Common use of To Settlement Class Clause in Contracts

To Settlement Class. The Claim Administrator shall be responsible for the following Settlement Class Notice Plan: 1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty (120) days after entry of the Preliminary Approval Order, the Claim Administrator shall cause a Short Form Notice, substantially in the form attached hereto as Exhibit 4 to be mailed, by U.S. first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Defendant may format the Short Form Notice in such a way as to minimize the cost of the mailing, so long as Settlement Class Members can reasonably read it and Class Counsel approves all changes and formatting. The Claim Administrator shall be responsible for dissemination of the Short Form Notice. 2. For purposes of identifying Settlement Class Members, the Claim Administrator shall obtain from Polk/IHS Markit or an equivalent company (such as Experian) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, based upon the VINs of Settlement Class Vehicles to be provided by Defendant. 3. Prior to mailing the Short Form Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Settlement Class Vehicle owners and lessees. For each individual Short Form Notice that is returned as undeliverable, the Claim Administrator shall remail all Short Form Notices where a forwarding address has been provided. For the remaining undeliverable Short Form Notices where no forwarding address is provided, the Claim Administrator shall perform an advanced address search (e.g., a skip trace) and re-mail any undeliverable Short Form Notices to the extent any new and current addresses are located. 4. The Claim Administrator shall diligently, and/or as reasonably requested by Class Counsel or Defense Counsel, report to Class Counsel and Defense Counsel the number of individual Short Form Notices originally mailed to Settlement Class Members, the number of individual Short Form Notices initially returned as undeliverable, the number of additional individual Short Form Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Notices returned as undeliverable. 5. The Claim Administrator shall implement a Settlement website that contains the following information: (i) instructions on how to submit a Claim for Reimbursement by mail; (ii) instructions on how to contact the Claim Administrator, Class Counsel and Defense Counsel for assistance; (iii) a copy of the Claim Form, Long Form Notice and this Settlement Agreement, the Preliminary Approval Order, the motion for Final Approval, the Class Counsel Fee and Expenses Application, and other pertinent orders and documents to be agreed upon by counsel for the Parties; and (iv) the deadlines for any objections, requests for exclusion and mailing of claims, the date, time and location of the final fairness hearing, and any other relevant information agreed upon by counsel for the Parties. 6. The Claim Administrator shall be prepared, in coordination with Defendant, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement website. 7. No later than ten (10) days after the Notice Date, the Claim Administrator shall provide an affidavit to Class Counsel and Defense Counsel, attesting that the Class Notice was disseminated in a manner consistent with the terms of the Class Notice Plan of this Agreement or those required by the Court and agreed by counsel.

To Settlement Class. The Claim Administrator shall be responsible for the following Settlement Class Notice Plan (“Notice Plan:”): 1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty ninety (12090) days after entry of the Preliminary Approval Order, the Claim Administrator shall cause a Short Form individual postcard Class Notice, substantially in the form attached hereto as Exhibit 4 2, to be mailed, mailed by U.S. first class mail, mail to the current or last known addresses of all reasonably identifiable Settlement Class Members. On the same date on which the postcard Class Notice is mailed, the Claim Administrator shall also e-mail a copy of said Class Notice to Settlement Class Members whose current or last known e-mail addresses could be obtained through reasonable means such as through “reverse e-mail searches” or “reverse e-mail lookups,” to the extent permitted, available, and reasonable. Defendant will provide to the Claim Administrator any Settlement Class Member e-mails that are currently in its possession, to the extent that doing so would not be prohibited or restricted by agreement, customer/e-mail addressee request or restriction, and/or privacy or confidentiality laws, rules, or internal company policies. The postcard Class Notice will also direct Settlement Class Members to the Settlement Website where they can obtain further information about the Settlement, their applicable rights and deadlines, how and when to file an objection, Request for Exclusion, and/or Claim for Reimbursement, and to review and download a long form Class Notice (substantially in the form annexed hereto as Exhibit 3) and other documentation about the Settlement.1 Defendant may format the Short Form Class Notice in such a way as to minimize the cost of the mailing, so long as subject to ensuring legibility and the approval by Class Counsel 1 Settlement Class Members can reasonably read it Counsel may also, at their own expense, announce and provide information about the Settlement and place copies of the Class Counsel approves Notice on their own firm websites. of all changes and formatting. The Claim Administrator shall be responsible for dissemination of the Short Form Class Notice. 2. For purposes of identifying Settlement Class Members, the Claim Administrator shall obtain from Polk/IHS Markit or an equivalent company (such as Experian) the names and current or last known addresses of Settlement Class Vehicle owners and lessees Members that can reasonably be obtainedobtained from state motor vehicle departments, based upon the VINs of Settlement Class Vehicles to be provided by Defendant. 3. Prior to mailing the Short Form Class Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update update, if necessary, the address information for Settlement Class Vehicle owners and lesseesMembers identified as per sub- section (2) above. For each individual Short Form mailed Class Notice that is returned as undeliverable, the Claim Administrator shall remail re-mail all Short Form such Class Notices where a forwarding address has been provided. For the remaining undeliverable Short Form Notices notice packets where no forwarding address is provided, the Claim Administrator shall perform an advanced address search (e.g., a skip trace) and re-mail any undeliverable Short Form Notices to the extent any new and current addresses are locatedlocated through said search. 4. The Claim Administrator shall diligently, and/or as reasonably requested by Class Counsel or Defense Counsel, report to Class Counsel and Defense Counsel the number of individual Short Form Notices originally mailed to Settlement Class Members, the number of individual Short Form Notices initially returned as undeliverable, the number of additional individual Short Form Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Notices returned as undeliverable. 5. The Claim Administrator shall implement a Settlement website that contains the following information: (i) instructions on how to submit a Claim for Reimbursement by mail; (ii) instructions on how to contact the Claim Administrator, Class Counsel and Defense Counsel for assistance; (iii) a copy of the Claim Form, Long Form Notice and this Settlement Agreement, the Preliminary Approval Order, the motion for Final Approval, the Class Counsel Fee and Expenses Application, and other pertinent orders and documents to be agreed upon by counsel for the Parties; and (iv) the deadlines for any objections, requests for exclusion and mailing of claims, the date, time and location of the final fairness hearing, and any other relevant information agreed upon by counsel for the Parties. 6. The Claim Administrator shall be prepared, in coordination with Defendant, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement website. 7. No later than ten (10) days after the Notice Date, the Claim Administrator shall provide an affidavit to Class Counsel and Defense Counsel, attesting that the Class Notice was disseminated in a manner consistent with the terms of the Class Notice Plan of this Agreement or those required by the Court and agreed by counsel.

To Settlement Class. The Claim Administrator 1. Subaru, as the claims administrator, shall be responsible for the following Settlement Class Notice Planprogram: 1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty (120a) Within one hundred (100) days after entry of the Preliminary Approval OrderOrder discussed in Section XI.A. of this Agreement, the Claim Administrator Subaru shall cause a Short Form Noticeindividual notice, substantially in the form attached hereto as Exhibit 4 C, together with the Claim Form and Request for Exclusion Form, to be mailed, by U.S. first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Defendant Defendants may format the Short Form Class Notice in such a way as to minimize the cost of the mailing, so long as Settlement Class Members can reasonably read it and Class Counsel approves all changes and formattingformatting prior to mailing. The Claim Administrator Subaru shall be responsible for dissemination of the Short Form Class Notice. 2. (b) For purposes of identifying Settlement Class Members, the Claim Administrator Subaru shall obtain from Polk/IHS Markit or an equivalent company (such as Experian) X.X. Xxxx & Co. the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, based upon and the VINs Vehicle Identification Numbers (VINs) of Settlement Class Vehicles to be provided by DefendantVehicles. 3. (c) Prior to mailing the Short Form Class Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database will be conducted to update the address information for Settlement Class Vehicle owners and lessees. For each individual Short Form Class Notice that is returned as undeliverable, the Claim Administrator Subaru shall remail re-mail all Short Form Class Notices where a forwarding address has been provided. For the remaining undeliverable Short Form Notices notice packets where no forwarding address is provided, the Claim Administrator Subaru shall perform an advanced address search (e.g., e.g. a skip trace) and re-mail any undeliverable Short Form Notices to the extent any new and current addresses are located. 4. The Claim Administrator (d) Subaru shall diligently, and/or as reasonably requested by Class Counsel or Defense Counsel, report to Class Counsel and Defense Counsel the number of individual Short Form Class Notices originally mailed to Settlement Class Members, the number of individual Short Form Class Notices initially returned as undeliverable, the number of additional individual Short Form Class Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Class Notices returned as undeliverable. 5. The Claim Administrator (e) Subaru shall, upon request, provide Class Counsel with the names and addresses of all Settlement Class Members to whom Subaru sent a Class Notice pursuant to this section. (f) Subaru shall implement a Settlement website that contains the following informationcontaining: (i) instructions on how to submit a Claim for Reimbursement by mailreimbursement; (ii) instructions on how to contact the Claim Administrator, Subaru and Class Counsel and Defense Counsel for assistance; (iii) a copy of the Claim Form, Long Form Class Notice and this Settlement Agreement, the Preliminary Approval Order, the motion for Final Approval, the Class Counsel Fee and Expenses Application, and other pertinent orders and documents to be agreed upon by counsel for the Parties; and (iv) the deadlines for any objections, requests for exclusion and mailing of claims, the date, time and location of the final fairness hearing, and any other relevant information agreed upon by counsel for the Parties. 6. The Claim Administrator shall be prepared, in coordination with Defendant, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement website. 72. No later than ten (10) days after before the Notice DateFairness Hearing, the Claim Administrator Subaru shall provide an affidavit to Class Counsel and Defense Counsel, attesting that the Class Notice was disseminated in a manner consistent with the terms of the Class Notice Plan of this Agreement or those required by the Court and agreed by counselCourt.

To Settlement Class. The Claim Administrator 1. SOA, as the claims administrator, shall be responsible for the following Settlement Class Notice Planprogram: 1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty a. Within one hundred (120100) days after entry of the Preliminary Approval OrderOrder discussed in Section XII.A of this Agreement, the Claim Administrator Subaru shall cause a Short Form Noticeindividual notice, substantially in the form attached hereto as Exhibit 4 B, together with the Claim Form and Request for Exclusion Form, to be mailed, by U.S. first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Defendant Defendants may format the Short Form Class Notice in such a way as to minimize the cost of the mailing, so long as Settlement Class Members can reasonably read it and Class Counsel approves all changes and formattingformatting prior to mailing. The Claim Administrator SOA shall be responsible for dissemination of the Short Form Class Notice. 2. b. For purposes of identifying Settlement Class Members, the Claim Administrator SOA shall obtain from Polk/IHS Markit its own records and verify with X.X. Xxxx & Co. (or an equivalent company (such as Experiana reasonable substitute agreed to by Class Counsel) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, based upon and the VINs Vehicle Identification Numbers (VINs) of Settlement Class Vehicles to be provided by DefendantVehicles. 3. c. Prior to mailing the Short Form Class Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database will be conducted to update the address information for Settlement Class Vehicle owners and lessees. For each individual Short Form Class Notice that is returned as undeliverable, SOA shall re-mail the Claim Administrator shall remail all Short Form Notices Class Notice where a forwarding address has been provided. For the remaining undeliverable Short Form Notices notice packets where no forwarding address is provided, the Claim Administrator SOA shall perform an advanced address search (e.g., e.g. a skip trace) and re-mail any undeliverable Short Form Notices notices to the extent any new and current addresses are located. 4. The Claim Administrator d. SOA shall diligently, and/or as reasonably requested by Class Counsel or Defense Counsel, report to Class Counsel and Defense Counsel the number of individual Short Form Class Notices originally mailed to Settlement Class Members, the number of individual Short Form Class Notices initially returned as undeliverable, the number of additional individual Short Form Class Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Class Notices returned as undeliverable. 5. The Claim Administrator e. SOA shall, upon request, provide Class Counsel with the names and addresses of all Settlement Class Members to whom Subaru sent a Class Notice pursuant to this section. f. Defendants shall implement a Settlement website that contains the following informationcontaining: (i) i. instructions on how to submit a Claim for Reimbursement by mailreimbursement; (ii) . instructions on how to contact the Claim Administrator, Defendants and Class Counsel and Defense Counsel for assistance; iii. online submission forms; (iii) a copy of the Claim Form, Long Form Notice and this Settlement Agreement, the Preliminary Approval Order, the motion for Final Approval, the Class Counsel Fee and Expenses Application, and other pertinent orders and documents to be agreed upon by counsel for the Parties; and (iv) the deadlines for any objections, requests for exclusion and mailing of claims, the date, time and location of the final fairness hearing, and any other relevant information agreed upon by counsel for the Parties. 6. The Claim Administrator shall be prepared, in coordination with Defendant, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement website. 7. No later than ten (10) days after the Notice Date, the Claim Administrator shall provide an affidavit to Class Counsel and Defense Counsel, attesting that the Class Notice was disseminated in a manner consistent with the terms of the Class Notice Plan of this Agreement or those required by the Court and agreed by counsel.

To Settlement Class. The Claim Administrator shall be responsible for the following Settlement Class Notice Plan: 1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty hundred (120100) days after entry of the Preliminary Approval Order, the Claim Administrator shall cause a Short Form individual Class Notice, substantially in the form attached hereto as Exhibit 4 2, together with the Claim Form, substantially in the form attached hereto as Exhibit 1, to be mailed, by U.S. first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Defendant may format the Short Form Class Notice in such a way as to minimize the cost of the mailing, so long as Settlement Class Members can reasonably read it and Class Counsel approves all changes and formatting. The Claim Administrator shall be responsible for dissemination of the Short Form Class Notice. 2. For purposes of identifying Settlement Class Members, the Claim Administrator shall obtain from Polk/IHS Markit or an equivalent company (such as Experian) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, based upon the VINs of Settlement Class Vehicles to be provided by Defendant. 3. Prior to mailing the Short Form Class Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Settlement Class Vehicle owners and lessees. For each individual Short Form Class Notice that is returned as undeliverable, the Claim Administrator shall remail re- mail all Short Form Class Notices where a forwarding address has been provided. For the remaining undeliverable Short Form Notices notice packets where no forwarding address is provided, the Claim Administrator shall perform an advanced address search (e.g., a skip trace) and re-mail any undeliverable Short Form Notices to the extent any new and current addresses are located. 4. The Claim Administrator shall diligently, and/or as reasonably requested by Class Counsel or Defense CounselDefendant’s counsel, report to Class Counsel and Defense Counsel Defendant’s counsel the number of individual Short Form Class Notices originally mailed to Settlement Class Members, the number of individual Short Form Class Notices initially returned as undeliverable, the number of additional individual Short Form Class Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Class Notices returned as undeliverable. 5. The Claim Administrator shall implement a Settlement website that contains the following information: (i) instructions on how to submit a Claim for Reimbursement by mail; (ii) instructions on how to contact the Claim Administrator, Class Counsel and Defense Counsel for assistance; (iii) a copy of the Claim Form, Long Form Notice and this Settlement Agreement, the Preliminary Approval Order, the motion for Final Approval, the Class Counsel Fee and Expenses Application, and other pertinent orders and documents to be agreed upon by counsel for the Parties; and (iv) the deadlines for any objections, requests for exclusion and mailing of claims, the date, time and location of the final fairness hearing, and any other relevant information agreed upon by counsel for the Parties. 6. The Claim Administrator shall be prepared, in coordination with Defendant, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement website. 7. No later than ten (10) days after the Notice Date, the Claim Administrator shall provide an affidavit to Class Counsel and Defense Counsel, attesting that the Class Notice was disseminated in a manner consistent with the terms of the Class Notice Plan of this Agreement or those required by the Court and agreed by counsel.

To Settlement Class. The Claim Administrator shall be responsible for the following Settlement Class Notice Plan: 1. On an agreed upon date with the Claim Administrator, but in no event more than one-hundred-twenty hundred (120100) days after entry of the Preliminary Approval Order, the Claim Administrator shall cause a Short Form individual Class Notice, substantially in the form attached hereto as Exhibit 4 2, to be mailed, by U.S. first class mail, to the current or last known addresses of all reasonably identifiable Settlement Class Members. Defendant may format the Short Form Class Notice in such a way as to minimize the cost of the mailing, so long as Settlement Class Members can reasonably read it and Class Counsel approves all changes and formatting. The Claim Administrator shall be responsible for dissemination mailing of the Short Form Class Notice. 2. For purposes of identifying Settlement Class Members, the Claim Administrator shall obtain from Polk/IHS Markit or an equivalent company (such as Experian) the names and current or last known addresses of Settlement Class Vehicle owners and lessees that can reasonably be obtained, based upon the VINs of Settlement Class Vehicles to be provided by Defendant. 3. Prior to mailing the Short Form Class Notice, the Claim Administrator shall conduct an address search through the United States Postal Service’s National Change of Address database to update the address information for Settlement Class Vehicle owners and lessees. For each individual Short Form Class Notice that is returned as undeliverable, the Claim Administrator shall remail re-mail all Short Form Class Notices where a forwarding address has been provided. For the remaining undeliverable Short Form Notices notice packets where no forwarding address is provided, the Claim Administrator shall perform an advanced address search (e.g., a skip trace) and re-mail any undeliverable Short Form Notices to the extent any new and current addresses are located. 4. The Claim Administrator shall diligently, and/or as reasonably requested by Class Counsel or Defense CounselDefendant’s counsel, report to Class Counsel and Defense Counsel Defendant’s counsel the number of individual Short Form Class Notices originally mailed to Settlement Class Members, the number of individual Short Form Class Notices initially returned as undeliverable, the number of additional individual Short Form Class Notices mailed after receipt of a forwarding address, and the number of those additional individual Short Form Class Notices returned as undeliverable. 5. The Claim Administrator shall implement a Settlement website that contains the following information: (i) instructions on how to submit a Claim for Reimbursement by mail; (ii) instructions on how to contact the Claim Administrator, Class Counsel and Defense Counsel for assistance; (iii) a copy of the Claim Form, Long Form Notice and this Settlement Agreement, the Preliminary Approval Order, the motion for Final Approval, the Class Counsel Fee and Expenses Application, and other pertinent orders and documents to be agreed upon by counsel for the Parties; and (iv) the deadlines for any objections, requests for exclusion and mailing of claims, the date, time and location of the final fairness hearing, and any other relevant information agreed upon by counsel for the Parties. 6. The Claim Administrator shall be prepared, in coordination with Defendant, to respond to questions regarding the status of submitted Claims, how to submit a Claim, and other aspects of this Settlement. The Settlement Administrator shall maintain a dedicated toll-free telephone number for Class Members to call. The telephone numbers shall be listed on the Long Form Notice, Claim Form, and the dedicated Settlement website. 7. No later than ten (10) days after the Notice Date, the Claim Administrator shall provide an affidavit to Class Counsel and Defense Counsel, attesting that the Class Notice was disseminated in a manner consistent with the terms of the Class Notice Plan of this Agreement or those required by the Court and agreed by counsel.