Common use of Special Master Clause in Contracts

Special Master. As provided in section 5.02(a)(3) of this Agreement, a Special Master shall be appointed to assist the District Court in the administration of Opt Out litigation. The initial Special Master shall be ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. The Special Master shall make reasonable recommendations which shall ensure that the Litigation Fund is sufficient to resolve all of the Litigation Facility Obligations, the costs of defense, and the costs of administering the Litigation Facility. The Special Master shall be responsible for implementing the Case Management Orders so as to achieve these goals. The Special Master shall be replaced for cause upon motion by the Manager, the Debtor or any party to the Opt Out Claims. In the event that the Special Master is replaced, resigns or is otherwise unable to fulfill his responsibilities, the District Court shall develop procedures for the selection of a new Special Master and shall thereafter designate a new Special Master. The compensation of the Special Master shall be set by the District Court and paid by the Claims Administrator from the Litigation Fund. The Special Master (with District Court approval) will review and, applying customary standards of reasonableness, approve all requests for payment of defense costs or the Manager’s budget relating to the administrative costs, including defense costs, of the Litigation Facility. In determining whether or to what extent to approve such costs or such budgets, the Special Master shall provide reasonable assurances that the total costs over the life of the Litigation Facility bear a reasonable relationship to the aggregate Litigation Fund and the preservation of that fund for paying Opt-Out Claims. The Special Master, in reviewing requests for payment of costs, may, upon application, pay an enhanced fee if justified in the Special Masters’ sole discretion on the basis of the efficient, expeditious, and economical resolution of cases without the necessity of litigation, or may pay a lower fee if the Special Master believes that the Litigation Facility or the lawyers have failed to expeditiously, efficiently and economically resolve claims without resort to litigation.