Selection of Settlement Administrator. Within thirty (30) calendar days following ex- ecution of this Settlement Agreement, Plaintiffs will retain, subject to prior written ap- proval by Defendants, a settlement claims administrator to administer the proposed set- tlement including creation and distribution of the Notice specified in Paragraph 7.2 and payment of all claims. Upon application by the Settlement Administrator to the Escrow Agent, all fees and expenses of administration of the Settlement shall be paid out of the Settlement Fund within thirty (30) calendar days of receipt by the Escrow Agent of such application together with such supporting documentation of such fees and expenses as shall reasonably be required by the Escrow Agent. Defendants and Defendants’ Counsel shall have no liability whatsoever for any acts or omissions of the Settlement Adminis- trator, Escrow Agent or Class Counsel or the administration of the Settlement.
Selection of Settlement Administrator. Class Counsel shall select the settlement administrator in advance of the hearing before the Court to consider entry of the Preliminary Approval Order (the “Settlement Administrator”). Because of the confidential nature of the information the Settlement Administrator will encounter in the administration of the Settlement, the Settlement Administrator shall be required to execute a standard HIPAA Business Associate Agreement in a form acceptable to the Parties.
Selection of Settlement Administrator. The Parties will mutually agree in 11 writing to select a Settlement Administrator after receiving bids from potential Settlement
Selection of Settlement Administrator. Defendant shall select the Settlement Administrator, with Class Counsel’s consent, which consent shall not be withheld unreasonably. As part of the Preliminary Approval Order, Class Counsel shall seek appointment of the Settlement Administrator.
Selection of Settlement Administrator. Class Counsel will seek competitive 24 bids from at least three reputable settlement administrators. Class Counsel will select the Settlement 25 Administrator, subject to Defendant’s consent, which shall not be unreasonably withheld.
Selection of Settlement Administrator. The Parties will mutually select a qualified 28 administrator to serve as the Settlement Administrator before the hearing on Preliminary Approval. 2 format, and translate materials, mail notices to Class Members, perform a skip trace for undeliverable 3 addresses, establish and maintain a Qualified Settlement Fund, obtain appropriate tax identification 4 numbers, calculate Individual Settlement Payments, calculate payroll withholdings and payroll taxes, 5 prepare and file all required IRS Forms and state tax forms, mail Individual Settlement Payments and tax 6 forms, establish a hotline telephone number for class member communications, post notices regarding 7 settlement on the Settlement Administrator’s website, remit all tax payments and required documentation 8 to federal and state taxing authorities, implement the process for any uncashed settlement checks, and 9 perform all other duties associated with settlement administration, including, but not limited to, all those 10 specified in this Agreement. Any dispute relating to settlement administration shall, after good-faith 11 efforts by the Parties to resolve the dispute, be referred to Xxxxx Xxxxxxx (or, if not available, anyone else 12 on whom the Parties mutually agree).
Selection of Settlement Administrator. 26 Class Counsel shall select the settlement administrator in advance of the hearing before the 27 Court to consider entry of the Preliminary Approval Order (the “Settlement Administrator”).
Selection of Settlement Administrator. The Parties have agreed that Plaintiff and Class Counsel shall request that the Court appoint Epiq Class Action & Claims Solution, Inc. as the Settlement Administrator. Subject to Court approval, Epiq Class Action & Claims Solution, Inc. will administer the Settlement. All Administration Expenses shall be paid from the Settlement Fund.
Selection of Settlement Administrator. Within thirty (30) calendar days following execution of this Agreement, Plaintiffs will retain, subject to prior written approval by Defendants and Third-Party Defendants, a settlement claims administrator to administer the proposed settlement including creation and distribution of the Notice specified in Paragraphs 12.20, 12.21 and 22 and payment of all Medical Consultation claims. Any and all of the Settlement Administrator’s fees and expenses which are reasonably required for administration of the Settlement with respect to Medical Consultation claims shall be paid out of the Medical Consultation Fund portion of the Settlement Fund consistent with this Agreement. The Settlement Administrator will not be responsible for administering, nor have authority to administer funds from the Remediation/Mitigation Fund. Defendants and Defendants’ Counsel and Third-Party Defendants and Third-Party Defendants’ Counsel shall have no liability whatsoever for any acts or omissions of the Claims Administrator or Class Counsel or the administration of the Settlement or Medical Consultation procedures. None of the Settlement Administrator’s fees, expenses, or other costs shall be paid from the portion of the Settlement Fund designated as the Remediation/Mitigation Fund.
Selection of Settlement Administrator. Plaintiffs select Rust Consulting as the settlement administration company. All settlement administrative costs will be paid from the Settlement Fund, including fees incurred during the conditional certification notice period. The Settlement Administrator shall be responsible for: (a) establishing a qualified settlement fund and qualified settlement fund account, and determining and finalizing the calculations of the Participating Class and Collective Members’ settlement shares and tax withholding amounts, as applicable; (b) providing notice of settlement to the Class and Collective Members via First Class United States mail that includes a link to a website with additional settlement information; (c) setting up and maintaining a website that provides additional information relating to the proposed settlement and administration; ((d) ascertaining updated mailing addresses for Class and Collective Members for those whose mailed notices are returned as undeliverable; (e) copying counsel for all Parties on material correspondence and promptly notifying all counsel for the Parties of any material requests or communications made by any Class and Collective Member who receives notice; (f) determining the final settlement payment for each Participating Class and Collective Member in accordance with this Agreement; (g) withholding appropriate federal income taxes for Participating Class and Collective Members for whom taxpayer identification number(s) cannot be determined; (h) mailing the settlement checks to Participating Class and Collective Members; (i) wiring Class Counsel’s attorneys’ fees, expenses, and costs and mailing the Service Payments and Settlement Awards in accordance with this Agreement and Order of the Court; G) issuing W-2 and 1099 Forms for all amounts paid to Participating Class and Collective Members, as appropriate; (k) referring to Class Counsel all inquiries by Class and Collective Members that the Settlement Administrator cannot resolve and/or which involve matters not within the Settlement Administrator’s duties specified herein; (I) promptly apprising counsel for the Parties of the activities of the Settlement Administrator; (m) maintaining adequate records of its activities, including the date(s) notice is administered, receipt of Opt-Out forms, returned mail, and other communications and attempted written or electronic communications with the Class and Collective Members; (n) confirming in writing to Counsel and the Court its completio...
