Settlement Payment If the resulting net amount is positive, it shall be payable by the Defaulting Party to the Non-Defaulting Party, and if it is negative, then the absolute value of such amount shall be payable by the Non-Defaulting Party to the Defaulting Party.
Settlement Class The “Rule 23(b)(3) Settlement Class Releasing Parties” are the Class Plaintiffs, each and every member of the Rule 23(b)
Settlement Administrator The Settlement Administrator shall help implement the terms of the Settlement Agreement. 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. The Settlement Administrator shall be responsible for: (a) Establishing, designing, and maintaining the Settlement Website; (b) Disseminating Notice, including Email Notice, Mailed Notice, and Website Notice, in accordance with this Agreement, the Notice Plan, and the Court’s orders; (c) Monitoring and responding to inquiries from Settlement Class Members in a timely fashion and, where necessary, forwarding such written inquiries to Class Counsel; (d) Accurately and objectively describing the terms of the Agreement in communications with Settlement Class Members, including training its employees and agents accordingly; (e) Receiving and compiling Opt-Out Forms and any other correspondence requesting exclusion from the Settlement Classes; (f) Receiving and processing Claims, determining the validity of Claims, maintaining a database of Claims, and distributing Settlement Payments to Settlement Class Members; (g) Providing periodic reports and accountings on Claims, Objections, Opt- Out Forms and any other requests for exclusion from the Settlement, and any other such information that may be reasonably requested by Class Counsel and Defendants’ Counsel; (h) Preparing declaration(s) attesting to compliance with the Notice requirements in this Agreement and providing such declaration(s) to Class Counsel and Defendants’ Counsel; (i) Seeking further clarification or authorization from Class Counsel and Defendants’ Counsel when necessary for performance of its duties and the expenditure of cash from the Settlement Fund; (j) Ensuring the privacy and security of data associated with Settlement Class Members; and (k) Otherwise assisting with implementation and administration of the terms of this Settlement Agreement.