Common use of Settlement Administration Clause in Contracts

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTS. 4.2 The Parties have agreed to request that the Court appoint Angeion Group as Claims Administrator. Once approved by the Court, the Claims Administrator will be an agent of the Court and will be subject to the Court's supervision and direction as circumstances may require. 4.3 The Claims Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Administrator will conduct Claims Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Counsel, and subject to the Court's supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section shall be void if not negotiated within ninety

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Settlement Administration. 4.1 All Notice The Settlement Administrator shall administer the Settlement in accordance with the Settlement Agreement and Claims Administration Costs will as approved by the Court and shall do so in a cost-effective and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this 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 shall be paid by ACTSmade available to Counsel for the Parties upon request. Without limiting any of its other obligations as stated herein, the Settlement Administrator shall be responsible for the implementation and effectuation of Class Notice; maintaining a settlement website, as set forth in Section 6.4; receiving and maintaining on behalf of the Court any correspondence regarding requests for exclusion and/or objections to the Settlement; distributing the Settlement Fund to the Settlement Class; and providing all other related support, reporting, and administration as further stated in this Agreement. The Parties may direct the Settlement Administrator to assist with various additional administrative tasks in implementing the Settlement as the Parties shall deem appropriate in their sole discretion. 4.2 The Parties have agreed will cooperate with the Settlement Administrator to request that the Court appoint Angeion Group as Claims Administrator. Once approved by the Court, the Claims Administrator will be an agent of the Court and will be subject provide Class Notice to the Court's supervision and direction Class Members, as circumstances may require. 4.3 provided in this Agreement. The Claims Settlement Administrator will cause shall administer the Notice Program to be effectuated Settlement in accordance with the terms of this Settlement Agreement and, without limiting the foregoing, shall treat any and any orders all documents, communications, and other information and materials received in connection with the administration of the Court. The Claims Administrator may request the assistance of the Parties Settlement as confidential and shall not disclose any or all such documents, communications, or other information to facilitate providing notice and to accomplish such other purposes any person or entity except as may be approved by ACTS' Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will administer and update the Settlement Website provided for in accordance with the terms of this Settlement Agreement, or as required to respond to inquiries from Class Members regarding their participation in the Settlement, or by court order. 4.3 The Settlement Administrator shall provide Rushmore with timely notice of all Notice and Administrative Costs. Settlement Class Counsel Rushmore shall make all payments necessary to cover the Notice and ACTS' Counsel shall agree on all information and documents to be posted on Administrative Costs reasonably incurred by the Settlement Website. 4.5 The Claims Administrator will conduct Claims Administration in accordance with discharging its obligations under the terms of the Settlement Agreement, Agreement and any additional processes agreed to by Settlement Class Counsel and ACTS' Counsel, and subject pursuant to the DocuSignCEnavseleope8I:D2:19-CcEv8E-032096-02B15B--D47OCBC-A-7KDEC-SD656D3Do8c0u44mA9ent 27-2 Filed 09/24/21 Page 7 of 48 Page ID #:287 Court's supervision ’s orders. The Settlement Administrator shall keep an accurate accounting of all payments made by Rushmore to cover Notice and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete Administrative Costs and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through properly deduct all such Notice and Administrative Costs from the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require Fund in order to evaluate determine the claimNet Settlement Fund, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereofpursuant to Section 5.2. 4.9 The Claims Administrator 4.4 Rushmore is not and will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date not be obligated to compute, estimate, or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days pay any taxes on behalf of the Effective DateClass Representative, or within sixty (60) Days of the date that the Claim is approvedany Class Member, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to Class Counsel, and/or the Settlement Class Member in the manner indicated on his or her Claim FormAdministrator. 4.12 Any checks issued under this section shall be void if not negotiated within ninety

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTSPracticeMax. 4.2 The Parties have agreed to request that the Court appoint Angeion Group Epiq as Claims Administrator. Once approved by the Court, the Claims Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' PracticeMax Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' PracticeMax Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' PracticeMax Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. The Claims Administrator shall within ten (10) Days after the filing of the motion seeking Preliminary Approval of the Settlement, acting on behalf of PracticeMax, have served or cause to be served a notice of the proposed Settlement on appropriate officials in accordance with the requirements under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715(b). 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted (except for claims for lost time), for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' PracticeMax Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS PracticeMax or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS PracticeMax shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section shall be void if not negotiated within ninety

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All 5.1. The Settlement Administrator shall provide Notice and Claims Administration Costs will be paid by ACTS. 4.2 The Parties have agreed to request that the Court appoint Angeion Group as Claims Administrator. Once approved by the Court, the Claims Administrator will be an agent of the Court and will be subject to the Court's supervision and direction as circumstances may require. 4.3 The Claims Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will Members as described in Section 4, and create and administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 5.2. The Claims Settlement Administrator will conduct Claims Administration shall receive and review Claim Forms submitted electronically. The Settlement Administrator shall also receive and review opt out requests and all other forms and requests, and promptly provide to Class Counsel and Defendant’s Counsel copies of such forms and requests. 5.3. The Settlement Administrator shall provide weekly reports to Class Counsel and Defendant’s Counsel regarding the number of Claim Forms received and the number of Approved Claim Forms. 5.4. The Settlement Administrator shall keep 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, and shall be provided to the terms Court if so required. 5.5. The Settlement Administrator shall provide Class Counsel and Defendant’s Counsel information concerning Notice and administration of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Counsel, and subject to the Court's supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a 5.6. The Settlement Class Member must complete Administrator shall determine whether any Claim Form submitted is an Approved Claim Form and submit a valid, timely shall reject any Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through Form that fails to (i) comply with the Settlement Website and must be postmarked or submitted no later than instructions on the Claim Deadline. 4.7 The Claims Administrator will review Form or terms of the Agreement, or (ii) provide full and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or complete information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, . The Settlement Administrator may contact any Person who has submitted a Claim Form to obtain additional information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or verify the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section 5.7. Class Counsel and Defendant’s Counsel shall be void if have the right to challenge any acceptance or denial 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 Defendant’s Counsel cannot negotiated within ninetyagree regarding a disputed Claim Form, the Parties may submit the issue to mediation before ▇▇▇▇▇▇ ▇▇▇▇▇ of JAMS.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTS. 4.2 42. The Parties have agreed to request that the Court appoint Angeion Group KCC LLC as Claims the Settlement Administrator. 43. Once approved by the Court, the Claims The Settlement Administrator will be an agent of the Court cooperate with and will be subject to the Court's supervision assist ▇▇▇▇ and direction as circumstances may require. 4.3 The Claims Administrator will cause Class Counsel with the Notice Program to be effectuated implemented in accordance with the terms of this Settlement Agreement and any orders of the Court. 44. The Claims Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' ▇▇▇▇’s Counsel shall will agree on all information the format and documents to be posted on content of the Settlement Website, and may agree to add information to the Settlement Website, so that it provides Class Members with accurate and timely information. 4.5 45. The Claims Settlement Administrator will conduct Claims Administration services in accordance with the terms of the Settlement Agreement, Agreement and as is typical in a settlement of this nature. The Settlement Administrator shall also conduct any additional processes jointly agreed to by Settlement Class Counsel and ACTS' ▇▇▇▇’s Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation46. The Settlement Administrator shall, a among other things: administer the claims submission and review process; document the number and type of claims submitted by Settlement Class Member must complete Members; provide an automated call center that may include an option to request to be put in contact with one of the Interim Lead Counsel firms for more information and submit a validthat will give callers the Wawa customer service number to call with any non-settlement related inquiries to Wawa’s customer service center; identify and follow up on deficient claims to give class members an opportunity to provide the necessary information; reject claims that appear to be duplicative based on the name, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through address, email address, and documentation provided; report to the Parties as requested regarding claims administration; permit the Parties to review and obtain supporting documentation as needed; update the Settlement Website and must be postmarked or submitted no later than the Claim Deadlineotherwise communicate with Class Members regarding claims administration procedures and deadlines; and prepare reports of its proposed and final determinations as to each claim in each settlement tier. 4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”)47. The Claims Settlement Administrator may, at any time, request from the each claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, and information regarding the claimed losses, available insurance or other sources of reimbursementfraudulent transactions. For all claims, the status Settlement Administrator’s initial review will be limited to a determination of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and whether the resolution thereofclaim is duplicative of another claim. 4.9 48. Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation to determine whether the claim is facially valid, the Settlement Administrator shall request additional information from the claimant and give the claimant thirty (30) days to cure the defect before rejecting the claim. The Claims Settlement Administrator will maintain records shall request any Claim Form supplementation within thirty (30) days of all receipt of such Claim Forms submitted until Form. In the event of unusual circumstances interfering with compliance with the 30-day cure period, the claimant may request and, for good cause shown (illness, military service, absence from the United States, delivery failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30-day deadline in which to comply. However, in no event shall the deadline be extended to later of (a) one hundred and eighty (180) Days than three months after the Effective Date or (b) Claims Filing Deadline without express approval from the date all Claim Forms Parties. If the defect is not cured within the required period, then the claim will be deemed invalid and Wawa shall have been fully processedno obligation to pay the claim. 49. Claim Forms On a bi-weekly basis, the Settlement Administrator shall make the claims it has accepted and supporting documentation may be provided that are not duplicative available electronically to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreementand ▇▇▇▇’s Counsel. ACTS or Within one month of the Claims Filing Deadline, the Settlement Administrator will provide other reports or information as requested by shall make all such claims available to Class Counsel and ▇▇▇▇’s Counsel. Class Counsel shall undertake a reasonable review of each claim to determine whether it meets the Court. 4.10 Subject to the terms and conditions requirements of this Settlement Agreement, ACTS contains all of the required information on the Claim Form, and provides what appears to be the required documentation. Class Counsel may reject as invalid any claim that does not meet the foregoing requirements by notifying the Settlement Administrator and ▇▇▇▇’s Counsel. Within 30 days of the Claims Filing Deadline, Class Counsel shall transmit needed claimant compensation funds then certify to Wawa’s Counsel that any claims not rejected meet the requirements of this paragraph. ▇▇▇▇’s Counsel may audit any or all of the claims so certified and may, within 30 days after Class Counsel’s certification, raise issues with any claims for discussion with Class Counsel. The parties shall meet and confer in good faith to resolve any disputed claims and shall, within 75 days after the Claims Filing Deadline either: (a) inform the Settlement Administrator of which accepted claims should be rejected; or (b) seek a ruling from the Court on any remaining disputed claims. The accepted claims not rejected by this process shall be the “Approved Claims.” The Parties mutually agree to extend these deadlines if the circumstances dictate that a reasonable extension is warranted. 50. Within one month after Class Counsel and ▇▇▇▇’s Counsel complete the process above, the Settlement Administrator shall provide Class Counsel and ▇▇▇▇’s Counsel with a final list of the Approved Claims for each Tier together with each approved claimant’s name, address, email address, and access to the Claims Claim Form and related documentation submitted by the claimant. Wawa, the Settlement Administrator, and the Claims Administrator third-party vendor assisting Wawa with distribution of the Wawa Gift Cards at Wawa’s expense shall mail or otherwise provide payment work together to facilitate a commercially reasonable format for the transmission of this data. The Parties may mutually agree to extend this deadline if the circumstances dictate that a reasonable extension is warranted. 51. Within thirty (30) days of receiving the final report of approved claims within sixty for Tier One and Tier Two, Wawa will: (60a) Days at its expense cause the Wawa Gift Cards to be distributed by email to those Settlement Class Members in Tier One and Tier Two on the final report of approved claims; and (b) make a payment as directed by the Settlement Administrator in the aggregate total amount of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is lateraccepted and approved Tier Three claims. 4.11 Payment for approved Claims shall be mailed or otherwise sent 52. The Settlement Administrator will mail checks to the Settlement Class Member Members in the manner indicated on his or her Claim FormTier Three within thirty (30) days of receiving payment from Wawa. 4.12 Any checks issued under this section shall be void if not negotiated within ninety

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 4.1. All Notice and Claims Administration Costs will be paid by ACTS▇▇▇ ▇▇▇▇. 4.2 4.2. The Parties have agreed to request that the Court appoint Angeion Group Atticus Administration, LLC as Claims Administrator. Once approved by the Court, the Claims Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 4.3. The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' ▇▇▇ ▇▇▇▇’▇ Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 4.4. The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' ▇▇▇ ▇▇▇▇’▇ Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 4.5. The Claims Administrator will conduct Claims Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' ▇▇▇ ▇▇▇▇’▇ Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 4.6. To make a claim for monetary compensationclaim, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 4.7. The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 4.8. The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether:will (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost timethat require such documentation) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 4.9. The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' ▇▇▇ ▇▇▇▇’▇ Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS ▇▇▇ ▇▇▇▇ or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 4.10. Subject to the terms and conditions of this Settlement Agreement, ACTS ▇▇▇ ▇▇▇▇ shall transmit needed claimant compensation settlement funds to the Claims Administrator in a manner mutually agreeable to ▇▇▇ ▇▇▇▇ and the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 4.11. Payment for approved Claims shall be mailed or otherwise sent to the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 4.12. Any checks issued under this section shall be void if not negotiated within ninety

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTSClearway, which are estimated to be $100,000. Clearway shall pay the actual and reasonable Notice and Claims Administration Costs. 4.2 The Parties have agreed to request that the Court appoint Angeion Group KCC Class Action Services, LLC as Claims Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Clearway Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Clearway Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Clearway Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensationclaim, a Settlement Class Member must complete and submit a valid, timely timely, and sworn Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted submitted, for timeliness, completeness, and validity. 4.8 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation to determine whether the claim is Facially Valid, the Settlement Administrator will maintain records of all shall request additional information (“Claim Forms submitted until Supplementation”) and give the later of claimant thirty (a) one hundred and eighty (18030) Days after to cure the Effective Date or (b) defect before rejecting the date all Claim Forms have been fully processedclaim. Claim Forms and supporting documentation may be provided to the Court upon request and to The Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by a copy of the Courtrequest for Claim Supplementation concurrently to Clearway Counsel and Settlement Class Counsel. In the event of unusual circumstances interfering with a claimant’s compliance with a request for Claim Supplementation within the 30- Day period, the claimant may request and, for good cause shown (e.g., illness, military service, out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30-Day deadline in which to comply; however, in no event shall the deadline be extended to later than one year from the Effective Date. If the defect is not cured, then the claim will be deemed invalid and there shall be no obligation to pay the claim. 4.10 Subject Following receipt of additional information requested as Claim Supplementation, the Settlement Administrator shall have thirty (30) Days to accept, in whole or in lesser amount, or reject each claim. If, after review of the terms claim and conditions of this all documentation submitted by the claimant, the Settlement AgreementAdministrator determines that such a claim is Facially Valid, ACTS then the claim shall transmit be paid. If the claim is not Facially Valid because the claimant has not provided all information needed claimant compensation funds to complete the Claim Form or evaluate the claim, then the Settlement Administrator may reject the claim without any further action. If the claim is rejected for other reasons, then the claim shall be referred to the Claims Referee. 4.11 Settlement Class Members shall have thirty (30) Days from receipt of an offer of partial payment from the Settlement Administrator to accept or reject that offer. If a Settlement Class Member rejects an offer of partial payment from the Settlement Administrator, and the Claims Settlement Administrator shall mail or otherwise provide payment for have fifteen (15) Days to reconsider its initial determination and make a final determination. If the claimant approves the final determination, then the approved claims amount shall be the amount to be paid. If the claimant does not approve the final determination within sixty thirty (6030) Days of receipt, then the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims dispute shall be mailed or otherwise sent submitted to the Settlement Class Member in the manner indicated on his or her Claim FormClaims Referee within an additional ten (10) Days. 4.12 Any checks issued under this section shall be void if not negotiated If any dispute is submitted to the Claims Referee, the Claims Referee may approve the Settlement Administrator’s determination by making a ruling within ninetyfifteen (15) Days. The Claims Referee may make any other final determination of the dispute or request further supplementation of a claim within thirty (30)

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTSSquirrel Hill. 4.2 The Parties have agreed to request that the Court appoint Angeion Group as Claims Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Squirrel Hill Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Squirrel Hill Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Squirrel Hill Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted (except for claims for lost time), for timeliness, completeness, and validity. 4.8 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Squirrel Hill Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS Squirrel Hill or the Claims Settlement Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS Squirrel Hill shall transmit needed claimant compensation funds to the Claims Settlement Administrator, and the Claims Settlement Administrator shall mail or otherwise provide payment checks for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment Checks for approved Claims shall be mailed or otherwise sent to the address provided by the Settlement Class Member in the manner indicated on his or her Claim Form, or, to the address provided to the Settlement Administrator, in the event the claimant updates his or her address with the Settlement Administrator prior to the Claim Deadline. 4.12 Any Cashing a check for an approved Claim is a condition precedent to any Settlement Class Member’s right to receive benefits under this Settlement Agreement. All checks issued under this section shall be void if not negotiated within ninetyninety (90) Days of their date of issue and shall bear the language: “This check must be cashed within 90 days, after which time it is void.” Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. If a Settlement Class Member fails to cash a check issued under this section before it becomes void, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief under the Settlement shall be extinguished, and Squirrel Hill shall have no obligation to make payments to the Settlement Class Member for compensation or loss reimbursement under Paragraph 3.1 or to make any other type of monetary relief to the Settlement Class Member. Such Settlement Class Member remains bound by all terms of the Settlement Agreement. 4.13 The settlement funds and benefits that Squirrel Hill shall create or provide will not be subject to any non-claim statutes or any possible rights of forfeiture or escheat. All monies that might be paid are not vested, contingently due, or otherwise monies in which a Settlement Class Member has an enforceable right and shall remain the property of Squirrel Hill and its insurer until all conditions for payment have been met. No interest shall accrue or be payable in connection with any payment due under this Settlement Agreement. 4.14 Information submitted by Settlement Class Members in connection with submitted claims for benefits under this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, Settlement Class Counsel, and Squirrel Hill Counsel.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Preferred Home or its insurer will pay the entirety of all Notice and Claims Administration Costs will be paid by ACTSCosts. 4.2 The Parties have agreed to request that the Court appoint Angeion Group P&N as Claims Settlement Administrator. The Notice is estimated to cost $112,937. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice Notice and to accomplish such other purposes as may be approved by ACTS' Preferred Home Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Preferred Home Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Preferred Home Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely timely, and sworn Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted submitted, for timeliness, completeness, and validity. 4.8 Claims will be subject to review for completeness and plausibility by the Settlement Administrator, and Claimants will have the opportunity to seek review by a third- party Claims Referee, at Preferred Home’s expense, if they dispute the Settlement Administrator’s initial determination. 4.9 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator’s initial review will be limited to whether the claim is Facially Valid. 4.10 Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation (other than claims for lost time) to determine whether the claim is Facially Valid, the Settlement Administrator may, at any time, shall request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to give the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section shall be void if not negotiated within ninetytwenty-one

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTSMercy. 4.2 The Parties have agreed to request that the Court appoint Angeion Group RG2 Settlement Administration, LLC as Claims Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Mercy Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Mercy Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Mercy Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely timely, and sworn Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted submitted, for timeliness, completeness, and validity. 4.8 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Mercy Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS Mercy or the Claims Settlement Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS Mercy or its insurer shall transmit needed claimant compensation funds to the Claims Settlement Administrator, and the Claims Settlement Administrator shall mail or otherwise provide payment checks for approved claims within sixty thirty-five (6035) Days days of the Effective Date, or within sixty thirty-five (6035) Days days of the date that the Claim is approved, whichever is later. 4.11 Payment Checks for approved Claims shall be mailed or otherwise sent to the address provided by the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any Cashing a check for an approved Claim is a condition precedent to any Settlement Class Member’s right to receive benefits under this Settlement Agreement. All checks issued under this section shall be void if not negotiated within ninetyninety (90) calendar days of their date of issue and shall bear the language “This check must be cashed within 90 days, after which time it is void.” Checks issued pursuant to this section that are not negotiated within ninety (90) calendar days of their date of issue shall not be reissued. If a Settlement Class Member fails to cash a check issued under this section before it becomes void, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief under the Settlement shall be extinguished, and Mercy shall have no obligation to make payments to the Settlement Class Member for compensation or loss reimbursement under Paragraph 3.1 or to make any other type of monetary relief to the Settlement Class Member. Such Settlement Class Member remains bound by all terms of the Settlement Agreement. 4.13 The settlement funds and benefits that Mercy shall create or provide will not be subject to any non-claim statutes or any possible rights of forfeiture or escheat. All monies that might be paid are not vested, contingently due, or otherwise monies in which a Settlement Class Member has an enforceable right and shall remain the property of Mercy and its insurer until all conditions for payment have been met. No interest shall accrue or be payable in connection with any payment due under this Settlement Agreement. 4.14 Information submitted by Settlement Class Members in connection with submitted claims for benefits under this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, Claims Referee, Settlement Class Counsel, and Mercy Counsel.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTSNew London Hospital or its insurer. 4.2 The Parties have agreed to request that the Court appoint Angeion Group RG2 Settlement Administration, LLC as Claims Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' New London Hospital Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' New London Hospital Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' New London Hospital Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely timely, and sworn Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted submitted, for timeliness, completeness, and validity. 4.8 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' New London Hospital Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS New London Hospital or the Claims Settlement Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS New London Hospital or its insurer shall transmit needed claimant compensation funds to the Claims Settlement Administrator, and the Claims Settlement Administrator shall mail or otherwise provide payment checks for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment Checks for approved Claims shall be mailed or otherwise sent to the address provided by the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any Cashing a check for an approved Claim is a condition precedent to any Settlement Class Member’s right to receive benefits under this Settlement Agreement. All checks issued under this section shall be void if not negotiated within ninetyninety (90) Days of their date of issue and shall bear the language “This check must be cashed within 90 days, after which time it is void.” Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. If a Settlement Class Member fails to cash a check issued under this section before it becomes void, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief under the Settlement shall be extinguished, and New London Hospital shall have no obligation to make payments to the Settlement Class Member for compensation or loss reimbursement under Paragraph 3.1 or to make any other type of monetary relief to the Settlement Class Member. Such Settlement Class Member remains bound by all terms of the Settlement Agreement. 4.13 The settlement funds and benefits that New London Hospital shall create or provide will not be subject to any non-claim statutes or any possible rights of forfeiture or escheat. All monies that might be paid are not vested, contingently due, or otherwise monies in which a Settlement Class Member has an enforceable right and shall remain the property of New London Hospital and its insurer until all conditions for payment have been met. No interest shall accrue or be payable in connection with any payment due under this Settlement Agreement. 4.14 Information submitted by Settlement Class Members in connection with submitted claims for benefits under this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, Claims Referee, Settlement Class Counsel, and New London Hospital Counsel.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTS▇▇▇▇-▇▇▇▇▇▇ or its insurer separately from any other benefits to the Settlement Class. 4.2 The Parties have agreed to request that the Court appoint Angeion Group as Claims Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' ▇▇▇▇-▇▇▇▇▇▇ Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' ▇▇▇▇- ▇▇▇▇▇▇ Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' ▇▇▇▇-▇▇▇▇▇▇ Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted (except for claims for lost time), for timeliness, completeness, and validity. 4.8 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' ▇▇▇▇-▇▇▇▇▇▇ Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS ▇▇▇▇-▇▇▇▇▇▇ or the Claims Settlement Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS ▇▇▇▇-▇▇▇▇▇▇ or its insurer shall transmit needed claimant compensation funds to the Claims Settlement Administrator, and the Claims Settlement Administrator shall mail or otherwise provide payment checks for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment Checks for approved Claims shall be mailed or otherwise sent to the address provided by the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any Cashing a check for an approved Claim is a condition precedent to any Settlement Class Member’s right to receive benefits under this Settlement Agreement. All checks issued under this section shall be void if not negotiated within ninetyninety (90) Days of their date of issue and shall bear the language: “This check must be cashed within 90 days, after which time it is void.” Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. If a Settlement Class Member fails to cash a check issued under this section before it becomes void, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief under the Settlement shall be extinguished, and ▇▇▇▇-▇▇▇▇▇▇ shall have no obligation to make payments to the Settlement Class Member for compensation or loss reimbursement under Paragraph 3.1 or to make any other type of monetary relief to the Settlement Class Member. Such Settlement Class Member remains bound by all terms of the Settlement Agreement. 4.13 The settlement funds and benefits that ▇▇▇▇-▇▇▇▇▇▇ shall create or provide will not be subject to any non-claim statutes or any possible rights of forfeiture or escheat. All monies that might be paid are not vested, contingently due, or otherwise monies in which a Settlement Class Member has an enforceable right and shall remain the property of ▇▇▇▇-▇▇▇▇▇▇ and its insurer until all conditions for payment have been met. No interest shall accrue or be payable in connection with any payment due under this Settlement Agreement. 4.14 Information submitted by Settlement Class Members in connection with submitted claims for benefits under this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, Settlement Class Counsel, and ▇▇▇▇-▇▇▇▇▇▇ Counsel.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid 6.1 The Settlement Administrator retained by ACTS.the Parties shall have the following duties: 4.2 The Parties have agreed a. Prepare the Notices in substantially the form as those attached to request that the Court appoint Angeion Group this Agreement as Claims Administrator. Once approved by the Court; b. Implement the Notice Plan set forth in Section 4 above; c. Create and maintain the Settlement Website; d. 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; e. Calculate Settlement Class Member pro rata distributions and distribute checks to Settlement Class Members who submit 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 cy pres recipient. f. Provide the Parties with weekly reports regarding the status of the Notice Plan, the Claims number of claims, exclusion requests, and objections received; g. Maintain copies of exclusion requests and objections; h. Provide declarations to the Court in support of preliminary and final settlement approval. 6.2 The Settlement Administrator will be an agent shall, under the supervision of the Court Court, administer the relief provided by this Settlement Agreement by completing its duties in a reasonable, cost effective, and will be subject to the Court's supervision timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law and direction as circumstances may require. 4.3 The Claims Administrator will cause the Notice Program to be effectuated in accordance with its normal business practices, including but not limited to a summary of work performed by the terms Settlement Administrator, and an accounting of this all amounts paid from the Settlement Agreement and any orders of the Court. The Claims Administrator may request the assistance of the Parties Fund to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Counsel and Settlement Class CounselMembers. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator Such records will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement be provided to Class Counsel and ACTS' Defendants’ Counsel shall agree on all information and documents to be posted on the Court along with the motion for final approval. 6.3 In the exercise of its duties outlined in this Agreement, the Settlement WebsiteAdministrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member. 4.5 6.4 The Claims Administrator will conduct Claims Administration in accordance Settlement Administrator, with approval by the Parties, shall be responsible for compliance with the terms applicable provisions of the Class Action Fairness Act (“CAFA”), including the notice requirements in 28 U.S.C. § 1715. 6.5 As soon as practicable after the conclusion of the Settlement AgreementAdministrator’s obligations to provide notice and administer the settlement, and any additional processes agreed to by the Settlement Administrator shall provide Class Counsel and ACTS' Counsel, and subject to the Court's supervision and direction as circumstances may requireDefendants’ Counsel with an appropriate declaration outlining compliance with those obligations. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section shall be void if not negotiated within ninety

Appears in 1 contract

Sources: Class Action Settlement Agreement

Settlement Administration. 4.1 16. All Notice and Claims Administration Costs will be paid by ACTSEHS and will be separate and apart from the Compensation to Settlement Class Members described in Paragraph 14. 4.2 17. The Parties have agreed to request the selection of a settlement claims administrator and will use best efforts to adopt a reasonable notice and claims administration process to minimize costs that the Court appoint Angeion Group as Claims Administrator. Once comports with due process and that will likely be approved by the Court, the Claims Administrator will be an agent of the Court and will be subject to the Court's supervision and direction as circumstances may require. 4.3 18. The Claims Settlement Administrator will cause the Notice Program to be effectuated effected in accordance with the terms of this the Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Class Counsel and Settlement Class EHS’s Counsel. The Parties shall reasonably cooperate with such requests. 4.4 19. The Claims Settlement Administrator will administer and update the Settlement Website in accordance with and will cause the terms Settlement Website to be updated to provide information and relevant documents related to this Settlement, including but not limited to, the following: applicable deadlines; Notice; a downloadable Claim Form that may be submitted online or by U.S. Mail; a reminder notice to remind Class Members of the Claim Deadline; FAQs and answers; orders of the Court pertaining to the Settlement; this Settlement Agreement; a toll-free telephone number; and 1 Sample notification to be included in all emails. Settlement This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. contact address for questions. Class Counsel and ACTS' EHS’s Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 20. The Claims Settlement Administrator will conduct Claims Administration administer the claims process in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' EHS’s Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 21. To make a claim for monetary compensationclaim, a Settlement Class Member must complete and submit a valid, timely timely, and sworn Claim Form. Claim Forms shall be submitted online or by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. Claim Forms that are not timely submitted, but which are received by the Settlement Administrator prior to the Final Approval Hearing, may still potentially be redeemed subject to Court approval at the Final Approval Hearing, for good cause shown. 4.7 22. The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted submitted, for validity, timeliness, and completeness. 23. If, in the determination of the Settlement Administrator, the Settlement Class Member submits a timely but incomplete or inadequately supported Claim Form, the Settlement Administrator shall give the Settlement Class Member notice of the deficiencies, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; Member shall have ten (210) Days from the claimant has provided all thirddate of written notice to cure the deficiencies. The Settlement Administrator will provide notice of deficiencies concurrently to EHS’s Counsel and Class Counsel. If the defect is not cured within the 10-party documentation (except Day period, then the Claim will be deemed invalid and will not be paid unless otherwise approved by the Court at the Final Approval Hearing, for claims for lost time) or information needed to complete the good cause shown. All Settlement Class Members who submit a valid and timely Claim Form, including any documentation required a Claim Form that was deemed defective but is cured within the 10-Day period, shall be considered “Claimants.” 24. Promptly after the later of the Claim Deadline or the time for all Settlement Class Members who submitted a deficient Claim Form to support cure has passed, the Settlement Administrator shall provide to EHS’s Counsel the total amount of valid and timely claims to be paid pursuant to this Settlement Agreement, and a list of all Claimants whose claims for compensation under a payment of reimbursement of out-of-pocket expenses pursuant to Paragraph 3.1 above; 14(b) were approved and (3) when applicablein what amount, so that EHS can provide the information submitted could lead a reasonable person Settlement Administrator with sufficient funds to conclude that make the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”)required payments to all Claimants. 25. The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processedDate. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Plaintiffs, EHS, Class Counsel and/or ACTS' and EHS’s Counsel to the extent requested or necessary to resolve Claims Administration claims determination issues pursuant to this Settlement AgreementAgreement and Settlement. ACTS EHS or the Claims Settlement Administrator will provide other reports or information as requested by that the CourtCourt may request or that the Court or Class Counsel may reasonably require. 4.10 26. Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to fourteen (14) Days after the Claims AdministratorEffective Date, and the Claims Settlement Administrator shall mail or otherwise provide payment a check (“Claim Check”) to each Claimant in the amount for approved claims within sixty (60) Days of the Effective Datewhich each Claimant has submitted a valid, or within sixty (60) Days of the date that the Claim is approvedtimely claim, whichever is latersubject to pro rata recalculation pursuant to Paragraph 14. 4.11 Payment for approved Claims 27. Each Claim Check shall be mailed or otherwise sent to the Settlement Class Member in address provided by the manner indicated Claimant on his or her Claim Form. 4.12 Any checks . All Claim Checks issued under this section shall be void if not negotiated within ninetyninety (90) calendar Days of their date of issue and shall contain a legend to that effect. Claim Checks issued pursuant to this section that are not negotiated within ninety (90) calendar Days of their date of issue shall not be reissued. The Settlement Administrator shall return the balance resulting from such uncashed checks, if any, to EHS.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs 6.1 Money Mart’s Counsel will be paid appointed to receive all objections to the Settlement. As soon after receipt as possible, he will provide copies of them to Class Counsel for the purposes of the Approval Hearing, and he will report to the Court thereon by ACTSaffidavit on February 18, 2010 and if necessary by supplementary report at the Approval Hearing. 4.2 The Parties have agreed 6.2 Money Mart’s Counsel will be appointed to request that receive all Requests for Exclusion. As soon after receipt as possible, he will provide copies to Class Counsel and, he will report to the Court appoint Angeion Group as Claims Administrator. Once approved by thereon at the end of the Opt-Out Period. 6.3 Money Mart will establish a Settlement administration which implements and conforms to the Agreement and the directions of the Court, . 6.4 Money Mart will commence the Claims Administrator distribution of Transaction Credits as soon as reasonably possible after the deadline for receipt of Requests for Exclusion. 6.5 Money Mart will be an agent pay the Transaction Credits that were allocated to persons who opted out into the Transaction Reserve Fund. 6.6 Money Mart shall administer the Settlement in accordance with the provisions of the Agreement under the oversight of the Court and the Class Counsel Representative. 6.7 Money Mart shall perform the Settlement administration in a rational, responsible, cost effective and timely manner. 6.8 Personal information obtained or created in the administration of the Settlement is confidential and, except as required by law, will be subject used and disclosed only for the purpose of distributing the notices contemplated by the Agreement and the administration of the Settlement. 6.9 Money Mart will maintain reasonably detailed records of its activities under the Agreement until one (1) year after the Court’s order that all Settlement Obligations are satisfied. Such records will be made available electronically or as otherwise requested for inspection by the Class Counsel Representative, by the Court and by the Auditor. 6.10 For the purpose of fulfilling their responsibilities and duties under the Agreement, Money Mart will provide the Class Counsel Representative, the Auditor and the Referee with such access to the Court's supervision Cash Credits Database, the Transaction Credits Database, the Debt Release Database, the Unused Credits Database and direction the master database from which the above databases are generated, the Transaction Reserve Fund and the Cash Reserve Fund as circumstances they may require. 4.3 The Claims Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders 6.11 Any one or more of the Court. The Claims Administrator may request Parties, the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Counsel shall agree on all information and documents to be posted on Representative, the Settlement Website. 4.5 The Claims Administrator will conduct Claims Administration Referee or the Auditor may move for directions from the Court in accordance with the terms respect of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' Counsel, and subject matter in relation to the Court's supervision and direction as circumstances may requireAgreement. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Administrator will review and evaluate each Claim Form, including any required documentation submitted for timeliness, completeness, and validity. 4.8 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section shall be void if not negotiated within ninety

Appears in 1 contract

Sources: Settlement Agreement (Dollar Financial Corp)

Settlement Administration. 4.1 All IGG will pay the entirety of all Notice and Claims Administration Costs will be paid by ACTSCosts. 4.2 The Parties have agreed to request that the ▇▇▇▇▇▇▇▇▇▇ Court appoint Angeion Group as Claims the Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the ▇▇▇▇▇▇▇▇▇▇ Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the ▇▇▇▇▇▇▇▇▇▇ Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice Notice and to accomplish such other purposes as may be approved by ACTS' IGG Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' IGG Counsel, and subject to the ▇▇▇▇▇▇▇▇▇▇ Court's ’s supervision and direction as circumstances may require. 4.6 4.5 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely timely, and sworn Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claims Deadline. 4.6 Claim Forms shall be returned or submitted to the Settlement Administrator through the Settlement Website or via first-class U.S. Mail, postage prepaid, by the Claims Deadline, as approved by the ▇▇▇▇▇▇▇▇▇▇ Court, or shall be forever barred. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted submitted, for timeliness, completeness, and validity. 4.8 Claims will be subject to review for completeness and plausibility by the Settlement Administrator. 4.9 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator’s initial review will be limited to whether the claim is Facially Valid. 4.10 Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation (other than claims for lost time) to determine whether the claim is Facially Valid, the Settlement Administrator may, at any time, shall request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS or the Claims Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment for approved Claims shall be mailed or otherwise sent to give the Settlement Class Member in the manner indicated on his or her Claim Form. 4.12 Any checks issued under this section shall be void if not negotiated within ninetytwenty-one

Appears in 1 contract

Sources: Settlement Agreement

Settlement Administration. 4.1 All Notice and Claims Administration Costs will be paid by ACTSfrom the Settlement Fund. 4.2 The Parties have agreed to request that the Court appoint Angeion Group KCC Class Action Services, LLC as Claims Settlement Administrator. Once approved by the Court, the Claims Settlement Administrator will be an agent of the Court and will be subject to the Court's ’s supervision and direction as circumstances may require. 4.3 The Claims Settlement Administrator will cause the Notice Program to be effectuated in accordance with the terms of this Settlement Agreement and any orders of the Court. The Claims Settlement Administrator may request the assistance of the Parties to facilitate providing notice and to accomplish such other purposes as may be approved by ACTS' SOA Counsel and Settlement Class Counsel. The Parties shall reasonably cooperate with such requests. 4.4 The Claims Settlement Administrator will administer and update the Settlement Website in accordance with the terms of this Settlement Agreement. Settlement Class Counsel and ACTS' SOA Counsel shall agree on all information and documents to be posted on the Settlement Website. 4.5 The Claims Settlement Administrator will conduct Claims Claim Administration in accordance with the terms of the Settlement Agreement, and any additional processes agreed to by Settlement Class Counsel and ACTS' SOA Counsel, and subject to the Court's ’s supervision and direction as circumstances may require. 4.6 To make a claim for monetary compensation, a Settlement Class Member must complete and submit a valid, timely Claim Form. Claim Forms shall be submitted by U.S. mail or electronically through the Settlement Website and must be postmarked or submitted no later than the Claim Deadline. 4.7 The Claims Settlement Administrator will review and evaluate each Claim Form, including any required documentation submitted (except for claims for lost time), for timeliness, completeness, and validity. 4.8 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all third-party documentation (except for claims for lost time) or information needed to complete the Claim Form, including any documentation required to support claims for compensation under Paragraph Paragraph 3.1 above; and (3) when applicable, the information submitted could lead a reasonable person to conclude that the claimant is eligible for the category and/or amount for which a claim is submitted (collectively, “Facially Valid”). The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, available insurance or other sources of reimbursement, the status of any claims made for insurance benefits or other reimbursement, and claims previously made for identity theft and the resolution thereof. 4.9 The Claims Settlement Administrator will maintain records of all Claim Forms submitted until the later of (a) one hundred and eighty (180) Days after the Effective Date or (b) the date all Claim Forms have been fully processed. Claim Forms and supporting documentation may be provided to the Court upon request and to Settlement Class Counsel and/or ACTS' SOA Counsel to the extent requested or necessary to resolve Claims Administration issues pursuant to this Settlement Agreement. ACTS SOA or the Claims Settlement Administrator will provide other reports or information as requested by the Court. 4.10 Subject to the terms and conditions of this The Settlement Agreement, ACTS shall transmit needed claimant compensation funds to the Claims Administrator, and the Claims Administrator shall mail or otherwise provide payment checks for approved claims within sixty (60) Days of the Effective Date, or within sixty (60) Days of the date that the Claim is approved, whichever is later. 4.11 Payment Checks for approved Claims shall be mailed or otherwise sent to the address provided by the Settlement Class Member in the manner indicated on his or her Claim Form, or, to the address provided to the Settlement Administrator, in the event the claimant updates his or her address with the Settlement Administrator prior to the Claim Deadline. 4.12 Any Cashing a check for an approved Claim is a condition precedent to any Settlement Class Member’s right to receive benefits under this Settlement Agreement. All checks issued under this section shall be void if not negotiated within ninetyninety (90) Days of their date of issue and shall bear the language: “This check must be cashed within 90 days, after which time it is void.” Checks issued pursuant to this section that are not negotiated within ninety (90) Days of their date of issue shall not be reissued. If a Settlement Class Member fails to cash a check issued under this section before it becomes void, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief under the Settlement shall be extinguished, and SOA shall have no obligation to make payments to the Settlement Class Member for compensation or loss reimbursement under Paragraph 3.1 or to make any other type of monetary relief to the Settlement Class Member. Such Settlement Class Member remains bound by all terms of the Settlement Agreement. 4.13 Information submitted by Settlement Class Members in connection with submitted claims for benefits under this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, Settlement Class Counsel, and SOA Counsel.

Appears in 1 contract

Sources: Settlement Agreement