Common use of Award Payment Clause in Contracts

Award Payment. (A) The dollar amount of each individual Program Participant’s settlement award will be determined after all Claim Packages have been reviewed (each a “Preliminary Award”), and, as necessary, again after all appeals permitted by Section 5.03(F) are resolved as to all awards, and, in the event the Pre-Cap Total exceeds the Cap, after all awards have been adjusted accordingly (each a “Final Award”). (B) After determining the Preliminary Awards, the Claims Administrator will send notice containing the amount of the Preliminary Awards (the “Preliminary Award Notice”) to BHCP’s counsel and counsel for the respective individual Program Participants who submitted the Claim Package. In the event that any individual Program Participant has submitted their Claim Package pro se, the notice shall be sent directly to the individual Program Participant. (C) A Preliminary Award may be subject to appeal solely in accordance with the terms of Section 5.03(F) below and any Preliminary Award that is not timely appealed shall become final, subject to adjustment in the event the Pre-Cap Total exceeds the Cap. (D) After all Final Awards have been determined, the Claims Administrator will send notice containing the amount of the Final Awards (the “Final Award Notice”) to BHCP’s counsel and the respective individual Program Participants or their counsel, if any. (E) Final Award payments will be issued from the Qualified Settlement Fund after the resolution of any and all appeals and subject to the terms of Article VIII below and after the Claims Administrator has directed the QSF Administrator to make such payments.