Common use of Payment to Claimants Clause in Contracts

Payment to Claimants. a. Any Settlement Class Member who believes he or she was misled into purchasing the Book shall be entitled to make a claim for compensation. In order to make a claim, the class member shall complete a claim form (“Claim Form”) and return the Claim Form to the Settlement Administrator (as defined in paragraph 14 herein). The Claim Form shall be made available to Settlement Class Members via mail if they request one from the Settlement Administrator or via download from one or more internet websites. Each Settlement Class member who submits a valid claim shall be identified herein as a “Claimant.” b. The Claim Form will require Claimants to provide the following information: name, address, the approximate date on which the Book was purchased, the media that was purchased, and the amount spent on the purchase. Claimants must also provide a sworn statement indicating that they believe they were misled by the marketing of the Book. The form of the Claim Form is attached as Exhibit A hereto. c. In order to provide proof that the Claimant (a) purchased the Book and (b) feels misled by the marketing relating to the Book, Claimants shall tear off the front cover of the trade paperback and return it with their Claim Form to the Settlement Administrator. If a Claimant purchased the Book in some other media, in lieu of the front cover, he or she shall provide the following: if in hardcover, return p. 163; if in CD or cassette, some portion of the container in which the media was housed, and if in some other media, some proof of purchase or other supporting documentation. d. All Claim Forms must be received by the Settlement Administrator on or before May 15, 2007, or such other date as set by the Court (the “Claims Expiration Date”). Any Claim Form that is received after the Claims Expiration Date, and any claim submission that fails to include any of the information referenced in sections 4(b) and (c) above, or that is sent to any address other than the one designated in the Claim Form, shall be invalid and the person(s) submitting such a Claim Form shall not be entitled to any relief provided pursuant to this Settlement Agreement. e. Subject to the limitations of paragraph 5, each Claimant who submits a valid claim shall be eligible to receive the amount listed on their Claim Form paid in full, provided that the amount does not exceed the Full Retail Price of the Book. The Full Retail Price of the Book is defined as $23.95 for the hardcover, $14.95 for the trade paperback, $34.95 for the for the audio book, and $9.95 for the e-book. f. Within 60 days after the Claims Expiration Date as described in paragraph 4(d) above, each Claimant who is determined to have a valid claim shall be sent a check for the amount to be paid on their claim (“Settlement Payment Check”) to be determined in accordance with paragraphs 4 and 5. Upon completion of the distribution of checks, Defendants (or the Settlement Administrator) shall provide Settlement Class Counsel with a list of the Claimants to whom checks were distributed, and the amount of such checks. Any disputes regarding payment of Settlement Payment Checks to Claimants shall be addressed by and between Co-Lead Class Counsel and counsel for the Defendants.