Common use of Class 13 Claimants Clause in Contracts

Class 13 Claimants. (i) As soon as possible after the deadline for Personal Injury Claimants to elect to settle or litigate, the Claims Administrator shall provide to the Class 13 Claimants (“Health Care Providers”) a list of Non-Settling Personal Injury Claimants along with an election form setting forth the process by which Health Care Providers may elect to settle or litigate their Claims. The election form shall permit the Health Care Providers to elect to settle conditionally, subject to right of revocation defined at (ii) below, or to litigate. To be timely the election form must be received by the Claims Administrator or postmarked — by certified mail or by an overnight delivery service — on the date that is not more than forty-five (45) calendar days after the Claims Administrator serves the list of Non-Settling Personal Injury Claimants. Health Care Providers who fail timely to return the form shall be deemed to have elected to settle conditionally. (ii) The election to settle shall be conditional until the date thirty (30) calendar days from the date of service of the order of the District Court resolving the motion to transfer to the District Court claims of Non-Settling Personal Injury Claimants against the Health Care Provider who has made the conditional election to settle (“Motion to Transfer”). Thereafter, such election to settle shall be final unless it has been timely revoked. A Health Care Provider may revoke the conditional election to settle only by submitting to the Claims Administrator a notification of revocation. To be timely the notification of revocation must be received by the Claims Administrator no later than thirty (30) calendar days after the date of service of the District Court’s order resolving such Motion to Transfer.

Class 13 Claimants. (i) As soon as possible after the deadline for Personal Injury Claimants to elect to settle or litigate, the Claims Administrator shall provide to the Class 13 Claimants (“Health Care Providers”) a list of Non-Settling Personal Injury Claimants along with an election form setting forth the process by which Health Care Providers may elect to settle or litigate their Claims. The election form shall permit the Health Care Providers to elect to settle conditionally, subject to right of revocation defined at (ii) below, or to litigate. To be timely the election form must be received by the Claims Administrator or postmarked — by certified mail or by an overnight delivery service — on the date that is not more than forty-forty- five (45) calendar days after the Claims Administrator serves the list of Non-Settling Personal Injury Claimants. Health Care Providers who fail timely to return the form shall be deemed to have elected to settle conditionally. (ii) The election to settle shall be conditional until the date thirty (30) calendar days from the date of service of the order of the District Court resolving the motion to transfer to the District Court claims of Non-Settling Personal Injury Claimants against the Health Care Provider who has made the conditional election to settle (“Motion to Transfer”). Thereafter, such election to settle shall be final unless it has been timely revoked. A Health Care Provider may revoke the conditional election to settle only by submitting to the Claims Administrator a notification of revocation. To be timely the notification of revocation must be received by the Claims Administrator no later than thirty (30) calendar days after the date of service of the District Court’s order resolving such Motion to Transfer.