Determination of Claims. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
(a) a period as an Australian resident and a period of insurance; and
(b) any event or fact which is relevant to that entitlement, shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.
2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but in no case shall that date be a date earlier than the date on which this Agreement enters into force.
Determination of Claims. After receipt of a Request for Change Order, the Owner, in consultation with the Architect-Engineer, shall deliver to the Construction Manager its written determination of the claim. As to matters subject to the determination by final agency action (not actions for breach of contract or tort) the Owner’s written decision shall be final agency action unless the Construction Manager requests an administrative proceeding pursuant to Section 120.57, Florida Statutes, by filing a petition in compliance with Rule Chapter 60- 4, F.A.C. within thirty (30) days of the Construction Manager’s receipt of the Owner’s determination.
Determination of Claims. Within fourteen (14) days of the conclusion of the Claim Period, the Class Administrator shall determine: (i) whether each Settlement Class Member’s Proof of Claim (for those Settlement Class Members who submit claims) complies with Paragraph 31 above, and (ii) the Automatic Payment and Medical Monitoring Payment for each Settlement Class Member, as applicable, in accordance with Paragraphs 6 and 34. The Class Administrator promptly shall give notice to Class Counsel and Virgin Scent’s Counsel of its determinations.
Determination of Claims. Newsvine and/or the claims administrator may reject or deny any claims based on Newsvine’s records. If a Class Member’s claim form is properly completed (including an affirmation under penalty of perjury that the Class Member satisfies the preconditions to payment), signed and submitted within the specified time, and Newsvine does not deny the claim, that Class Member will be deemed an “Eligible Claimant” entitled to the Claim Payment applicable to that Eligible Claimant, as computed based on Newsvine’s records. Each claimant, whether eligible or ineligible, shall be deemed to have submitted to the jurisdiction of the Court with respect to the claimant’s claim, and the claim will be subject to investigation and discovery to the extent the Court allows. No discovery shall be allowed on the merits of the Action or this Agreement in connection with processing of the claim forms.
Determination of Claims. The Settlement Administrator shall review each Claim Form that is submitted. The Settlement Administrator shall use all reasonable efforts to complete its review of all Claim Forms no later than twenty-eight (28) calendar days after the deadline for submitting a Claim Form. If the Claim Form is timely, sets forth the requisite information, is signed (by written or electronic signature), is not duplicative of a previously approved claim, and there is no indicia of fraud, then the Settlement Administrator will approve the claim. Robinhood and Class Counsel will have the right (but not the obligation) to verify the truthfulness of the representations on any claim and the right (but not the obligation) to reject any claim on which a material misrepresentation appears. If the Settlement Administrator suspects that a Claim Form was fraudulently submitted, the Settlement Administrator will notify the Parties’ counsel and provide the Parties an opportunity to investigate the potentially fraudulent claim. Any disputes over the validity of a Claim Form will be promptly presented to and resolved by the Court. The Settlement Administrator will provide updates on a weekly basis to, and as requested by, the Parties’ counsel on the number of claims that are denied, approved, or pending.
Determination of Claims. 25 Defendants shall have the right (but not the obligation) to verify the truthfulness of the 26 representations on any Claim Form and the right (but not the obligation) to reject any claim on 27 which a material misrepresentation appears. Representative Plaintiff(s) will have the option to 28 contest any rejection and any dispute will be decided by the Court, as provided in Section 3(4),
Determination of Claims. An Indemnification Claim (other than any Indemnification Claim involving a Third Party Claim, which shall be payable as provided in Section 5.3 above) shall be payable under Section 5.1 above by Xxxxxx or under Section 5.2 above by Top Air, as applicable, when (i) there is a mutual agreement between the indemnified party and the indemnifying party as to the indemnifying party's liability for such Indemnification Claim and the amount of such liability, or (ii) a final judgment is rendered by a court of competent jurisdiction (and such judgment is not stayed for a period of 60 days) with respect to the indemnifying party's liability for the Indemnification Claim and the amount of such liability. The amount which an indemnifying party is required to pay to, for or on behalf of any indemnified party pursuant to Article VII shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by such indemnified party in reduction of the indemnifiable loss (the "Indemnifiable Loss"); (ii) to take account of any tax benefit realized as a result of any Indemnifiable Loss; and (iii) by the amount of any now existing reserves relating to such claim.
Determination of Claims. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
(a) a period as an Australian resident and an Irish period of insurance; and
(b) any event or fact which is relevant to that eligibility or entitlement, shall, subject to this Agreement, and to the relevant provisions of the social security laws of each Party, be taken into account in so far as those periods or those events or facts are applicable in regard to that person and whether they were accumulated or occurred before or after the date on which this Agreement enters into force.
2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but shall never be earlier than the date on which this Agreement enters into force.
3. In the case of contingencies which occurred before the commencement of this Agreement the amount of a benefit under the legislation of Ireland due only by virtue of this Agreement shall be determined from the date of entry into force of the Agreement at the request of the beneficiary.
Determination of Claims. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
(a) a period as an Australian resident and a United States period of coverage; and
(b) any event which is relevant to that eligibility or entitlement, shall, subject to this Agreement, be taken into account to the extent that those periods or those events are applicable in regard to that person and whether they were accumulated or occurred before, on or after the date on which this Agreement enters into force. However, neither Party shall take into account such periods of coverage or residence that occurred prior to the earliest date for which periods of coverage or residence may be credited under its laws.
Determination of Claims. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
(a) a period of New Zealand working age residence and a period of Maltese contributions; and
(b) any event or fact which is relevant to that entitlement, shall, subject to this Agreement, be taken into account in so far as those periods or those events are applicable in regard to that person no matter when they were accumulated or occurred.
2. The commencement date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but in no case shall that date be a date earlier than the date on which this Agreement enters into force.
