Determination of Claim. Following the submission of any Claims Submission Packet under ¶ 2.3 (a) or (b), the Settlement Administrator shall provide a neutral assessment of the facts and proof, and a recommendation to Defendants for acceptance or rejection of the Claim based on whether, in the opinion of the Settlement Administrator, the Participating Settlement Class Member’s losses or out-of-pocket expenses occurred more likely than not as a result of the Alleged Breach. The initial determination of whether the claim should be accepted or rejected rests solely with Defendants, who agree to consider the Settlement Administrator’s recommendation in good faith in making such an assessment. Defendants, through the Settlement Administrator, shall have thirty (30) days to accept or reject the Claim after the Settlement Administrator provides Defendants with a recommendation, or to provide the Participating Settlement Class Member in writing, with such copies provided to Co-Lead Class Counsel, with reasonable requests for additional information (“Claims Supplementation”). If Defendants request such Claim Supplementation, the Participating Settlement Class Member shall have forty-five (45) days to provide it to the Settlement Administrator upon receipt of the request. In the event of unusual circumstances interfering with compliance during that period, the Participating Settlement Class Member may request and, for good cause shown (e.g., illness, the Participating Settlement Class Member is located out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension during which to comply. Defendants shall have thirty (30) days from their receipt of the Claim Supplementation to accept or reject the claim through the Settlement Administrator.
Determination of Claim. 23. Upon completion of the interview and review as set out above, the Assessor will then determine:
