Common use of Settlement Administration Clause in Contracts

Settlement Administration. 5.1. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Illinois Settlement Fund and/or the Ohio Settlement Fund paid on account of Approved Illinois Claims and Approved Ohio Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Receive exclusion forms and other requests from the Illinois Settlement Class Members and/or Ohio Settlement Class Members and promptly provide a copy of such requests to Class Counsel and Defendant’s Counsel upon receipt. If the Settlement Administrator receives any exclusion forms or other requests from the Illinois Settlement Class or Ohio Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel; (b) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the current number approved by the Settlement Administrator at that time, and the number of opt-outs received; (c) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Form, any documentation submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice; (d) Pay all Approved Illinois Claims and Approved Ohio Claims according to the terms of this Settlement Agreement; (e) Make all tax filings related to the Escrow Accounts, including requesting Form W-9’s from Ohio Settlement Class Members and/or Illinois Settlement Class Members and performing back-up withholding as necessary, and making any required “information returns” as that term is used in 26 U.S.C. § 1, et seq. Neither Class Counsel nor Defendant make any representations regarding the tax treatment of either the Illinois Settlement Fund or the Ohio Settlement Fund; and (f) Respond to questions about the Settlement from class members. 5.2. The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud. The Settlement Administrator, after consultation with Class Counsel, shall reject Claim Forms where there is evidence of abuse or fraud. 5.3. The Settlement Administrator shall also reject any Claim Form that does not contain all requested information. The Settlement Administrator shall provide the class member with an opportunity to cure within twenty-one (21) days. If the Class Member fails to cure within the required time, the claim shall be rejected. 5.4. In the exercise of their duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Illinois Settlement Class Member or Ohio Settlement Class Member.

Settlement Administration. 5.1. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Defendant’s Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with regular reports at weekly intervals containing information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Illinois Settlement Fund and/or the Ohio Settlement Fund paid on account of Approved Illinois Claims and Approved Ohio Claims. Without limiting the foregoing, the Settlement Administrator shall:Settlement (a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents and other materials received in connection with the administration of the Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed in accordance with the terms of this Agreement; (b) Provide Class Counsel and Defendant’s Counsel with drafts of all administration related documents, including but not limited to CAFA Notices, follow-up class notices or communications with Settlement Class Members, telephone scripts, website postings or language or other communications with the Settlement Class, at least five (5) days before the Settlement Administrator is required to or intends to publish or use such communications, unless Class Counsel and Defendant’s Counsel agree to waive this requirement in writing on a case by case basis; (c) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from the Illinois Settlement Class Members and/or Ohio Settlement Class Members and promptly provide a copy of such requests to Class Counsel and Defendant’s Counsel upon receiptcopies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Illinois Settlement Class or Ohio Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel; (bd) Provide weekly reports to Class Counsel and Defendant’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the current number approved by the Settlement Administrator at that timeAdministrator, and the number categorization and description of opt-outs received;Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (ce) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Form, any documentation submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice; (d) Pay all Approved Illinois Claims and Approved Ohio Claims according to the terms of this Settlement Agreement; (e) Make all tax filings related to the Escrow Accounts, including requesting Form W-9’s from Ohio Settlement Class Members and/or Illinois Settlement Class Members and performing back-up withholding as necessary, and making any required “information returns” as that term is used in 26 U.S.C. § 1, et seq. Neither Class Counsel nor Defendant make any representations regarding the tax treatment of either the Illinois Settlement Fund or the Ohio Settlement Fund; and (f) Respond to questions about the Settlement from class members. 5.2. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud. The Settlement Administrator, after consultation with Class Counsel, shall reject fraud and deny Claim Forms where there is evidence of abuse or fraud. 5.3. The Settlement Administrator shall also reject any determine whether a Claim Form submitted by a Settlement Class Member is an Approved Claim by determining if the Person is on the Class List and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or (b) provide full and complete information as requested on the Claim Form. In the event a Person submits a timely Claim Form by the Claims Deadline where the Person appears on the Class List but the Claim Form is not contain all otherwise complete, then the Settlement Administrator shall give such Person one (1) reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator no later than thirty (30) calendar days after the Claims Deadline. In the event the Settlement Administrator receives such information more than thirty (30) days after the Claims Deadline, then any such claim shall be denied. The Settlement Administrator shall provide may contact any Person who has submitted a Claim Form to obtain additional information necessary to verify the class member with an opportunity to cure within twenty-one (21) days. If the Class Member fails to cure within the required time, the claim shall be rejectedClaim Form. 5.45.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form submitted by Settlement Class Members. The 5.4 In the exercise of their its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Illinois Settlement Class Member or Ohio Settlement Class Member.

Settlement Administration. 5.1. 6.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Settlement Class Counsel and Defendant’s Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Settlement Class Counsel and Defendant’s Defendants’ Counsel with information concerning Notice, administration, and implementation of the Settlement Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, Parties shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Illinois Settlement Fund and/or the Ohio Settlement Fund paid to Settlement Class Members on account of Approved Illinois Claims and Approved Ohio Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendants’ Counsel, with copies to Settlement Class Counsel, (b) Receive exclusion forms requests to be excluded from the Settlement Class and other requests from the Illinois Settlement Class Members and/or Ohio Settlement Class Members and promptly provide a copy of such requests to Settlement Class Counsel and Defendant’s Defendants’ Counsel upon receiptcopies thereof. If the Settlement Administrator receives any exclusion forms or other requests from the Illinois Settlement Class or Ohio Settlement Class after the Objection/Exclusion Deadlinedeadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Settlement Class Counsel and Defendant’s Defendants’ Counsel; (bc) Provide weekly reports to Settlement Class Counsel and Defendant’s Defendants’ Counsel, including without limitation, reports regarding the number of Claim Forms received, the current number approved by the Settlement Administrator at that timeAdministrator, and the number categorization and description of opt-outs received;Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (cd) Make available for inspection by Settlement Class Counsel or Defendant’s Defendants’ Counsel the Claim Form, any documentation submitted in support thereof, and any correspondence Forms received by the Settlement Administrator at any time upon reasonable notice; (d) Pay all Approved Illinois Claims and Approved Ohio Claims according to the terms of this Settlement Agreement; (e) Make all tax filings related to the Escrow Accounts, including requesting Form W-9’s from Ohio Settlement Class Members and/or Illinois Settlement Class Members and performing back-up withholding as necessary, and making any required “information returns” as that term is used in 26 U.S.C. § 1, et seq. Neither Class Counsel nor Defendant make any representations regarding the tax treatment of either the Illinois Settlement Fund or the Ohio Settlement Fund; and (f) Respond to questions about the Settlement from class members. 5.2. 6.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud. The Settlement Administrator, after consultation with Class Counsel, shall reject fraud and deny Claim Forms where there is evidence of abuse or fraud. 5.3. The Settlement Administrator shall also will reject any Claim Form claim that does not contain all requested informationcomply in any material respect with the instructions on the Claim Form or the terms of Section(s) 3.1, above, or is submitted after the Claims Deadline. The Subject to practical limitations to be determined by the Settlement Administrator in its sole discretion, each claimant who submits an invalid Claim Form to the Settlement Administrator shall provide be given a notice of the class member with Claim Form’s deficiency and an opportunity to cure the deficiency within twenty-one (21) daysdays of the date of the notice. If the Class Member fails to cure within the required time, the claim shall be rejected.The 5.4. 6.3 In the exercise of their its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Illinois Settlement Class Member or Ohio Settlement Class Member.