Common use of Settlement Plan Clause in Contracts

Settlement Plan. Pursuant to Section 4.1.1, Class Counsel will develop a Class Settlement Plan for the administration of the Class Settlement Fund, the final version of which shall be filed publicly with the Approving Court pursuant to Section 9.1.1. 4.1.1 Class Counsel will present a proposed Class Settlement Plan to Defendants within 24 days after the filing of the Preliminary Approval Motion. Within 21 days of receipt of the Class Settlement Plan, Defendants shall advise of any objections or requested modifications. Defendants may file objections to the Class Settlement Plan with the Approving Court, including on the grounds that the Class Settlement Plan is inconsistent with this Class Settlement Agreement. In the event that the Approving Court requires changes to the Class Settlement Plan, the Class Parties remain bound to the Class Settlement Agreement, except that requirements that are expressly stated in this Class Settlement Agreement (except where expressly noted) may not be altered without the written consent of all signatories to this Class Settlement Agreement. 4.1.2 The following provisions must be included in the Class Settlement Plan. (a) The Class Settlement Plan shall include a provision for a reallocation of any residual amount from the Class Settlement Fund, with such residual amount defined as the difference between the Class Settlement Amount and the Monetary Awards actually made to all Class Claimants pursuant to the plan of allocation. (b) The Class Settlement Plan shall include a plan for determining the Monetary Award for each Class Claimant, if any, which may address the valuation of specific Class Settlement Agreement 20 categories of claims and the proof or evidentiary showing, if any, necessary for a Class Claimant to establish entitlement to a Monetary Award. (c) The Class Settlement Plan shall include a plan for claims administration, including the distribution and timing of Monetary Awards, and including any relevant deadlines for the submission of claim forms or accompanying information, and the submission of any required forms of information for receipt of a Monetary Award. In any such plan, a failure of a Class Plaintiff, or their agent, to comply with the requirements of the Class Settlement Plan to receive a Monetary Award, or the fact that a Class Plaintiff ultimately does not receive any particular Monetary Award that was allocated to them, will not affect the validity or enforceability of the releases set forth in Section 7.1. (d) The Class Settlement Plan shall require that any Class Claimant who is eligible for payment from the One Ohana Fund must register for and seek payment from the One Ohana Fund as a condition precedent to receiving any money from the Class Settlement Fund. The Class Settlement Plan shall ensure that any Class Claimant’s Monetary Award takes into consideration the amount of any payment that the Class Claimant previously received from the One Ohana Fund. For the avoidance of doubt, Class Claimants may receive additional money from the Class Settlement Fund beyond any amounts previously received from the One Ohana Fund. (i) The State of Hawai’i will work with the contributors to the One Ohana Fund to reopen it for the submission of claims for a time period of at least six months after the issuance of the order of Preliminary Approval to effectuate this requirement under Section 4.1.2(d). (e) The Class Settlement Plan shall ensure that any Class Claimant’s Monetary Award does not impact the eligibility of a Class Claimant to receive assistance from the Federal Emergency Management Agency (“FEMA”). The Class Settlement Plan shall implement measures that take into consideration the amount of any payment that the Class Claimant previously received from FEMA, where known, when determining that Class Claimant’s Monetary Award. For the avoidance of doubt, Class Claimants may receive additional money from the Class Settlement Fund beyond any amounts previously received from FEMA. (f) The Class Settlement Plan shall include a plan for class notice that satisfies any applicable legal requirements, including Hawai‘i law and due process. (g) The Class Settlement Plan shall include a plan for approval of the Class Settlement Agreement by the Approving Court(s), including as to the Settlement Class. The plan shall provide, consistent with this Class Settlement Agreement, a plan to address and satisfy any applicable requirements of Hawai‘i law for achieving Preliminary Approval, Final Approval, and preliminary and final certification of the Settlement Class for settlement purposes. The Class Settlement Plan may include sub-classes; involve appointment of additional class or sub-class representatives; or otherwise include provisions not inconsistent with this Class Settlement Agreement for the purpose of satisfying applicable legal requirements. Class Settlement Agreement 21 (h) The Class Settlement Plan shall propose deadlines for submitting Opt Out Forms, written objections to the Class Settlement Agreement, briefing related to Preliminary Approval, and briefing related to Final Approval. (i) The Class Settlement Plan shall include a plan for the establishment and implementation of procedures to detect and prevent fraudulent or invalid submissions and the payment of such claims from the Class Settlement Fund. Defendants and Class Counsel each will have the absolute right and discretion, at any time, but at their sole expense, in good faith to conduct, or have conducted by an independent auditor, audits to verify Monetary Awards to Class Claimants. (j) The Class Settlement Plan shall set forth a process for the identification of liens on a Class Claimant’s recovery, including, but not limited to, any potential health care liens or recovery claims related to this Class Settlement Agreement, as well as any liens related to property insurance or business loss claims. The plan shall require any Class Claimant to, as part of the claims process or otherwise to be eligible for a Monetary Award, provide the names of any insurers, including for medical coverage, property loss or damage, and business loss or interruption, to which the Class Claimant has made a claim for payment of any sums arising out of or related to the Maui Fires and the amount of such payments sought and received. The plan shall set forth the process by which all liens shall be satisfied, and shall provide for the completion of any applicable reporting obligations. The plan shall provide that Class Claimants are solely responsible to pay, satisfy, compromise, or settle any costs, expenses, liens, claims, and demands. The plan shall state that no Monetary Award shall be made to a Class Claimant until all lien and other fees and cost obligations of the Class Claimant have been resolved and paid or have been withheld subject to an applicable lien holdback. The plan shall further address the role that the Approving Court will have in resolving any disputes related to identification and satisfaction of liens, including the amount of such liens. Notwithstanding the foregoing, nothing in this Class Settlement Agreement shall limit the ability of the Class Plaintiffs and the Subrogation Insurers to agree to an alternative process for resolution of liens. (i) The Class Settlement Plan shall require, as a condition for receipt of any Monetary Award, that Class Claimants provide the Class Settlement Administrator with all information necessary to resolve all liens or rights of subrogation or reimbursement from any doctors, hospitals, other healthcare providers and servicers, and any other individuals, insurers, companies, agencies, workers’ compensation insurers or agencies, governmental agencies, political subdivisions, attorneys, or other third parties, including, but not limited to, Medicare, Med-QUEST, the Veterans Administration, Tricare, the Department of Health Care Services, Medicaid, the Centers for Medicare & Medicaid Services, or any other federal or state programs or Persons (collectively, “Medical Liens”). The Class Settlement Plan shall further require Class Claimants to obtain waivers or other documentation from all Persons holding such Medical Liens, establishing that all Medical Liens for all Class Claimants have been paid, satisfied, or waived. (ii) The Class Parties agree that, to the extent their Medicare, Medicaid, and SCHIP Extension Act (“MMSEA”) reporting obligations change during the executory period of this Class Settlement Agreement, Class Claimants must provide any additional information needed to comply with such requirements. Class Settlement Agreement 22 (k) The Class Settlement Plan shall include provisions that address the resolution of claims of Subrogation Insurers for payments made to policyholders who are Class Plaintiffs but are not Class Claimants, which shall include a process for such insurers to submit claims on behalf of their insureds when such insureds do not submit a claim. (l) The Class Settlement Plan shall not modify or adjust the amount allocated to a Class Claimant based on whether such Class Claimant received, or is entitled to receive, payments from a Subrogation Insurer under a policy of insurance. (m) The Class Settlement Plan shall include a plan for disposition of funds that remain after the claims process, to the degree not addressed in Section 4.1.2(a). (n) The Class Settlement Plan shall include a plan for potential distribution of Holdback Funds to Class Claimants, subject to Section 8.3.

Settlement Plan. Pursuant to Section 4.1.1, Class Counsel will develop a Class Settlement Plan for the administration of the Class Settlement Fund, the final version of which shall be filed publicly with the Approving Court pursuant to Section 9.1.1. 4.1.1 Class Counsel will present a proposed Class Settlement Plan to Defendants within 24 days after the filing of the Preliminary Approval Motion. Within 21 days of receipt of the Class Settlement Plan, Defendants shall advise of any objections or requested modifications. Defendants may file objections to the Class Settlement Plan with the Approving Court, including on the grounds that the Class Settlement Plan is inconsistent with this Class Settlement Agreement. In the event that the Approving Court requires changes to the Class Settlement Plan, the Class Parties remain bound to the Class Settlement Agreement, except that requirements that are expressly stated in this Class Settlement Agreement (except where expressly noted) may not be altered without the written consent of all signatories to this Class Settlement Agreement. 4.1.2 The following provisions must be included in the Class Settlement Plan. (a) The Class Settlement Plan shall include a provision for a reallocation of any residual amount from the Class Settlement Fund, with such residual amount defined as the difference between the Class Settlement Amount and the Monetary Awards actually made to all Class Claimants pursuant to the plan of allocation. (b) The Class Settlement Plan shall include a plan for determining the Monetary Award for each Class Claimant, if any, which may address the valuation of specific Class Settlement Agreement 20 categories of claims and the proof or evidentiary showing, if any, necessary for a Class Claimant to establish entitlement to a Monetary Award. (c) The Class Settlement Plan shall include a plan for claims administration, including the distribution and timing of Monetary Awards, and including any relevant deadlines for the submission of claim forms or accompanying information, and the submission of any required forms of information for receipt of a Monetary Award. In any such plan, a failure of a Class Plaintiff, or their agent, to comply with the requirements of the Class Settlement Plan to receive a Monetary Award, or the fact that a Class Plaintiff ultimately does not receive any particular Monetary Award that was allocated to them, will not affect the validity or enforceability of the releases set forth in Section 7.1. (d) The Class Settlement Plan shall require that any Class Claimant who is eligible for payment from the One Ohana Fund must register for and seek payment from the One Ohana Fund as a condition precedent to receiving any money from the Class Settlement Fund. The Class Settlement Plan shall ensure that any Class Claimant’s Monetary Award takes into consideration the amount of any payment that the Class Claimant previously received from the One Ohana Fund. For the avoidance of doubt, Class Claimants may receive additional money from the Class Settlement Fund beyond any amounts previously received from the One Ohana Fund. (i) The State of Hawai’i will work with the contributors to the One Ohana Fund to reopen it for the submission of claims for a time period of at least six months after the issuance of the order of Preliminary Approval to effectuate this requirement under Section 4.1.2(d). (e) The Class Settlement Plan shall ensure that any Class Claimant’s Monetary Award does not impact the eligibility of a Class Claimant to receive assistance from the Federal Emergency Management Agency (“FEMA”). The Class Settlement Plan shall implement measures that take into consideration the amount of any payment that the Class Claimant previously received from FEMA, where known, when determining that Class Claimant’s Monetary Award. For the avoidance of doubt, Class Claimants may receive additional money from the Class Settlement Fund beyond any amounts previously received from FEMA. (f) The Class Settlement Plan shall include a plan for class notice that satisfies any applicable legal requirements, including Hawai‘i law and due process. (g) The Class Settlement Plan shall include a plan for approval of the Class Settlement Agreement by the Approving Court(s), including as to the Settlement Class. The plan shall provide, consistent with this Class Settlement Agreement, a plan to address and satisfy any applicable requirements of Hawai‘i law for achieving Preliminary Approval, Final Approval, and preliminary and final certification of the Settlement Class for settlement purposes. The Class Settlement Plan may include sub-classes; involve appointment of additional class or sub-class representatives; or otherwise include provisions not inconsistent with this Class Settlement Agreement for the purpose of satisfying applicable legal requirements. Class Settlement Agreement 21. (h) The Class Settlement Plan shall propose deadlines for submitting Opt Out Forms, written objections to the Class Settlement Agreement, briefing related to Preliminary Approval, and briefing related to Final Approval. (i) The Class Settlement Plan shall include a plan for the establishment and implementation of procedures to detect and prevent fraudulent or invalid submissions and the payment of such claims from the Class Settlement Fund. Defendants and Class Counsel each will have the absolute right and discretion, at any time, but at their sole expense, in good faith to conduct, or have conducted by an independent auditor, audits to verify Monetary Awards to Class Claimants. (j) The Class Settlement Plan shall set forth a process for the identification of liens on a Class Claimant’s recovery, including, but not limited to, any potential health care liens or recovery claims related to this Class Settlement Agreement, as well as any liens related to property insurance or business loss claims. The plan shall require any Class Claimant to, as part of the claims process or otherwise to be eligible for a Monetary Award, provide the names of any insurers, including for medical coverage, property loss or damage, and business loss or interruption, to which the Class Claimant has made a claim for payment of any sums arising out of or related to the Maui Fires and the amount of such payments sought and received. The plan shall set forth the process by which all liens shall be satisfied, and shall provide for the completion of any applicable reporting obligations. The plan shall provide that Class Claimants are solely responsible to pay, satisfy, compromise, or settle any costs, expenses, liens, claims, and demands. The plan shall state that no Monetary Award shall be made to a Class Claimant until all lien and other fees and cost obligations of the Class Claimant have been resolved and paid or have been withheld subject to an applicable lien holdback. The plan shall further address the role that the Approving Court will have in resolving any disputes related to identification and satisfaction of liens, including the amount of such liens. Notwithstanding the foregoing, nothing in this Class Settlement Agreement shall limit the ability of the Class Plaintiffs and the Subrogation Insurers to agree to an alternative process for resolution of liens. (i) The Class Settlement Plan shall require, as a condition for receipt of any Monetary Award, that Class Claimants provide the Class Settlement Administrator with all information necessary to resolve all liens or rights of subrogation or reimbursement from any doctors, hospitals, other healthcare providers and servicers, and any other individuals, insurers, companies, agencies, workers’ compensation insurers or agencies, governmental agencies, political subdivisions, attorneys, or other third parties, including, but not limited to, Medicare, Med-QUEST, the Veterans Administration, Tricare, the Department of Health Care Services, Medicaid, the Centers for Medicare & Medicaid Services, or any other federal or state programs or Persons (collectively, “Medical Liens”). The Class Settlement Plan shall further require Class Claimants to obtain waivers or other documentation from all Persons holding such Medical Liens, establishing that all Medical Liens for all Class Claimants have been paid, satisfied, or waived. (ii) The Class Parties agree that, to the extent their Medicare, Medicaid, and SCHIP Extension Act (“MMSEA”) reporting obligations change during the executory period of this Class Settlement Agreement, Class Claimants must provide any additional information needed to comply with such requirements. Class Settlement Agreement 22. (k) The Class Settlement Plan shall include provisions that address the resolution of claims of Subrogation Insurers for payments made to policyholders who are Class Plaintiffs but are not Class Claimants, which shall include a process for such insurers to submit claims on behalf of their insureds when such insureds do not submit a claim. (l) The Class Settlement Plan shall not modify or adjust the amount allocated to a Class Claimant based on whether such Class Claimant received, or is entitled to receive, payments from a Subrogation Insurer under a policy of insurance. (m) The Class Settlement Plan shall include a plan for disposition of funds that remain after the claims process, to the degree not addressed in Section 4.1.2(a). (n) The Class Settlement Plan shall include a plan for potential distribution of Holdback Funds to Class Claimants, subject to Section 8.3.