Common use of Short Notice Clause in Contracts

Short Notice. Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the postal address provided when the Settlement Class Members conducted transactions with Xxxxx Mart. Before any mailing under this Paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Administrator shall re- send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out and Objection Deadline, a Summary Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Short Notice. Within thirty forty-five (3045) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than forty-five sixty (4560) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class members as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail Via postcard to the postal address provided when to Syracuse and/or the Related Parties by the Settlement Class Members conducted transactions with Xxxxx MartMembers. Before any mailing under this Paragraph paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) USPS National Change of Address database to update any change of address on file with the USPS; USPS within thirty (30) days of entry of the Preliminary Approval Order. in In the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Claims Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Short Notice; . in In the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DeadlineDate, a Summary Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing. • The date of the first-mailing of the Short Notice shall be deemed the “notice commencement date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) 30 days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order“Notice Date”), and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Claims Settlement Administrator will shall begin to provide notice to the Settlement Class as followsthrough the following means: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via U.S. mail to the Class Member’s postal address that Defendant provided when to the Settlement Class Members conducted transactions with Xxxxx MartAdministrator. Before any mailing under this Paragraph paragraph occurs, the Claims Settlement Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Settlement Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) days of receiving if the Short Notice is returned Summary Noticeas undeliverable; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and Objection DeadlineDate, a Summary Short Notice is returned to the Claims Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Settlement Administrator shall perform a standard skip trace, in the manner that the Claims Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Settlement Administrator will re-send the Class Short Notice within seven (7) 7 days of receiving such information. This shall be the final requirement for mailing. • for each Class Members who did not receive a mailed notice, the Settlement Administrator may, if deemed necessary, send notice to each or any Class member via email to any email address Defendant provided to the Settlement Administrator (if available).

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class as follows: • via email to the email addresses provided to Xxxxx Mart when the WSU by Settlement Class Members conducted transactions with Xxxxx MartMembers; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the postal address provided when to WSU by the Settlement Class Members conducted transactions with Xxxxx MartMembers. Before any mailing under this Paragraph paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Administrator shall re- send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out and Objection Deadline, a Summary Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Amended Settlement Agreement

Short Notice. Within thirty (30) days after the entry of the Preliminary Approval Order (“Notice Commencement Date”) and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Martin Defendants’ possession; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the postal address provided when the Settlement Class Members conducted transactions with Xxxxx Martin Defendants’ possession. Before any mailing under this Paragraph paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Short Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and Objection DeadlineDate, a Summary Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide commence providing notice to the Settlement Class members, using the appropriate form of Short Notice for members of the Settlement Class and Settlement Subclass, as follows: • via email electronic mail, in the first instance, to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions for whom DCA provides e-mail addresses. In the event any e-mail to a Settlement Class Member is bounced back or otherwise undeliverable, the postal address for such Settlement Class Member shall be used for notice, with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email such mailing being postmarked within fourteen (14) days of receipt of notice by the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is that the e-mail was not available, delivered; • via direct mail to the postal address provided when the Settlement Class Members conducted transactions with Xxxxx Martby DCA. Before any mailing under this Paragraph paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Claims Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Short Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out and Objection Deadline, Notice a Summary Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) 60 days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Claims Settlement Administrator will shall begin to provide notice Notice to the Class through any one of the following means: • via Class member email to any email address Defendants provided to the Settlement Class as followsAdministrator; • in the event that an email bounces or the email is otherwise undeliverable: • via approximately 24 to 72 hours after attempting to send the first email notice (to allow any temporary block at the ISP level to expire), the Settlement Administrator will send a second round of email notices to any email addresses provided deemed not to Xxxxx Mart when have received the first email notice due to a bounce or other undeliverable notice; • after the second email notice, the Settlement Administrator will conduct an email change of address search for any email address deemed not to have received either the first or second email notice. The Settlement Administrator will then send an email notice to any email address updated via this process. • in the event that the foregoing methods fail to result in a successful email send, the Settlement Administrator shall then send notice to that the Class Members conducted transactions with Xxxxx MartMember via postal address as described below if such postal address is available; • should any Short Notice be determined to be undeliverable via for each Class Member who did not receive an email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not availablenotice, via mail to the Class Member’s postal address that Defendants provided when to the Settlement Class Members conducted transactions with Xxxxx MartAdministrator. Before any mailing under this Paragraph paragraph occurs, the Claims Settlement Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Settlement Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Settlement Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) days of receiving if the Short Notice is returned Summary Noticeas undeliverable; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and Objection DeadlineDate, a Summary Short Notice is returned to the Claims Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Settlement Administrator shall perform a standard skip trace, in the manner that the Claims Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the Class Member’s current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Settlement Administrator will re-send the Class Short Notice within seven (7) 7 days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Settlement Agreement

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Short Notice. Within thirty (30) days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Stein Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail to the postal address provided when the Settlement Class Members conducted transactions with Xxxxx Mart. Before any mailing under this Paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, and the envelope contains a forwarding address, the Claims Administrator shall re- send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out and Objection Deadline, a Summary Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) 60 days after the entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Settlement Agreement and the Preliminary Approval Order, the Claims Settlement Administrator will provide notice Notice to the Settlement Class as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via mail Via postcard to the postal address that Defendant provided when to the Settlement Class Members conducted transactions with Xxxxx MartAdministrator. Before any mailing under this Paragraph paragraph occurs, the Claims Settlement Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) USPS National Change of Address database to update any change of address on file with the USPS; • in the event that a Short Notice is returned to the Claims Settlement Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Claims Settlement Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) 7 days of receiving the returned Summary Short Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) 14 days prior to the Opt-Out Date and the Objection DeadlineDate, a Summary Short Notice is returned to the Claims Settlement Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Settlement Administrator shall perform a standard skip trace, in the manner that the Claims Settlement Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Settlement Administrator will re-send the Class Short Notice within seven (7) 7 days of receiving such information. This shall be the final requirement for mailing. • The date of the first mailing of the Short Notice shall be deemed the “Notice Date” for purposes of calculating the opt-out and objection deadlines, and all other deadlines that flow from the notice commencement date.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class members as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via first-class mail to the postal address provided when to Startek and/or the Released Entities by the Settlement Class Members conducted transactions with Xxxxx MartMembers. Before any mailing under this Paragraph paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Claims Administrator shall re- re-send the Short Notice to the forwarding address via first-class mail within seven (7) days of receiving the returned Summary Short Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DeadlineDate, a Summary Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Short Notice via first-class mail within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Settlement Agreement

Short Notice. Within thirty (30) days after the of entry of the Preliminary Approval Order and to be substantially completed not later than forty-five (45) days after entry of the Preliminary Approval Order, and subject to the requirements of this Agreement and the Preliminary Approval Order, the Claims Administrator will provide notice to the Settlement Class members as follows: • via email to the email addresses provided to Xxxxx Mart when the Settlement Class Members conducted transactions with Xxxxx Mart; • should any Short Notice be determined to be undeliverable via email (the Claims Administrator will track delivered and undelivered emails) or, in circumstances where a working email address is not available, via direct mail to the postal address provided when to TUCC and/or the Released Entities by the Settlement Class Members conducted transactions with Xxxxx MartMembers. Before any mailing under this Paragraph paragraph occurs, the Claims Administrator shall run the postal addresses of Settlement Class Members through the United States Postal Service (“USPS”) National Change of Address database to update any change of address on file with the USPSUSPS within thirty (30) days of entry of the Preliminary Approval Order; • in the event that a Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer not valid, and the envelope contains a forwarding address, the Claims Administrator shall re- re-send the Short Notice to the forwarding address within seven (7) days of receiving the returned Summary Short Notice; • in the event that subsequent to the first mailing of a Short Notice, and at least fourteen (14) days prior to the Opt-Out Date and the Objection DeadlineDate, a Summary Short Notice is returned to the Claims Administrator by the USPS because the address of the recipient is no longer valid, i.e., the envelope is marked “Return to Sender” and does not contain a new forwarding address, the Claims Administrator shall perform a standard skip trace, in the manner that the Claims Administrator customarily performs skip traces, in an effort to attempt to ascertain the current address of the particular Settlement Class Member in question and, if such an address is ascertained, the Claims Administrator will re-send the Class Short Notice within seven (7) days of receiving such information. This shall be the final requirement for mailing.

Appears in 1 contract

Samples: Settlement Agreement

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