How a Claim is Approved Sample Clauses

How a Claim is Approved. To submit a claim, Settlement Class Members receiving a Postcard Notice may provide his or her name, a Claim Identification number assigned to each Postcard Notice, his or her cellular telephone number, and a current address to which the payment may be sent. If the claimant’s Claim Identification number matches the Claim Identification number assigned by the Claims Administrator, that claim will be approved, subject to the limitation that no more than one claim will be paid for each cellular telephone number belonging to each Settlement Class Member. Alternatively, if the claimant has no Claim Identification number, but the claimant’s cellular telephone number is confirmed on the Class list, the claim will be approved. The Claims Administrator shall configure the claims process to accept multiple claims submitted under a single cellular telephone number. However, the Claims Administrator shall implement procedures to identify instances in which more than three claims are submitted under the same cellular phone number and report such instances to the Parties to determine proper handling. ERC may take reasonable steps to verify that the claimant was called at the cellular phone number at issue during the Class Period. A Settlement Class Member who did not receive a Postcard Notice or does not have a Claim Identification Number available may submit a claim by providing his or her name, mailing address, and cellular telephone number(s) that she or he believes may have been called by ERC during the Class Period. A Settlement Class Member may submit more than one cellular phone number in connection with a claim until all numbers she or he believes may have been called have been checked against the Class List, limited to no more than six cellular phone numbers in each online or telephone submission session. If the submission is by a Claim Form that is mailed in, all such cellular phone numbers believed to have been called may be included in the Claim Form. The Claims Administrator shall check those submitted cellular phone numbers against the phone numbers in the Class List, immediately and electronically, if possible, at the time of the inquiry. If the claimant’s cellular telephone number matches a cellular telephone number in the Class List, that claim will be approved, subject to the limitation that no more than one claim will be paid to the same person for each cellular telephone number called. The provision of any telephone number during the claims process s...
AutoNDA by SimpleDocs
How a Claim is Approved. The claims process shall require only that the Settlement Class member provide his or her name, a Claim Identification number assigned to each postcard notice, if available, and, if the notice address is incorrect, a current address to which the cash payment may be sent. If the claimant’s name matches the name on the Notice Database or Class List generated from Xxxxx Fargo’s records, that claim will be approved, subject to the limitation that only one claim will be paid to each Settlement Class Member. However, some unascertainable number of Class Members are subscribers to phones used by Xxxxx Fargo customers or otherwise received calls intended for Xxxxx Fargo’s customers but are not identified within Xxxxx Fargo’s records and, hence, will not be within the Notice Database and Class List, and therefore likely learned of the Settlement by publication and / or internet notice. If a claimant cannot be identified as a Class Member by their Claim Identification number, or by their name and / or address, that claimant can then be asked for the cell phone number(s) upon which they believe they may have been called during the Class Period. If their cell phone number is on the Notice Database or Class List, even without a name and / or address, they are an Unidentified Class Member and are qualified to file a claim. If a Settlement Class Member submits a claim and qualifies for a monetary payment, he or she is a “Qualified Class Member.” Except as necessary to resolve issues related to denied settlement claims pursuant to Section 9.5, or to evaluate requests for exclusion and/or respond to objections, the Claims Administrator shall not provide to Defendant, their counsel or any of their agents any identifying information obtained from the Class Members for purposes of facilitating the Class Notice, Settlement Awards or claims administration, other than the names of persons submitting Settlement Claims. CLAIM REVIEW PROCESS
How a Claim is Approved. The claims process shall require only that the Settlement Class Member provide his or her name, the cellular telephone number called by I.C. System, the month and year in which the call was made, a Claim Identification number assigned to each postcard notice, if available, and, if the notice address is incorrect, a current address to which the cash payment may be sent. If the claimant’s telephone number provided matches the telephone number on the Notice Database or Class List generated from I.C. System’s records, that claim will be approved, subject to the limitation that only one claim will be paid to each Settlement Class Member. If a Settlement Class Member submits a claim and qualifies for a monetary payment, he or she is a “Qualified Class Member.” CLAIM REVIEW PROCESS
How a Claim is Approved. The claims process shall require only that the Settlement Class Member provide his or her name, a Claim Identification Number assigned to each postcard Notice, if available, and cellular telephone number. If the claimant’s cellular telephone number matches the cellular telephone number on the Notice Database or Class List generated from Defendant’s records, that claim will be approved, subject to the limitation that only one claim will be paid to each Settlement Class Member. If a Settlement Class Member submits a claim and qualifies for a monetary payment, he or she is a “Qualified Class Member”. Except as necessary to resolve issues related to denied Settlement Claims pursuant to Section 11.01, or to evaluate requests for exclusion and/or respond to objections, the Claims Administrator shall not provide to Defendant, their counsel or any of their agents any identifying information obtained from the Class Members for purposes of facilitating the Class Notice, Settlement Awards, or claims administration, other than the names of person submitting Settlement Claims.
How a Claim is Approved. The claims process requires only that the Settlement Class Member complete the Claim Form attached hereto as Exhibit C. If a Settlement Class Member submits a claim and qualifies for a monetary payment, he or she is a “Qualified Class Member.” Except as necessary to resolve issues related to challenged or denied claims or to evaluate requests for exclusion and/or respond to objections, the Claims Administrator shall not provide to the Parties, their counsel or any of their agents any identifying information obtained from the Class Members for purposes of facilitating the Class Notice, Settlement Awards or claims administration, other than the names of persons submitting Settlement Claims and requesting exclusion. XI. CLAIM REVIEW PROCESS
How a Claim is Approved. The Claims Administrator shall review all submitted Claims Forms to ensure they are complete and to screen for fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Text Message List. The Claims Administrator will reject a Claim Form where there is evidence of fraud. The Claims Administrator also will reject a Claim Form that does not contain all requested information, after giving the claimant a reasonable opportunity to provide any missing information. A Settlement Class Member may submit more than one cellular phone number in connection with a claim until all numbers at which the Class Member received Bluestem’s text messages have been checked against the Text Message List. The Claims Administrator shall check those submitted cellular phone numbers against the phone numbers in the Text Message List, immediately and electronically, if possible. If the claimant’s cellular telephone number matches a cellular telephone number on the Text Message List, the claimant provides the other information required by the Claim Form, and there is no evidence of fraud, that claim will be approved. The Claims Administrator may take reasonable steps to verify that the claimant was texted by or on behalf of Bluestem at the cellular phone number at issue during the Class Period. In the event that Bluestem or its counsel receives any new contact information regarding any Settlement Class Members, Bluestem and its counsel shall use such information solely in connection with this Settlement and for no other purpose.
How a Claim is Approved. The claims process shall require only that the Settlement Class Member provide his or her name, a Claim Identification Number assigned to each Direct Mail Notice, if available, and cellular telephone number. If the claimant’s name and/ or cellular telephone number matches the Notice Database or Class List generated from Defendants’ records, that claim will be approved, subject to the limitation that only one claim will be paid to each Settlement Class Member and the qualification that each claim must be timely submitted in order to be approved. If a Settlement Class Member submits a claim and qualifies for the relief provided valid Class Members, he or she is a “Qualified Class Member.” Except as necessary to resolve issues related to denied Settlement Claims or to evaluate requests for exclusion and/or respond to objections, the Claims Administrator shall not provide to Defendants, their counsel, or any of their agents any identifying information obtained from the Class Members for purposes of facilitating the Class Notice, Settlement Awards, or claims administration, other than the names of persons submitting Settlement Claims.
AutoNDA by SimpleDocs

Related to How a Claim is Approved

  • Sending a Claim Notice Before beginning a lawsuit, mediation or arbitration, you and we agree to send a written notice (a claim notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. Go to xxxxxxxxxxxxxxx.xxx/ claim for a sample claim notice. The claim notice must describe the claim and state the specific relief demanded. Notice to you may be provided by your billing statement or sent to your billing address. Notice to us must include your name, address and Account number and be sent to American Express ADR c/o CT Corporation System, 00 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000. If the claim proceeds to arbitration, the amount of any relief demanded in a claim notice will not be disclosed to the arbitrator until after the arbitrator rules.

  • Direct Claims Any Action by an Indemnified Party on account of a Loss which does not result from a Third Party Claim (a “Direct Claim”) shall be asserted by the Indemnified Party giving the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than 30 days after the Indemnified Party becomes aware of such Direct Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Direct Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have 30 days after its receipt of such notice to respond in writing to such Direct Claim. The Indemnified Party shall allow the Indemnifying Party and its professional advisors to investigate the matter or circumstance alleged to give rise to the Direct Claim, and whether and to what extent any amount is payable in respect of the Direct Claim and the Indemnified Party shall assist the Indemnifying Party’s investigation by giving such information and assistance (including access to the Company’s premises and personnel and the right to examine and copy any accounts, documents or records) as the Indemnifying Party or any of its professional advisors may reasonably request. If the Indemnifying Party does not so respond within such 30 day period, the Indemnifying Party shall be deemed to have rejected such claim, in which case the Indemnified Party shall be free to pursue such remedies as may be available to the Indemnified Party on the terms and subject to the provisions of this Agreement.

  • Third Party Claim A Claim where there is (a) a claim, demand, suit or action by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party.

  • Indemnification Claims (a) An Indemnified Party shall give written notification to the Indemnifying Party of the commencement of any Third Party Action. Such notification shall be given within 20 days after receipt by the Indemnified Party of notice of such Third Party Action, and shall describe in reasonable detail (to the extent known by the Indemnified Party) the facts constituting the basis for such Third Party Action and the amount of the claimed damages; provided, however, that no delay or failure on the part of the Indemnified Party in so notifying the Indemnifying Party shall relieve the Indemnifying Party of any liability or obligation hereunder except to the extent of any damage or liability caused by or arising out of such failure. Within 20 days after delivery of such notification, the Indemnifying Party may, upon written notice thereof to the Indemnified Party, assume control of the defense of such Third Party Action with counsel reasonably satisfactory to the Indemnified Party; provided that (i) the Indemnifying Party may only assume control of such defense if (A) it acknowledges in writing to the Indemnified Party that any Damages that may be assessed against the Indemnified Party in connection with such Third Party Action constitute Damages for which the Indemnified Party shall be indemnified pursuant to this Article VII and (B) the amount of damages claimed is less than or equal to the amount of Damages for which the Indemnifying Party is liable under this Article VII and (ii) the Indemnifying Party may not assume control of the defense of Third Party Action involving criminal liability or in which equitable relief is sought against the Indemnified Party. If the Indemnifying Party does not, or is not permitted under the terms hereof to, so assume control of the defense of a Third Party Action, the Indemnified Party shall control such defense. The Non-controlling Party may participate in such defense at its own expense. The Controlling Party shall keep the Non-controlling Party advised of the status of such Third Party Action and the defense thereof and shall consider in good faith recommendations made by the Non-controlling Party with respect thereto. The Non-controlling Party shall furnish the Controlling Party with such information as it may have with respect to such Third Party Action (including copies of any summons, complaint or other pleading which may have been served on such party and any written claim, demand, invoice, billing or other document evidencing or asserting the same) and shall otherwise cooperate with and assist the Controlling Party in the defense of such Third Party Action. Notwithstanding any other provision of this Agreement, the reasonable fees and expenses of counsel to the Indemnified Party with respect to a Third Party Action shall be considered Damages for purposes of this Agreement if (i) the Indemnified Party controls the defense of such Third Party Action pursuant to the terms of this Section 7.3(a) or (ii) the Indemnifying Party assumes control of such defense and the Indemnified Party reasonably concludes that the Indemnifying Party and the Indemnified Party have conflicting interests or different defenses available with respect to such Third Party Action. The Indemnifying Party shall not agree to any settlement of, or the entry of any judgment arising from, any Third Party Action without the prior written consent of the Indemnified Party, which shall not be unreasonably withheld, conditioned or delayed. If the Indemnified Party withholds its consent to any such settlement or entry of judgment which settlement or entry of judgment relates to cash Damages only, then the liability of the Indemnifying Party to the Indemnified Party with respect to the matter which would have been concluded or settled shall be limited to the amount for which such matters could have been concluded or settled but for the fact the Indemnified Party withheld its consent. The Indemnified Party shall not agree to any settlement of, or the entry of any judgment arising from, any such Third Party Action without the prior written consent of the Indemnifying Party, which shall not be unreasonably withheld, conditioned or delayed.

  • Third Party Claims If any Indemnified Party receives notice of the assertion or commencement of any Action made or brought by any Person who is not a party to this Agreement or an Affiliate of a party to this Agreement or a Representative of the foregoing (a “Third-Party Claim”) against such Indemnified Party with respect to which the Indemnifying Party is obligated to provide indemnification under this Agreement, the Indemnified Party shall give the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than thirty (30) calendar days after receipt of such notice of such Third-Party Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Third-Party Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have the right to participate in, or by giving written notice to the Indemnified Party, to assume the defense of any Third-Party Claim at the Indemnifying Party’s expense and by the Indemnifying Party’s own counsel, and the Indemnified Party shall cooperate in good faith in such defense. In the event that the Indemnifying Party assumes the defense of any Third-Party Claim, subject to Section 8.03(b), it shall have the right to take such action as it deems necessary to avoid, dispute, defend, appeal or make counterclaims pertaining to any such Third-Party Claim in the name and on behalf of the Indemnified Party. The Indemnified Party shall have the right to participate in the defense of any Third-Party Claim with counsel selected by it subject to the Indemnifying Party’s right to control the defense thereof, provided that the fees and disbursements of such counsel shall be at the expense of the Indemnified Party.

  • Defense of Third Party Claims Upon receipt by the Indemnifying Party of a notice from the Indemnified Party with respect to any claim of a third party against the Indemnified Party, for which the Indemnified Party seeks indemnification hereunder, the Indemnifying Party shall have the right to assume the defense of such claim, and the Indemnified Party shall cooperate to the extent reasonably requested by the Indemnifying Party in defense or prosecution thereof and shall furnish such records, information and testimony and attend all such conferences, discovery proceedings, hearings, trials and appeals as may be reasonably requested by the Indemnifying Party in connection therewith. If the Indemnifying Party shall elect to assume the defense of such claim, the Indemnified Party shall have the right to employ its own counsel in any such case, but the fees and expenses of such counsel shall be at the expense of the Indemnified Party. If the Indemnifying Party has assumed the defense of any claim against the Indemnified Party, the Indemnifying Party shall have the right to settle any claim for which indemnification has been sought and is available hereunder; provided that, to the extent that such settlement requires the Indemnified Party to take, or prohibits the Indemnified Party from taking, any action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnified Party, such consent not to be unreasonably withheld, conditioned or delayed. If the Indemnifying Party does not assume the defense of a third party claim and disputes the Indemnified Party’s right to indemnification, the Indemnified Party shall have the right to assume control of the defense of such claim through counsel of its choice, the reasonable costs of which shall be at the Indemnifying Party’s expense in the event that the Indemnified Party’s right of indemnification is ultimately established through settlement, compromise or other legal proceeding. In no circumstance may the Indemnified Party compromise or settle a claim with a third party for which it seeks indemnification from the Indemnifying Party without first obtaining the prior written consent of the Indemnifying Party, such consent not to be unreasonably withheld, conditioned or delayed.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!