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 performed 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 (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 Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any exclusion requests from Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel. (c) Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received. (d) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing information.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1 4.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by providing Notice and processing Claim Forms Settlement Claims in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities performed under this Settlement Agreement. The Settlement Administrator shall maintain all such records also provide reports and other information to the Court as are required by applicable law the Court may require, including those set forth in accordance with its normal business practicesthe Preliminary Approval Order. Without limiting the foregoing, and such records will be made available to Classthe Settlement Administrator shall: (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 Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive requests from Settlement Class Members to exclude themselves be excluded from the Settlement Agreement Class and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receiptcopies thereof. If the Settlement Administrator receives any exclusion requests from Settlement Class Members forms after the deadline for the submission of such forms and requestsforms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s 's Counsel.; (b) Obtain the contact information for known Settlement Class Members from Defendant; (c) Provide weekly reports to Class Counsel and Defendant’s Counsel as provided Effectuate the Notice Plan in the contract to be entered into by Defendant accordance with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received.procedures set forth in this Agreement; (d) Make available Establish and maintain a post office box for inspection by Class Counsel or Defendant’s Counsel the mailed Claim Forms and any other documents or correspondence received by Requests for Exclusions; (e) Establish and maintain the Settlement Administrator relating Website that, among other things, allows Class Members to submit Settlement Claims electronically; (f) Establish and maintain a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and respond to such inquiries; (g) Respond to any mailed or emailed Settlement Class Member inquiries; (h) Process all Requests for Exclusion from the Settlement Class; (i) In advance of the Final Approval Hearing, prepare affidavits to submit to the Court that: (i) attest to implementation of the Notice Plan in accordance with the Preliminary Approval Order; and (ii) identify each Settlement Agreement at any time upon reasonable notice.Class Member who timely and properly provided a Request for Exclusion; 5.2 The Settlement Administrator shall employ reasonable procedures to screen (j) Review, determine the validity of, and process all Claim Forms for abuse or fraudsubmitted by Settlement Class Members, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary pursuant to screen the claim for fraud or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing information.criteria set forth in this Agreement;

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

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 performed 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 Classadminister (a) Forward to Defendant’s Counsel, with copies to Settlement Class Counsel, all original documents and other materials received in connection with the administration of the Settlement Agreement Agreement, and all copies therefore, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive exclusion forms and other requests from members of the Settlement Class Members Classes to exclude themselves from the Settlement Agreement and promptly provide to Settlement Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any exclusion forms or other requests from members of the (c) Provide reports and/or summaries to Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel. (c) Provide weekly reports to Class Counsel and Defendant’s Counsel , the Parties and/or their representatives as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received.received and the amount of benefits sought, the number thereof approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (d) Make available for inspection by Settlement Class Counsel or Defendant’s Counsel Counsel, the Parties and/or their representatives the Claim Forms and any other documents or correspondence supporting documentation received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen Claim Forms claims for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where the name provided on a Claim Form does not appear on the Class List or where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the Claimant claimant a reasonable opportunity to provide any requested missing information.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by providing Notice and processing Claim Forms in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities performed 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, practices and such records will be made available to Class (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 Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receiptrequest. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. Without limiting the foregoing, the Settlement Administrator shall: a. Receive requests to be excluded from the Class and promptly provide Class Counsel and Defendant’s Counsel copies thereof. If the Settlement Administrator receives any exclusion requests from Settlement Class Members forms after the deadline for the submission of such forms and requestsforms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.; (c) b. Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received.received and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; (d) c. Make available for inspection by Class Counsel or and Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall employ reasonable procedures to screen Claim Forms claims for abuse or fraud, including by cross-referencing the contact information provided on the fraud and deny Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject determine whether a Claim Form submitted by a Class Member is an Approved Claim and shall reject Claim Forms that does fail to (a) comply with the instructions on the Claim Form or the terms and conditions 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 but the Claim Form is not contain all requested information necessary to screen otherwise complete, then the claim for fraud or abuse, after giving the Claimant a Settlement Administrator shall give such person reasonable opportunity to provide any requested missing information., which information must be received by the Settlement Administrator by the Claims Deadline, or fourteen

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

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 performed 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, practices and such records will be made available to ClassClass 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 shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) 5.1.1. 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 Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) 5.1.2. Receive requests from Settlement Class Members to exclude themselves be excluded from the Settlement Agreement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receiptcopies thereof. If the Settlement Administrator receives any exclusion forms or other requests from Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.; (c) 5.1.3. Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement AdministratorCounsel, including without limitation, reports regarding the number of Claim Forms received., the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (d) 5.1.4. Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen Claim Forms claims for abuse or fraud, including by cross-referencing the contact information provided on the fraud and deny Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject a Claim Form any claim that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing information.does

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

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 performed 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, practices and such records will be made available to ClassClass 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 shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts from the Settlement Fund paid to Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) 5.1.1. 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 Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) 5.1.2. Receive requests from Settlement Class Members to exclude themselves be excluded from the Settlement Agreement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receiptcopies thereof. If the Settlement Administrator receives any exclusion forms or other requests from Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.; (c) 5.1.3. Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement AdministratorCounsel, including without limitation, reports regarding the number of Claim Forms received., the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (d) 5.1.4. Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 5.2. The Settlement Administrator shall be obliged to employ reasonable procedures to screen Claim Forms claims for abuse or fraud, including by cross-referencing the contact information provided on the fraud and deny Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject any claim that does not comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to the Settlement Administrator must be given a notice of the Claim Form’s deficiency and an opportunity to cure the deficiency within twenty-one (21) days of the date of the notice. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the Claim Form. 5.3. 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 and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form. To the extent Class Counsel and Defendant’s Counsel are not able to agree on the disposition of a challenge, the disputed claim shall be submitted to The ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of JAMS for fraud binding determination. 5.4. In the exercise of its duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing informationSettlement Class Member.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

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 performed 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, practices and such records will be made available to ClassClass 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 State-Specific Settlement Funds paid on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall: (a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents receive exclusion forms and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide a copy of such requests to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class Members after the deadline for the submission of such forms and requestsObjection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.; (cb) Provide provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement AdministratorCounsel, including including, without limitation, reports regarding the number of Claim Forms received., the current number approved by the Settlement Administrator at that time from each of the Settlement Classes, and the number of opt-outs received; (dc) Make make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms Forms, any documentation submitted in support thereof, and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice; (d) pay all Approved Claims according to the terms of this Settlement Agreement; (e) make all tax filings related to the Escrow Accounts, including making any required “information returns” as that term is used in 26 U.S.C. § 1, et seq. Neither Class Counsel nor Defendant makes any representations regarding the tax treatment of the Escrow Account, State-Specific Settlement Funds or any portion thereof; and (f) respond to questions about the Settlement from Settlement Class Members. 5.2 5.2. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms claims for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator Administrator, after consultation with Class Counsel, shall reject a Claim Form, or any part of a claim for a payment reflected therein, Forms where there is evidence of abuse or fraud. 5.3. The Settlement Administrator shall also reject a any Claim Form that does not contain all requested information necessary information. The Settlement Administrator shall provide the individual with an opportunity to screen cure any deficient Claim Form within twenty-one (21) days after notice to such individual. If the individual fails to cure within the required time, the claim for fraud 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 abuse, after giving the Claimant a reasonable opportunity to provide any requested missing informationSettlement Class Member.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement

Settlement Administration. 5.1 A. The Settlement Administrator shallProceeds shall be administered pursuant to the provisions of this Settlement Agreement and subject to the Court’s continuing supervision and control, under until the supervision Settlement Proceeds are fully distributed, as described in this section. The Parties agree that Class Counsel will retain a third-party settlement administrator. Accordingly, the distribution of Settlement Proceeds to Class Members will be handled by the third- party administrator. B. After the Effective Date, the Settlement Proceeds shall be disbursed in accordance with a plan of distribution approved by the Court or other Court order. The Settlement Class Members shall look solely to the Settlement Proceeds for settlement and satisfaction of any and all Released Claims from the Released Party. Subject to approval by the Court, administer each Settlement Class Member seeking to receive funds distributed pursuant to this Agreement must execute a written release in favor of the relief Released Party of all Released Claims. C. Defendants will be solely responsible for determining whether any “Conditional Payments,” as that term is defined under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(2)(B), have been made by Medicare on a Participating Class Member’s behalf. To the extent that any Participating Class Member is a Medicare beneficiary, Settlement Class Counsel will provide Defendants’ Counsel with information sufficient to make such a determination, as provided on that Participating Class Member’s Claim Form and Release. All information provided by Settlement Class Counsel pursuant to this Section shall be subject to the operative protective order entered in this Action. Defendants shall use such information solely for purposes of determining whether Medicare has made any Conditional Payments on behalf of a particular Participating Class Member, and for no other purpose. Other than as provided herein, Defendants and Defendants’ Counsel shall not disclose such information to any person (other than to Medicare personnel, who are also prohibited from using such information for any other purpose than determining whether any Conditional Payments have been made by Medicare on a Participating Class Member’s behalf). The confidentiality requirements of this Paragraph shall continue to bind Defendants and Defendants’ Counsel in the event that this Agreement is rescinded, terminated, not approved by the Court, or otherwise no longer in effect. Defendants and Defendants’ Counsel will destroy all information provided pursuant to this Paragraph no later than 30 days after completion of all payments described in Sections III(A) and III(B) or termination of this Settlement Agreement by processing Claim Forms as described in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities performed 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 (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 Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any exclusion requests from Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s CounselSection XXIII. (c) Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received. (d) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing information.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 5.1 The Parties agree to recommend that the Court appoint Rust Consulting as Settlement Administrator shallto: (a) implement and distribute the Class Notice by electronic mail and U.S. Mail as provided herein; (b) distribute or make available the Claim Forms to Class Members after the Preliminary Approval Date as provided herein; (c) establish and maintain the Settlement Website; and (d) to provide reasonable and necessary ancillary settlement administration services. 5.2 Because the names of Class Members and other personal information about them will be provided to the Settlement Administrator for purposes of sending Class Notice and processing opt out requests, under the supervision Settlement Administrator will ensure that any information provided to it by Settlement Class Members will be secure and used solely for the purpose of the Court, administer the relief provided by effecting this Settlement Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. will execute any appropriate agreement needed to ensure confidentiality. 5.3 The Settlement Administrator shall maintain reasonably detailed records administer the Settlement in the most cost- effective and timely manner, subject to the terms and conditions of its activities performed under this Settlement Agreement. Without limiting any of its other obligations as stated herein, the Settlement Administrator shall be responsible for printing and mailing and/or emailing the Class Notice, establishing and maintaining the Settlement Website, and providing all other related support, reporting, and administration as further stated in this Settlement Agreement. Class Counsel and Sharp’s Counsel may direct the Settlement Administrator to assist with various additional administrative tasks in implementing the Settlement as Class Counsel and Sharp’s Counsel shall deem appropriate by mutual agreement. 5.4 In fulfilling its responsibilities in providing Class Notice, the Settlement Administrator shall be responsible for, without limitation, consulting on and designing the notice to the Settlement Class. In particular, the Settlement Administrator shall be responsible for: (a) printing and mailing and/or emailing the Class Notice as provided herein; (b) printing and mailing the Claim Forms as provided herein; (c) responding to requests from Class Counsel and/or Sharp’s Counsel; (d) establishing a toll-free voice response unit with message and interactive voice response (IVR) capabilities to which Class Members may refer for information about the Action and the Settlement; (e) receiving and maintaining any Class Member correspondence regarding requests for exclusion to the Settlement; (f) forwarding inquiries from Class Members to Class Counsel for a response, if warranted; (g) establishing a post office box for the receipt of Claim Forms, exclusion requests, and any correspondence; and (h) establishing and maintaining the Settlement Website as detailed herein; and (i) collecting, preserving, and making completed Claim Forms received from Settlement Class members (whether via the Settlement Website or otherwise) available to Sharp on a weekly basis. 5.5 The Settlement Administrator also shall be responsible for providing the required CAFA Notice to the appropriate Federal official and appropriate State officials within ten (10) days of the filing of this Settlement Agreement with the Court pursuant to the Class Action Fairness Act, 28 U.S.C. § 1715. Any and all cost or expense related to, either directly or indirectly, this compliance with CAFA, shall be paid by Sharp. 5.6 The Settlement Administrator shall maintain all such records as are required by applicable law administer the Settlement in accordance with its normal business practicesthe terms of this Settlement Agreement and, without limiting the foregoing, shall: a. Treat any and all documents, communications, and such records will be made available to Class (a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents other information and other materials received in connection with the administration of the Settlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreementby court order; (b) b. Receive requests for exclusion or opt out requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide to Class Counsel and DefendantSharp’s Counsel a copy thereof upon receipton a weekly basis. If the Settlement Administrator receives any requests for exclusion requests from Settlement Class Members or opt out request after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide Class Counsel and Sharp’s Counsel with copies thereof thereof; c. Receive and maintain all correspondence from any Class Member regarding the Settlement; and d. Provide a summary report on a monthly basis to Class Counsel and DefendantSharp’s Counsel on number of calls and any other pertinent information agreed to by Class Counsel and Sharp’s Counsel. 5.7 In coordination with Rust, Sharp shall be responsible for receiving completed Claim Forms, reviewing them for eligibility, and paying eligible Claims with funds to be provided by Sharp. Sharp shall review Claim Forms according to the review protocols agreed to by the Parties and set forth in this Settlement Agreement. For those subject to the Prior Claim Deadline (ci.e. consumers whose five-year Extended Warranty expired prior to or on the date of the Final Approval Hearing) Provide weekly Sharp shall distribute the Settlement benefits to Settlement Class Members and pay funds to Settlement Class Members in the amounts set forth in timely and valid Claim Forms within sixty (60) days of the (a) Prior Claim Deadline (as applicable to consumers whose five- year Warranty expired prior to or on the date of the Final Approval Hearing) or within sixty (60) days of (b) the Effective Date, whichever is later. For those subject to the Future Claim Deadline (i.e. consumers whose five-year Extended Warranty has not expired prior to or on the date of the Final Approval Hearing), Sharp shall distribute the Settlement benefits to Settlement Class Members and pay funds to Settlement Class Members in the amounts set forth in timely and valid Claim Forms within a reasonable time consistent with Sharp’s warranty claim ▇▇▇▇▇▇▇.▇▇▇▇▇ shall use the Claim Form, attached hereto as Exhibit B, to administer the claims of all Settlement Class Members. 5.8 Sharp shall establish a toll-free voice response unit with message and interactive voice response (IVR) capabilities to which Settlement Class Members may refer for information about the submission of Claim Forms. Sharp shall also establish a dedicated Sharp-based email address to be used for, inter alia, the receipt of Claim Forms and supporting documentation from Settlement Class Members. Information about this dedicated email address shall be provided to Settlement Class Members in the Class Notice, on the Claim Form, and on the automated toll-free telephone lines established by the Settlement Administrator and Sharp. 5.9 Class Members must follow and abide by the instructions set forth in the Claim Form. Claim Forms that do not meet the requirements set forth in the Claim Form instructions shall be rejected. Where a good faith basis exists, Sharp may reject a Settlement Class Member’s Claim Form for good cause and, among any other valid reason, the following: (i) failure to fully complete and/or sign the Claim Form; (ii) illegible Claim Form; (iii) the person submitting the Claim Form is not a Class Member; (iv) the Claim Form is fraudulent; (v) the Claim Form is duplicative; (vi) failure to submit a Claim Form by the Prior Claim Deadline or Future Claim Deadline, as applicable; and/or (vii) the Claim Form otherwise does not meet the requirements of this Settlement Agreement. 5.10 Sharp shall determine whether a Claim Form meets the requirements set forth in this Settlement Agreement. Each Claim Form shall be submitted to and reviewed by Sharp, who shall determine (in accordance with this Settlement Agreement) the extent, if any, to which the claim shall be allowed. 5.11 Sharp shall have (a) thirty (30) days from the receipt of the Claim Form or (b) thirty (30) days after the Effective Date, whichever is later, to exercise the right of rejection. Sharp shall notify the Settlement Class Member using the contact information provided in the Claim Form of the rejection. Class Counsel and Sharp’s Counsel shall be provided with copies of all such notifications to Settlement Class Members. If any Class Member whose Claim Form has been rejected, in whole or in part, desires to contest such rejection, the Settlement Class Member must, within thirty (30) business days from receipt of the rejection, transmit to Sharp by U.S. Mail or electronic mail a notice and statement of reasons indicating the grounds for contesting the rejection, along with any supporting documentation, and requesting further review, in consultation with Class Counsel and Sharp’s Counsel, of the denial of the Claim Form. Sharp shall provide Class Counsel with the Settlement Class Member’s notice and statement of reasons for contesting the rejection and all supporting documentation received by Sharp from the Settlement Class Member. If Class Counsel and Sharp’s Counsel cannot agree on a resolution of the Settlement Class Member’s notice contesting the rejection, the disputed Claim Form shall be presented to the Court, and/or a referee appointed by the Court to make recommendations to the Court, for summary and non-appealable resolution. 5.12 Sharp shall also provide quarterly summary reports to Class Counsel regarding its administration of Settlement Class Member claims. Such quarterly reports shall be submitted to Class Counsel via email and Defendant’s Counsel as provided in shall include, at a minimum, the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding following information: (a) the number of Claim Forms received. received by Sharp (either directly or via the Settlement Administrator), (b) the number of Claim Forms approved by Sharp as valid, (c) the number of Claim Forms rejected by Sharp as invalid and the reasons for such rejection, and (d) Make available for inspection the amount paid to each Settlement Class Member in connection with an approved Claim Form. 5.13 No person shall have any claim against Sharp, Sharp’s Counsel, Plaintiffs, Class Counsel, the Settlement Class, and/or the Settlement Administrator based on any eligibility determinations, distributions, or awards made in accordance with this Settlement Agreement. This provision does not affect or limit in any way the right of review by the Court or referee of any disputed Claim Forms as provided in this Settlement Agreement. 5.14 Claim Forms submitted via U.S. Mail or electronically to the Settlement Administrator shall be deemed to have been submitted when it is actually received by the Settlement Administrator, or by the USPS postmark date or date stamp on the electronic submission, whichever is earlier. 5.15 Claim Forms submitted via U.S. Mail or electronically to Sharp shall be deemed to have been submitted when it is actually received by Sharp, or by the USPS postmark date or date stamp on the electronic submission, whichever is earlier. 5.16 Class Counsel or Defendantand Sharp’s Counsel shall have the right to inspect the Claim Forms and any other documents or correspondence supporting documentation received by the Settlement Administrator relating to the Settlement Agreement or Sharp at any time upon reasonable notice. 5.2 The 5.17 Any Class Member who, in accordance with the terms and conditions of this Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse or fraudAgreement, does not seek exclusion from the Settlement Class will be bound together with all Class Members by all of the terms of this Settlement Agreement, including by cross-referencing the contact information terms of the Final Order and Judgment to be entered in the Action and the releases provided on the Claim Forms against the Class Listfor herein, and where a Claimant’s contact information does not appear on will be barred from bringing any action in any forum (state or federal) against any of the Class List, Released Parties concerning the claims released in this Settlement Agreement. 5.18 Not later than fourteen (14) days before the date of the Final Approval Hearing the Settlement Administrator shall request file with the Court an affidavit containing a list of those persons who have opted out or excluded themselves from the Settlement. 5.19 If the Settlement is not approved or for any reason the Effective Date does not occur, any Claim Forms submitted in connection with Prior Claims shall be deemed void and disregarded, no payments or distributions of any kind shall be made pursuant to this Settlement Agreement, except for the costs and expenses of the Settlement Administrator, which shall be paid by Sharp, and for which Plaintiffs and/or Class Counsel are not responsible. In the event the Settlement Administrator fails to perform its duties, and/or makes a material or fraudulent misrepresentation to, or conceals requested material information from Class Counsel, Sharp, and/or Sharp’s Counsel, then the party to whom the misrepresentation is made shall, in addition to any other appropriate relief, have the right to demand that Claimant further informationthe Settlement Administrator immediately be replaced. No party shall unreasonably withhold consent to remove the Settlement Administrator. The Parties will attempt to resolve any disputes regarding the retention or dismissal of the Settlement Administrator in good faith, and, if they are unable to do so, will refer the matter to the Court for resolution. 5.20 Reasonable costs for the administration of the settlement (including notice to the class and administration of the claims process described herein) shall reject be paid by Sharp. Sharp shall have the right to approve in advance a Claim Formbudget for notice and administrative expenses of the Settlement Administrator, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator which shall also reject a Claim Form that does not contain all requested information necessary be subject to screen the claim for fraud or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing informationCourt approval.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 5.1 6.1 The Settlement Administrator retained by the Parties shall have the following a. Identify physical addresses for Settlement Class members through reverse lookups as set forth in Section 4 above; b. Prepare the Email, Long Form, Postcard, Online Media and Publication Notices, in substantially the form as those attached to this Agreement as approved by the Court; c. Implement the Notice Plan set forth in Section 4 above; d. Create and maintain the Settlement Website; e. Establish a dedicated toll-free number with interactive voice recognition and available live operators; f. Process, log, and review claims for deficiencies and/or fraud, and address deficiencies with claimants providing them with an opportunity to cure, as provided for in Section 5.2; g. Calculate Settlement Class Member awards and distribute awards to Settlement Class Members who file valid claims, maintain a bank account to contain the Settlement Fund, maintain all required records, make a second distribution as provided for in Section 2.3(c), if necessary, and distribute any funds remaining from uncashed checks to the Consumer Federation of America; h. Provide the Parties with weekly reports regarding the status of the Notice Plan, and number of claims, exclusion requests, and objections received; i. Maintain copies of exclusion requests and objections; and j. Provide declarations to the Court in support of preliminary and final settlement approval. 6.2 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by processing Claim Forms completing its duties in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities performed under this Settlement Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law and in accordance with its normal business practices, including but not limited to a summary of work performed by the Settlement Administrator, and such an accounting of all amounts paid from the Settlement Fund to Settlement Class Members. Such records will be made available to Class (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 Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement; (b) Receive requests from Settlement Class Members to exclude themselves from the Settlement Agreement and promptly provide provided to Class Counsel and Defendant’s Monitronics’ Counsel a copy thereof upon receipt. If and to the Settlement Administrator receives any exclusion requests from Settlement Class Members after Court along with the deadline motion for final approval. 6.3 In the submission exercise of such forms and requestsits duties outlined in this Agreement, the Settlement Administrator shall promptly provide copies thereof have the right to reasonably request additional information from the Parties or any Settlement Class Counsel and Defendant’s CounselMember. 6.4 The Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the applicable provisions of the Class Action Fairness Act (c) Provide weekly reports to Class Counsel and Defendant’s Counsel “CAFA”), including the notice requirements in 28 U.S.C. § 1715. 6.5 As soon as provided in practicable after the contract to be entered into by Defendant with conclusion of the Settlement Administrator, including without limitation, reports regarding ’s obligations to provide notice and administer the number of Claim Forms received. (d) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class Listsettlement, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the Claimant a reasonable opportunity to provide any requested missing informationClass Counsel and Monitronics’ Counsel with an appropriate declaration outlining compliance with those obligations.

Appears in 1 contract

Sources: Class Action Settlement Agreement

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 manner5.1. The Settlement Administrator shall maintain reasonably detailed records of its activities performed under this provide Notice to the Settlement AgreementClass Members as described in Section 4, and create and administer the Settlement Website. 5.2. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices, receive and such records will be made available to Class (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 Agreement within thirty (30) days after the date on which all review Claim Forms have been finally approved or disallowed per the terms of the submitted electronically. The Settlement Agreement; (b) Receive Administrator shall also receive and review opt out requests from Settlement Class Members to exclude themselves from the Settlement Agreement and all other forms and requests, and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receipt. If the Settlement Administrator receives any exclusion requests from Settlement Class Members after the deadline for the submission copies of such forms and requests, the . 5.3. The Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel. (c) Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received, the type of relief Settlement Class Members have chosen, and the number of Approved Claim Forms. (d) Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information5.4. The Settlement Administrator shall reject a Claim Formkeep reasonably detailed records of its activities associated with the Agreement and shall maintain all such records as required by applicable law and in accordance with reasonable business practices. Such records shall be available to Class Counsel and Defendant’s Counsel upon request, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraudand shall be provided to the Court if so required. 5.5. The Settlement Administrator shall also provide Class Counsel and Defendant’s Counsel information concerning Notice, and administration and information of the Settlement Agreement. 5.6. The Settlement Administrator shall determine whether any Claim Form submitted is an Approved Claim Form and shall reject any Claim Form that fails to (i) comply with the instructions on the Claim Form or terms of the Agreement, or (ii) provide full and complete information as requested on the Claim Form. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the claim for fraud Claim Form. 5.7. Class Counsel and Defendant’s Counsel shall have the right to challenge any acceptance or abusedenial of a Claim Form. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed Claim Form. In the event that Class Counsel and ▇▇▇▇▇▇▇▇▇’s Counsel cannot agree regarding a disputed Claim Form, after giving the Claimant a reasonable opportunity Parties may submit the issue to provide any requested missing informationmediation before ▇▇▇ ▇▇▇▇▇▇▇ of JAMS.

Appears in 1 contract

Sources: Class Action Settlement Agreement

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 performed 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 Classmaintain (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 Agreement Settlement, and all copies thereof, within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per in accordance with the terms of the Settlement this Agreement; (b) Receive requests from Settlement Class Members to exclude themselves be excluded from the Settlement Agreement Class and other requests and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receiptcopies thereof. If the Settlement Administrator receives any exclusion forms or other requests from Settlement Class Members after the deadline for the submission of such forms and requests, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.; (c) Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement AdministratorCounsel, including without limitation, reports regarding the number of Claim Forms received., the number approved by the Settlement Administrator, and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; and (d) Make available for inspection by Class Counsel or Defendant’s Defendants Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice. 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen Claim Forms claims for abuse or fraud, including by cross-referencing the contact information provided on the fraud and deny Claim Forms against the Class List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also will reject any claim that does not comply in any material respect with the instructions on the Claim Form or the terms of Paragraphs 1.2 and/or 1.3, above, or is submitted after the Claims Deadline. Each claimant who submits an invalid Claim Form to the Settlement Administrator must be given a notice of the Claim Form’s deficiency and an opportunity to cure the deficiency within twenty-one (21) days of the date of the notice. The Settlement Administrator may contact any Person who has submitted a Claim Form that does not contain all requested to obtain additional information necessary to screen verify the claim for fraud Claim Form. 5.3 Defendant’s Counsel and Class Counsel shall have the right to challenge the acceptance or abuserejection of a Claim Form submitted by Settlement Class Members and to obtain and review supporting documentation relating to such Claim Form. The Settlement Administrator shall follow any agreed decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form. 5.4 In the exercise of its duties outlined in this Agreement, after giving the Claimant a reasonable opportunity Settlement Administrator shall have the right to provide reasonably request additional information from the Parties or any requested missing informationSettlement Class Member.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Settlement Administration. 5.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement Agreement by providing Notice and processing Claim Forms in a rational, responsivereasonable, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities performed 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, practices and such records will be made available to Class (a) Forward to Defendant’s Counsel, with copies to Class Counsel, all original documents Counsel upon request. The Settlement Administrator shall also provide reports and other materials received in connection with information to the administration of Court as the Court may require. Without limiting the foregoing, the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;Administrator shall: (b) a. Receive requests from Settlement Class Members to exclude themselves be excluded from the Settlement Agreement Class and promptly provide to Class Counsel and Defendant’s Counsel a copy thereof upon receiptcopies thereof. If the Settlement Administrator receives any exclusion requests from Settlement Class Members forms after the deadline for the submission of such forms and requestsforms, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Defendant’s Counsel.; (c) b. Provide weekly reports to Class Counsel and Defendant’s Counsel as provided in the contract to be entered into by Defendant with the Settlement Administrator, including without limitation, reports regarding the number of Claim Forms received.received and the categorization and description of Claim Forms rejected, in whole or in part, by the Settlement Administrator; (d) c. Make available for inspection by Class Counsel or Defendant’s Counsel the Claim Forms and any other documents or correspondence received by the Settlement Administrator relating to the Settlement Agreement at any time upon reasonable notice.; and 5.2 The Settlement Administrator shall be obliged to employ reasonable procedures to screen claims for abuse or fraud and deny Claim Forms for where there is evidence of abuse or fraud, including by cross-referencing the contact information provided on the Claim Forms against Approved Claims with the Class Notice List, and where a Claimant’s contact information does not appear on the Class List, the Settlement Administrator shall request from that Claimant further information. The Settlement Administrator shall reject determine whether a Claim FormForm submitted by a Class Member is an Approved Claim and shall reject Claim Forms that fail to (a) comply with the instructions on the Claim Form or the terms of this Agreement, or any part of (b) provide full and complete information as requested on the Claim Form. In the event a claim for person submits a payment reflected thereintimely Claim Form by the Claims Deadline but the Claim Form is not otherwise complete, where there is evidence of abuse or fraud. The then the Settlement Administrator shall also reject a Claim Form that does not contain all requested information necessary to screen the claim for fraud or abuse, after giving the Claimant a give such person reasonable opportunity to provide any requested missing information, which information must be received by the Settlement Administrator by the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the email or regular mail notice to the Settlement Class Member regarding the deficiencies in the Claim Form, whichever is later. In the event the Settlement Administrator receives such information after the deadline set forth in this subsection, then any such claim shall be denied. The Settlement Administrator may contact any person who has submitted a Claim Form to obtain additional information necessary to verify the Claim Form. Class Counsel and Defendant’s Counsel shall both have the right to challenge the acceptance or rejection of a Claim Form submitted by a Class Member by the Settlement Administrator. The Settlement Administrator shall follow any joint decisions of Class Counsel and Defendant’s Counsel as to the validity of any disputed submitted Claim Form. Where Class Counsel and Defendant’s Counsel disagree as to the validity of a submitted Claim Form, the Settlement Administrator will resolve the dispute and the Claim Form will be treated in the manner designated by the Settlement Administrator.

Appears in 1 contract

Sources: Settlement Agreement