Common use of Claim Review and Deficiency Process Clause in Contracts

Claim Review and Deficiency Process. Within ten (10) days following the Claim Deadline, the Settlement Administrator shall determine whether each Claim Form submitted is facially valid, in that it is in the form required, includes the required affirmations and information and was submitted in a timely fashion and properly signed by a Settlement Class Member appearing on the Notice List. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official Documentation if requested, shall be necessary for the submission of a Verified Claim Form, and the absence of any of these requirements shall invalidate the proffered claim. The Parties retain the ability to request Official Documentation should they have reasonable suspicion that the Claimant did not have valid and unexpired DACA status, and the Settlement Administrator shall verify the Official Documentation by comparing the documentation received to samples of the Official Documentation mutually agreed upon by the Parties. All such claim criteria shall be strictly enforced. Any Settlement Class Member’s failure to provide any of the required affirmation and information shall result in the putative claim being deemed invalid. Claim Forms that do not meet the requirements as set forth in this Agreement and in the Claim Form instructions shall be rejected absent agreement by the Parties on a cure process or other reasonable remedial steps. This shall include but is not limited to any failure to provide complete and accurate information, any failure to make the required representations and attestations, any failure to provide required supporting documentation if requested to do so, any failure to fully execute the Claim Form and any failure to timely submit the Claim Form and Official Documentation. The Settlement Administrator shall have the authority to determine whether the submission of a Claim Form and Official Documentation, if requested, is complete and timely. The Settlement Administrator’s determinations in this regard shall be final and non-appealable. The Settlement Administrator shall promptly send a notice to any Settlement Class Member who submits a deficient Claim, identifying the deficiency and informing the individual that Class Counsel is available to assist in addressing deficiencies. To be considered, any revised Claim Form and Official Documentation, if requested, or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within ten (10) days after the date of the original notice of deficiency, and in no event shall a Claim Form be deemed timely if mailed more than twenty-one (21) days after the Claim Deadline. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the Settlement Fund but shall in all other respects be bound by the terms of this Agreement and by the Order of Final Approval entered in the Action. No person shall have any claim against Releasees, Defense Counsel, the Class Representatives, Class Counsel, or the Settlement Administrator based on any eligibility determinations made in accordance with the Agreement.

Appears in 1 contract

Samples: Settlement Agreement and Release

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Claim Review and Deficiency Process. Within ten In the seven (107) days following the Claim Deadline, the Settlement Administrator shall determine whether confirm that each Claim Form submitted is was facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information and information, that each Claim Form was submitted in a timely fashion fashion, that the claimant is a Member of the California Class or National Class, and that the Claim Form otherwise meets the requirements of this Agreement, including being properly signed by a Settlement Class Member appearing on the Notice Listsigned. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official Documentation if requested, shall be necessary for the submission of a Verified Claim Form, and the absence of any of these requirements shall invalidate the proffered claim. The Parties retain the ability to request Official Documentation should they have reasonable suspicion that the Claimant did not have valid and unexpired had a status other than DACA statusor CPR, and the Settlement Administrator shall verify the Official Documentation by comparing the documentation received to samples of the Official Documentation mutually agreed upon by the Parties. All such claim criteria shall be strictly enforced. Any Settlement Class Member’s failure to provide any of the required affirmation and information shall result in the putative claim being deemed invalid. Claim Forms that do not meet the requirements as set forth in this Agreement and in the Claim Form instructions shall be rejected absent agreement by the Parties on a cure process or other reasonable remedial steps. This shall include but is not limited to any failure to provide complete and accurate information, any failure to make the required representations and attestations, any failure to provide required supporting documentation if requested to do so, any failure to fully execute the Claim Form Form, and any failure to timely submit the Claim Form and Official Documentation. The Settlement Administrator shall have the authority to determine whether the submission of a Claim Form and Official Documentation, if requested, is complete and timely. The Settlement Administrator’s determinations in this regard shall be final and non-appealable. The Settlement Administrator shall promptly send a notice to any Settlement Class Member who submits a deficient Claim, identifying the deficiency and informing the individual that Class Counsel is available to assist in addressing deficiencies. To be considered, any revised Claim Form and Official Documentation, if requested, or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within ten fourteen (1014) days after the date of the original notice of deficiency, and in no event shall a Claim Form be deemed timely if mailed more than twenty-one (21) days after the Claim Deadline. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the Settlement Fund but shall in all other respects be bound by the terms of this Agreement and by the Order of Final Approval entered in the Action. No person shall have any claim against Releasees, Defense Counsel, the Class Representatives, Class Counsel, or the Settlement Administrator based on any eligibility determinations made in accordance with the Agreement.one

Appears in 1 contract

Samples: Settlement Agreement and Release

Claim Review and Deficiency Process. Within ten (10) days following Following Final Approval of the Claim DeadlineSettlement or such earlier time as the Parties agree, the Settlement Administrator shall determine whether confirm that each Claim Form submitted is was facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information and information, that each Claim Form was submitted in a timely fashion fashion, that the claimant is a Member of the Settlement Class, and properly signed by a Settlement Class Member appearing on that the Notice ListClaim otherwise meets the requirements of this Agreement. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official Documentation if requested, Form shall be necessary for the submission of a Verified Claim Formvalid Claim, and the absence of failure to comply with any of these requirements shall invalidate the proffered claim. The Parties retain the ability to request Official Documentation should they have reasonable suspicion that the Claimant did not have valid and unexpired DACA status, and the Settlement Administrator shall verify the Official Documentation by comparing the documentation received to samples of the Official Documentation mutually agreed upon by the Partiessubmitted Claim. All such claim criteria requirements shall be strictly enforced. Any Settlement Class Member’s failure to provide any of the required affirmation and information shall result in the putative claim being deemed invalid. Claim Forms that do not meet the requirements as set forth in this Agreement and in the Claim Form instructions shall be rejected absent agreement by the Parties on a cure process or other reasonable remedial stepsrejected. This shall include but is not limited to any failure to provide complete and accurate information, any failure to make the required representations and attestations, any failure to provide required supporting documentation if requested to do sodocumentation, any failure to fully execute the Claim Form Form, and any failure to timely submit the Claim Form and Official DocumentationForm. The Settlement Administrator shall have the authority to determine whether the submission of a Claim Form and Official Documentation, if requested, is complete and timely. The Settlement Administrator’s determinations in this regard shall be final and non-appealable. The Settlement Administrator shall promptly send a notice to any Settlement Class Member who submits a deficient Claim, identifying the deficiency and informing the individual that Class Counsel is available to assist in addressing deficiencies. To be considered, any revised Claim Form and Official Documentation, if requested, or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within ten (10) days after the date of the original notice of deficiency, and in no event shall a Claim Form be deemed timely if mailed more than twenty-one (21) days after the Claim Deadline. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the Settlement Fund for that Claim Type 1 or 2 but shall in all other respects be bound by the terms of this Agreement and by the Order of Final Approval entered in the Action. No person shall have any claim against ReleaseesDefendant, Defense CounselDefendant’s counsel, the Class RepresentativesRepresentative, Class Counsel, or the Settlement Administrator based on any eligibility determinations made in accordance with the Agreement. The Settlement Administrator shall promptly send a notice to any claimant that submitted a deficient Claim, identifying the deficiency. To be considered, any revised Claim or attempted cure of a Claim must be mailed to the Administrator within forty-five (45) days after the date of the original notice of deficiency.

Appears in 1 contract

Samples: Settlement Agreement and Release

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Claim Review and Deficiency Process. Within ten (10) days following Both prior to and after Final Approval of the Claim DeadlineSettlement, the Settlement Administrator shall determine whether confirm that each Claim Form submitted is was facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information and information, that each Claim Form was submitted in a timely fashion fashion, that the claimant is a Member of the California Class or National Class, and that the Claim Form otherwise meets the requirements of this Agreement, including being properly signed by a Settlement Class Member appearing on the Notice Listsigned. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official Documentation if requestedDocumentation, shall be necessary for the submission of a Verified Claim Form, and the absence of any of these requirements shall invalidate the proffered claim. The Parties retain the ability to request Official Documentation should they have reasonable suspicion that the Claimant did not have valid and unexpired DACA status, and the Settlement Administrator shall verify the Official Documentation by comparing the documentation received to samples of the Official Documentation mutually agreed upon by the Parties. All such claim criteria shall be strictly enforced. Any Settlement Class Member’s failure to provide any of the required affirmation and information shall result in the putative claim being deemed invalid. Claim Forms that do not meet the requirements as set forth in this Agreement and in the Claim Form instructions shall be rejected absent agreement by the Parties on a cure process or other reasonable remedial stepsrejected. This shall include but is not limited to any failure to provide complete and accurate information, any failure to make the required representations and attestations, any failure to provide required supporting documentation if requested to do sodocumentation, any failure to fully execute the Claim Form Form, and any failure to timely submit the Claim Form and Official Documentation. The Settlement Administrator shall have the authority to determine whether the submission of a Claim Form and Official Documentation, if requested, Documentation is complete and timely. The Settlement Administrator’s determinations in this regard shall be final and non-appealable. The Settlement Administrator shall promptly send a notice to any Settlement Class Member who submits a deficient Claim, identifying the deficiency and informing the individual that Class Counsel is available to assist in addressing deficiencies. To be considered, any revised Claim Form and Official Documentation, if requested, Documentation or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within ten fourteen (1014) days after the date of the original notice of deficiency, and in no event shall a Claim Form be deemed timely if mailed more than twentyforty-one two (2142) days after the Claim DeadlineEffective Date. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the Settlement California Fund or the National Fund but shall in all other respects be bound by the terms of this Agreement and by the Order of Final Approval entered in the Action. No person shall have any claim against Releasees, Defense Counsel, the Class Representatives, Class Counsel, or the Settlement Administrator based on any eligibility determinations made in accordance with the Agreement.

Appears in 1 contract

Samples: Settlement Agreement and Release

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