5. Remittance and Accounting to the Commission.

5.1. ONE HUNDRED TWENTY (120) Days (120-Day Period) after the date of mailing of the last Restitution Check pursuant to Paragraph 3.3, the Settlement Claims Administrator shall remit and deliver as soon as practicable, a bank check to the Commission (in care of Special Agent Stephanie Amato, Consumer Services Division, 505 Van Ness Avenue, Second Floor, San Francisco, CA 94102) drawn on the Restitution Account and made payable to the Commission in an amount corresponding to the total sum of monies represented by the Restitution Checks that were undeliverable, canceled, or expired as of the last day of the 120-Day Period. These monies shall be deemed to escheat to the State of California, and the Commission shall deposit this remittance into the California State General Fund.

5.2. ONE HUNDRED TWENTY (120) Days (120-Day Period) after the date of mailing of the last Switching Fee Payment Check pursuant to Paragraph 4.3, the Settlement Claims Administrator shall remit and deliver as soon as practicable, a bank check to the Companies (in care of Ned Gershenson) drawn on the Switching Fee Payment Account and made payable to the Companies in an amount corresponding to the total sum of monies represented by the Switching Fee Payment Checks that were undeliverable, canceled, or expired as of the last day of the 120-Day Period.

5.3. Concurrent with its remittances described in Paragraphs 5.1 and 5.2, the Settlement Claims Administrator shall report to the Commission with a copy to the Respondents, the following data, which shall be made a part of the formal file:

· The account balances of the Restitution and/or the Switching Fee Payment Accounts both before and after the remittances to the Commission and/or the Companies;

· A listing as of the date of its report and by number and dollar amount, of each Restitution and Switching Fee Payment Checks

· Mailed;

· Deposited or cashed;

· Returned as undeliverable;

· Expired; and

· The total sum of the number and dollar amount of the Restitution and Switching Fee Payment Checks in each of the above stated categories;

· The total amount of money remitted to the Commission and to the Companies.