Re-Plumb Claims for Claimants with Multiple Qualifying Leaks Sample Clauses

Re-Plumb Claims for Claimants with Multiple Qualifying Leaks. An Eligible Claimant who demonstrates that their residential structure has experienced Multiple Qualifying Leaks in Covered Products has the option of requesting a payment relating to a complete re-plumb of relevant PEX Tubing. Such Claims must be submitted to the Settlement Administrator within one hundred (100) days after the Effective Date if the third Qualifying Leak occurred before the Effective Date, or otherwise must be submitted within one hundred (100) days after the third Qualifying Leak occurs, though the Settlement Administrator may extend these periods an additional fifty (50) days for a particular Claimant upon a showing of good cause as determined by the Settlement Administrator. An explanation in a Claim Form under oath reasonably demonstrating that the Claimant was precluded from submitting a claim form due to circumstances beyond the Claimant’s control shall constitute good cause. The “Re-Plumb Calculation” shall be based upon either (1) a calculated total re-plumb cost at a rate of $650.00 per plumbing fixture and $433.00 per plumbing half fixture (as defined in Exhibit 4) present in the residential structure (e.g., the Re-Plumb Calculation for a home with 13 fixtures would be $9,392.50); provided, however, that the Re-Plumb Calculation shall be limited to a maximum of $16,000.00 per structure, or (2) a bona fide bid for the re-plumb (to be verified as bona fide by the Settlement Administrator). A schedule of qualifying fixtures and half fixtures is attached hereto as Exhibit 4 and shall be used by the Settlement Administrator in determining the amount of an Eligible Claimant’s Re-Plumb Calculation under this Paragraph and sub-parts. Eligible Claimants shall receive an initial payment of 70% of the Re-Plumb Calculation, and at the end of the Claim Period, the Eligible Claimants shall receive a second pro rata payment which, depending on the claim rate, shall make the total payment up to 80% of their Re-Plumb Calculation. If an Eligible Claimant is compensated for a re-plumb claim, that Eligible Claimant and their residential or commercial structure are no longer eligible to make any Future Property Damage Claims. To the extent an Eligible Claimant’s residential or commercial structure experienced Multiple Qualifying Leaks in Covered Products and the Eligible Claimant paid for a complete re-plumb of Covered Products in the Eligible Claimant’s structure before the Effective Date, the Eligible Claimant may request payment consistent with th...
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Re-Plumb Claims for Claimants with Multiple Qualifying Leaks. An Eligible Claimant who demonstrates that their residential structure has experienced Multiple Qualifying Leaks, each one occurring in such a manner that replumbing all or part of the structure would mitigate future events, has the option of requesting a payment relating to a complete re- plumb of relevant PEX Tubing, Clamps, and Fittings. Such Claims must be submitted to the Settlement Administrator within 100 days after the Effective Date if the third Qualifying Leak occurred before the Effective Date, or otherwise must be submitted within 100 days after the third Qualifying Leak occurs, though the Settlement Administrator may extend these periods for a particular Claimant upon a showing of good cause as determined by the Settlement Administrator. An explanation in a Claim Form under oath reasonably demonstrating that the Claimant was precluded from submitting a Claim Form due to circumstances beyond the Claimant’s control shall constitute good cause. The amount of the payment (the “Re-Plumb Calculation”) shall be calculated at a rate of $722.50 per plumbing fixture present in the residential structure (e.g., the Re-Plumb Calculation for a home with 13 fixtures would be $9,392.50). A schedule of qualifying fixtures and half-fixtures is attached hereto as Exhibit 4 and shall be used by the Settlement Administrator in determining the amount of an Eligible Claimant’s Re-Plumb Calculation under this Paragraph and sub-parts. The Re-Plumb calculation shall also include calculation, where applicable and necessary, for replacement of the main water service line at a rate of $828.75.

Related to Re-Plumb Claims for Claimants with Multiple Qualifying Leaks

  • Indemnity Limitation for TIPS Sales Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.

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