Settlement Administrators Duties Sample Clauses
The Settlement Administrator’s Duties clause defines the responsibilities and obligations of the third-party entity appointed to manage the settlement process in a legal agreement. Typically, this clause outlines tasks such as distributing settlement funds, processing claims, providing notices to class members, and maintaining records of all transactions. By clearly assigning these administrative tasks, the clause ensures that the settlement process is conducted efficiently, transparently, and in accordance with the terms of the agreement, thereby minimizing disputes and confusion among the parties involved.
Settlement Administrators Duties. 10.1. The Settlement Administrator shall:
10.1.1. transmit the Class Notice, by the means approved by the Court, to the Class Members;
10.1.2. establish the Settlement Website and Settlement Call Center;
10.1.3. publish notice in the media and manner as directed by the Parties;
10.1.4. arrange for and distribute Presumptive Refund Amounts to Class Members;
10.1.5. arrange for and distribute Final Refund Amounts to Class Members;
10.1.6. arrange for and distribute amounts from the Refund Account as set forth in Section 10.5.2;
10.1.7. maintain a list of Class Members who submitted individual motions or requests prior to May 19, 2020, with the Trial Court, the Massachusetts Parole Board, the Massachusetts Registry of Motor Vehicles, or the Massachusetts State Police, for the refunds of paid fees or exactions in a Recoverable Category;
10.1.8. provide the Parties, through their counsel, with monthly bills concerning and a final accounting of the Refund Account and all distributions therefrom;
10.1.9. maintain all records relating to the submission, processing, and final resolution of Membership Claims and Refund Amount Claims;
10.1.10. facilitate the resolution of Membership Claims and Refund Amount Claims; and
10.1.11. perform any other duties necessary to fulfill the foregoing responsibilities and any other responsibilities set forth in the Settlement Agreement.
Settlement Administrators Duties. The Parties agree that Equifax will retain, subject to Court approval, an independent Settlement Administrator. The Parties further agree that, subject to Court approval, they have selected Continental DataLogix LLC to serve as the Settlement Administrator. The Settlement Administrator shall perform the functions specified in this Agreement and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement, the duties of the Settlement Administrator shall include:
(a) Providing notice to Settlement Class Members identified on the Class List;
(b) Receiving, and determining the validity of, all Claims submitted;
(c) Establishing and maintaining a mailing address for receiving requests for exclusion from Settlement Class Members;
(d) Establishing and maintaining the Settlement Website;
Settlement Administrators Duties. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraphs and elsewhere in this Agreement, are as follows:
(i) Use the name, email, and postal address information for Class Members provided by Defendant in connection with the Notice for the purpose of mailing or emailing the Notice and later mailing Settlement Class Member Payment checks to former customers;
(ii) Establish and maintain a Post Office box for the receipt of exclusion/opt-out requests and objections;
(iii) Establish and maintain a Settlement website;
(iv) Establish and maintain an automated toll-free telephone number for Class Members to call with settlement-related inquiries and answer frequently asked questions of Class Members who call or otherwise communicate such inquiries;
(v) Respond to any mailed Class Member inquiries;
(vi) Process all requests for exclusion from Class Members;
(vii) Provide weekly reports to Class Counsel and Defendant’s counsel that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date and other pertinent information;
(viii) In advance of the Final Approval Hearing, prepare an affidavit or declaration to submit to the Court confirming Notice was completed, describing how the Notices were completed, providing information on the Class Members who timely and properly opted-out from the Class and those Class Members who timely filed objections, and any other information as may be necessary to allow the parties to seek and obtain Final Approval;
(ix) Pay invoices, expenses, and costs upon approval by Class Counsel and Defendant’s counsel;
(x) Prepare a Final Report of all receipts and disbursements from the Settlement Fund;
(xi) Any other Settlement administration related functions at the instruction of Class Counsel and Defendant’s counsel, including, but not limited to, verifying that the Settlement Fund has been distributed.
Settlement Administrators Duties. Settlement Administrator shall coordinate and undertake all duties related to the administration of the Settlement Agreement.
5.2.1 The duties of the Settlement Administrator shall include, but are not limited to: (i) compile and send via U.S. Mail to the Putative Class Members and PAGA Releasees the Class Notice; (ii) confirm the accuracy of the addresses of Putative Class Members and PAGA Releasees through the United States Post Office’s National Change of Address database before mailing; (iii) perform one skip trace on any Class Notice returned as undeliverable; (iv) re-mail Class Notice one time only by First Class Mail if the Class Notice was returned undeliverable and a new address is located or upon a Putative Class Member’s or PAGA Releasees request; (v) send deficiency letters as needed; (vi) the allocation duties described below; (vii) process Workweek Disputes, Requests for Exclusion, and Objections; (viii) calculate and distribute all payments due under the Settlement Agreement; (ix) undertake tax reporting, withholding, remittances, and calculation of Employer Taxes; and (x) create and operate the settlement website and toll-free call center. The Settlement Administrator shall also provide a declaration under penalty of perjury (“Administrator’s Declaration”) which summarizes its findings and the results of the notice process, including and not limited to, stating: the number of individuals and Workweeks at Issues reflected in the data provided by Defendant; the number of mailings; the number of Workweeks Disputes, Objections, and Requests for Exclusion received; and other information as is required to obtain Final Approval of the Settlement and the Settlement Agreement.
Settlement Administrators Duties. The Settlement 20 Administrator’s duties shall include, without limitation:
21 4.3.2.1 calculating all of the amounts specified in section 4.7.3.1 and
Settlement Administrators Duties a. Dissemination of Notices. So long as the class administration fees are $15,000 or less, the parties stipulate to use Simpluris Inc. as the class administrator. Simpluris, Inc. shall disseminate Notice as provided in Section 4 of this Settlement Agreement. If a Notice is returned with a forwarding address, the Settlement Administrator shall promptly mail a new Notice to the forwarding address. If a Notice is returned without a forward address, the Settlement Administrator shall utilize reasonable methods to obtain a skip trace on the address for a final attempt of delivery.
Settlement Administrators Duties. The Settlement Administrator shall be solely responsible for the following functions in accordance with the terms of this Agreement, and with the Approval Order:
A. As soon as practicable, but no later than ten (10) days after the Court’s entry of the Approval Order (unless otherwise ordered by the Court), mailing, by first-class United States Mail, the Settlement Notice, Claim Form, and a blank Form W- 9 to each Settlement Collective Member, as set forth in Section 3.4.
B. Providing regular reports to the Parties, but no less frequently than one report every two weeks, regarding:
i. The status of the mailing of the Settlement Notices and Claim Forms to Settlement Collective Members;
ii. The identity and number of Settlement Collective Members who submit an Exclusion Request,
iii. The identity and number of Claiming Collective Members; and
iv. The distribution and redemption of the settlement checks.
C. Processing any challenges to the payment calculations.
D. Within seven (7) days following the Bar Date, providing to Defendants a list of every Settlement Collective Member who timely submitted an Exclusion Request;
E. Providing Collective Counsel with electronic copies of all individual Claims Forms mailed to Settlement Collective Members.
F. Submitting the Named Plaintiffs’ and Claiming Collective Members’ taxpayer identification numbers, as provided in the executed Form W-9’s, to the Internal Revenue Service taxpayer identification number matching service, and obtaining (prior to issuing payment) a corrected Form W-9 from each Named Plaintiff and/or Claiming Collective Member whose taxpayer identification number does not result in a match in the above-referenced IRS process.
G. Translating the Settlement Notice and Claim Form into Spanish and providing such translation to the Parties prior to mailing to review and confirm the accuracy thereof.
H. Mailing, by first-class United States Mail, settlement checks to Claiming Collective Members in accordance with the payment calculations provided to the Settlement Administrator by Collective Counsel.
I. Transmitting, by wire transfer, payment(s) for attorneys’ fees and costs to Collective Counsel.
J. Mailing, by first-class United States Mail, the Retaliation Settlement to Plaintiff ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇.
K. Transmitting to Defendants, by wire transfer, components of the Settlement Payment to be returned to Defendants under this Agreement.
L. Establishing, designating, and maintaining the Collective Settlement Fund ...
Settlement Administrators Duties. The Parties agree that Parties will retain, subject to Court approval, an independent Settlement Administrator. The Parties further agree that, subject to Court approval, they have selected American Legal Claim Services LLC to serve as the Settlement Administrator. The Settlement Administrator shall perform the functions specified in this Agreement and any other functions approved by the Court. In addition to other responsibilities that are described elsewhere in this Agreement, the duties of the Settlement Administrator shall include:
(a) Providing notice to Settlement Class Members identified on the Class List by Email;
(b) Establishing and maintaining the Settlement Website;
(c) Responding to Settlement Class Member inquiries; and
(d) Performing any other functions that the Parties jointly agree are necessary to accomplish administration of the Settlement.
Settlement Administrators Duties. (a) The Settlement Administrator shall (1) mail the Notice of Class Action Settlement (the “Notice” or “Class Notice”) to Class Members; (2) seek additional information from Class Members or Class Counsel, when appropriate; (3) respond to questions from Class Members; (4) receive the amounts to be paid to Settlement Class Members per application of the Allocation Formula and distribute awards to Settlement Class Members; (5) maintain a toll-free number for communicating with Settlement Class Members; (6) mail checks to Settlement Class Members and Class Counsel; and (7) any other duties necessary to carry out its responsibilities described in this Agreement.
Settlement Administrators Duties. The Settlement Administrator shall be solely responsible for the following functions in accordance with the terms of this Agreement, and with the Preliminary Approval Order and Final Approval Order in the Lawsuit:
1. Submitting the Named Plaintiffs’ and Claiming Class Members’ taxpayer identification numbers, as provided in the executed Form W-9’s, to the Internal Revenue Service taxpayer identification number matching service, and obtaining (prior to issuing payment) a corrected Form W-9 from each Named Plaintiff and/or Claiming Class Member whose taxpayer identification number does not result in a match in the above-referenced IRS process.
2. Mailing, by first-class United States Mail, settlement awards to Named Plaintiff and Claiming Class Members in accordance with the Payment Calculations for each such Class Member provided to the Settlement Administrator by Class Counsel.
3. Mailing, by first-class United States Mail, payment(s) for attorneys’ fees and costs to Class Counsel.
4. Mailing, by first-class United States Mail, incentive awards to Named Plaintiffs.
5. Mailing payments of unclaimed settlement funds to the designated cy pres beneficiaries, if any.
6. Establishing, designating, and maintaining the Class Settlement Fund as a “qualified settlement fund” under Internal Revenue Code § 468B and Treasury Regulation § 1.468B-1, for the purpose of resolving the contested claims of Named Plaintiff and Class Members.
7. Maintaining the assets of the Class Settlement Fund in a non-interest- bearing escrow account segregated from the assets of FXG and any person related to FXG.
8. Obtaining an employer identification number (EIN) for the Class Settlement Fund pursuant to Treasury Regulation § 1.468B-2(k)(4).
9. Preparing and filing federal income tax returns in the name of the Class Settlement Fund, as well as any other tax filings the Class Settlement Fund must make under federal, state, or local law.
10. Cooperating with FXG to jointly file a relation-back election under Treasury Regulation § 1.468B-1(j)(2), if necessary, to treat the Class Settlement Fund as coming into existence as of the earliest possible date.
11. Paying and depositing the federal taxes owed by the Class Settlement Fund under Treasury Regulation § 1.468B-2, as well as any state or local taxes owed by the Class Settlement Fund.
12. Preparing, filing, and issuing all necessary tax reporting forms in the name of the Class Settlement Fund, including IRS Forms 1099 regarding the distrib...