Common use of THE CLAIMS ADMINISTRATOR Clause in Contracts

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of data security measures that meet the requirements of 12 CFR § 748, and appendices thereto, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed six (6) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendant’s Counsel, or either of them, at their own cost, shall receive a copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the Claims Administrator’s records, it shall not contain the names, addresses, account numbers or contact information for the Class Members other than Named Plaintiff and shall not be used for any purposes other than the implementation of this Agreement. The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Named Plaintiff and Class Members shall be solely responsible for their own tax reporting of payments or credits received under the terms of this Agreement and for the payment of any taxes, penalties or interest arising from the receipt of the Individual Payments or any other benefits received under this Agreement. (d) The Claims Administrator shall provide the data in its claims administration database to Defendant's Counsel and/or Class Counsel in response to any written request, including an email request; provided that such information provided to Class Counsel shall not include the names, addresses, account numbers or contact information for the Class Members other than Named Plaintiff. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement. (e) Within one hundred ninety (190) days after the Effective Date or such other date as required by the Court, the Claims Administrator shall prepare and provide to Class Counsel and Defendant’s Counsel a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of data security measures that meet the requirements of 12 CFR § 748, and appendices thereto, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed six twelve (612) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendant’s Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the Claims Administrator’s records, it shall not contain the names, addresses, account numbers or contact information for the Class Members other than Named Plaintiff and shall not be used for any purposes other than the implementation of this Agreement. . (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Named Plaintiff and Except as provided herein, Class Members shall be solely responsible for their own tax reporting of payments or credits received under the terms of this Agreement and for the payment of any taxes, penalties or interest arising from the receipt of the Individual Payments or any other benefits received under this Agreement. (de) The Claims Administrator shall provide the data in its claims administration database to Defendant's ’s Counsel and/or Class Counsel in response to any written request, including an email request; provided that such information provided to Class Counsel shall not include the names, addresses, account numbers or contact information for the Class Members other than Named Plaintiff. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement. (ef) Any notice required under the Class Action Fairness Act, 28 U.S.C. § 1715 shall be paid out of the Settlement Fund. (g) Within one hundred hundred-ninety (190) days after the Effective Date or such other date as required by the CourtDate, the Claims Administrator shall prepare and provide to Class Counsel and Defendant’s Counsel a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of data security measures that meet the requirements of 12 CFR § 748, and appendices thereto, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed six twelve (612) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendant’s Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the Claims Administrator’s records, it shall not contain the names, addresses, account numbers or contact information for the Class Members other than Named Plaintiff and shall not be used for any purposes other than the implementation of this Agreement. . (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Named Plaintiff and Except as provided herein, Class Members shall be solely responsible for their own tax reporting of payments or credits received under the terms of this Agreement and for the payment of any taxes, penalties or interest arising from the receipt of the Individual Payments or any other benefits received under this Agreement. (de) The Claims Administrator shall provide the data in its claims administration database to Defendant's ’s Counsel and/or Class Counsel in response to any written request, including an email request; provided that such information provided to Class Counsel shall not include the names, addresses, account numbers or contact information for the Class Members other than Named Plaintiff. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement. (ef) Within one hundred hundred-ninety (190) days after the Effective Date or such other date as required by the CourtDate, the Claims Administrator shall prepare and provide to Class Counsel and Defendant’s Counsel a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.