Dispute Resolution for Claims. The Settlement Administrator, in its sole
(1) the claimant is a Class Member;
(2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support the Out-of-Pocket Expense Claims described in Section 2.1; and (3) the information submitted could lead a reasonable person to conclude that it is more likely than not the claimant has suffered the claimed losses as a result of the Data Breach. The Settlement Administrator may, at any time, request from the claimant, in writing, additional information as the Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed losses, and claims previously made for identity theft and the resolution thereof. For any such claims that the Settlement Administrator determines to be implausible, the Settlement Administrator will submit those claims to the Settling Parties (one Plaintiffs’ lawyer and one Defense lawyer shall be designated to fill this role for all Plaintiffs and for Defendant, respectively). If the Settling Parties do not agree with the claimant’s Settlement Claim, after meeting and conferring, then the Settlement Claim shall be referred for resolution to the Settlement Administrator for final determination.
a) Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation to determine whether the claim is facially valid, the Settlement Administrator shall request additional information and give the claimant a minimum of fourteen (14) days to cure the defect before rejecting the claim. If the defect is not cured in the time permitted by the Settlement Administrator (subject to the 14-day minimum), then the claim will be deemed invalid and there shall be no obligation to pay the defective claim. The postmark date shall constitute evidence of the date of mailing for these purposes.
b) Following receipt of additional information requested by the Settlement Administrator, the Settlement Administrator shall have ten (10) days to accept, in whole or lesser amount, or reject each claim. If, after review of the claim and all documentation submitted by the claimant, the Settlement Administrator determines that such a claim is facially valid, then the claim shall be paid. If the claim is not facially valid because the claimant has not provided all information needed to complete and...
Dispute Resolution for Claims. The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Class Member;
Dispute Resolution for Claims. (a) If PUBLISHER shall have a claim for nonpayment of any sums allegedly due hereunder against DISTRIBUTOR which DISTRIBUTOR disputes, or if DISTRIBUTOR shall have a claim against PUBLISHER for nonpayment of any sums allegedly due hereunder which PUBLISHER disputes, the aggrieved party (the "Claimant") shall send Notice to the other party of a claim for nonpayment (and as to PUBLISHER, within the time periods permitted by subparagraph 15(j) ("Notice of Dispute'')).
(b) If the claim for nonpayment is not resolved to the mutual satisfaction of both parties within Forty-Five (45) days after the Notice of Dispute is given, the Claimant may begin binding arbitration within twelve (12) months of the giving of the Notice of Dispute to resolve the claim. The parties agree that binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association under the auspices of its New York City chapter shall be the exclusive forum for resolving all such claims.
(c) Arbitration awards may be entered as a judgment in a court of competent jurisdiction. Failure to pay an arbitration award within fifteen (15) days of its issuance shall be grounds for termination of this Agreement by the party entitled to receive such payment.
(d) If at any time a Claimant has delivered Notices of Dispute to the other party with respect to claims which aggregate One Hundred Thousand Dollars ($100,000) or more, such party must submit all such claims to arbitration within ninety (90) days of the giving of the Notice of Dispute with respect to the claim which, when aggregated with such other claims, caused the claims first to exceed One Hundred Thousand Dollars ($100,000).
(e) DISTRIBUTOR shall retain all its rights to deduct any sums in dispute from an Initial Advance Payment or a Settlement Payment notwithstanding receipt of a Notice of Dispute by PUBLISHER demanding payment of the sum so deducted until the claim is resolved or an arbitration award is entered on such claim in PUBLISHER's favor.
Dispute Resolution for Claims. 2.10.1. The Claims Administrator will determine whether: (1) the claimant is a Settlement Class Member based on information to be provided to the Claims Administrator by Defendants counsel; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to support the claimants class membership and the expenses described in ¶¶ 2.2 and 2.3; and (3) the information submitted could lead a reasonable person to conclude that more likely than not the claimant has suffered the claimed unreimbursed cost, loss, or expenditure as a result of the Data Security Incident (collectively, Facially Valid). The Claims Administrator may, at any time, request from the claimant, in writing, additional information (Claim Supplementation) as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed unreimbursed costs, losses, or expenditures, available insurance and the status of any claims made for insurance benefits, and claims previously made for identity theft and the resolution thereof.
2.10.2. Upon receipt of an incomplete or unsigned Claim Form or a Claim Form that is not accompanied by sufficient documentation to determine whether the claim is Facially Valid, the Claims Administrator shall request Claim Supplementation and give the claimant thirty
Dispute Resolution for Claims. The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether:
Dispute Resolution for Claims. The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether:
(1) the claimant is a Settlement Class Member; (2) the Claim is timely submitted; and (3) the Claim includes all requisite information, requisite certification(s), and/or Reasonable Documentation required to complete a valid Claim Form, including, for example, any documentation that may be necessary to reasonably support the Settlement Benefits described herein and required for the Settlement Administrator to determine whether the claimed losses are fairly traceable to the Data Incident. 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. The Settlement Administrator is authorized to use best practices to determine the validity or invalidity of any Claim made by any Settlement Class Member.
Dispute Resolution for Claims. 21 2.4.1 The Claims Administrator, in its sole discretion to be reasonably exercised, will
Dispute Resolution for Claims. The Claims Administrator, in its sole discretion to
(1) Claimant is a Settlement Class Member; (2) Claimant has timely provided all information needed to complete the Claim Forms, including any documentation that may be necessary to reasonably support the expenses described in §§ 2.1, 2.2, or 2.3; and (3) the information submitted could lead a reasonable person to conclude that more likely than not the Claimant has suffered the claimed losses as a result of the Data Incident (collectively, “Facially Valid”). 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 evaluate the claim, e.g., documentation requested on the Claim Forms, information regarding the claimed losses, available insurance and the status of any claims made for insurance benefits, and claims previously made for identity theft and the resolution thereof.
Dispute Resolution for Claims. The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; and (2) the claimant has provided all information and Reasonable Documentation required to complete a valid Claim Form, including any documentation that may be necessary to reasonably support the Settlement Benefits described in Paragraphs 4.1 through 4. 4 and required for the Claims Administrator to determine whether the claimed losses are fairly traceable to the Incident (collectively, “Facially Valid”). 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 evaluate the Claim, e.g., Reasonable Documentation and information requested on the Claim Form, information regarding the claimed losses, available insurance and the status of any claims made for insurance benefits, and claims previously made for identity theft and the resolution thereof.
Dispute Resolution for Claims. 2.4.1 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether:
(1) the claimant is a Settlement Class Member; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support the out-of-expenses described in ¶¶ 2.1 and 2.2; and
