Common use of Settlement Administration Clause in Contracts

Settlement Administration. The Settlement Administrator shall be responsible for Notice mailings to the Settlement Class Members; tracing undeliverable mailings; recording and tracking responses to the mailings to the Settlement Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and disbursing to the IRS and other taxing authorities as applicable, the employee’s portion of payroll taxes and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. The Settlement Administrator will amend the payments reported to the IRS if any Class Member Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided to or from the Settlement Administrator or to or from Defendants, Class Counsel, Class Representatives, or the Parties’ experts pursuant to this Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the purposes of administering this Agreement and not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and the Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement Payments.

Settlement Administration. The Settlement Administrator shall will be responsible for Notice mailings to establishing and maintaining the Settlement Fund, using its best efforts to locate updated addresses for the Class Members if the Administrator determines that the contact information included in the Class List is no longer current; mailing, and emailing the Class Notice to Class Members; tracing undeliverable mailingshandling inquiries from Class Members concerning the Notice or any other issue related to administration of the Settlement; recording preparing and tracking responses distributing settlement checks to the mailings to the Settlement Participating Class Members; tracking maintaining a static website, the web address for which will be included in the Notice, providing Class Members with a method to obtain information regarding final approval and responding final judgment; and performing such other duties as the Parties and/or the Court may direct. On a weekly basis, the Administrator will provide updates to Class Counsel and Defense Counsel regarding the number of validated and timely received Opt-Out Requests and any inquiries made objections submitted by Settlement Class Members; establishing . The Administrator will serve on Class Counsel and maintaining Defense Counsel via e-mail date-stamped copies of the original objections, rescissions of Opt-Out Requests, and withdrawal of objections within seven days of the Administrator’s receipt of the same. By no later than 14 days after the Opt-Out Deadline, the Administrator will compile and deliver to Class Counsel and Defense Counsel a final report with information regarding: (a) the final pro-rata portion of the Residual Settlement Fund for each of the Plaintiffs and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all each Participating Class Member Settlement Payments; withholding from each Class Member Settlement PaymentMember, and disbursing (b) the final number of Opt-Outs. Further, at least 14 days prior to the IRS Final Approval and Fairness Hearing, the Administrator shall provide Class Counsel and Defense Counsel with a Declaration of Due Diligence and Proof of Mailing (Declaration) regarding the mailing of the Notice, its attempts to locate Class Members where applicable, and other taxing authorities as applicableinformation regarding administration of the Settlement. Specifically, the employee’s portion Declaration shall include the number of payroll taxes and other applicable tax withholdings attributable Class Members to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award paymentwhom/which Notices were sent, the Dues Paymentnumber of Class Members for whom/which there is reason to suspect that Notices were not delivered, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations number of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. The Settlement Administrator will amend the payments reported to the IRS if any Class Member Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided to or from the Settlement Administrator or to or from Defendants, Class Counsel, Class Representatives, or the Parties’ experts pursuant to this Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the purposes of administering this Agreement and not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class RepresentativesOpt-Outs, and the Parties’ experts shall maintain all such information number and data as private form of any objections received. Class Counsel will file the Administrator’s Declaration with the Court at least seven days before the Final Approval and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement PaymentsFairness Hearing.

Settlement Administration. The Subject to approval by the Court, the Settlement Administrator shall be responsible for Notice mailings to mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; tracing undeliverable mailingsreporting on the status of the claims administration to counsel for the Parties; recording sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and tracking responses to Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the mailings Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide to the Settlement Administrator a database listing of the names, last known addresses, dates contracted by Xxxxxxxx as distributors during a Covered Period, and social security numbers or dates of birth of the Named Plaintiffs, FLSA Collective Members, and Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and disbursing to the IRS and other taxing authorities as applicable, the employee’s portion of payroll taxes and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. The Settlement Administrator will amend perform the payments reported following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the IRS if any Class Member Settlement Payments are not cashed. Any identifying personal Administrator as undeliverable along with a report indicating steps taken by the Settlement Administrator to locate updated address information of Settlement for such Class Members and their data provided FLSA Collective Members and to or from resend the Settlement Administrator or Notices, and/or whose Settlement Notices have been forwarded to or from Defendants, Class Counsel, Class Representatives, or an updated address by the Parties’ experts pursuant to this Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the purposes of administering this Agreement and not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and the Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement Payments.United States Postal Service;

Settlement Administration. The Subject to approval of the Court, the Parties agree to mutually select Epiq Global, formerly Garden City Group Inc., as the Settlement Administrator in this Action. This administration duty shall be responsible include without limitation, setting up an escrow account for Notice mailings to funding of the Settlement, calculating the Breach of Contract Class Settlement Shares and the 17200 Class Settlement Shares, calculating employer-side and employee-side tax and withholding liabilities, processing all necessary 1099 and W-2 IRS forms, remitting appropriate tax forms, performing an initial National Change of Address (“NCOA”) search upon receipt of mailing addresses for Breach of Contract Class Members and 17200 Class Members; , distributing the Breach of Contract Class Settlement Notice and 17200 Class Settlement Notice, performing skip-tracing undeliverable mailings; recording on the Breach of Contract Class Settlement Notices and tracking responses 17200 Class Settlement Notices returned as undeliverable, reviewing and submitting to Class Counsel and AAA NCNU’s counsel any received objections, posting of a webpage for notice of the mailings Final Approval Order that will remain active as of the date that the Breach of Contract Class Settlement Notice and 17200 Class Settlement Notice are mailed until at least sixty (60) days following the issuance of the Final Approval Order, mailing settlement checks and tax forms to the Settlement Breach of Contract Class Members and 17200 Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and disbursing to the IRS and other taxing authorities as applicable, the employee’s portion of payroll taxes and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions making all required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Paymentsdistributions. The Settlement Administrator will amend the payments reported to the IRS if any Class Member establish a Qualified Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided to or from the Settlement Administrator or to or from DefendantsFund (“QSF”), Class Counsel, Class Representatives, or the Parties’ experts pursuant to this Agreement, including any “sensitive personal information” Section 468B(g) of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely the Internal Revenue Code for the purposes of administering the Settlement. Subject to Court approval, all Settlement Administration Costs shall be paid from the GFV. The Parties expect Settlement Administration Costs to not exceed One Hundred Fifty-Eight Thousand Dollars ($158,000). Any unapproved amount of Settlement Administration Costs shall be allocated to the NSA and apportioned to Breach of Contract Class Members and 17200 Class Members as described below. The award of Settlement Administration Costs in the amount sought is not a material term of this Agreement and the award of an amount less than requested by Plaintiffs does not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and the Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data give rise to any persons or entities (including government entities), except as required by a basis to abrogate this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure shall provide AAA NCNU’s counsel and confidentiality agreement incorporating these obligations. As to Class Member Counsel with periodic summary reports, including the total number of Breach of Contract Class Settlement PaymentsNotices/17200 Class Settlement Notices that were returned as undeliverable, the total number of objections, and the Second amounts not cashed by Breach of Contract Class Members and Third Distributions described in paragraphs 4.3(j)—(k)17200 Class Members, the if any. The Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement maintain records of its work, which shall be available for inspection upon request by AAA NCNU’s counsel or Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement PaymentsCounsel.

Settlement Administration. Class Counsel has selected American Legal Claims Services, LLC as the Settlement Administrator. The Settlement Administrator’s costs associated with the administration of this Settlement shall be paid from the Gross Settlement Fund. The Settlement Administrator shall be responsible for Notice mailings handling class noticing and all aspects of the administration of the distribution of the Gross Settlement Fund, including, but not limited to, (a) the formation of a qualified settlement fund (the “Qualified Settlement Fund”) as authorized by Treasury Regulation 1.486B-1(c) to accept, distribute, and otherwise administer the Settlement, including wiring Class Counsel’s Fees and Class Counsel’s Expenses to Class Counsel, according to such wiring instructions that The Xxxxxxx Firm, PC will provide to the Settlement Class MembersAdministrator; tracing undeliverable mailings; recording (b) the determination of the Tax and tracking responses to the mailings to the Settlement Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks Withholding Amounts for all Class Member Settlement Payments; withholding from each Class Member Settlement Paymentmember based on the pre-tax amounts shown on Schedule 1, as well as the determination of the amount of all applicable employer tax contributions, including, without limitation, the employer’s share of FICA/Medicare tax and any federal and state unemployment tax due (“Employer Portions”); (c) the preparation and mailing of settlement checks to each Class member who does not Opt-out (as defined herein); (d) the withholding, transmittal, and disbursing to reporting of the IRS Tax and other taxing authorities as Withholding Amounts and all payroll taxes, and preparing and mailing of all W-2 Forms and/or 1099 Forms, where applicable, and (e) the employee’s portion processing of payroll taxes returned settlement checks as undeliverable, including re-mailing to forwarding addresses and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next tracing of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. current addresses The Settlement Administrator will amend shall notify Defendant’s counsel, in writing, of the payments reported payment amount necessary to satisfy the Employer Portions, as well as the computation thereof. Defendant shall wire the Employer Portions to the IRS if Qualified Settlement Fund simultaneously with the payment of the Gross Settlement Fund. The Class members’ settlement distributions shall be included under the Class member’s name and social security number on a W-2 Form and any Class Member Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided applicable state or local tax form to or from be distributed by the Settlement Administrator or to or from Defendants, Class Counsel, Class Representatives, or the Parties’ experts pursuant to this Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the purposes of administering this Agreement and not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and the Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement Payments.

Settlement Administration. The Subject to approval by the Court, the Settlement Administrator shall be responsible for Notice mailings to mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; tracing undeliverable mailingsreporting on the status of the claims administration to counsel for the Parties; recording sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and tracking responses to Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the mailings Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide to the Settlement Administrator a database listing of the names, last known addresses, dates contracted by Flowers/Oxford as distributors during a Covered Period, and social security numbers or dates of birth of the Named Plaintiffs, FLSA Collective Members, and Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and disbursing to the IRS and other taxing authorities as applicable, the employee’s portion of payroll taxes and other applicable tax withholdings attributable to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executor, administrator, or next of kin, as appropriate; calculating, deducting, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable to the Class Member Settlement Payments. The Settlement Administrator will amend perform the payments reported following functions in accordance with the terms of this Settlement Agreement, the Preliminary Approval Order, and the Final Approval Order and Judgment: Provide for the Settlement Notices (with the Fairness Hearing dates) to be sent by mail to all applicable Class and FLSA Collective Members that can be identified through a reasonable effort; Provide to Defense Counsel and Class Counsel, 14 days after the first mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Members or FLSA Collective Members whose Settlement Notices have been returned to the IRS if any Class Member Settlement Payments are not cashed. Any identifying personal Administrator as undeliverable along with a report indicating steps taken by the Settlement Administrator to locate updated address information of Settlement for such Class Members and their data provided FLSA Collective Members and to or from resend the Settlement Administrator or Notices, and/or whose Settlement Notices have been forwarded to or from Defendants, Class Counsel, Class Representatives, or an updated address by the Parties’ experts pursuant to this Agreement, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640, shall be used solely for the purposes of administering this Agreement and not for any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and the Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement Payments.United States Postal Service;

Settlement Administration. The A Settlement Fund will be established with a Settlement Administrator shall selected by Plaintiffs who will be responsible for Notice mailings for: researching and updating addresses through skip-traces and similar means; reporting on the status of the administration of the Settlement to the Settlement Class MembersParties; tracing undeliverable mailingsresolving any settlement payment dispute, in concert with the counsel for the Parties; recording providing the Parties with all necessary data; setting up, administering and tracking responses to making payments from the mailings to settlement fund; distributing settlement payments and withholding therefrom the Settlement Class Members; tracking and responding to any inquiries made by Settlement Class Members; establishing and maintaining a Settlement Fund and depositing the Settlement Fund monies into the Settlement Fund; calculating appropriate tax obligations and withholdings; issuing the necessary checks for all Class Member Settlement Payments; withholding from each Class Member Settlement Payment, and disbursing to the IRS and other taxing authorities as applicable, the employee’s portion Opt-in Plaintiffs’ share of payroll taxes and other applicable tax withholdings attributable remitting such funds to the Class Member Settlement Payments; processing payments to a deceased Class Member’s executorappropriate taxing authorities, administratoralong with any associated tax reporting, or next of kin, as appropriate; calculating, deductingreturn and filing requirements, and appropriately remitting from each Class Member Settlement Payment any other applicable wage deductions required or permitted by law; logging returned checks and making one attempt performing such additional duties as the Parties may mutually direct. All disputes relating to obtain an updated address for returned checks; receiving information about Settlement Class Members’ union membership to enable calculation of appropriate Dues Payments and so calculating; issuing the Attorneys’ Fees and Costs Award payment, the Dues Payment, the Settlement Administration Expenses payment and the Reversion payment; performing all related tax reporting to taxing authorities and issuing all necessary tax statements; paying legal obligations Administrator’s performance of Settlement Class Members enforceable against the Settlement Fund by operation or application of law, court order, or otherwise; and any other related tasks mutually agreed to by the Parties. Other than as expressly specified in this Agreement, Releasees and the Class Representatives, individually, its duties shall have no responsibility whatsoever for calculating, deducting, or remitting tax withholdings attributable be referred to the Class Member Court, if necessary, which will have continuing jurisdiction over the terms and conditions of this Settlement Paymentsuntil all payments and obligations contemplated by this Settlement have been fully carried out. The Settlement Administrator administration costs will amend the payments reported to the IRS if any Class Member Settlement Payments are not cashed. Any identifying personal information of Settlement Class Members and their data provided to or be paid from the Settlement Payment Amount, and shall include all costs necessary to administer the Settlement. The actions of the settlement administrator shall be governed by the terms of the Settlement Agreement. Defendants will provide Class Counsel and the settlement administrator with, as to each Opt-in Plaintiff: 1) name; 2) last known home address; 3) last known personal email address; 4) social security number; and 5) last known telephone number. Plaintiffs’ Counsel will provide to the Settlement Administrator or to or from Defendants, Class Counsel, Class Representatives, or the Parties’ experts pursuant to this Agreementsettlement payment for each Opt-in Plaintiff. The total administrative costs of the Settlement Administrator, including any “sensitive personal information” of any Individual Provider or client of DSHS, as that term is defined in RCW 42.56.640payment for all services and mailings, shall be used solely for paid from the purposes Gross Settlement Amount. The Administrator shall: (a) set up and administer a qualified settlement fund to disburse settlement payments (“Settlement Fund”); (b) distribute all settlement checks; (c) address questions from Settlement Plaintiffs; (d) prepare and mail all necessary IRS W-2 and 1099 forms; (e) calculate the employer’s share of administering this Agreement payroll taxes to the appropriate federal, state and not for local taxing authorities; (f) collect and timely remit withholdings and the employer’s share of payroll taxes to the appropriate federal, state and local taxing authorities; and (g) perform any other purpose. The Settlement Administrator, Defendants, Class Counsel, Class Representatives, and duties necessary to effectuate the Parties’ experts shall maintain all such information and data as private and strictly confidential and shall not disclose such data to any persons or entities (including government entities), except as required by this Agreement, by law, or by Court order. Notwithstanding the foregoing, the Settlement Administrator may disclose individual Settlement Class Member data to the individual Settlement Class Member to whom the data applies. The Settlement Administrator must agree to a nondisclosure and confidentiality agreement incorporating these obligations. As to Class Member Settlement Payments, and the Second and Third Distributions described in paragraphs 4.3(j)—(k), the Settlement Administrator shall provide Plaintiffs’ Counsel and Defendants’ Counsel with data regarding each Settlement Class Member’s name, provider number, gross settlement payment, dues payment if any, payroll taxes and withholdings, net settlement payment, and whether or not the settlement payment was cashed or deposited. Plaintiffs will use best efforts to select a Settlement Administrator that will agree to specifically indemnify and hold Defendants harmless for any errors or omissions the Settlement Administrator may make in appropriately withholding and remitting to any taxing authority whatsoever the Defendants’ and Settlement Class Members’ portions of taxes attributable to the Class Member Settlement Payments.