Common use of Claim Process Clause in Contracts

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 Settlement Fund after all Settlement Awards are issued, less any funds necessary for any remaining Settlement Costs, will be awarded cy pres to Public Counsel, subject to court approval, so that the total payment in the aggregate for Settlement Awards equals $3 million. For the avoidance of doubt, in no event will Defendant be obligated to pay out more than the Settlement Fund. 4. The Settlement Administrator shall provide weekly reports to counsel for Defendant and Plaintiffs stating the number of claims received, the number of claims preliminarily denied, and the number of claims preliminarily approved. Within twenty-one (21) calendar days after the close of the Claim Period, the Settlement Administrator shall provide the Parties with the total number of valid and timely Claims received and approved. 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 such records will be made available upon request to 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. 5. Within fourteen (14) calendar days of Final Approval, Defendant shall cause the $3 million Settlement Fund to be paid by wire transfer into an escrow account established and administered by the Settlement Administrator, and which will be treated as a Qualified Settlement Fund within the meaning of 26 C.F.R. § 1.468B-1 (“Escrow Account”). If the Settlement does not reach the Effective Date, then the amount paid by Defendant into the Escrow Account (other than Court-approved settlement administration costs incurred by that date, pursuant to Section 5 below) shall within thirty (30) calendar days be returned to Defendant from the Escrow Account by the Settlement Administrator, along with any interest accrued thereon. For the sake of clarity, the parties agree that this means Defendants shall pay costs incurred by the Settlement Administrator even if the Court does not grant final approval.

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 submit 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 numbers, model numbers numbers, purchasing information, and/or disposal information 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 Settlement Fund after all Settlement Awards are issued, less any funds necessary for any remaining Settlement Costs, will be awarded cy pres to Public Counsel, subject to court approval, so that the total payment in the aggregate for Settlement Awards equals $3 million. For the avoidance of doubt, in no event will Defendant be obligated to pay out more than the Settlement Fund. 4. The Settlement Administrator shall provide weekly reports to counsel for Defendant and Plaintiffs stating the number of claims received, the number of claims preliminarily denied, and the number of claims preliminarily approved. Within twenty-one (21) calendar days after the close of the Claim Period, the Settlement Administrator shall provide the Parties with the total number of valid and timely Claims received and approved. 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 such records will be made available upon request to 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. 5. Within fourteen (14) calendar days of Final Approval, Defendant shall cause the $3 million Settlement Fund to be paid by wire transfer into an escrow account established and administered by the Settlement Administrator, and which will be treated as a Qualified Settlement Fund within the meaning of 26 C.F.R. § 1.468B-1 (“Escrow Account”). If the Settlement does not reach the Effective Date, then the amount paid by Defendant into the Escrow Account (other than Court-approved settlement administration costs incurred by that date, pursuant to Section 5 below) shall within thirty (30) calendar days be returned to Defendant from the Escrow Account by the Settlement Administrator, along with any interest accrued thereon. For the sake of clarity, the parties agree that this means Defendants shall pay costs incurred by the Settlement Administrator even if the Court does not grant final approval.