Ongoing Primary Claims Clause Samples

Ongoing Primary Claims. In order for an Eligible Claimant to become an Approved Ongoing Primary Claimant, the Claims Administrator must be satisfied that: (i) the Eligible Claimant forwarded a properly completed and executed Registration Form to the Claims Administrator postmarked on or before the Ongoing Registration Deadline; (ii) the Eligible Claimant forwarded Product Identification Documentation to the Claims Administrator postmarked on or before the Ongoing Registration Deadline and such documentation meets the criteria outlined in Section 3, above, of this Exhibit D; (iii) the Eligible Claimant forwarded a properly completed and executed Claim Form to the Claims Administrator postmarked on or before the conclusion of the First Ongoing Primary Claim Allocation Period, as defined in Subparagraph 8.4(i) below, or the Final Claim Deadline; (iv) the Eligible Claimant forwarded Supporting Medical Documentation to the Claims Administrator postmarked on or before the conclusion of the First Ongoing Allocation Period or the Final Claim Deadline and such documentation establishes that she has or had at least one Designated Medical Condition and meets the criteria outlined in Section 4, above, of this Exhibit D; (v) the Eligible Claimant forwarded a properly completed and executed Release of Dow Corning and the Released Parties to the Claims Administrator; and (vi) the Eligible Claimant otherwise meets the criteria and prerequisites for compensation set forth in this Agreement. Subject to the limitations set forth in Section 7, below, of this Exhibit D, each Approved Ongoing Primary Claimant shall be entitled to receive payment and compensation to be calculated in accordance with the ratios indicated in the Compensation Schedule, attached as Exhibit A-1 to the Agreement. By filing an Ongoing Primary Claim, a Settling Claimant waives any and all rights she would have had to file an Expedited Primary Claim or a Dow Corning Breast Implant Raw Materials Claim.