Claim Process. You will notify Dole in writing of any claim by the Internal Revenue Service that, if successful, would require the payment by Dole of an additional Gross-Up Payment. The notification will be given as soon as practicable but in no event later than 10 business days after you are informed in writing of such claim, and will apprise Dole of the basis for the IRS’s claim and the dates by which such claim is required to be paid or a protest or appeal filed. You will not pay such claim prior to the 31st day after the date on which you give such notice to Dole (or such shorter period ending on the date that any payment of taxes with respect to such claim is due). If Dole notifies you in writing prior to the expiration of such period that it desires to contest such claim, you will: • give Dole any information reasonably requested by Dole relating to such claim; • take such action in connection with contesting such claim as Dole will reasonably request in writing from time to time, including, without limitation, accepting legal representation with respect to such claim by an attorney reasonably selected by Dole; • cooperate with Dole in good faith in order effectively to contest such claim; and • permit Dole to participate in any proceedings relating to such claim; provided, however, that Dole will bear and pay directly all costs and expenses (including additional interest and penalties) incurred in connection with such contest and will indemnify and hold you harmless, on an after-tax basis, for any Excise Tax or income tax (including interest and penalties with respect thereto) imposed as a result of such representation and payment of costs and expenses. Dole will control all proceedings taken in connection with such contest and, at its sole option, may pursue or forgo any and all administrative appeals, proceedings, hearings and conferences with the taxing authority in respect of such claim and may, at its sole option, either direct you to pay the tax claimed and xxx for a refund or contest the claim in any permissible manner, and you agree to prosecute such contest to a determination before any administrative tribunal, in a court of initial jurisdiction and in one or more appellate courts, as Dole will determine; provided, however, that if we direct you to pay such claim and xxx for a refund, Dole will advance the amount of such payment to you, on an interest-free basis and will indemnify and hold you harmless, on an after-tax basis, from any Excise Tax or income...
Claim Process. After reasonable efforts have been ex- hausted to collect on a delinquent debt, the Participating Lender may demand in writing that DOT OSDBU honor its loan guarantee, provided however that the maximum liability of DOT OSDBU shall not at any time exceed the guar- anteed amount. The borrower must be in default for no less than thirty (30) days, and the Participating Lender must have made written demand for payment from the borrower, in accord- ance with the guarantee agreement.
Claim Process. Any claim made under this Section 16 will be addressed based on negotiated settlement between Tesla and Supplier. Supplier is responsible for disassembling Inventory Liability Items in Finished Goods Inventory down to a usable level and otherwise making all efforts to mitigate the cost to Tesla in any such claim. Any claim shall be supported by reasonable evidence including a detailed listing of the relevant Inventory Liability Items by part number and quantity; documentary evidence that the quantity was manufactured to meet a Target Inventory required for that Inventory Liability Items and was not subsequently purchased by Tesla; and a detailed description of Supplier’s efforts to mitigate the costs to Tesla. Supplier’s claim will be based solely on costs incurred as a result of Tesla’s actions or obsolescence. No profit or opportunity costs shall be considered in calculating such claims. Tesla reserves the right to physically audit the inventory levels identified in the claim. Such audit shall be conducted in accordance with Section 19(e) (Financial Statements and Right to Audit).
Claim Process. In order to seek indemnification under this Section 8, (and in addition to the procedures in connection with a Third Party Claim), the Indemnified Party shall deliver a written demand (a “Claim Notice”) to the Indemnifying Party which contains (a) a description and the amount of any Damages incurred or reasonably expected to be incurred by the Indemnified Party, to the extent known, (b) a statement that the Indemnified Party is entitled to indemnification under Section 8 for such Damages and a reasonable explanation of the basis therefor, and (c) a demand for payment in the amount of such Damages. Within twenty (20) days after delivery of a Claim Notice, the Indemnifying Party shall deliver to the Indemnified Party a written response (the “Response”); provided that failure by the Indemnifying Party to deliver a Response within twenty (20) days after the delivery of a Claim Notice shall be deemed an acceptance by the Indemnifying Party of the claim contained in said Claim Notice. If the Indemnifying Party in such Response contests the payment of all or part of the Damages claimed in the Claim Notice, the Indemnifying Securityholder and the Indemnified Party shall use good-faith efforts to resolve such dispute. If such dispute is not resolved within thirty (30) days following the delivery by the Indemnifying Party of such response, the Indemnifying Party and the Indemnified Party shall each have the right to submit such dispute to a court of competent jurisdiction in accordance with the provisions of Sections 9.12, 9.13 and 9.14.
Claim Process. Settlement Class Members may elect to receive a Cash Benefit for each qualifying mattress order placed on Defendant’s website by submitting a valid Claim Form to the Settlement Administrator via a web form on the Settlement Website during the Claim Period. Settlement Class Members may, at their option, submit a paper Claim Form which will be accepted upon receipt as valid by the Settlement Administrator if the claim is otherwise valid and timely. Settlement Class Members who do not submit a Claim Form electing to receive payment in the form of a Cash Benefit shall automatically receive a Credit Voucher for each qualifying mattress order placed on Defendant’s website without the need to file a Claim or take any other affirmative step. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB The Settlement Administrator shall have the right to audit Claims, and the Settlement Administrator may request additional information from Settlement Class Members submitting Claims. If any Settlement Class Member submits a Claim Form and elects to receive a Cash Benefit but fails to follow the instructions included on the Claim Form, the Cash Benefit election shall be denied, and such Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s website. The Settlement Administrator shall maintain records of all Claim Forms until ninety (90) days after all valid Claims have been finally resolved and the Settlement Administrator has issued payment to those Settlement Class Members who submitted valid Claims and elected to receive a Cash Benefit, and such records will be made available upon request to Class Counsel and Defendant’s counsel at the end of the ninety (90) day period. The Settlement Administrator also shall provide such reports, declarations, and such other information to the Court as the Court may require or as Class Counsel or Defendant requests.
Claim Process. Defendant agrees to establish a non-reversionary Settlement Fund of Three Million Dollars ($3,000,000) cash against which all Settlement Class Members who do not timely exclude themselves may submit a claim for $17 for each Television subject to potential pro rata increase or decrease as described below. Notwithstanding anything to the contrary herein, in no event will Defendant be obligated to pay more than the Settlement Fund to any Settlement Class Member who submits a timely claim.
1. Settlement Class Members must make a Claim for a Settlement Award by submitting a valid Claim Form to the Settlement Administrator via a web form on the Settlement Website during the Claim Period. Settlement Class Members may, at their option, mail or fax a paper Claim Form, which will be accepted upon receipt as valid by the Settlement Claims Administrator if the claim is otherwise valid. Claims may be made for up to seven televisions per residential address. Additionally, no more than seven televisions may be claimed by a Settlement Class Member.
2. Defendant shall have the option and the opportunity, but not the obligation, to verify Television serial numbers or model numbers for any Claim submitted or to be determined valid. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. The Settlement Administrator shall have the right to audit claims, and the Settlement Administrator may request additional information from Settlement Class Members submitting claims. If any fraud is detected or reasonably suspected, the Settlement Administrator may request further information from the Settlement Class Member or deny claims, subject to the ultimate oversight by the Court. The Settlement Administrator shall have sole authority to approve or deny all claims, and the Settlement Administrator’s decision shall be final and not be subject to appeal.
3. If the total amount of valid claims would exceed the Settlement Fund, the Settlement Awards will be reduced pro rata so that the total payment in the aggregate for all Settlement Awards does not exceed $3 million. If the total amount of Settlement Awards would not exhaust the Settlement Fund, then (1) Settlement Awards will be increased pro rata up to $50 per Settlement Award, and (2) any remaining funds in the Settl...
Claim Process. Any Settlement Class Member who wishes to submit a Claim must timely complete, sign (by hard copy or electronic signature), and submit a Claim Form and provide the Settlement Administrator with all requested information. All Claim Forms shall be submitted to the Settlement Administrator under oath. A Claim Form that does not meet each of these requirements is deficient and shall be responded to by the Settlement Administrator using the form Notice of Deficiency Letter attached hereto as Exhibit 6. The Claimant shall have at least one opportunity to cure any deficiency(ies) with their Claim Form. The Settlement Administrator shall receive, process, and make determinations regarding all Claim Forms as promptly as possible and subject to the provisions of Paragraph 12 above. Claim Forms shall be processed in the order that they are received to the extent practicable. Lead Class Counsel and Counsel for Bow shall have the right to review the Claim files of the Settlement Administrator at any time. The Settlement Administrator shall have the right to confer with Lead Class Counsel and Counsel for Bow with respect to any Claim.
Claim Process. 3.1 HAC and KCI, or their agents, shall administer the claim process under the Settlement. Class Counsel shall provide reasonable supervision of the claim process. Class Counsel shall audit the claim process and provide periodic reports to the Courts on the progress or status of the claim process, and HAC and KCI shall provide Class Counsel with all reasonably required access and assistance with respect to such audit or reports to the Courts.
3.2 The Parties hereby agree that the Claim Form for the Settlement shall be materially the same as Exhibit D to this Agreement. HAC shall mail the Second Notice and the Claim Form to each known Hyundai Class Member who is a present or former owner or lessee of a Class Vehicle sold by HAC. KCI shall mail the Second Notice and the Claim Form to each known KIA Class Member who is a present or former owner or lessee of a Class Vehicle sold by KCI.
3.3 In order for a Hyundai Class Member or a KIA Class Member to receive compensation pursuant to Section 2, the Claim Form must be properly completed, signed, and mailed to the appropriate addressee identified on the Claim Form with a postmark dated within nine (9) months of the last date permitted by the Courts for mailing of the Second Notice.
3.4 Any dispute with respect to a claim submitted under the Settlement shall be subject to the ongoing supervision of the Courts if the Parties' counsel are unable to resolve such dispute by negotiation.
Claim Process. Any Settlement Class Member who wishes to submit a Claim must timely complete, sign (by hard copy or electronic signature), and submit a Claim Form and provide the Settlement Administrator with all requested information. All Claim Forms shall be submitted under oath. Claim Forms will be able to be completed and submitted on the Settlement Website. Paper copies of Claim Forms will also be available upon request to be completed manually and then submitted either on the Settlement Website or to a mailing address to be established and monitored by the Settlement Administrator.
a. The Settlement Administrator shall process and review Claims as promptly as possible subject to the provisions in this Settlement Agreement. Claims shall be processed in the order that they are received to the extent practicable.
b. Class Counsel and Counsel for Generac shall have the right to review the Claim files of the Settlement Administrator at any time, including, but not limited to, requesting the right to inspect any photographs of any plenums to confirm that corrosion exists on the plenum. The Settlement Administrator shall have the right to confer with Class Counsel and Counsel for Generac with respect to any Claim.
c. A Claim that does not meet each of the requirements is deficient and shall be responded to by the Settlement Administrator using the form Notice of Deficiency Letter attached as Exhibit 5. Claimants shall have an opportunity to cure deficient Claims within 30 days.
d. If the Claimant does not provide a response that cures the deficiency in the time period required, then the Settlement Administrator shall deny the Claim in whole or in part. A copy of the form denial of Claim letter to be used by the Settlement Administrator is attached as Exhibit 6.
e. Claim Forms will provide a payment election field that Settlement Class Members submitting Reimbursement Claims can use to elect their preferred electronic payment method (such as direct deposit, PayPal, Venmo, Zelle, or a check).
Claim Process. Any claim made under this Section 16 will be addressed based on negotiated settlement between Tesla and Supplier. Supplier is responsible for disassembling Inventory Liability Items in Finished Goods Inventory down to a usable level and otherwise making all efforts to mitigate the cost to Tesla in any such claim. Any claim shall be supported by reasonable evidence including a detailed listing of the relevant Inventory Liability Items by part number and [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. quantity; documentary evidence that the quantity was manufactured to meet a Target Inventory required for that Inventory Liability Items and was not subsequently purchased by Tesla; and a detailed description of Supplier’s efforts to mitigate the costs to Tesla. Supplier’s claim will be based solely on costs incurred as a result of Tesla’s actions or obsolescence. No profit or opportunity costs shall be considered in calculating such claims. Tesla reserves the right to physically audit the inventory levels identified in the claim. Such audit shall be conducted in accordance with Section 19(e) (Financial Statements and Right to Audit).
