Claims Administration. 7.1 The Claims Administrator shall administer and calculate the Settlement Claims submitted by Settlement Class Members. All Settlement Claims must be submitted on or before the Claims Deadline to be deemed timely. The determination by the Claims Administrator of the validity or invalidity of all Settlement Claims shall be binding. The Claims Administrator shall periodically provide Settlement Class Counsel and CaptureRx counsel with reports as to both settlement claims and distribution, and they shall have the right to obtain and review supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate. 7.2 For each settlement claim submitted and received, the Claims Administrator, in its sole discretion (to be reasonably exercised), will determine whether: (1) the claimant is a Settlement Class Member and, if applicable, and California Settlement Subclass Member; and (2) that the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including but not limited to information required under Paragraph 2. The Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to adequately evaluate the settlement claim. All information provided to the Claims Administrator will be deemed confidential by the Claims Administrator. 7.3 The Claims Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are sufficient to support a claim. If the Claims Administrator should receive an incomplete Claim Form or a Claim Form with insufficient documentation to determine whether the claimant is a Settlement Class Member or, if applicable, a California Settlement Subclass member, the Claims Administrator shall request additional information and give the claimant twenty-one (21) days to cure any defect(s) before rejecting a settlement claim. The Claims Administrator shall make requests for additional information within twenty-one (21) days after the Claims Deadline. If a Settlement Class Member fails to correct all deficiencies within twenty-one
Appears in 3 contracts
Samples: Class Settlement Agreement, Class Settlement Agreement, Class Settlement Agreement
Claims Administration. 7.1 9.1 The Claims Administrator shall administer and calculate the Settlement Claims submitted by Settlement Class Members. All Settlement Claims must be submitted on or before the Claims Deadline to be deemed timely. The determination by the Claims Administrator of the validity or invalidity of all Settlement Claims shall be binding. The Claims Administrator shall periodically provide Settlement Class Counsel and CaptureRx Convergent counsel with reports as to both settlement claims and distribution, and they shall have the right to obtain and review supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate.
7.2 9.2 For each settlement claim submitted and received, the Claims Administrator, in its sole discretion (to be reasonably exercised), will determine whether: :
(1) the claimant is a Settlement Class Member and, if applicable, and California Settlement Subclass Member; and (2) that the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including but not limited to information required under Paragraph 2Section 4. The Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to adequately evaluate the settlement claim. All information provided to the Claims Administrator will be deemed confidential by the Claims Administrator.
7.3 9.3 The Claims Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are sufficient to support a claim. If the Claims Administrator should receive an incomplete Claim Form or a Claim Form with insufficient documentation to determine whether the claimant is a Settlement Class Member or, if applicable, a California Settlement Subclass memberMember, the Claims Administrator shall request additional information and give the claimant twenty-one (21) days to cure any defect(s) before rejecting a settlement claim. The Claims Administrator shall make requests for additional information within twenty-one (21) days after the Claims Filing Deadline. If a Settlement Class Member fails to correct all deficiencies within twenty-oneone (21) days from receiving a request for additional information, the Claims Administrator shall deny the claimant’s settlement claim and the claimant will not be entitled to an Award.
9.4 After receiving additional information, the Claims Administrator shall have thirty
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Claims Administration. 7.1 The Claims Administrator shall administer and calculate the Settlement Claims submitted by Settlement Class Members. All Settlement Claims must be submitted on or before the Claims Filing Deadline to be deemed timely. The determination by the Claims Administrator of the validity or invalidity of all Settlement Claims shall be binding. The Claims Administrator shall periodically provide Settlement Class Counsel and CaptureRx counsel North Highland’s Counsel with reports as to both settlement claims and distribution, and they shall have the right to obtain and review supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate.
7.2 For each settlement claim submitted and received, the Claims Administrator, in its sole discretion (to be reasonably exercised), will determine whether: whether (1a) the claimant is a Settlement Class Member and, if applicable, and California Settlement Subclass Member; and (2b) that the claimant has provided all information required to complete the Claim Form by the Claims Filing Deadline, including but not limited to information required under Paragraph 2. The Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to adequately evaluate the settlement claim. All information provided to the Claims Administrator will be deemed confidential by the Claims Administrator.
7.3 The Claims Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are is sufficient to support a claim. If the Claims Administrator should receive an incomplete Claim Form or a Claim Form with insufficient documentation to determine whether the claimant is a Settlement Class Member or, if applicable, a California Settlement Subclass memberMember, the Claims Administrator shall request additional information and give the claimant twenty-one (21) 21 days to cure any defect(s) before rejecting a settlement claim. The Claims Administrator shall make requests for additional information within twenty-one (21) 21 days after the Claims Filing Deadline. If a Settlement Class Member fails to correct all deficiencies within twenty-one21 days from receiving a request for additional information, the Claims Administrator shall deny the claimant’s settlement claim and the claimant will not be entitled to an Award.
7.4 After receiving additional information, the Claims Administrator shall have 30 days to accept or reject each settlement claim. If, after review of the settlement claim and all documentation submitted by the claimant, the Claims Administrator determines that such a settlement claim is valid, then the settlement claim shall be paid within the time period provided in this Paragraph. If the settlement claim remains invalid because the claimant does not provide
7.5 No Person shall have any claim against the Claims Administrator, North Highland, the Released Parties, or their counsel, Settlement Class Counsel and /or Representative Plaintiff based on distribution of Awards to Settlement Class Members.
7.6 The Claims Administrator will send funds electronically (in an electronic payment format recommended by the Claims Administrator and agreed upon by the Parties, such as PayPal or Venmo) for Approved Claims within the later of 30 days after the Effective Date or 30 days after all disputed claims have been resolved. No distributions will be made without authorization from the Parties. If a Settlement Class Member cannot or chooses not to receive funds electronically, award checks shall be sent by U.S.P.S. Mail. Award checks (electronic and paper) shall be valid for a period of 180 days from issuance and shall state in words or substance that the check must be cashed within 180 days, after which time it will become void. In the event a settlement check becomes void, the Settlement Class Member to whom that settlement check was made payable will forfeit the right to payment and will not be entitled to have the check reissued or to any further distribution from the Settlement Fund or to any further recourse against the Released Parties, and the Agreement and Release will in all other respects be fully enforceable against the Settlement Class Member. No later than 190 days from the issuance of the Award checks, the Claims Administrator shall take all steps necessary to stop payment on any Award checks that remain uncashed.
Appears in 1 contract
Samples: Settlement Agreement
Claims Administration. 7.1 The Claims Administrator shall administer and calculate the Settlement Claims submitted by Settlement Class Members. All Settlement Claims must be submitted on or before the Claims Filing Deadline to be deemed timely. The determination by the Claims Administrator of the validity or invalidity of all Settlement Claims shall be binding. The Claims Administrator shall periodically provide Settlement Class Counsel and CaptureRx Heirloom counsel with reports as to both settlement claims and distribution, and they shall have the right to obtain and review supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate.
7.2 For each settlement claim submitted and received, the Claims Administrator, in its sole discretion (to be reasonably exercised), will determine whether: whether (1a) the claimant is a Settlement Class Member and, if applicable, and California Settlement Subclass Member; and (2b) that the claimant has provided all information required to complete the Claim Form by the Claims Filing Deadline, including but not limited to information required under Paragraph 2. The Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to adequately evaluate the settlement claim. All information provided to the Claims Administrator will be deemed confidential by the Claims Administrator.
7.3 The Claims Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are is sufficient to support a claim. If the Claims Administrator should receive an incomplete Claim Form or a Claim Form with insufficient documentation to determine whether the claimant is a Settlement Class Member or, if applicable, a California Settlement Subclass memberMember, the Claims Administrator shall request additional information and give the claimant twenty-one (21) 21 days to cure any defect(s) before rejecting a settlement claim. The Claims Administrator shall make requests for additional information within twenty-one (21) 21 days after the Claims Filing Deadline. If a Settlement Class Member fails to correct all deficiencies within twenty-one21 days from receiving a request for additional information, the Claims Administrator shall deny the claimant’s settlement claim and the claimant will not be entitled to an Award.
7.4 After receiving additional information, the Claims Administrator shall have 30 days to accept or reject each settlement claim. If, after review of the settlement claim and all documentation submitted by the claimant, the Claims Administrator determines that such a settlement claim is valid, then the settlement claim shall be paid within the time period provided in this Paragraph. If the settlement claim remains invalid because the claimant does not provide
7.5 No Person shall have any claim against the Claims Administrator, Defendant, the Released Parties, or their counsel, Settlement Class Counsel and /or Representative Plaintiff based on distribution of Awards to Settlement Class Members.
7.6 The Claims Administrator will send funds electronically (in an electronic payment format recommended by the Claims Administrator and agreed upon by the Parties, such as PayPal or Venmo) for Approved Claims within the later of 30 days after the Effective Date or 30 days after all disputed claims have been resolved. No distributions will be made without authorization from the Parties. If a Settlement Class Member cannot or chooses not to receive funds electronically, award checks shall be sent by U.S.P.S. Mail. Award checks (electronic and paper) shall be valid for a period of 180 days from issuance and shall state in words or substance that the check must be cashed within 180 days, after which time it will become void. In the event a settlement check becomes void, the Settlement Class Member to whom that settlement check was made payable will forfeit the right to payment and will not be entitled to have the check reissued or to any further distribution from the Settlement Fund or to any further recourse against the Released Parties, and the Agreement and Release will in all other respects be fully enforceable against the Settlement Class Member. No later than 190 days from the issuance of the Award checks, the Claims Administrator shall take all steps necessary to stop payment on any Award checks that remain uncashed.
Appears in 1 contract
Samples: Class Settlement Agreement
Claims Administration. 7.1 The Claims Administrator shall administer and calculate the Settlement Claims submitted by Settlement Class Members. All Settlement Claims must shall be submitted evaluated on or before a first come, first served basis determined by the date of actual receipt of Settlement Claims by the Claims Deadline to be deemed timelyAdministrator. The determination by the Claims Administrator and Claims Referee (as may be necessary) of the validity or invalidity of all Settlement Claims shall be binding, subject to the Dispute Resolution Process set forth in this Paragraph. The Claims Administrator shall periodically provide Settlement Class Counsel and CaptureRx iCanvas’ counsel with shall periodically be given reports as to both settlement claims Settlement Claims and distribution, and they shall have the right to review and obtain and review supporting documentation and challenge such reports if they believe them to be inaccurate or inadequate.
7.2 For each settlement claim Settlement Claim submitted and received, the Claims Administrator, in its sole discretion (to be reasonably exercised), will determine whether: :
(1) the claimant is a Settlement Class Member and, if applicable, and California Settlement Subclass Member; and (2) that the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including but not limited to information required under Paragraph 2. The Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to adequately evaluate the settlement claimSettlement Claim. All information provided to the Claims Administrator will be deemed confidential by the Claims Administrator.
7.3 The Claims Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are sufficient to support a claimClaim. If the Claims Administrator should receive an incomplete Claim Form or a Claim Form with insufficient documentation to determine whether the claimant is a Settlement Class Member or, if applicable, a California Settlement Subclass memberMember, the Claims Administrator shall request additional information and give the claimant twenty-one (21) days to cure any defect(s) before rejecting a settlement claimSettlement Claim. The Claims Administrator shall make Administrator’s requests for additional information shall be made within twenty-one (21) days after the Claims Deadline. If a Settlement Class Member fails to correct all deficiencies within twenty-oneone (21) days from receiving a request for additional information, the Claims Administrator shall deny the claimant’s Settlement Claim and the claimant will not be entitled to an Award.
7.4 After receiving additional information, the Claims Administrator shall have thirty
Appears in 1 contract
Samples: Class Settlement Agreement
Claims Administration. 7.1 The Claims Administrator shall administer and calculate the Settlement Claims submitted by Settlement Class Members. All Class Counsel and Defendants’ counsel shall periodically be given reports as to both Settlement Claims must be submitted on or before and distribution, and have the Claims Deadline right to review and obtain supporting documentation and challenge such reports if they believe them to be deemed timelyinaccurate or inadequate. The determination by the Claims Administrator of the validity or invalidity of all Settlement Claims shall be binding. The Claims Administrator shall periodically provide Settlement Class Counsel and CaptureRx counsel with reports as , subject to both settlement claims and distribution, and they shall have the right to obtain and review supporting documentation and challenge such reports if they believe them to be inaccurate or inadequateDispute Resolution Process set forth in this Section VII.
7.2 For each settlement claim submitted and receivedSettlement Claim submitted, the Claims Administrator, in its sole discretion (to be reasonably exercised), will determine whether: :
(1) the claimant is a Settlement Class Member and, if applicable, and California Settlement Subclass Member; and ;
(2) that the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including but not limited to documentation and information required under Paragraph 2¶ 2.3.1; and (3) the information submitted for a Settlement Claim for a Reimbursement Award would lead a reasonable person to conclude that the alleged expenses are fairly traceable to and plausibly arose from the Security Incident. The Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to adequately evaluate the settlement claim. All information provided to the Claims Administrator will be deemed confidential by the Claims AdministratorSettlement Claim.
7.3 The Claims Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are sufficient to support a claim. If the Claims Administrator should receive 7.2.1 Upon receipt of an incomplete or unsigned Claim Form or a Claim Form with insufficient that is not accompanied by sufficient documentation to determine whether the claimant Settlement Claim is a Settlement Class Member or, if applicable, a California Settlement Subclass membervalid, the Claims Administrator shall request additional information and give the claimant twenty-one (21) 30 days to cure any defect(s) the defect before rejecting a settlement claimthe Settlement Claim. The Claims Administrator Such requests shall make requests for additional information be made within twenty-one (21) 30 days after the Claims Deadline. In the event of unusual circumstances interfering with compliance during the 30-day period, the claimant may request and, for good cause shown shall be given, a reasonable extension of the 30-day deadline in which to comply; however, in no event shall the deadline be extended to later than 60 days from the Effective Date. If the defect is not cured, then the Settlement Claim will be deemed invalid and there shall be no obligation to pay the Settlement Claim.
7.2.2 Following receipt of additional information requested by the Claims Administrator pursuant to ¶ 7.2.1, the Claims Administrator shall have 30 days to accept, in whole or lesser amount, or reject each Settlement Claim. If after review of the Settlement Claim and all documentation submitted by the claimant, the Claims Administrator determines that such a Settlement Claim is valid, then the Settlement Claim shall be paid within the time period provided by ¶ 7.5 to the extent that the Claims Administrator finds the Settlement Claim to be valid. If the Settlement Claim remains invalid because the claimant does not provide the requested information needed to complete the Claim Form and evaluate the Settlement Claim, then the Claims Administrator may reject the Settlement Claim without any further action apart from providing a notice of rejection of the Settlement Claim.
7.2.3 Settlement Class Members shall have 30 days from receipt of the offer to accept or reject any offer of partial payment received from the Claims Administrator. If a Settlement Class Member fails rejects an offer from the Claims Administrator, the Claims Administrator shall have 15 days to correct reconsider its initial adjustment amount and make a final determination. The approved amount shall be the total and final amount to be paid.
7.3 The Claims Administrator shall adjust the payment amount of all deficiencies Awards as follows:
7.3.1 If, after the Effective Date, the total dollar value of all Approved Claims is less than the amount remaining in the Settlement Fund necessary to cover valid Basic Awards, the cost of the “Financial Shield” identity-theft protection services, Reimbursement Awards, Time Spent Awards, valid California Subclass Awards, the Attorneys’ Fees and Expenses Award, Service Awards, and notice and Claims Administration costs, the payment amount for all Approved Claims under this Agreement shall be increased pro rata among all Settlement Class Members who submitted Approved Claims for Basic Awards and California Subclass Awards until the amounts remaining in the Settlement Fund are exhausted (or as nearly as possible). These pro rata determinations shall be performed by the Settlement Administrator.
7.3.2 If, after the Effective Date, the total dollar value of all Approved Claims exceeds the amount remaining in the Settlement Fund necessary to cover valid Basic Awards, the cost of the “Financial Shield” identity-theft protection services, Reimbursement Awards, Time Spent Awards, valid California Subclass Awards, the Attorneys’ Fees and Expenses Award, Service Awards, and notice and Claims Administration costs, the payment amount for all Approved Claims shall be reduced pro rata among all Settlement Class Members who submitted Approved Claims for Basic Awards and California Subclass Awards. These pro rata determinations shall be performed by the Settlement Administrator.
7.4 The $540,000 Settlement Fund will be paid by Defendants to the Claims Administrator in two installments: (a) Defendants shall pay $60,000 within twenty-oneten (10) business days following entry of the Preliminary Approval Order; and (
Appears in 1 contract
Samples: Settlement Agreement
