Form will require the Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and an optional email address; an affirmation that he/she used the Benefit Option they wish finger scan feature of Defendant’s Biometric Key Duplicating System within the state of Illinois during the Class Period; the kiosk location (s) at which he/she had their finger scan captured or collected by Defendant; and a signature. b. The Claim Form shall provide Settlement Class Members with the ability to make a claim to receive as set forth up to $515.00 (Five Hundred Fifteen Dollars) in Paragraph 35cash from the Settlement Fund. FILED DATE: 12/13/2019 11:20 AM 2018CH11240 c. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. d. Completed Claim Forms shall be submitted directly to the Settlement Administrator either electronically via the Settlement Website, via electronic mail, or via U.S. Mail for processing, assessment, and payment. e. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . For any partially-completed Claim Forms must be Form, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted on or before the claims deadline included Claim Form at least one time by e-mail or, if no e-mail address is available, by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. Form and (ii) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the e-mail or via the Settlement Website directly regular mail notice to the Settlement Administrator for processingClass Member regarding the deficiencies in the Claim Form, assessmentwhichever is later, and paymentto cure the error(s) and/or omission(s) in the Claim Form. d. f. A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits a Claim Form after the claims deadline; Claims Deadline, and/or if the Claim Form is incomplete; incomplete after an opportunity to cure any error(s) and/or omission(s) or if the Claim Form contains false information. e. g. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted upon its sole discretion, and may request additional information prior to initially accepting or rejecting any Claim From submitted. The Settlement Administrator shall have authority for determining if Settlement Class Members’ employ reasonable procedures to screen Claim Forms for abuse and/or fraud and shall deny Claim Forms which are complete and timely, in which case they will be accepted as Approved Claimsmaterially incomplete and/or where there is evidence of abuse and/or fraud. f. h. Within seven fourteen (714) days of completion of its review of the Claim FormsClaims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”), and shall include an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all Approved Claimsinitially rejected Claims (“Initially Rejected Claims List”), and shall include an electronic PDF copy of all such initially rejected Claim Forms. Any Claim Form submitted by an individual who is not included in the Class List (as FILED DATE: 12/13/2019 11:20 AM 2018CH11240 defined in Section IX below) shall be included on the Initially Rejected Claims List. g. Prompt payment i. Counsel for the Parties shall have fourteen (14) days after the date they receive the Initially Approved Claims List and related Claim Forms to audit and challenge any initially approved claims. Within fourteen (14) days after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. j. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have fourteen (14) days after the date they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within fourteen (14) days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. k. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If neither Class Counsel nor Defendant’s Counsel have any challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Counsel inform each other by email that the Parties do not have any objection to the claims determination made by the Settlement Administrator on Approved Claims after or the Effective Date time for informing each other of such challenges has lapsed. l. Within seven (7) days of the settlement. The Claims Finalization Date, the Settlement Administrator shall use provide Counsel for the addresses provided by Parties a spreadsheet setting forth the claim number, claimant name, and claimant address, and totaling the amount to be paid for each claimant, which shall be an equal amount for each approved claim (the “Final Claims List”). Within ten (10) days of the Claims Finalization Date, the Settlement Administrator shall send a check by First Class Members U.S. Mail to each Settlement Class Member on the Claim FormsFinal Claims List. h. m. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten five (105) business days of the last such payment. i. . FILED DATE: 12/13/2019 11:20 AM 2018CH11240 n. In the event that checks sent to Settlement Class Members are not cashed within ninety 150 (90One Hundred Fifty) days after their date of their mailing date, whether because the checks were not received or otherwiseissuance, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, date will be paid through distributed as part of the cy pres to one or more recipients approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlementpayment set forth in Paragraph 49, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreementabove.

Appears in 1 contract

Samples: Settlement Agreement and Release Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. 59. All claims must be submitted through via a completed Claim Form. The Claim Form will require shall be substantially in the form attached hereto as Exhibit B. 60. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. 61. Completed Claim Forms shall be submitted directly to the Settlement Class Member to provide his Administrator electronically via the Settlement Website, via electronic mail, or her full namevia U.S. Mail, mailing addressfor processing, contact telephone numberassessment, and the Benefit Option they wish to receive as set forth in Paragraph 35payment. 62. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . However, for any partially-completed Claim Forms must be Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted on or before the claims deadline included Claim Form at least one time by e-mail, telephone and/or U.S. Mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via Form and (ii) to give the Settlement Website directly Class Member an opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the e-mail, telephone, or regular mail notice to the Settlement Administrator for processingClass Member regarding the deficiencies in the Claim Form, assessmentwhichever is later, and paymentto cure the error(s) and/or omission(s) in the Claim Form. d. 63. A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits they submit a Claim Form after the claims deadline; Claims Deadline, and/or if the Claim Form is incomplete; incomplete after an opportunity to cure any error(s) and/or omission(s) or if the Claim Form contains false information. e. 64. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall have authority for determining if Settlement Class Members’ employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are complete and timelyincomplete (subject to Paragraph 62, in which case they will be accepted as Approved Claimsabove) and/or where there is evidence of abuse and/or fraud. f. 65. Within seven fourteen (714) days of completion of its review of the Claim FormsClaims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”), and, upon request, shall include an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all initially rejected Claims (“Initially Rejected Claims List”), and, upon request, shall include an electronic PDF copy of all such initially rejected Claim Forms. However, the last name, address, any other identifying information on the Initially Approved Claim List and the Claim Forms shall be redacted prior to submission to Class Counsel. Additionally, in the event that Xxxxxx’s Customer is identified on the Claim Form, the Settlement Administrator shall redact such information prior to submission to Class Counsel. 66. Counsel for the Parties shall have fourteen (14) days after the date they receive the Initially Approved Claims List to audit and challenge any Initially Approved Claims. Within fourteen (14) days after Counsel for the Parties receive the Initially Approved Claims List, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. Either Party may request the Claim Forms for any claims appearing on the other Party’s Notice of Claim Challenges. However, the last name, address and any other identifying information on the Initially Approved Claims List and the Claim Forms shall be redacted prior to submission to Class Counsel. Additionally, in the event that Xxxxxx’s Customer is identified on the Claim Form, the Settlement Administrator shall redact such information prior to submission to Class Counsel. g. Prompt payment 67. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have fourteen (14) days after the date they receive the Initially Rejected Claims List to audit and challenge any initially rejected claims. Within fourteen (14) days after Counsel for the Parties receive the Initially Rejected Claims List, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. Either Party may request the Claim Forms for any claims appearing on the other Party’s Notice of Claim Challenges. However, the last name, address, any other identifying information on the Initially Rejected Claims List and the Claim Forms shall be redacted prior to submission to Class Counsel. In the event that Xxxxxx’s Customer is identified on the Claim Form, the Settlement Administrator shall redact such information prior to submission to Class Counsel. 68. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If there are no challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Counsel inform each other by email that they do not have any objection to the claims determination made by the Settlement Administrator on Approved Claims after Administrator, or the Effective Date time for informing each other of such challenges has lapsed. 69. Within seven (7) days of the settlement. The Claims Finalization Date, the Settlement Administrator shall use provide Counsel for the addresses provided Parties a spreadsheet setting forth the claim number and totaling the amount to be paid for each claimant, which shall be an equal amount for each approved claim (the “Final Claims List”). Within ten (10) days of the Claims Finalization Date, the Settlement Administrator shall send an electronic payment or check by First Class U.S. Mail, as elected by the claimant, to each Settlement Class Members Member on the Claim Forms. h. Final Claims List. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten five (105) business days of the last such payment. i. 70. In the event that checks sent to Settlement Class Members are not cashed within ninety one hundred (90100) days after their date of issuance, or electronic payment is unable to be processed with one hundred (100) days of their mailing datethe first attempt, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any such funds necessary for settlement administration, will be paid through distributed to a cy pres to one or more recipients recipient(s) selected by the Parties and approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlementSettlement Agreement, provided the Court’s revision does not increase the amount that Costco Defendant would otherwise pay under this Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. 49. All claims must be submitted through on a completed Claim Form. The Claim Form will require the each Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and contact email address; an affirmation that while employed by Defendant he/she used Defendant’s Timekeeping System within the Benefit Option they wish state of Illinois during the relevant time period; and a signature. 50. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline which shall be approximately one hundred and five (105) days after entry of the Preliminary Approval Order. The Claim Form shall be substantially in the form attached hereto as Exhibit A. 51. Completed Claim Forms shall be submitted directly to receive as set forth in Paragraph 35the Settlement Administrator either electronically via the Settlement Website, via electronic mail, or via U.S. Mail, for processing, assessment, and payment. 52. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . For any partially-completed Claim Forms must be Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted on or before the claims deadline included Claim Form at least one time by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via Form, and (ii) to give the Settlement Website directly Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the regular mail notice to the Settlement Administrator for processingClass Member regarding the deficiencies in the Claim Form, assessmentwhichever is later, and paymentto cure the error(s) and/or omission(s) in the Claim Form. d. 53. A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits a Claim Form after the claims deadline; Claims Deadline, and/or if the Claim Form is incomplete; incomplete after an opportunity to cure any error(s) and/or omission(s), as provided in Paragraph 52, or if the Claim Form contains false information. e. 54. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall have authority for determining if Settlement Class Members’ employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are complete and timely, in which case they will be accepted as Approved Claimsincomplete and/or where there is evidence of abuse and/or fraud. f. 55. Within seven fourteen (714) days of completion of its review of the Claim FormsClaims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”), and shall include an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all Approved Claimsinitially rejected Claims (“Initially Rejected Claims List”), and shall include an electronic PDF copy of all such initially rejected Claim Forms. g. Prompt payment 56. Counsel for the Parties shall have twenty-one (21) days after the date they receive the Initially Approved Claims List and related Claim Forms to audit and challenge any initially approved claims. Within twenty-one (21) days after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. 57. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have twenty-one (21) days after the date they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within twenty-one (21) days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. 58. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If neither Lead Class Counsel nor Defendant’s Counsel have any challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Lead Class Counsel and Defendant’s Counsel inform each other by email that the Parties do not have any objection to the claims determination made by the Settlement Administrator on Approved Claims after or the Effective Date time for informing each other of the settlementsuch challenges has lapsed. The Settlement Administrator shall use the addresses provided by the Settlement Class Members on the Claim Forms. h. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten Within seven (107) days of the last such payment. i. In Claims Finalization Date, the event that checks sent Settlement Administrator shall provide Counsel for the Parties a spreadsheet setting forth the claim number, claimant name, and claimant address, and totaling the amount to Settlement Class Members are not cashed within ninety (90) days of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be paid through cy pres to one or more recipients for each claimant, which shall be an equal amount for each approved by claim (the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreement“Final Claims List”).

Appears in 1 contract

Samples: Settlement Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. 56. All claims must be submitted through on a completed Claim Form. The Claim Form will require the each Settlement Class Member to provide his or her their full name, mailing address, contact telephone number, and contact email address; a sworn affirmation, under penalty of perjury, that they used the Benefit Option they wish Try-On Application Tool on XxxXxx.xxx within the state of Illinois during the relevant time period; and a signature. 57. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline, which shall be (75) days after the Notice Date. The Claim Form shall be substantially in the form attached hereto as Exhibit A. 58. Completed Claim Forms shall be submitted directly to receive as set forth in Paragraph 35the Settlement Administrator either electronically via the Settlement Website or via U.S. Mail, for processing, assessment, and payment. 59. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . For any partially-completed Claim Forms must be Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted on the Claim Form at least one time by U.S. Mail or before email (i) to inform the claims deadline included Settlement Class Member of any error(s) and/or omission(s) in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via Form, and (ii) to give the Settlement Website directly Class Member the opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the regular mail notice to the Settlement Administrator for processingClass Member regarding the deficiencies in the Claim Form, assessmentwhichever is later, and paymentto cure the error(s) and/or omission(s) in the Claim Form. d. 60. A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits a Claim Form after the claims deadline; Claims Deadline, and/or if the Claim Form is incomplete; incomplete after an opportunity to cure any error(s) and/or omission(s), as provided in Paragraph 59, or if the Claim Form contains false information. e. 61. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall have authority for determining if Settlement Class Members’ employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are complete and timely, in which case they will be accepted as Approved Claimsincomplete after an opportunity to cure and/or where there is evidence of abuse and/or fraud. f. 62. Within seven fourteen (714) days of completion of its review of after the Claim FormsClaims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all Approved Claims. g. Prompt payment shall be made by the Settlement Administrator on initially approved Claims (“Initially Approved Claims after the Effective Date List”), including if requested by either Party, an electronic PDF copy of the settlement. The Settlement Administrator shall use the addresses provided by the Settlement Class Members on the all such initially approved Claim Forms. h. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten (10) days of the last such payment. i. In the event that checks sent to Settlement Class Members are not cashed within ninety (90) days of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be paid through cy pres to one or more recipients approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreement.Within fourteen

Appears in 1 contract

Samples: Settlement Agreement

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SUBMISSION AND EVALUATION OF CLAIMS. a. 51. All claims must be submitted through on a completed Claim Form. The Claim Form will require the Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and contact email address; the Benefit Option they wish to receive as identity of his or her employer where he/she believes that he/she used Defendant’s Biometric Timekeeping Technology; an affirmation that he/she used Defendant’s Biometric Timekeeping Technology at issue in the Litigation and during the time period set forth in Paragraph 35the Claim Form; and a signature attesting to the truth of the matters set forth therein. 52. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. The Claim Form shall be substantially in the form attached hereto as Exhibit A. 53. Completed Claim Forms shall be submitted directly to the Settlement Administrator electronically via the Settlement Website, via electronic mail, or via U.S. Mail or other courier, for processing, assessment, and payment. 54. Any Claim Form that lacks the requisite information will may be deemed to be incomplete and ineligible for payment. b. Claim Forms must be submitted on or before the claims deadline included in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via the Settlement Website directly to the Settlement Administrator for processing, assessment, and payment. d. A Settlement Class Member is not entitled to settlement benefits if he or she submits a Claim Form after the claims deadline; if the Claim Form is incomplete; or if the Claim Form contains false information. e. The Settlement Administrator shall have authority for determining if Settlement Class Members’ Claim Forms are complete and timely, in which case they will be accepted as Approved Claims. f. Within seven (7) days of completion of its review of the . For any partially-completed Claim Forms, the Settlement Administrator will submit shall attempt to the Parties a report listing all Approved Claims. g. Prompt payment shall be made by contact the Settlement Administrator on Approved Claims after Class Member who submitted the Effective Date Claim Form at least one time by e-mail or, if no e-mail address is available, by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the settlementClaim Form and (ii) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Administrator Class Member shall use have until the addresses provided by the Settlement Class Members on the Claim Forms. h. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten (10) days of the last such payment. i. In the event that checks sent to Settlement Class Members are not cashed within ninety (90) days of their mailing dateDeadline, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be paid through cy pres to one or more recipients approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreement.fourteen

Appears in 1 contract

Samples: Settlement Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. 63. All claims must be submitted through via a completed Claim Form. The Claim Form will require shall be substantially in the form attached hereto as Exhibit B. 64. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. 65. Completed Claim Forms shall be submitted directly to the Settlement Class Member to provide his Administrator electronically via the Settlement Website, via electronic mail, or her full namevia U.S. Mail, mailing addressfor processing, contact telephone numberassessment, and the Benefit Option they wish to receive as set forth in Paragraph 35payment. 66. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . However, for any partially-completed Claim Forms must be Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted on the Claim Form at least one time by e-mail or, if no e-mail address is available, by telephone or before U.S. Mail (i) to inform the claims deadline included Settlement Class Member of any error(s) and/or omission(s) in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. mail or via Form and (ii) to give the Settlement Website directly Class Member an opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the e-mail, telephone, or regular mail notice to the Settlement Administrator for processingClass Member regarding the deficiencies in the Claim Form, assessmentwhichever is later, and paymentto cure the error(s) and/or omission(s) in the Claim Form. d. 67. A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits a Claim Form after the claims deadline; Claims Deadline, and/or if the Claim Form is incomplete; incomplete after an opportunity to cure any error(s) and/or omission(s) or if the Claim Form contains false information. e. 68. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its sole discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse and/or fraud and shall deny Claim Forms which are incomplete and/or where there is evidence of abuse and/or fraud. 69. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report sufficient to show only the number of initially approved claims, with each initially approved claim being identifiable by a claim number (“Initially Approved Claims List”) and shall provide to UKG, Inc. a report listing the name and address of the persons submitting all initially approved claims and an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report sufficient to show only the number of, and reason for, initially rejected claims, with each initially approved claim being identifiable by a claim number (“Initially Rejected Claims List”), and shall provide to UKG Inc. a report listing the name and address of the persons submitting all initially approved claims and an electronic PDF copy of all such initially rejected Claim Forms. Class Counsel shall have authority the right to ask the Settlement Administrator for determining if clarification about the rationale for the Settlement Administrator’s approval or rejection of any claim, copying Defendant’s Counsel on any such communication, within the 30-day period set forth in paragraphs 70 and 71 below. If Class Counsel believe the Settlement Administrator has not provided a satisfactory explanation of the rationale for approval or rejection of any claim, Class Counsel may request a conference with Defendant’s Counsel and the Settlement Administrator in which the rationale for approval or rejection is further discussed. If following the foregoing conference, Class Counsel remains unsatisfied with the rationale given for the approval or rejection of a particular claim, Class Counsel may request the Claim Form for that claim in order to evaluate whether to prepare a Notice of Claim Challenge. 70. Counsel for the Parties shall have thirty (30) days after the date they receive the Initially Approved Claims List to audit and challenge any initially approved claims. Within thirty (30) days after Counsel for the Parties receive the Initially Approved Claims List, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. Either Party may request the Claim Forms for any claims appearing on the other Party’s Notice of Claim Challenges. 71. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have thirty (30) days after the date they receive the Initially Rejected Claims List to audit and challenge any initially rejected claims. Within thirty (30) days after Counsel for the Parties receive the Initially Rejected Claims List, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. Either Party may request the Claim Forms for any claims appearing on the other Party’s Notice of Claim Challenges. 72. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If there are no challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Counsel inform each other by email that they do not have any objection to the claims determination made by the Settlement Administrator, or the time for informing each other of such challenges has lapsed. 73. Class Counsel represent and warrant that they will utilize any information they learn about Settlement Class Members’ Claim Forms are complete Members through the evaluation of claims process set forth in this Section VI solely to fulfill their duties as Class Counsel in this matter, and timely, in which case they will be accepted as Approved Claimsfor no other purpose. f. 74. Within seven (7) days of completion of its review of the Claim FormsClaims Finalization Date, the Settlement Administrator will submit to shall provide Counsel for the Parties a report listing all Approved Claims. g. Prompt payment spreadsheet setting forth the claim number and totaling the amount to be paid for each claimant, which shall be made by an equal amount for each approved claim (the “Final Claims List”). Within ten (10) days of the Claims Finalization Date, the Settlement Administrator on Approved Claims after the Effective Date of the settlement. The Settlement Administrator shall use the addresses provided send a check by the First Class U.S. Mail to each Settlement Class Members Member on the Claim Forms. h. Final Claims List. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten five (105) business days of the last such payment. i. 75. In the event that checks sent to Settlement Class Members are not cashed within ninety one hundred (90100) days after their date of their mailing date, whether because the checks were not received or otherwiseissuance, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be paid through distributed to a cy pres to one or more recipients recipient(s) selected by the Parties and approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlementSettlement Agreement, provided the Court’s 's revision does not increase the amount that Costco Defendant would otherwise pay under this Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

SUBMISSION AND EVALUATION OF CLAIMS. a. 67. All claims must be submitted through via a completed Claim Form. The Claim Form will require shall be substantially in the form attached hereto as Exhibit B. 68. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. 69. Completed Claim Forms shall be submitted directly to the Settlement Class Member to provide his Administrator electronically via the Settlement Website, via electronic mail, or her full namevia U.S. Mail, mailing addressfor processing, contact telephone numberassessment, and the Benefit Option they wish to receive as set forth in Paragraph 35payment. 70. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. b. . However, for any partially-completed Claim Forms must be Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted on or before the claims deadline included Claim Form at least one time by e-mail or, if no e-mail address is available, by telephone (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Preliminary Approval Order. c. Completed Claim Forms may be submitted via U.S. Form and (ii) to give the Settlement Class Member an opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the e-mail or via the Settlement Website directly regular mail notice to the Settlement Administrator for processingClass Member regarding the deficiencies in the Claim Form, assessmentwhichever is later, and paymentto cure the error(s) and/or omission(s) in the Claim Form. d. 71. A Settlement Class Member is not entitled to settlement benefits any compensation from the Settlement Fund if he or she submits a Claim Form after the claims deadline; Claims Deadline, and/or if the Claim Form is incomplete; incomplete after an opportunity to cure any error(s) and/or omission(s) or if the Claim Form contains false information. e. 72. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its sole discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall have authority for determining if Settlement Class Members’ employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are complete and timely, in which case they will be accepted as Approved Claimsincomplete and/or where there is evidence of abuse and/or fraud. f. 73. Within seven fourteen (714) days of completion of its review of the Claim FormsClaims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report sufficient to show only the number of initially approved claims, with each initially approved claim being identifiable by a claim number (“Initially Approved Claims List”), and shall provide to Paychex a report listing the name and address of the persons submitting all Approved Claimsinitially approved claims and an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator FILED DATE: 4/29/2021 8:36 PM 2019CH00205 will also submit to the Parties a report sufficient to show only the number of, and reason for, initially rejected claims, with each initially approved claim being identifiable by a claim number (“Initially Rejected Claims List”), and shall provide to Paychex a report listing the name and address of the persons submitting all initially approved claims and an electronic PDF copy of all such initially rejected Claim Forms. Class Counsel shall have the right to ask the Settlement Administrator for clarification about the rationale for the Settlement Administrator’s approval or rejection of any claim, copying Defendant’s Counsel on any such communication, within the 30-day period set forth in paragraphs 74 and 75 below. If Class Counsel believes the Settlement Administrator has not provided a satisfactory explanation of the rationale for approval or rejection of any claim, Class Counsel may request a conference with Defendant’s Counsel and the Settlement Administrator in which the rationale for approval or rejection is further discussed. If following the foregoing conference, Class Counsel remains unsatisfied with the rationale given for the approval or rejection of a particular claim, Class Counsel may request the Claim Form for that claim in order to evaluate whether to prepare a Notice of Claim Challenge. g. Prompt payment 74. Counsel for the Parties shall have thirty (30) days after the date they receive the Initially Approved Claims List to audit and challenge any initially approved claims. Within thirty (30) days after Counsel for the Parties receive the Initially Approved Claims List, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. Either party may request the Claim Forms for any claims appearing on the other party’s Notice of Claim Challenges. 75. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have thirty (30) days after the date they receive the Initially Rejected Claims List to audit and challenge any initially rejected claims. Within thirty (30) days after Counsel for the Parties receive the Initially Rejected Claims List, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. Either party may request the Claim Forms for any claims appearing on the other party’s Notice of Claim Challenges. 76. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If there are no challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Counsel inform each by email that they does not have any objection to the claims determination made by the Settlement Administrator on Approved Claims after or the Effective Date time for informing each other of the settlementsuch challenges has lapsed. The Settlement Administrator shall use the addresses provided by the FILED DATE: 4/29/2021 8:36 PM 2019CH00205 77. Class Counsel represent and warrant that they will utilize any information they learn about Settlement Class Members on through the Claim Formsevaluation of claims process set forth in this Section VI solely to fulfill their duties as Class Counsel in this matter, and for no other purpose. h. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within ten (10) days of the last such payment. i. In the event that checks sent to Settlement Class Members are not cashed within ninety (90) days of their mailing date, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be paid through cy pres to one or more recipients approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Costco would otherwise pay under this Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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