Common use of Notice to Settlement Class Clause in Contracts

Notice to Settlement Class. In the event that the Court preliminarily approves the settlement, Class Plaintiffs’ Co-Lead Counsel shall, in accordance with Rule 23 of the Federal Rules of Civil Procedure and the Court’s Order, provide each Settlement Class Member who can be identified by reasonable means with notice in a reasonable manner as approved by the Court, the proposed plan of distribution of the settlement proceeds among the Settlement Class Members, and the date of the Settlement Hearing. In order to mitigate the costs of notice, End- Payor Plaintiffs shall endeavor, if practicable, to disseminate notice of this settlement with notice of any other settlements that are reached with any other Defendant. Prior to providing notice pursuant to this paragraph, End-Payor Plaintiffs shall submit to the Court within a reasonable period of time following preliminary approval, as determined in good faith by Class Plaintiffs’ Co-Lead Counsel, consistent with the parties’ goal of obtaining Final Approval of this settlement, a motion, subject to review by Lear and KL Sales and consistent with the content of this Settlement Agreement, for authorization to disseminate notice of the settlement to all Settlement Class Members (the “Notice Motion”). The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice. End-Payor Plaintiffs shall take all necessary and appropriate steps to ensure that notice is provided in accordance with the order of the Court. In addition: ▇. ▇▇▇▇ and KL Sales agree to permit a maximum of one hundred twenty-five thousand US dollars ($125,000 USD) of the Settlement Fund to be used towards Notice Costs. Funds expended pursuant to this paragraph may be paid without further approval from the Court and, in accordance with the provisions of paragraph 13, any amounts expended for Notice Costs are not recoverable if this settlement does not become final or is terminated. b. In no event shall Lear and/or KL Sales be responsible for giving notice of this settlement to members of the Settlement Class or for the administration of the Settlement Fund, including but not limited to the expense and cost of such notice and claims administration, except insofar as provided in this Settlement Agreement. c. If and to the extent a claims administrator is selected to administer any distribution from the Settlement Fund, that claims administrator shall determine through an audit process of claims filed that claimants qualify as Settlement Class Members.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Notice to Settlement Class. In the event that the Court preliminarily approves the settlement, Class Plaintiffs’ Co-Lead Counsel shall, in accordance with Rule 23 of the Federal Rules of Civil Procedure and the Court’s Order, provide each Settlement Class Member who can be identified by reasonable means with notice in a reasonable manner as approved by the Court, the proposed plan of distribution of the settlement proceeds among the Settlement Class Members, and the date of the Settlement Hearing. In order to mitigate the costs of notice, End- Payor Dealership Plaintiffs shall endeavor, if practicable, to disseminate notice of this settlement with notice of any other settlements that are reached with any other Defendant. Prior to providing notice pursuant to this paragraph, End-Payor Dealership Plaintiffs shall submit to the Court within a reasonable period of time following preliminary approval, as determined in good faith by Class Plaintiffs’ Co-Lead Counsel, consistent with the parties’ goal of obtaining Final Approval of this settlement, a motion, subject to review by Lear ▇▇▇▇ and KL Sales and consistent with the content of this Settlement Agreement, for authorization to disseminate notice of the settlement to all Settlement Class Members (the “Notice Motion”). The Notice Motion shall include a proposed form of, method for, and date of dissemination of notice. End-Payor Dealership Plaintiffs shall take all necessary and appropriate steps to ensure that notice is provided in accordance with the order of the Court. In addition: ▇. ▇▇▇▇ and KL Sales agree to permit a maximum of one hundred twenty-five thousand US dollars ($125,000 USD) of the Settlement Fund to be used towards Notice Costs. Funds expended pursuant to this paragraph may be paid without further approval from the Court and, in accordance with the provisions of paragraph 13, any amounts expended for Notice Costs are not recoverable if this settlement does not become final or is terminated. b. In no event shall Lear ▇▇▇▇ and/or KL Sales be responsible for giving notice of this settlement to members of the Settlement Class or for the administration of the Settlement Fund, including but not limited to the expense and cost of such notice and claims administration, except insofar as provided in this Settlement Agreement. c. If and to the extent a claims administrator is selected to administer any distribution from the Settlement Fund, that claims administrator shall determine through an audit process of claims filed that claimants qualify as Settlement Class Members.

Appears in 1 contract

Sources: Settlement Agreement