Common use of Claim Form Review and Processing Clause in Contracts

Claim Form Review and Processing. a) Class Members may submit a Claim Form to the Claims Administrator up to the Claims Filing Deadline. Class Members shall be eligible for the relief provided in the Settlement Agreement, provided Class Members complete and submit the Claim Form to the Claims Administrator by the Claims Filing Deadline. b) The Claims Administrator shall complete the claim review process within the time period specified in the Settlement Agreement. c) The Claims Administrator shall gather and review the Claim Forms received pursuant to the Settlement Agreement and pay valid claims. i. The Claims Administrator shall examine the Claim Form before determining that the information on the Claim Form is reasonably complete and contains sufficient information to enable the mailing of the Settlement Benefits to the Class Member. ii. No Class Member may submit more than one Claim Form. The Claims Administrator shall identify any Claim Forms that appear to seek relief on behalf of the same Class Members (“Duplicative Claim Forms”). The Claims Administrator shall determine whether there is any duplication of Claims Forms, if necessary by contacting Claimants. The Claims Administrator shall designate any such Duplicative Claim Forms as invalid to the extent that they make the same claim(s) on behalf of the same Class Member. iii. The Claims Administrator shall exercise, in its discretion, all usual and customary steps to prevent fraud and abuse, and take any reasonable steps to prevent fraud and abuse in the claims process. The Claims Administrator may, in its discretion, deny in whole or in part any Claim Form to prevent fraud or abuse. iv. By agreement of the Parties expressed through their counsel, the Parties may instruct the Claims Administrator to take whatever steps they deem appropriate to preserve the Settlement Fund in order to further the purpose of the Settlement Agreement if the Claims Administrator identifies actual or possible fraud or abuse relating to the submission of Claim Forms, including, but not limited to, denying in whole or in part any Claim Form submitted after the Claims Filing Deadline. d) The Claims Administrator shall provide monthly reports to Defence and Class Counsel regarding the implementation of the Settlement Agreement and this Protocol. e) If a Claim Form cannot be processed without additional information, the Claims Administrator shall promptly notify the Parties through their counsel and mail a letter that advises the Claimant of the additional information and/or documentation needed to validate the Claim Form. The Claimant shall have fourteen (14) days from the date of the postmarked letter sent by the Claims Administrator to respond to the request from the Claims Administrator and the Claimant shall be so advised. i. In the event the Claimant timely provides the requested information, the Claim Form shall be deemed validated and shall be processed for payment. ii. In the event the Claimant does not timely provide the information, the Claim Form may be denied or the claim reduced to the amount of Settlement Benefits supported by the documentation without further communication with the Claimant. f) A Claimant shall be provided with only one opportunity to cure a deficiency. g) If a Claim Form is denied or the claim reduced because the Claims Administrator determined that the additional information and/or documentation was not sufficient to substantiate the Claim Form, the Claims Administrator shall provide a report to Defence and Class Counsel who shall meet and confer in an attempt to resolve these Claims Forms. If Class Counsel reasonably recommends payment of the Settlement Benefits claimed or payment of a reduced amount of Settlement Benefits, and if the Defendant agrees, then the Claims Administrator shall be instructed to pay those benefits. h) If Class and Defence Counsel are unable to resolve a disputed Claim Form under paragraph g) above, they shall submit this dispute for decision to the Quebec Court. i) The Claims Administrator shall provide all information gathered in investigating Claim Forms, including, but not limited to, copies of all correspondence and e-mail and all notes of the Claims Administrator, the decision reached, and all reasons supporting the decision, if requested by Class or Defence Counsel.

Claim Form Review and Processing. (a) Settlement Class Members may timely submit a Claim Form to the Claims Administrator up to the Claims Filing Deadline. Settlement Class Members shall be eligible for the relief provided in the Settlement Agreement, provided Settlement Class Members complete and timely postmark or submit the online a valid Claim Form to the Claims Administrator by the Claims Filing Deadline. (b) The Claims Administrator shall complete the claim review process within the time period specified in the Settlement Agreement. c) The Claims Administrator shall gather and review the Claim Forms received pursuant to the Settlement Agreement Agreement, and pay fulfill valid claimsClaims. i. (i) Settlement Class Members who submit a timely and valid Claim Form shall be designated as Authorized Claimants. The Claims Administrator shall examine the Claim Form before determining designating the Settlement Class Member as an Authorized Claimant to determine that the information on the Claim Form is reasonably complete and contains sufficient information to enable the mailing of the Settlement Benefits settlement payment to the Settlement Class Member. (ii. ) No Class Member may is required to submit more than one Claim Form. If an Authorized Claimant has more than one Qualifying Account, the Authorized Claimant shall receive the applicable Cash Award for each of his or her Qualifying Accounts without the need to submit a separate Claim Form for each Qualifying Account. The Claims Administrator shall identify any Claim Forms that appear to seek relief on behalf of the same Class Members Qualifying Account (“Duplicative Claim Forms”). The Claims Administrator shall determine whether there is any duplication of Claims FormsClaims, if necessary by contacting Claimantsthe claimant(s) or their counsel. The Claims Administrator shall designate any such Duplicative Claim Forms Claims as invalid claims to the extent that they make allege the same claim(s) damages or allege damages on behalf of the same Settlement Class Member. (iii. ) The Claims Administrator shall exercise, in its discretion, all usual and customary steps to prevent fraud and abuse, abuse and take any reasonable steps to prevent fraud and abuse in the claims claim process. The Claims Administrator may, in its discretion, deny in whole or in part any Claim Form claim to prevent actual or possible fraud or abuse. (iv. ) By agreement of the Parties expressed through their counselParties, the Parties may can instruct the Claims Administrator to take whatever steps they deem appropriate to preserve the $3,125,000 minimum guaranteed payout under the Settlement Fund in order to Settlement Class Members to further the purpose purposes of the Settlement Agreement if the Claims Settlement Administrator identifies actual or possible fraud or abuse relating to the submission of Claim FormsClaims, including, but not limited to, denying in whole or in part any Claim Form to prevent actual or possible fraud or abuse. (v) The Claims Administrator shall, in its discretion, following consultation and agreement with counsel, reasonable agreement not to be withheld, decide whether to accept Claim Forms submitted after the Claims Filing Deadline. d(c) The Claims Administrator shall provide monthly periodic reports to Defence Class Counsel and Class Defendant’s Counsel regarding the implementation of the Settlement Agreement and this Protocol. e(d) If a Claim Form cannot be processed without additional information, the Claims Administrator shall promptly notify the Parties through their counsel and mail a letter send written communication that advises the Claimant claimant of the additional information and/or documentation needed to validate the Claim Formclaim. The Claimant claimant shall have fourteen twenty-eight (1428) days from the date of the postmarked letter sent by the Claims Administrator to respond to the request from the Claims Administrator and the Claimant claimant shall be so advised. i. (i) In the event the Claimant claimant timely provides the requested information, the Claim Form shall be deemed validated and shall be processed for payment. (ii. ) In the event the Claimant claimant does not timely provide the information, the Claim Form may be denied or the claim reduced to the claim amount of Settlement Benefits reasonably supported by the documentation without further communication with the Claimantclaimant. f) A Claimant shall be provided with only one opportunity to cure a deficiency. g(iii) If a Claim Form is denied or the claim reduced because the Claims Administrator determined that the additional information and/or documentation was not sufficient to substantiate prove the Claim FormClaim, the Claims Administrator shall provide a report to Defence Class Counsel and Class Defendant’s Counsel who shall meet and confer in an attempt to resolve these Claims FormsClaims. If Class Counsel reasonably recommends payment of the Settlement Benefits claimed or payment of a reduced amount of Settlement Benefits, Claim and if the Defendant agreesagrees (and Defendant’s agreement shall not be unreasonably withheld), then the Claims Administrator shall be instructed to pay those benefitsClaims. h) If Class and Defence Counsel are unable to resolve a disputed Claim Form under paragraph g) above, they shall submit this dispute for decision to the Quebec Court. i(iv) The Claims Administrator shall provide all information gathered in investigating Claim FormsClaims, including, but not limited to, copies of all correspondence and e-mail email and all notes of the Claims Settlement Administrator, the decision reached, and all reasons supporting the decision, if requested by Class Counsel or Defence Defendant’s Counsel. (e) Settlement checks will be sent to qualified Settlement Class Members by the Claims Administrator via U.S. mail no later than twenty-five (25) calendar days after the Funding Date. If any settlement checks are returned, the Claims Administrator will attempt to obtain a new mailing address for that Settlement Class Member by taking the steps described in Section 8.02 of the Settlement Agreement. If, after a second mailing, the settlement check is again returned, no further efforts need be taken by the Claims Administrator to resend the check. The Claims Administrator will advise Class Counsel and Defendant’s Counsel of the names of the Settlement Class Members whose checks are returned by the postal service as soon as practicable. Each settlement check will be negotiable for ninety

Claim Form Review and Processing. (a) The Class Members may submit a Claim Form to the Claims Action Settlement Administrator up to the Claims Filing Deadline. Class Members shall be eligible for the relief provided in the Settlement Agreement, provided Class Members complete and submit begin the Claim Form to the Claims Administrator by the Claims Filing Deadline. b) The Claims Administrator shall complete the claim review process Process so that it is completed within the time period specified in the Settlement Agreement. Except as provided in Paragraph 3(b)(iii) (below), Class Members must submit their Claims so that they are postmarked or submitted online no later than the end of the Claim Period. c(b) The Claims Class Action Settlement Administrator shall gather gather, review, prepare, and review address the Claim Forms received pursuant to the Settlement Agreement Claim Process and pay valid claimsthe Agreement. i. (i) Claims that have been properly submitted shall be designated as Approved Claims. The Claims Class Action Settlement Administrator shall examine the Claim Form before determining designating the Claim as an Approved Claim, to determine that the information on the Claim Form is reasonably complete. In determining whether a Claim Form is reasonably complete, the Class Action Settlement Administrator shall consider what an ordinary person would be able to complete on the Claim Form, and contains shall readily deem a Claim as an Approved Claim provided a sufficient amount of money is available in the Escrowed Funds to pay all properly completed Claim Forms and all fees and costs that are permitted to be deducted from the Escrowed Funds pursuant to Section III.A.2 of the Agreement and sufficient information is provided on the Claim Form to enable the mailing of the Settlement Benefits settlement payment to the Class MemberClaimant. (ii. ) No Class Member Claimant may submit more than one Claim FormForm for each pair of Toning Shoes owned by the Claimant, and two or more Claimants may not submit Claim Forms for all or part of the same purchase. The Claims Class Action Settlement Administrator shall identify any Claim Forms that appear to seek relief on behalf of the same Class Members Claimant (“Duplicative Claim Forms”). The Claims Class Action Settlement Administrator shall determine whether there is any duplication of Claims FormsClaims, if necessary by contacting Claimantsthe Claimant(s) or their counsel. The Claims Class Action Settlement Administrator shall designate any such Duplicative Claim Forms Claims as invalid rejected Claims to the extent that they make allege the same claim(s) damages or allege damages on behalf of the same Class MemberClaimant. (iii) The Class Action Settlement Administrator shall, in its discretion or pursuant to the joint instructions of the Parties, decide whether to accept Claim Forms submitted after the Claim Period. In deciding whether to accept a late-submitted Claim Form, the Class Action Settlement Administrator shall take into account whether enough money exists in the Escrowed Funds to pay all valid and timely submitted claims in full, including, but not limited to, any adjustments made pursuant to Section III.C in the Agreement, and the length of time the Claim Form was submitted after the close of the Claim Period, including, but not limited to, whether the late-submitted Claim would delay the distribution of the Escrowed Funds to Claimants and the reason(s) for the late submission of the Claim Form. Whenever reasonably possible, if a Claim Form is valid but untimely, it shall be paid provided the Escrowed Funds are sufficient to pay in full all valid and timely submitted Claims and applicable fees and costs. In the event the Class Action Settlement Administrator determines that the late-submitted Claim Form is materially incomplete, but may be cured by the Claimant, the Class Action Settlement Administrator shall contact the Claimant to cure any deficiency with the late-submitted Claim Form, if reasonably practical and if the Parties agree. (iv) The Claims Class Action Settlement Administrator shall exercise, in its discretion, all usual and customary steps to prevent fraud and abuse, abuse and take any reasonable steps to prevent fraud and abuse in the claims processClaim Process. The Claims Class Action Settlement Administrator may, in its discretion, deny in whole or in part any Claim Form to prevent actual or possible fraud or abuse. iv. (v) By agreement of the Parties expressed through their counselParties, the Parties may can instruct the Claims Class Action Settlement Administrator to take whatever steps they deem appropriate to preserve the Settlement Fund in order Escrowed Funds to further the purpose purposes of the Settlement Agreement if the Claims Class Action Settlement Administrator identifies actual or possible fraud or abuse relating to the submission of Claim FormsClaims, including, but not limited to, denying in whole or in part any Claim Form submitted after the Claims Filing Deadlineto prevent actual or possible fraud or abuse. d(c) The Claims Class Action Settlement Administrator shall provide monthly periodic reports to Defence Class Counsel, New Balance’s Counsel, and Class Counsel a representative of the Commission regarding the implementation of the Settlement Agreement and this Protocol. To the extent a review of individual Claim Forms is needed, such review should be limited to Class Counsel and a representative of the Commission. e(i) For those claims where the amount sought by the Class Member exceeds $200.00, the Class Action Settlement Administrator may review timely submitted Claim Forms and approve or contest any of the Claims, including, but not limited to, requesting that the Class Member submit a receipt demonstrating purchase of the Toning Shoes during the Class Period. Failure to timely or fully respond to a deficiency letter from the Class Action Settlement Administrator may result in a reduction or denial of the Class Member’s Claim, unless New Balance, Class Counsel, and a representative of the Commission otherwise agree. (ii) Upon agreement of the Parties, if the total amount of Claims submitted by all Class Members exceeds the available relief as specified in Sections III.A.2 and III.C of the Agreement and/or Section 4(d) of the Protocol, then the Class Action Settlement Administrator may request proof of purchase for some or all of the Claims. (iii) If a Claim Form canis not contested, that Claim shall be processed without additional informationfor payment by the Class Action Settlement Administrator. If a Claim Form is contested, including but not limited to, requesting supporting documentation, the Claims Class Action Settlement Administrator shall promptly notify the Parties through their counsel and mail a letter that advises the Claimant of the reason(s) why the Claim Form was contested and request, if applicable, any and all additional information and/or documentation, to validate the Claim and have it submitted for payment. The additional information and/or documentation needed to validate can include, for example, receipts evidencing purchase of the Claim FormToning Shoes and/or the payment amount. The Claimant shall have fourteen thirty-five (1435) days from the date of the postmarked letter sent by the Claims Class Action Settlement Administrator to respond to the request from the Claims Class Action Settlement Administrator and the Claimant shall be so advised. i. (A) In the event the Claimant timely provides the requested informationinformation and/or documentation, the Claim Form shall be deemed validated and shall be processed by the Class Action Settlement Administrator for payment. ii. (B) In the event the Claimant does not timely and completely provide the informationrequested information and/or documentation, the Class Action Settlement Administrator shall send the Claimant a letter stating that the Claim Form has been reduced or denied unless New Balance and Class Counsel otherwise agree. (d) The Class Action Settlement Administrator’s reduction or denial of a Claim pursuant to paragraph 3(c)(iii) above is final and may not be denied or the claim reduced to the amount of Settlement Benefits supported appealed by the documentation without further communication with the Claimant. f) A Claimant shall be provided with only one opportunity to cure , Class Counsel, New Balance, or New Balance’s Counsel. However, if a deficiency. g) If a Claimant’s Claim Form is reduced or denied or the claim reduced because the Claims Class Action Settlement Administrator determined that the additional information and/or documentation submitted to support Claimant’s Claim was not sufficient to substantiate prove up the Claim FormClaim, the Claims Class Action Settlement Administrator shall provide a report to Defence Class Counsel and Class New Balance’s Counsel who shall meet and confer in an attempt to resolve these Claims Formsdeficient Claims. If Class Counsel reasonably recommends payment of the Settlement Benefits claimed Claim or payment of a reduced claim amount of Settlement Benefits, and if the Defendant agreesNew Balance agrees (and New Balance’s agreement shall not be unreasonably withheld), then Class Counsel shall instruct the Claims Class Action Settlement Administrator shall be instructed to pay those benefitsClaims. Class Counsel may petition the Court in the event New Balance’s agreement is unreasonably withheld. h) If Class and Defence Counsel are unable to resolve a disputed Claim Form under paragraph g) above, they shall submit this dispute for decision to the Quebec Court. i(e) The Claims Class Action Settlement Administrator shall provide all information gathered in investigating Claim FormsClaims, including, but not limited to, copies of all correspondence and e-mail email and all notes of the Claims Class Action Settlement Administrator, the decision reached, and all reasons supporting the decision, if requested by Class Counsel or Defence CounselNew Balance.

Claim Form Review and Processing. (a) The Settlement Administrator shall begin the Claims process so that it is completed prior to the close of the Claim Period. Settlement Administrator shall begin accepting Claim Forms as they are submitted by Class Members for processing. (b) Claim Forms that do not meet the requirements set forth in the Settlement Agreement and in the Claim Form instructions shall be rejected. Where a good faith basis exists, the Settlement Administrator may reject a Class Member’s Claim Form for, among other reasons, the following: (i) Failure to provide adequate support of his or her claim pursuant to a request of the Settlement Administrator; (ii) The Class Member purchased products that are not covered by the terms of this Settlement; (iii) Failure to fully complete and/or sign the Claim Form; (iv) Illegible Claim Form; (v) The person submitting the Claim Form is not a Class Member; (vi) The Claim Form is fraudulent; (vii) The Claim Form is duplicative of another Claim Form; (viii) More than one Claim Form is submitted by persons who reside in the same household; (ix) The person submitting the Claim Form is requesting that funds be paid to a person or entity that is not the Class Member for whom the Claim Form is submitted; (x) Failure to submit a Claim Form to by the Claims Administrator up to the Claims Filing Deadline. Class Members shall be eligible for the relief provided in the Settlement Agreement, provided Class Members complete and submit end of the Claim Form to the Claims Administrator by the Claims Filing Deadline.Period; and/or b(xi) The Claims Administrator shall complete Claim Form otherwise does not meet the claim review process within the time period specified in requirements of the Settlement Agreement. (c) The Claims Settlement Administrator shall gather determine whether a Claim Form meets the requirements set forth in the Settlement Agreement. Each Claim Form shall be submitted to and review reviewed by the Settlement Administrator, who shall determine in accordance with the terms and conditions of the Settlement Agreement whether the Claim Form is valid. The Claim Form shall advise Class Members that the Settlement Administrator has the right to request verification of the purchase of Eligible Products, including, but not limited to, documentation demonstrating purchase of any and all of the Eligible Products during the Class Period. If the Class Member does not timely comply and/or is unable to timely produce documents to substantiate and/or verify the information on the Claim Form or the Claim is otherwise not approved, the Claim shall be disqualified. The Settlement Administrator shall have the authority to determine whether a Claim Form submitted by any Class Member is complete and timely. The Settlement Administrator shall use all reasonable efforts and means to identify and reject duplicate and/or fraudulent Claim Forms, including, without limitation, indexing the funds provided to Class Members. (d) The Claim Form will be deemed to have been submitted when it is actually received by the Settlement Administrator. (e) Class Counsel and Defense Counsel shall have the right to inspect the Claim Forms and supporting documentation received by the Settlement Administrator at any time upon reasonable notice. (f) The Settlement Administrator shall gather, review, prepare, and address the Claim Forms received pursuant to the Settlement Agreement and pay valid claimsas follows: (i) Claim Forms that have been properly submitted shall be designated as “Approved Forms. i. ” The Claims Settlement Administrator shall examine the Claim Form before determining that designating the information on the Claim Form is reasonably complete and contains sufficient information to enable the mailing of the Settlement Benefits to the Class Member. ii. No Class Member may submit more than one Claim Form. The Claims Administrator shall identify any Claim Forms that appear to seek relief on behalf of the same Class Members (“Duplicative Claim Forms”). The Claims Administrator shall determine whether there is any duplication of Claims Forms, if necessary by contacting Claimants. The Claims Administrator shall designate any such Duplicative Claim Forms as invalid to the extent that they make the same claim(s) on behalf of the same Class Member. iii. The Claims Administrator shall exercise, in its discretion, all usual and customary steps to prevent fraud and abuse, and take any reasonable steps to prevent fraud and abuse in the claims process. The Claims Administrator may, in its discretion, deny in whole or in part any Claim Form to prevent fraud or abuse. iv. By agreement of the Parties expressed through their counsel, the Parties may instruct the Claims Administrator to take whatever steps they deem appropriate to preserve the Settlement Fund in order to further the purpose of the Settlement Agreement if the Claims Administrator identifies actual or possible fraud or abuse relating to the submission of Claim Forms, including, but not limited to, denying in whole or in part any Claim Form submitted after the Claims Filing Deadline. d) The Claims Administrator shall provide monthly reports to Defence and Class Counsel regarding the implementation of the Settlement Agreement and this Protocol. e) If a Claim Form cannot be processed without additional information, the Claims Administrator shall promptly notify the Parties through their counsel and mail a letter that advises the Claimant of the additional information and/or documentation needed to validate the Claim Form. The Claimant shall have fourteen (14) days from the date of the postmarked letter sent by the Claims Administrator to respond to the request from the Claims Administrator and the Claimant shall be so advised. i. In the event the Claimant timely provides the requested information, the Claim Form shall be deemed validated and shall be processed for payment. ii. In the event the Claimant does not timely provide the information, the Claim Form may be denied or the claim reduced to the amount of Settlement Benefits supported by the documentation without further communication with the Claimant. f) A Claimant shall be provided with only one opportunity to cure a deficiency. g) If a Claim Form is denied or the claim reduced because the Claims Administrator determined that the additional information and/or documentation was not sufficient to substantiate the Claim an Approved Form, the Claims Administrator shall provide a report to Defence and Class Counsel who shall meet and confer in an attempt to resolve these Claims Forms. If Class Counsel reasonably recommends payment of the Settlement Benefits claimed or payment of a reduced amount of Settlement Benefits, and if the Defendant agrees, then the Claims Administrator shall be instructed to pay those benefits. h) If Class and Defence Counsel are unable to resolve a disputed Claim Form under paragraph g) above, they shall submit this dispute for decision to the Quebec Court. i) The Claims Administrator shall provide all information gathered in investigating Claim Forms, including, but not limited to, copies of all correspondence and e-mail and all notes of the Claims Administrator, the decision reached, and all reasons supporting the decision, if requested by Class or Defence Counsel.determine that the