Common use of Claim Review and Deficiency Process Clause in Contracts

Claim Review and Deficiency Process. Both prior to and after Final Approval of the Settlement, the Settlement Administrator shall confirm that each Claim Form submitted was facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information, that each Claim Form was submitted in a timely 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. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official Documentation, 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 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. 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, 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 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 or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within fourteen (14) 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 forty-two (42) days after the Effective Date. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the 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

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Claim Review and Deficiency Process. Both prior to and after Final Approval of Within ten (10) days following the SettlementClaim Deadline, the Settlement Administrator shall confirm that determine whether each Claim Form submitted was is facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information, that each Claim Form information and was submitted in a timely fashion, that fashion and properly signed by a Settlement Class Member appearing on 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 signedNotice List. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official DocumentationDocumentation 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 rejectedrejected 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 documentationdocumentation 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 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 Documentation, if requested, or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within fourteen ten (1410) 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 fortytwenty-two one (4221) days after the Effective DateClaim Deadline. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the California Fund or the National 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

Claim Review and Deficiency Process. Both prior to and after Following Final Approval of the SettlementSettlement or such earlier time as the Parties agree, the Settlement Administrator shall confirm that each Claim Form submitted was facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information, that each Claim Form was submitted in a timely fashion, that the claimant is a Member of the California Class or National Settlement Class, and that the Claim Form otherwise meets the requirements of this Agreement, including being properly signed. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official Documentation, 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 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. 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, any failure to fully execute the Claim 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 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 or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within fourteen (14) 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 forty-two (42) days after the Effective Date. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the California Fund for that Claim Type 1 or the National Fund 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

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Claim Review and Deficiency Process. Both prior to and after Final Approval of In the Settlementseven (7) days following the Claim Deadline, the Settlement Administrator shall confirm that each Claim Form submitted was facially valid, in that it is in the form required, that each Claim Form includes the required affirmations and information, that each Claim Form was submitted in a timely 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. Full compliance with the requirements of the terms of this Agreement and the Claim Form, along with submission of Official DocumentationDocumentation 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 had a status other than DACA or 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 rejectedrejected 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 documentationdocumentation 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 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 Documentation, if requested, or attempted cure of a Claim Form and Official Documentation must be mailed to the Settlement Administrator within fourteen (14) 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 fortytwenty-two (42) days after the Effective Date. Any Settlement Class Member whose claim is rejected shall be barred from receiving payment under the Settlement from the 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.one

Appears in 1 contract

Samples: Settlement Agreement

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