Common use of Class Settlement Website Clause in Contracts

Class Settlement Website. The Settlement Administrator will continue to operate and maintain the Class Settlement Website, in order to implement the terms of the Amended Settlement Agreement. Within 15 days of entry of the Court’s Order granting New Preliminary Approval, the Class Settlement Website will be updated with the information described in this Section V.C.3. The Class Settlement Website will post certain settlement documents such as the Amended Settlement Agreement, the Exhibits to the Amended Settlement Agreement, the New Long-Form Settlement Notice, the New Preliminary Approval Order, and Class Counsel’s application for attorneys’ fees, costs, and other expenses. When the Class Settlement Website is updated as described in this Section V.C.3, it will post the instructions and Court-approved claim forms for the Interstate Batteries Settlement Program. These instructions will explain the Interstate Batteries Settlement Program and how an eligible Settlement Class Member can participate in that program. The instructions will also explain the claim forms and process for submitting a tier-one claim and a tier-two claim. In addition, the Class Settlement Website will provide ongoing procedural information regarding the status of the Court-approval process, including certain deadlines and other dates established by the Court, such as the deadline for filing objections to the settlement, the date of the Final Approval hearing, when the Final Judgment and Order has been entered, when the Effective Date has been reached, and the Submission Deadline. The Class Settlement Website will also contain a hyperlink to Class Counsel’s Website, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, and Interstate Batteries’ Online Store, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. The Parties and the proposed Settlement Administrator have agreed that they will jointly recommend a New Long-Form Settlement Notice for the Court’s approval. Although this will be a Rule 23(b)(2) settlement class, the Parties have prepared the content of the New Long-Form Settlement Notice in accordance with the more stringent requirements for notice in a Rule 23(b)(3) class, as stated in Rule 23(c)(2)(B)(i-iv and vii) and the Federal Judicial Center’s guidelines. A proposed New Long-Form Settlement Notice is attached as Exhibit B. That New Long-Form Settlement Notice is designed to provide comprehensive and reasonable notice of the terms of the Amended Settlement Agreement. Because the Settlement Class is to be certified under Federal Rule of Civil Procedure 23(b)(2), the specific notice requirements for a Rule 23(b)(3) class do not apply. The Settlement Administrator will maintain the Class Settlement Website at least until either (1) December 31, 2020, or (2) the date on which the proposed settlement is terminated or otherwise not approved by a court. The Settlement Administrator will then transfer ownership of the URL to the Settling Defendants.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement