Common use of Administration and Notification Process Clause in Contracts

Administration and Notification Process. (a) Subject to Court approval, Plaintiffs have selected JND Legal Administration (“JND”), to serve as Settlement Class Administrator, who shall be responsible for all matters relating to notice and administration of this Settlement. (b) The Settlement Class Administrator’s responsibilities shall include, but are not limited to, giving notice pursuant to the Notice program; obtaining new addresses for returned email; setting up and maintaining the Settlement Website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, a toll-free telephone number with Spanish-language telephone support; initiating and administering the Digital Publication Notice component of the Notice program; fielding inquiries about the Settlement; receiving and processing claims submitted by Settlement Class Members; implementing distribution of the Cash Awards to Settlement Class Members in accordance with the Court’s order(s); maintaining records of all its activities relating to Notice and Administration of this Settlement; and any other tasks reasonably required to effectuate the foregoing. Before the Effective Date, without further Order of the Court, up to five hundred thousand Dollars ($500,000) of the Monetary Consideration may be transferred from the Escrow Account to the Settlement Class Administrator to pay Notice and Administration Expenses actually and reasonably incurred by the Settlement Class Administrator. i. The Settlement Class Administrator, at the direction of Settlement Class Counsel, shall make an initial distribution of payments to Settlement Class Members eligible to receive a Cash Award within sixty (60) days of the Effective Date. The Settlement Class Administrator shall not make any distributions to Settlement Class Members who make a timely request to exclude themselves from the Settlement Class. ii. Settlement Class Members that submit a valid Claim Form to the Settlement Administrator by the Claim Deadline shall receive a pro rata Cash Award from the Net Monetary Consideration. The pro rata Cash Award to each Settlement Class Member will equal the quotient of the Net Monetary Consideration divided by the total number of Settlement Class Members that submit valid Claim Forms to the Settlement Administrator by the Claim Deadline. iii. The Settlement Class Administrator shall attempt to distribute all of the Net Monetary Consideration that is distributable to Settlement Class Members eligible for a Cash Award who submit valid Claim Forms to the Settlement Class Administrator by the Claim Deadline. Any unclaimed distributions to such Settlement Class Members shall be distributed in additional distribution(s) to Settlement Class Members who accepted or elected to receive a pro rata payment amount (e.g., cashed their checks or otherwise opted for alternative electronic funds distribution in a manner to be provided by the Settlement Class Administrator). Redistributions of available funds shall continue, at the discretion of the Settlement Class Administrator, in consultation with Settlement Class Counsel, until such time as the Settlement Class Administrator believes that further distributions would not be economically feasible. In cases where a Settlement Class Member opts to receive payment by a mailed paper check, the Settlement Class Administrator shall not be required to make a pro rata distribution in an amount less than Ten Dollars ($10.00). iv. Any Net Monetary Consideration balance that remains after distributions to Settlement Class Members (until further distributions are no longer economically feasible), payment of Notice and Administration Expenses, Taxes, attorneys’ fees and costs, and Service Awards, if any, shall be disposed of as determined by the Court. No portion of the Net Monetary Consideration shall revert to Defendant. (c) Defendant shall provide the following information concerning the Settlement Class to the Settlement Class Administrator, to the extent available: (i) consumer name, (ii) consumer address (last known mailing address); (iii) the last four digits of Social Security number (or some other unique number that can be used to verify identity during administration); (iv) consumer email address; and (vii) information needed to calculate the pro rata distribution described above. To the extent information needed to calculate the pro rata distribution for a Settlement Class Member in a particular year is not readily available, the Parties shall develop a reasonable proxy to compensate Settlement Class Members for payments made in that year, and any Settlement Class Member that otherwise believes he or she was eligible shall be permitted to submit information supporting a claim. Settlement Class Counsel shall also have the Settlement Class Administrator execute a confidentiality agreement in a form acceptable to all Parties that requires the Settlement Class Administrator to maintain the data above as confidential and use such information only for the purposes of effectuating this Settlement. Defendant consents to Settlement Class Counsel’s receiving access to this data in anonymized and aggregated form for purposes of effectuating this Settlement. Class Counsel is precluded from using the data for Settlement Class Members for any other purpose. (d) Subject to approval by the Court, Notice shall be provided to all persons in the Settlement Class in accordance with the notice procedures approved by the Court. The form of the Long Form Notice and Claim Form are attached to the [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval as Exhibits 1 and 2. Notice will be sent in accordance with Fed.

Administration and Notification Process. (a) Subject 1. WTC shall have the right to select the Settlement Administrator. The entity WTC designates as Settlement Administrator shall be subject to Court approval, Plaintiffs have selected JND Legal Administration (“JND”), to serve as . The Settlement Class Administrator, who Administrator shall be responsible for all matters relating to notice and the administration of this Settlement. (b) The Settlement Class Administrator’s Agreement, as set forth herein. Those responsibilities shall include, but are not limited toto providing notice, giving notice pursuant to the Notice program; obtaining new addresses for returned email; mail, setting up and maintaining the a Settlement Website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, a toll-free telephone number with Spanish-language telephone support; initiating and administering the Digital Publication Notice component of the Notice program; fielding inquiries about the Settlement; receiving and processing claims submitted by , acting as a liaison between the Settlement Class Members; implementing distribution of Members and the Cash Awards Parties, making distributions to Settlement Class Members in accordance with the Court’s order(s); maintaining records who are not current members of all its activities relating to Notice and Administration of this Settlement; WTC, and any other tasks reasonably required to effectuate the foregoing. Before The Settlement Administrator shall provide monthly updates on the Effective Date, without further Order claims status to counsel for all Parties. 2. By no later than 10 days of the Court, up to five hundred thousand Dollars ($500,000) entry of the Monetary Consideration may Preliminary Approval Order, WTC shall provide the Settlement Administrator with the Class List. 3. By no later than 30 days of the Preliminary Approval Order, the Settlement Administrator shall provide Notice to Settlement Class Members by either email or regular mail. The Notice shall be transferred in the form attached hereto as Exhibits 1-3. Class Counsel and WTC shall insert the correct dates and deadlines in the Notice before Notice commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. 4. Email Notice is appropriate in this case for the Class Members that have previously provided their email address to WTC and who have not opted out of receiving electronic communications from WTC. For Settlement Class Members that have not previously provided their email address to WTC and who have not opted out of electronic communication from WTC, or for Settlement Class Members who were sent an email that was returned as undeliverable, Notice by regular mail is appropriate. The Settlement Administrator shall use the Escrow Account addresses provided by WTC on the Class List. To the extent the addresses contained in the Class List are found to be inaccurate, or mailed notice is returned as undeliverable, the Settlement Administrator shall use any reasonable means necessary to locate and provide proper Notice to those Settlement Class Members. 5. By no later than 10 days of the entry of the Preliminary Approval Order, but before the Settlement Administrator initiates Notice, the Settlement Administrator shall establish a dedicated Settlement Website with a set of frequently asked questions and Notice. The Settlement Website shall also permit Class Members to view and download the Settlement Agreement, the Parties’ operative pleadings, and motions relevant to the Settlement, as well as a Claim Form that can be completed and mailed to the Settlement Administrator. The Settlement Administrator shall maintain the Settlement Website, and said website shall remain operative until the point in time when all distributions, including any Cy Pres Payment, have been made. 6. But for the Settlement Website, the Parties shall use no other forms of public Notice, including—but not limited to—Notice by publication, public posting, and advertisements of any variety. 7. WTC agrees that it or the Settlement Administrator shall provide the required notice to attorneys general of U.S. states and territories required by the Class Administrator Action Fairness Act. 8. All costs and expenses related to pay providing Notice and Administration Expenses actually and reasonably any other administration costs incurred by the Settlement Class Administrator. i. The Settlement Class Administrator, at the direction of Settlement Class Counsel, shall make an initial distribution of payments to Settlement Class Members eligible to receive a Cash Award within sixty (60) days of the Effective Date. The Settlement Class Administrator shall not make any distributions to Settlement Class Members who make a timely request to exclude themselves from the Settlement Classbe bore by WTC. ii. Settlement Class Members that submit a valid Claim Form to the Settlement Administrator by the Claim Deadline shall receive a pro rata Cash Award from the Net Monetary Consideration. The pro rata Cash Award to each Settlement Class Member will equal the quotient of the Net Monetary Consideration divided by the total number of Settlement Class Members that submit valid Claim Forms to the Settlement Administrator by the Claim Deadline. iii. The Settlement Class Administrator shall attempt to distribute all of the Net Monetary Consideration that is distributable to Settlement Class Members eligible for a Cash Award who submit valid Claim Forms to the Settlement Class Administrator by the Claim Deadline. Any unclaimed distributions to such Settlement Class Members shall be distributed in additional distribution(s) to Settlement Class Members who accepted or elected to receive a pro rata payment amount (e.g., cashed their checks or otherwise opted for alternative electronic funds distribution in a manner to be provided by the Settlement Class Administrator). Redistributions of available funds shall continue, at the discretion of the Settlement Class Administrator, in consultation with Settlement Class Counsel, until such time as the Settlement Class Administrator believes that further distributions would not be economically feasible. In cases where a Settlement Class Member opts to receive payment by a mailed paper check, the Settlement Class Administrator shall not be required to make a pro rata distribution in an amount less than Ten Dollars ($10.00). iv. Any Net Monetary Consideration balance that remains after distributions to Settlement Class Members (until further distributions are no longer economically feasible), payment of Notice and Administration Expenses, Taxes, attorneys’ fees and costs, and Service Awards, if any, shall be disposed of as determined by the Court. No portion of the Net Monetary Consideration shall revert to Defendant. (c) Defendant shall provide the following information concerning the Settlement Class to the Settlement Class Administrator, to the extent available: (i) consumer name, (ii) consumer address (last known mailing address); (iii) the last four digits of Social Security number (or some other unique number that can be used to verify identity during administration); (iv) consumer email address; and (vii) information needed to calculate the pro rata distribution described above. To the extent information needed to calculate the pro rata distribution for a Settlement Class Member in a particular year is not readily available, the Parties shall develop a reasonable proxy to compensate Settlement Class Members for payments made in that year, and any Settlement Class Member that otherwise believes he or she was eligible shall be permitted to submit information supporting a claim. Settlement Class Counsel shall also have the Settlement Class Administrator execute a confidentiality agreement in a form acceptable to all Parties that requires the Settlement Class Administrator to maintain the data above as confidential and use such information only for the purposes of effectuating this Settlement. Defendant consents to Settlement Class Counsel’s receiving access to this data in anonymized and aggregated form for purposes of effectuating this Settlement. Class Counsel is precluded from using the data for Settlement Class Members for any other purpose. (d) Subject to approval by the Court, Notice shall be provided to all persons in the Settlement Class in accordance with the notice procedures approved by the Court. The form of the Long Form Notice and Claim Form are attached to the [Proposed] Order Granting Plaintiffs’ Motion for Preliminary Approval as Exhibits 1 and 2. Notice will be sent in accordance with Fed.