THE CLAIMS ADMINISTRATOR Sample Clauses

THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims 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 Claims Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Counsel, or either of them, at their own cost, shall receive a complete copy of the Claims Administrator's records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the class list, it shall be subject to the protective order issued in this case and shall not be used for any purposes other than the implementation of this Agreement. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) Claims Administrator shall provide the data in its claims administration database to Defendants’ Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement. (f) Within one hundred ninety (190) days after the Effective Date or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed...

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THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.

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THE CLAIMS ADMINISTRATOR. The Claims Administrator shall send the Long Form Notice of Certification and Settlement Approval Hearing to those persons and entities who have previously contacted Class Counsel or it for the purposes of receiving notice of developments in the Actions. In addition, the Claims Administrator shall make a toll-free number and email address available to the public that will enable Class Members to contact it in order that they may, amongst other things: (a) opt-out of the Actions in accordance with the Opt-Out Procedure set out in the Settlement Agreement; (b) obtain more information about the Settlement and/or how to object to it; and/or (c) request that a copy of the Settlement Agreement be sent to them.

THE CLAIMS ADMINISTRATOR. The Claims Administrator shall send the Long Form Notice of Settlement and the Claim Form to those persons that have contacted it as of the publication date regarding the Actions and have provided it with their contact information. The Claims Administrator shall make a toll-free number and email address available to the public that will enable Class Members to obtain more information about the Settlement, the claims process, and to request that a copy of the Settlement Agreement, the Long Form Notice of Settlement and the Claim Form be sent to them, directly. The Claims Administrator will also post the Settlement Agreement and the Long-Form Notice of Settlement on its dedicated website.

THE CLAIMS ADMINISTRATOR appointed third-party Claims Administrator will serve to administer this 6 Settlement pursuant to the terms herein. The Claims Administrator will administer the 7 settlement by performing address verification for the Class Members, distributing the Class 8 Notice and Reminder Postcards, if necessary, performing skip traces, receiving and recording 9 completed Settlement Opt-Outs, adjudicating Class Members’ disputes over wages earned 10 during the Class Period in the relevant positions as an hourly and/or non-exempt 11 merchandiser, providing Class Counsel and counsel for Defendant with weekly updates on 12 the status of Opt-Outs, and handling any potential inquiries about the calculation of the

THE CLAIMS ADMINISTRATOR. (i) Appointment of the Claims Administrator After the Registration/Voting Deadline and before the Effective Date, Dow Corning, Certain Australian Counsel, and/or any member of the Voluntary Australian Subclass will nominate a panel of candidates for the position of Claims Administrator, from which the Trustee shall appoint one Claims Administrator. The Claims Administrator shall be subject to removal by the Trustee or the Supreme Court of Victoria, for cause, and shall be replaced if necessary by the Trustee. The Claims Administrator (or his or her successor or replacement) shall be (A) if an individual, a person over the age of thirty-five (35) whose experience and background are appropriate for the responsibilities hereunder, and (B) if an individual or an entity, at the time of appointment and at all times during the term of service, independent. For purposes of this Settlement Option and the Dow Corning/Australia Settlement Trust, a person is not independent if such person has any of the characteristics or relationships with Dow Corning or any of the other Released Parties, Certain Australian Counsel, Certain Australian Claimants or other members of the Voluntary Australian Subclass as are set forth in Article IV, Subparagraph 4.02(c) of the Settlement Facility Agreement as characteristics or relationships that would prevent a candidate thereunder from being considered “independent.” (ii) Duties of the Claims Administrator Under the ongoing supervision and authority of the Trustee and in accordance with the terms herein, including the provisions and procedures set forth in the Claims Administration Procedures, the Claims Administrator shall: (a) administer the Settlement Amount; (b) prior to approving any claim, provide to Dow Corning the Settling Australian Claimants’ properly completed and executed Release and Indemnification of Dow Corning and the Released Parties; (c) establish an office or offices in Australia; (d) appoint Claims Officers pursuant to Paragraph 9.2 below; (e) prepare and submit to the Trustee for approval budgets for the organization and operation of the Claims Administration Procedures; (f) cooperate fully with any independent auditor appointed by the Trustee; and (g) establish confidentiality procedures to ensure the confidentiality of all information concerning the members of the Voluntary Australian Subclass and any information about claimants, provided by Dow Corning, the U.S. Bankruptcy Court, except as specifically provided ...

THE CLAIMS ADMINISTRATOR. The Claims Administrator shall have the authority to determine whether a Claim Form is valid, timely, and complete.

THE CLAIMS ADMINISTRATOR or such other claims administrator as may be mutually agreeable to the Parties, who will perform the duties of, among other things: (i) mailing the Notice Forms to Class Members; (ii) tracking returned Opt-Out Letters and objections; (iii) notifying the Parties with regard to Opt-Out Letters, objections, and proposed payments consistent with this Agreement; (iv) issuing Claim Checks and tracking un-cashed checks; (v) canceling expired Claim Checks; and (iv) issuing any required tax paperwork.

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