THE SETTLEMENT ADMINISTRATOR. (a) The Settlement Administrator shall execute a retainer agreement that shall provide, among other things, that the Settlement Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Settlement Administrator by means of data security measures that meet the requirements of 12 CFR § 748, and appendices thereto, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court.
THE SETTLEMENT ADMINISTRATOR. KCC LLC (the “Settlement Administrator”) shall serve as the Settlement Administrator. The Settlement Administrator will administer the Notice, assist the Class Members in completing claim forms, receive the claim forms, provide a list of accepted and rejected claims and the total to be paid to each claimant to counsel for the Parties, and administer and make payment of valid claims to eligible Class Members. Upon request, the Settlement Administrator will provide copies of all claim forms to counsel for the Parties and will obtain information from, and provide information and documents to, claimants necessary for tax purposes. The Parties agree to cooperate in good faith regarding the resolution of any dispute over the validity or timeliness of any submitted claim forms. All reasonable fees and costs of the Settlement Administrator, including the costs associated with paying third parties to provide notice to the class, shall be paid out of the Settlement Fund.
THE SETTLEMENT ADMINISTRATOR. The Settlement Administrator shall have the authority to determine whether a Claim Form is valid, timely, and complete. To the extent the Settlement Administrator determines a claim is deficient for a reason other than late posting, within a reasonable amount of time, the Settlement Administrator shall notify the Claimant of the deficiencies and notify the Claimant that he or she shall have thirty (30) days to cure the deficiencies and re-submit the claim. No notification is required for late-posted claims. The Settlement Administrator shall exercise reasonable discretion to determine whether the Claimant has cured the deficient claim. If the Claimant fails to cure the deficiency, the claim shall stand as denied, and the Class Member shall be so notified if practicable.
THE SETTLEMENT ADMINISTRATOR. The Settlement Administrator shall have the 2 authority to determine whether a Claim Form is valid, timely, and complete, and to what extent a 3 Claim Form is electing to receive a Documented Loss Payment. To the extent the Settlement 5 of making such a determination, the Settlement Administrator shall notify the Claimant of the 6 deficiencies and that Claimant shall have thirty (30) days to cure the deficiencies and re-submit the
THE SETTLEMENT ADMINISTRATOR. (a) Xxxxxxxx Xxxxxx Consultants, LLC (“KCC”) shall serve as the Settlement Administrator. In the event that KCC is unwilling or unable to serve as the Settlement Administrator, the parties agree to work together to select a mutually agreeable Settlement Administrator. In the event the parties are unable to select a mutually agreeable Settlement Administrator, the Court shall select a Settlement Administrator.