Common use of Dispute Resolution for Claims Clause in Contracts

Dispute Resolution for Claims. 2.7.1. 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 Defendant’s counsel; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to support the claimant’s Settlement Class membership and the expenses described in ¶ 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 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, and 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. 2.7.2. 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 (30) days to cure the defect before rejecting the claim. Requests for Claim Supplementation shall be made within thirty (30) days of receipt of such Claim Form or thirty (30) days from the Effective Date, whichever comes later. In the event of unusual circumstances interfering with compliance during the 30-day period, the claimant may request and, for good cause shown (illness, military service, out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30-day deadline in which to comply; however, in no event shall the deadline be extended to later than six months from the Effective Date. If the defect is not cured, then the claim will be deemed invalid and there shall be no obligation to pay the claim. 2.7.3. Following receipt of additional information requested as Claim Supplementation, the Claims Administrator shall have thirty (30) 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 Claims 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 the Claim Form and evaluate the claim, then the Claims Administrator shall reject the claim without any further action. 2.7.4. Settlement Class Members shall have thirty (30) days from receipt of the offer to accept or reject any offer of partial payment received from the Claims Administrator. If a Settlement Class Member rejects an offer from the Claims Administrator, the Claims Administrator shall have fifteen (15) days to reconsider its initial adjustment amount and make a final determination. 2.7.5. The Claims Administrator shall provide the Settling Parties’ counsel with a summary of Facially Valid Claims on a monthly basis, stating the types of claims, the total approved claim amounts by claim type, and a description of the support provided for claims for reimbursement for Out-of-Pocket Losses. Within fifteen (15) days after receiving such summary, one or more of the Settling Parties may object to any claim and instruct the Claims Administrator to withhold approval of said Facially Valid Claim so that the objecting party may seek review of said claim by a third-party Settlement Referee agreed upon by the Parties or appointed by the Court if no such agreement is reached.

Dispute Resolution for Claims. 2.7.1. 2.5.1 The Claims Administrator Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1i) the claimant is a Settlement Class Member based on information to be provided to the Claims Administrator by Defendant’s counselMember; (2ii) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support the claimant’s Settlement Class membership and the expenses described in ¶ 2.32.1; and (3iii) 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 Security Incident (collectively, “Facially Valid”)Data Incident. 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, and information required documentation regarding the claimed losses, available insurance . The Claims Administrator’s initial review will be limited to a determination of whether the claim is complete and the status of plausible. For any claims made that the Claims Administrator determines to be implausible, the Claims Administrator will submit those claims to the Settling Parties (one Plaintiff’s lawyer shall be designated to fill this role for insurance benefitsPlaintiff). If the Settling Parties do not agree with the Claimant’s claim, after meeting and conferring, then the claim shall be referred to a claims previously made referee for identity theft and resolution. The Settling Parties will mutually agree on the resolution thereofclaims referee should one be required. 2.7.2. 2.5.2 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 Validfacially valid, the Claims Administrator shall request additional information (“Claim Supplementation Supplementation”) and give the claimant thirty twenty-one (3021) days to cure the defect before rejecting the claim. Requests for Claim Supplementation shall be made within thirty (30) days of receipt of such Claim Form or thirty (30) days from the Effective Date, whichever comes later. In the event of unusual circumstances interfering with compliance during the 30twenty-one (21) day period, the claimant may request and, for good cause shown (illness, military service, out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30twenty-one (21) day deadline in which to comply; however, in no event shall the deadline be extended to later than six (6) months from the Effective Date. If the defect is not timely cured, then the claim will be deemed invalid and there shall be no obligation to pay the claim. 2.7.3. 2.5.3 Following receipt of additional information requested as Claim Supplementationby the Claims Administrator, the Claims Administrator shall have thirty ten (3010) 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 Claims Administrator determines that such a claim is Facially Validfacially valid, then the claim shall be paid. If the Claim Administrator determines that such a claim is not Facially Valid facially valid because the claimant has not provided all information needed to complete the Claim Form and enable the Claim Administrator to evaluate the claim, then the Claims Claim Administrator shall may reject the claim without any further action. If the claim is rejected in whole or in part, for other reasons, then the claim shall be referred to the claims referee. 2.7.42.5.4 If any dispute is submitted to the claims referee, the claims referee may approve the Claims Administrator’s determination by making a ruling within fifteen (15) days of the claims referee’s receipt of the submitted dispute. Settlement Class Members shall have The claims referee may make any other final determination of the dispute or request further supplementation of a claim within thirty (30) days from of the claims referee’s receipt of the offer to accept or reject any offer of partial payment received from submitted dispute. The claims referee’s determination shall be based on whether the Claims Administratorclaims referee is persuaded that the claimed amounts are reasonably supported in fact and were more likely than not caused by the Data Incident. If a Settlement Class Member rejects an offer from the Claims Administrator, the Claims Administrator The claims referee shall have fifteen (15) days the power to reconsider its initial adjustment amount approve a claim in full or in part. The claims referee’s decision will be final and non-appealable. Any claimant referred to the claims referee shall reasonably cooperate with the claims referee, including by either providing supplemental information as requested or, alternatively, signing an authorization allowing the claims referee to verify the claim through third- party sources, and failure to cooperate shall be grounds for denial of the claim in full. The claims referee shall make a final determination. 2.7.5. The Claims Administrator shall provide the Settling Parties’ counsel with a summary of Facially Valid Claims on a monthly basis, stating the types of claims, the total approved claim amounts by claim type, and a description decision within thirty (30) days of the support provided for claims for reimbursement for Out-of-Pocket Losses. Within fifteen (15) days after receiving such summary, one or more latter of the Settling Parties may object to any claim following events: its receipt of the submitted dispute and instruct the Claims Administrator to withhold approval receipt of said Facially Valid Claim so that the objecting party may seek review of said claim by a third-party Settlement Referee agreed upon by the Parties or appointed by the Court if no such agreement is reachedall supplemental information requested.

Dispute Resolution for Claims. 2.7.1. The Claims Administrator will determine whether: (1a) 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 claimant is a Settlement Class Member based on information to be provided aggrieved party (the "Claimant") shall send Notice to the Claims Administrator other party of a claim for nonpayment (and as to PUBLISHER, within the time periods permitted by Defendant’s counsel; subparagraph 15(j) (2"Notice of Dispute'')). (b) If the claimant has provided all information needed claim for nonpayment is not resolved to complete the Claim Formmutual satisfaction of both parties within Forty-Five (45) days after the Notice of Dispute is given, including any documentation that the Claimant may be necessary to support the claimant’s Settlement Class membership and the expenses described in ¶ 2.3; and begin binding arbitration within twelve (312) 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 months of the Security Incident (collectively, “Facially Valid”). The Claims Administrator may, at any time, request from giving of the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Administrator may reasonably require in order Notice of Dispute to evaluate the claim, e.g., documentation requested on the Claim Form, and 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. 2.7.2. 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 (30) days to cure the defect before rejecting resolve the claim. Requests for Claim Supplementation 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 made within thirty the exclusive forum for resolving all such claims. (30c) days Arbitration awards may be entered as a judgment in a court of receipt of such Claim Form or thirty (30) days from the Effective Date, whichever comes latercompetent jurisdiction. In the event of unusual circumstances interfering with compliance during the 30-day period, the claimant may request and, for good cause shown (illness, military service, out of the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30-day deadline in which to comply; however, in no event shall the deadline be extended to later than six months from the Effective Date. If the defect is not cured, then the claim will be deemed invalid and there shall be no obligation Failure to pay the claim. 2.7.3. Following receipt of additional information requested as Claim Supplementation, the Claims Administrator shall have thirty (30) 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 Claims 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 the Claim Form and evaluate the claim, then the Claims Administrator shall reject the claim without any further action. 2.7.4. Settlement Class Members shall have thirty (30) days from receipt of the offer to accept or reject any offer of partial payment received from the Claims Administrator. If a Settlement Class Member rejects an offer from the Claims Administrator, the Claims Administrator shall have arbitration award within fifteen (15) days of its issuance shall be grounds for termination of this Agreement by the party entitled to reconsider its initial adjustment amount and make a final determinationreceive such payment. 2.7.5. The Claims Administrator shall provide (d) If at any time a Claimant has delivered Notices of Dispute to the Settling Parties’ counsel other party with a summary 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 Facially Valid Claims on a monthly basisthe giving of the Notice of Dispute with respect to the claim which, stating the types of when aggregated with such other claims, caused the total approved claim amounts 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 claim type, and a description PUBLISHER demanding payment of the support provided for claims for reimbursement for Out-of-Pocket Losses. Within fifteen (15) days after receiving sum so deducted until the claim is resolved or an arbitration award is entered on such summary, one or more of the Settling Parties may object to any claim and instruct the Claims Administrator to withhold approval of said Facially Valid Claim so that the objecting party may seek review of said claim by a third-party Settlement Referee agreed upon by the Parties or appointed by the Court if no such agreement is reachedin PUBLISHER's favor.

Dispute Resolution for Claims. 2.7.1. 2.5.1 The Claims Administrator Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1i) the claimant is a Settlement Class Member based on information to be provided to the Claims Administrator by Defendant’s counselMember; (2ii) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support the claimant’s Settlement Class membership and the expenses described in ¶ 2.32.1; and (3iii) 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 Security Incident (collectively, “Facially Valid”)Data Incident. The Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information (“Claim Supplementation”) as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, and information required documentation regarding the claimed losses, available insurance and the status . The Settlement Administrator’s initial review will be limited to a determination of any claims made for insurance benefits, and claims previously made for identity theft and the resolution thereof. 2.7.2. 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 Validcomplete and plausible. For any claims that the Settlement Administrator determines to be implausible, the Claims Settlement Administrator shall request Claim Supplementation and give will submit those claims to the claimant thirty Settling Parties (30) days to cure the defect before rejecting the claim. Requests for Claim Supplementation Xxxxxxxx Xxxxx shall be made within thirty (30) days of receipt of such Claim Form or thirty (30) days from the Effective Datedesignated to fill this role for all Plaintiff). If, whichever comes later. In the event of unusual circumstances interfering with compliance during the 30-day periodupon meeting and conferring, the claimant may request and, for good cause shown (illness, military service, out of Settling Parties disagree as to the country, mail failures, lack of cooperation of third parties in possession of required information, etc.), shall be given a reasonable extension of the 30-day deadline in which to comply; however, in no event shall the deadline be extended to later than six months from the Effective Date. If the defect is not curedClaim validity, then the claim will be deemed invalid and there Claim shall be no obligation referred back to pay the claimSettlement Administrator for final determination on the Claim’s validity. 2.7.3. 2.5.2 Following timely receipt of additional information requested as Claim Supplementationpursuant to a request by the Settlement Administrator under ¶ 2.4.1, the Claims Settlement Administrator shall have thirty (30) 10 days to accept, in whole or lesser amount, accept or reject each claimthe Claim. If, after review of the claim Claim and all documentation submitted by the claimant, the Claims Settlement Administrator determines that such a claim Claim is Facially Validvalid, then the claim Claim shall be paid. If the claim Claim is not Facially Valid valid because the claimant has not provided all the information needed to complete requested by the Claim Form and evaluate the claimSettlement Administrator, then the Claims Settlement Administrator shall may reject the claim Claim without any further action. A defect in one Claim shall not cause rejection of any other Valid Claim submitted by the claimant. 2.7.4. Settlement 2.5.3 Class Members shall have thirty (30) 10 days from receipt of the offer approval of a Claim that provides a payment that deviates from the losses described on the Claim Form to accept or reject any offer of partial payment received from the Claims Administrator. If a Settlement Class Member rejects an offer from the Claims Administrator, the Claims Administrator shall have fifteen (15) days to reconsider its initial adjustment amount and make a final determinationClaim. 2.7.5. The Claims Administrator shall provide the Settling Parties’ counsel with a summary of Facially Valid Claims on a monthly basis, stating the types of claims, the total approved claim amounts by claim type, and a description of the support provided for claims for reimbursement for Out-of-Pocket Losses. Within fifteen (15) days after receiving such summary, one or more of the Settling Parties may object to any claim and instruct the Claims Administrator to withhold approval of said Facially Valid Claim so that the objecting party may seek review of said claim by a third-party Settlement Referee agreed upon by the Parties or appointed by the Court if no such agreement is reached.