Common use of Settlement Relief Clause in Contracts

Settlement Relief. 2.1. On or within one (1) business day after the Preliminary Approval Date, Class Counsel shall provide to Defendants written confirmation of all necessary information to complete the wire transfers of any funds due from Defendants pursuant to the Settlement into the Settlement Fund Account. Within ten (10) business days of the Preliminary Approval Date, Defendants shall fund the Settlement Fund in full by wire transfer into the Settlement Fund Account. 2.2. The Net Settlement Fund shall be distributed to the Settlement Class Members pursuant to the distribution formulas proposed by Class Counsel, subject to Court approval. Any such revision required to obtain Court approval shall not constitute an amendment or modification to the Agreement subject to Paragraph 11.13. 2.3. Defendants shall provide the data necessary to apply the distribution formulas for Settlement Class Members on or prior to seven (7) days after the Preliminary Approval Date. Within 30 days after the Final Settlement Date, the Settlement Administrator shall calculate each Settlement Class Member’s distribution pursuant to the distribution methodology and deliver to each Settlement Class Member by U.S. mail, first-class postage prepaid, a settlement check or other mechanism of payment in the amount of the share of the Net Settlement Fund to which the Settlement Class Member is entitled pursuant to the Distribution Plan. Settlement payments will be automatically delivered without any proof of claim or further action on the part of the Settlement Class Members. 2.4. Checks shall remain negotiable for 180 days from the date of mailing. Checks not cashed during this time will be canceled, and amounts of canceled checks will be sent to the unclaimed property division of the state in which each such Settlement Class Member was last sent Class Notice or distributed as otherwise ordered by the Court. Checks shall be re-issued by the Settlement Administrator if such requests are received from Settlement Class Members before the transfer to the unclaimed property divisions has occurred. Defendants shall have no obligations or responsibility relating to the redistribution or reissuance of any canceled checks or the transmission of any amounts of canceled checks. 2.5. The Parties agree that if the Court finds that the Distribution Plan submitted by Class Counsel is not fair and reasonable, and refuses to approve the Settlement on that basis, Class Counsel may, in consultation with Defendants, modify the Distribution Plan to resolve the issue to the satisfaction of the Court, and any such modification shall not constitute an amendment or modification of this Agreement. In no event will any modification to the Distribution Plan change Defendants’ obligations under Paragraph 1.38 or any other provision of this Agreement.

Settlement Relief. 2.1. On or within one Within seven (17) business day days after the Preliminary Approval Date, Class Counsel shall provide to Defendants Defendant written confirmation of all necessary information to complete the wire transfers of any funds due from Defendants Defendant pursuant to the Settlement into the Settlement Fund Account. Within ten thirty (1030) business days of the Preliminary Approval DateDate or February 1, Defendants 2025, whichever is later, Defendant shall fund the Settlement Fund in full by wire transfer into the Settlement Fund Account. 2.2. The Net Settlement Fund shall be distributed to the Settlement Class Members pursuant to the distribution formulas proposed by Class Counsel, subject to Court approval. Any such revision required to obtain Court approval shall not constitute an amendment or modification to the Agreement subject to Paragraph 11.1311.11. 2.3. Defendants Defendant shall provide the data necessary to apply the distribution formulas for Settlement Class Members on or prior to seven (7) days as soon as practicable after the Preliminary Approval Date. Within 30 thirty (30) days after the Final Settlement Date, the Settlement Administrator shall calculate each Settlement Class Member’s distribution pursuant to the distribution methodology and deliver to each Settlement Class Member by U.S. mail, first-class postage prepaid, a settlement check or other mechanism of payment in the amount of the share of the Net Settlement Fund to which the Settlement Class Member is entitled pursuant to the Distribution Plan. Settlement payments will be automatically delivered without any proof of claim or further action on the part of the Settlement Class Members. 2.4. Checks shall remain negotiable for 180 days from the date of mailing. Checks not cashed during this time will be canceled, and amounts of canceled checks will be sent to the unclaimed property division of the state in which each such Settlement Class Member was last sent Class Notice or distributed as otherwise ordered by the Court. Checks shall be re-issued by the Settlement Administrator if such requests are received from Settlement Class Members before the transfer to the unclaimed property divisions has occurred. Defendants Defendant shall have no obligations or responsibility relating to the redistribution or reissuance of any canceled checks or the transmission of any amounts of canceled checks. 2.5. The Parties agree that if the Court finds that the Distribution Plan submitted by Class Counsel is not fair and reasonable, and refuses to approve the Settlement on that basis, Class Counsel may, in consultation with DefendantsDefendant, modify the Distribution Plan to resolve the issue to the satisfaction of the Court, and any such modification shall not constitute an amendment or modification of this Agreement. In no event will any modification to the Distribution Plan change Defendants’ Defendant’s obligations under Paragraph 1.38 Paragraphs 1.36 or 2.1 or any other provision of this Agreement.

Settlement Relief. 2.1. On or within one (1) Within five business day after days following the Preliminary Approval Date, Defendant shall fully fund the Settlement Fund by wire transfer into the Settlement Fund Account. Within two business days following the Preliminary Approval Date, Class Counsel shall provide to Defendants Defendant’s Counsel written confirmation of all necessary information to complete the wire transfers of any funds due from Defendants pursuant to the Settlement into the Settlement Fund Account. Within ten (10) business days of the Preliminary Approval Date, Defendants shall fund the Settlement Fund in full by wire transfer into the Settlement Fund Accounttransfer. 2.2. The Net Settlement Fund shall be distributed to the Settlement Class Members pursuant to the distribution formulas proposed plan of allocation set forth in Exhibit D, or such other plan of allocation as approved by Class Counsel, subject to Court approval. Any such revision required to obtain Court approval shall not constitute an amendment or modification to the Agreement subject to Paragraph 11.13Court. 2.3. Defendants shall provide the data necessary to apply the distribution formulas for Settlement Class Members on or prior to seven (7) days after the Preliminary Approval Date. Within 30 thirty calendar days after the Final Settlement Date, the Settlement Administrator shall calculate each Settlement Class Member’s distribution pursuant to the distribution methodology plan of allocation proposed by Class Counsel and set forth in Exhibit D, or such other plan of allocation as approved by the Court, and deliver to each Settlement Class Member by U.S. mail, first-class postage prepaid, a settlement check or other mechanism of payment in the amount of the share of the Net Settlement Fund to which the Settlement Class Member he/she/it is entitled pursuant to the Distribution Planentitled. Settlement payments checks will be automatically delivered mailed without any proof of claim or further action on the part of the Settlement Class Members. Within one year plus 30 days after the date the Settlement Administrator mails settlement checks pursuant to this paragraph, the Settlement Administrator shall mail additional checks to distribute any funds remaining in the Settlement Fund, as set forth in the plan of allocation approved by the Court, and subject to the economic and administrative feasibility of mailing such additional checks. 2.4. Checks shall remain negotiable for 180 days from To the date of mailing. Checks not cashed during this time will be canceled, and amounts of canceled checks will be sent to the unclaimed property division of the state in which each such Settlement Class Member was last sent Class Notice or distributed as otherwise ordered by the Court. Checks shall be re-issued by the Settlement Administrator if such requests are received from Settlement Class Members before the transfer to the unclaimed property divisions has occurred. Defendants shall have no obligations or responsibility relating to the redistribution or reissuance of any canceled checks or the transmission of any amounts of canceled checks. 2.5. The Parties agree that if extent the Court finds that the Distribution Plan submitted by Class Counsel is Settlement does not fair and reasonablemeet the standard for preliminary approval, and refuses the Parties will negotiate in good faith to approve modify the Settlement on that basis, Class Counsel may, in consultation directly or with Defendants, modify the Distribution Plan assistance of the Mediator and endeavor to resolve the issue issue(s) to the satisfaction of the Court, and any such modification shall not constitute an amendment or modification of this Agreement. In no event will any modification to the Distribution Plan change Defendants’ obligations under Paragraph 1.38 or any other provision of this Agreement.

Settlement Relief. 2.1. On or within one (1) business day after the Preliminary Approval Date, Class Counsel shall provide to Defendants Defendant’s Counsel written confirmation of all necessary information to complete the wire transfers of any funds due from Defendants Defendant pursuant to the Settlement into the Settlement Fund Account. Within ten (10) seven business days of the Preliminary Approval Date, Defendants Defendant shall fund the Settlement Fund in full the amount of the Settlement Administration Expenses by wire transfer into the Settlement Fund Account. Within seven business days following the Final Settlement Date, Defendant shall fund the balance of the Settlement Fund (Settlement Fund less the Settlement Administration Expenses) by wire transfer into the Settlement Fund Account. 2.2. Within seven days following receipt of the balance of the Settlement Fund referred to in Paragraph 2.1, the Settlement Administrator shall transfer Class Counsel’s Fees and Expenses, and Plaintiff’s Service Award, by wire transfer to the trust account designated by Class Counsel. 2.3. The Net Settlement Fund shall be distributed to the Settlement Class Members pursuant to the distribution formulas proposed by Class Counsel, attached hereto as Exhibit B, subject to approval by the Court. Class Counsel may, subject to Court approval. approval and USAA Life’s right to object, revise the distribution formulas and the attached Exhibit B. Any such revision required to obtain Court approval shall not constitute an amendment or modification to the Agreement subject to Paragraph 11.13. 2.32.4. Defendants shall provide Class Counsel will deliver the data necessary to apply the distribution formulas for Settlement Class Members on or prior to the Settlement Administrator within seven (7) days after the Preliminary Approval Date. Within 30 days after the Final Settlement Date, the Settlement Administrator shall calculate each Settlement Class Member’s distribution pursuant to the distribution methodology formulas and deliver to each Settlement Class Member (except Settlement Class Members who opt out of the Settlement) by U.S. mail, first-class postage prepaid, a settlement check or other mechanism of payment in the amount of the share of the Net Settlement Fund to which the Settlement Class Member is entitled pursuant to the Distribution Plandistribution formulas approved by the Court. Settlement payments checks will be automatically delivered mailed without any proof of claim or further action on the part of the Settlement Class Members. 2.42.5. Checks shall remain negotiable for 180 days from the date of mailing. Checks not cashed during this time will be canceledcancelled, and amounts of canceled cancelled checks will be sent to the unclaimed property division of the state in which each such Settlement Class Member was last sent Class Notice or distributed as otherwise ordered by the CourtNotice. Checks shall be re-issued by the Settlement Administrator if such requests are received from Settlement Class Members before the transfer to the unclaimed property divisions has occurred. Defendants Defendant shall have no obligations or responsibility relating to the redistribution or reissuance of any canceled checks or the transmission of any amounts of canceled checks. 2.52.6. The Parties agree that if the Court finds that the Distribution Plan distribution formulae submitted by Class Counsel is not fair and reasonable, and refuses to approve the Settlement on that basis, Class Counsel may, the Parties will negotiate in consultation with Defendants, modify good faith a modification of the Distribution Plan Settlement to resolve the issue to the satisfaction of the Court, and any such modification shall not constitute an amendment or modification of this Agreement. In no event will any modification to the Distribution Plan change Defendants’ obligations under Paragraph 1.38 or any other provision of this Agreement.

Settlement Relief. 2.1. On 2.1 Defendant shall pay or within one (1) business day after cause to be paid into the Preliminary Approval Date, Class Counsel shall provide to Defendants written confirmation Escrow Account portions of all necessary information to complete the wire transfers of any funds due from Defendants pursuant to the Settlement Amount to pay for Settlement Administration Expenses, any court-awarded attorneys’ fees and expenses, and any court-awarded Service Award as those become due. Defendant shall pay or cause to be paid into the Escrow Account the remainder of the Settlement Fund Account. Within ten Amount within fourteen (1014) business days of the Preliminary Approval Effective Date, Defendants shall fund the Settlement Fund in full by wire transfer into the Settlement Fund Account. 2.2. The Net Settlement Fund shall be distributed to the 2.2 Settlement Class Members pursuant shall have until the Claims Deadline to the distribution formulas proposed by Class Counsel, subject to Court approval. Any such revision required to obtain Court approval shall not constitute an amendment or modification to the Agreement subject to Paragraph 11.13submit a claim. 2.3. Defendants shall provide the data necessary 2.3 All cash payments issued to apply the distribution formulas for Settlement Class Members via check will state on or prior to seven the face of the check that it will expire and become null and void unless cashed within one hundred and eighty (7180) days after the Preliminary Approval Datedate of issuance. Within 30 To the extent that any checks issued to a Settlement Class Member are not cashed within one-hundred eighty (180) days after the Final date of issuance, such uncashed check funds shall be redistributed on a pro rata basis (after first deducting any necessary Settlement Date, the Settlement Administrator shall calculate each Administration Expenses from such uncashed check funds) to all Settlement Class Member’s distribution pursuant Members who cashed checks or received electronic payments during the initial distribution, but only to the distribution methodology and deliver to extent each Settlement Class Member by U.S. mail, first-class postage prepaid, a settlement check or other mechanism of payment would receive at least $5.00 in any such secondary distribution and if otherwise feasible. To the amount of the share of the Net Settlement Fund to which the extent each Settlement Class Member is entitled pursuant would receive less than $5.00 in any such secondary distribution, a secondary distribution would 2.4 Upon payment of the Settlement Fund into the Escrow Account, all risk of loss with respect to the Distribution Plancash portion of the Settlement shall pass to the Escrow Account, and any and all remaining interest or right of Defendant in or to the Escrow Account, if any, shall be extinguished. Settlement payments will be automatically delivered without any proof of claim or further action on the No part of the Settlement Class MembersFund shall revert to CBN. 2.4. Checks shall remain negotiable for 180 days from the date of mailing. Checks not cashed during this time will be canceled, and amounts of canceled checks will be sent 2.5 In addition to the unclaimed property division foregoing, within 45 days after the entry of Final Judgment, CBN will suspend operation of the state in which each such Settlement Class Member was last sent Class Notice Meta Pixel on any pages on its website that both include video content and have a URL that identifies the video content requested or distributed as otherwise ordered obtained, unless and until the same is authorized or permitted by law, and/or the VPPA is: (a) amended to expressly permit (and not prohibit) the Released Claims, (b) repealed, or (c) invalidated by a judicial decision on the use of website pixel technology by the CourtUnited States Supreme Court or the Fourth Circuit Court of Appeals. Checks Nothing about this provision prevents CBN from seeking to obtain VPPA-compliant consent in the future should it wish to reinstitute use of the Meta Pixel. Likewise, nothing herein shall be re-issued prohibit the use by CBN of the Meta Pixel where the disclosure of information does not identify specific video materials that a user has requested or obtained, or to engage in the use of other technology that does not violate the VPPA, or has been consented to by the Settlement Administrator if such requests are received from Settlement Class Members before the transfer to the unclaimed property divisions has occurred. Defendants shall have no obligations or responsibility relating to the redistribution or reissuance of any canceled checks or the transmission of any amounts of canceled checksuser. 2.5. The Parties agree that if the Court finds that the Distribution Plan submitted by Class Counsel is not fair and reasonable, and refuses to approve the Settlement on that basis, Class Counsel may, in consultation with Defendants, modify the Distribution Plan to resolve the issue to the satisfaction of the Court, and any such modification shall not constitute an amendment or modification of this Agreement. In no event will any modification to the Distribution Plan change Defendants’ obligations under Paragraph 1.38 or any other provision of this Agreement.