Common use of Claims Review Process Clause in Contracts

Claims Review Process. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent a Claim for Extraordinary Losses, Out-of-Pocket Losses, Lost Time, Credit Monitoring Services, or Cash Compensation is valid. a. The Settlement Administrator will verify that each person who submits a Claim Form is a member of the Settlement Class. b. The Settlement Administrator will determine that each Claim Form submitted by a Settlement Class Member was submitted during the Claims Period and is timely. c. In determining whether claimed Extraordinary Losses or Out-of-Pocket Losses are more likely than not caused by or fairly traceable to the Security Incident, respectively, the Settlement Administrator will consider (i) the timing of the alleged loss and whether it occurred on or after September 30, 2022; (ii) whether the alleged loss involved the types of information that may have been affected in the Security Incident, including name, mailing address, Social Security number, and health insurance information; (iii) the explanation of the Settlement Class Member as to why the alleged loss is more likely than not caused by or fairly traceable to the Security Incident; and (iv) other factors the Settlement Administrator reasonably finds to be relevant. d. The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted Claim prior to making a determination as to its validity. e. No decision of the Settlement Administrator shall be deemed to constitute a finding, admission, or waiver by Defendants as to any matter of fact, law, or evidence having any collateral effect on any proceedings in any forum or before any authority. f. To the extent the Settlement Administrator determines that a timely Claim for Extraordinary Losses, Out-of-Pocket Losses, Lost Time, Credit Monitoring Services, or Cash Compensation is deficient in whole or in part, the Settlement Administrator shall notify the Settlement Class Member of the deficiencies and provide the Settlement Class member twenty-one (21) days to cure the deficiencies. If the Settlement Administrator subsequently determines that the Settlement Class Member has not cured the deficiencies, the Settlement Administrator will notify the Settlement Class Member within the (10) days of that determination. The Settlement Administrator may consult with the Parties in making these determinations. g. If a Settlement Class Member receives notice that the Settlement Administrator has determined that the deficiencies it identified have not been cured, the Settlement Class Member may request an appeal in writing. The appeal must be submitted within twenty-one (21) days of the Settlement Administrator sending the notice. In the event of an appeal, the Settlement Administrator shall provide the Parties with all relevant documentation regarding the appeal. The Parties will confer regarding the appeal. If they agree on a disposition of the appeal, that disposition will be final and non- appealable. If they cannot agree on disposition of the appeal, the dispute will be submitted to a mutually agreed-upon third party neutral who will serve as the claims referee. If the Parties cannot agree on a claims referee, the Parties will submit proposals to the Court, and the Court shall have final, non-appealable authority to designate the claims referee. The decisions of the claims referee regarding the validity of claims will be final and non-appealable.

Claims Review Process. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent a Claim claim for Extraordinary LossesCredit Monitoring Services, Out-of-Pocket Unreimbursed Losses, Lost Time, Credit Monitoring Services, or Alternative Cash Compensation Payment is valid. a. The Settlement Administrator will verify that each person who submits a Claim Form is a member of the Settlement Class. b. The Settlement Administrator will determine that each Claim Form submitted by a Settlement Class Member was submitted during the Claims Period and is timely. c. In determining whether claimed Extraordinary Losses or Out-of-Pocket Unreimbursed Losses are more likely than not caused by or fairly traceable to the Security Incident, respectively, the Settlement Administrator will consider (i) the timing of the alleged loss and whether it occurred on or after September 30August 1, 2022; (ii) whether the alleged loss involved the types of information that may have been affected in the Security Incident, including name, mailing address, Social Security number, and health insurance information; (iii) the explanation of the Settlement Class Member as to why the alleged loss is more likely than not was caused by or fairly traceable to the Security Incident; and (iv) other factors the Settlement Administrator reasonably finds to be relevant. d. The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted Claim claim prior to making a determination as to its validity. e. No decision of the Settlement Administrator shall be deemed to constitute a finding, admission, or waiver by Defendants Xxxx’x as to any matter of fact, law, or evidence having any collateral effect on any proceedings in any forum or before any authority. f. To the extent the Settlement Administrator determines that a timely Claim claim for Extraordinary LossesCredit Monitoring Services, Out-of-Pocket Unreimbursed Losses, Lost Time, Credit Monitoring Services, or Alternative Cash Compensation Payment is deficient in whole or in part, the Settlement Administrator shall notify the Settlement Class Member of the deficiencies and provide the Settlement Class member twenty-twenty- one (21) days to cure the deficiencies. If the Settlement Administrator subsequently determines that the Settlement Class Member has not cured the deficiencies, the Settlement Administrator will notify the Settlement Class Member within the ten (10) days of that determination. The Settlement Administrator may consult with the Parties in making these determinations. g. If a Settlement Class Member receives notice that the Settlement Administrator has determined that the deficiencies it identified have not been cured, the Settlement Class Member may request an appeal in writing. The appeal must be submitted within twenty-one (21) days of the Settlement Administrator sending the notice. In the event of an appeal, the Settlement Administrator shall provide the Parties with all relevant documentation regarding the appeal. The Parties will confer regarding the appeal. If they agree on a disposition of the appeal, that disposition will be final and non- appealable. If they cannot agree on disposition of the appeal, the dispute will be submitted to a mutually agreed-upon third party neutral who will serve as the claims referee. If the Parties cannot agree on a claims referee, the Parties will submit proposals to the Court, and the Court shall have final, non-appealable authority to designate the claims referee. The decisions of the claims referee regarding the validity of claims will be final and non-appealable.

Claims Review Process. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent a Claim claim for Extraordinary Losses, Out-of-Pocket Losses, Lost Time, Credit Monitoring Services, Unreimbursed Losses, or Cash Compensation Lost Time is valid. a. The Settlement Administrator will verify that each person who submits a Claim Form is a member of the Settlement Class. b. The Settlement Administrator will determine that each Claim Form submitted by a Settlement Class Member was submitted during the Claims Period and is timely. c. In determining whether claimed Extraordinary Losses or Out-of-Pocket Unreimbursed Losses are more likely than not caused by or fairly traceable to the Security Incident, respectively, the Settlement Administrator will consider (i) the timing of the alleged loss and whether it occurred on or after September 30December 1, 2022; (ii) whether the alleged loss involved the types of information that may have been affected in the Security Incident, including name, mailing address, Social Security number, and health insurance information; (iii) the explanation of the Settlement Class Member as to why the alleged loss is more likely than not was caused by or fairly traceable to the Security Incident; and (iv) other factors the Settlement Administrator reasonably finds to be relevant. d. The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted Claim claim prior to making a determination as to its validity. e. No decision of the Settlement Administrator shall be deemed to constitute a finding, admission, or waiver by Defendants Acrisure as to any matter of fact, law, or evidence having any collateral effect on any proceedings in any forum or before any authority. f. To the extent the Settlement Administrator determines that a timely Claim claim for Extraordinary Losses, Out-of-Pocket Losses, Lost Time, Credit Monitoring Services, Unreimbursed Losses, or Cash Compensation Lost Time is deficient in whole or in part, the Settlement Administrator shall notify the Settlement Class Member of the deficiencies and provide the Settlement Class member twenty-one (21) days to cure the deficiencies. If the Settlement Administrator subsequently determines that the Settlement Class Member has not cured the deficiencies, the Settlement Administrator will notify the Settlement Class Member within the ten (10) days of that determination. The Settlement Administrator may consult with the Parties in making these determinations. g. If a Settlement Class Member receives notice that the Settlement Administrator has determined that the deficiencies it identified have not been cured, the Settlement Class Member may request an appeal in writing. The appeal must be submitted within twenty-one (21) days of the Settlement Administrator sending the notice. In the event of an appeal, the Settlement Administrator shall provide the Parties with all relevant documentation regarding the appeal. The Parties will confer regarding the appeal. If they agree on a disposition of the appeal, that disposition will be final and non- appealable. If they cannot agree on disposition of the appeal, the dispute will be submitted to a mutually agreed-upon third party neutral who will serve as the claims referee. If the Parties cannot agree on a claims referee, the Parties will submit proposals to the Court, and the Court shall have final, non-appealable authority to designate the claims referee. The decisions of the claims referee regarding the validity of claims will be final and non-appealable.

Claims Review Process. The Settlement Administrator shall have the sole discretion and authority to determine whether and to what extent a Claim claim for Extraordinary LossesCredit Monitoring Services, Out-of-Pocket Ordinary Losses, Lost Time, Credit Monitoring Services, or Cash Compensation Extraordinary Losses is valid. a. The Settlement Administrator will verify that each person who submits a Claim Form is a member of the Settlement Class. b. The Settlement Administrator will determine that each Claim Form submitted by a Settlement Class Member was submitted during the Claims Period and is timely. c. In determining whether claimed Ordinary Losses and Extraordinary Losses or Out-of-Pocket Losses are more likely than not caused by or fairly traceable to the Security Data Incident, respectively, the Settlement Administrator will consider consider (i) the timing of the alleged loss and whether it occurred on or after September 30November 17, 2022; (ii) whether the alleged loss involved the types of information that may have been affected in the Security Data Incident, including name, mailing address, Social Security number, and health insurance information; (iii) the explanation of the Settlement Class Member as to why the alleged loss is more likely than not was caused by or fairly traceable to the Security Data Incident; and (iv) other factors the Settlement Administrator reasonably finds to be relevant. d. The Settlement Administrator is authorized to contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to seek clarification regarding a submitted Claim claim prior to making a determination as to its validity. e. No decision of the Settlement Administrator shall be deemed to constitute a finding, admission, or waiver by Defendants AMU as to any matter of fact, law, or evidence having any collateral effect on any proceedings in any forum or before any authority. f. To the extent the Settlement Administrator determines that a timely Claim claim for Extraordinary LossesCredit Monitoring Services, Out-of-Pocket Ordinary Losses, Lost Time, Credit Monitoring Services, or Cash Compensation Extraordinary Losses is deficient in whole or in part, the Settlement Administrator shall notify the Settlement Class Member of the deficiencies and provide the Settlement Class member twenty-one (21) days to cure the deficiencies. If the Settlement Administrator subsequently determines that the Settlement Class Member has not cured the deficiencies, the Settlement Administrator will notify the Settlement Class Member within the ten (10) days of that determination. The Settlement Administrator may consult with the Parties in making these determinations. g. If a Settlement Class Member receives notice that the Settlement Administrator has determined that the deficiencies it identified have not been cured, the Settlement Class Member may request an appeal in writing. The appeal must be submitted within twenty-one (21) days of the Settlement Administrator sending the notice. In the event of an appeal, the Settlement Administrator shall provide the Parties with all relevant documentation regarding the appeal. The Parties will confer regarding the appeal. If they agree on a disposition of the appeal, that disposition will be final and non- appealable. If they cannot agree on disposition of the appeal, the dispute will be submitted to a mutually agreed-upon third party neutral who will serve as the claims referee. If the Parties cannot agree on a claims referee, the Parties will submit proposals to the Court, and the Court shall have final, non-appealable authority to designate the claims referee. The decisions of the claims referee regarding the validity of claims will be final and non-appealable.