Common use of Reassessment Clause in Contracts

Reassessment. After receiving an objection from a Class 1 or Class 3 Member, DuPont may elect to reassess the property of such Settlement Class Member, including performing a site revisit should DuPont so choose. If DuPont elects to perform such a reassessment, DuPont reserves the right to use any tree evaluation or measurement observed during the reassessment (pursuant to the requirements of Exhibits 19 and 20) to recalculate the compensation offered, regardless of whether that tree was a subject of the objection and regardless of whether the reassessment reduces the compensation provided. If an Amended Claim Resolution Agreement is provided to the Settlement Class Member, the Amended Claim Resolution Agreement shall be the operative assessment of the Settlement Class Member’s property from that date. The Settlement Class Member will need to determine whether to 1) accept the Amended Claim Resolution Agreement offered by DuPont and receive the compensation outlined therein; 2) participate in the Settlement, raise an appeal with the Panel after this Agreement is Final, and have compensation paid after the Panel ruling; or 3) opt-out by the Opt-Out Deadline, if such deadline has not passed. If a Settlement Class Member receives a ruling from DuPont concerning his/her/its objection and does not provide notice to DuPont selecting one of these three options within 30 days after the Settlement Class Member receives notice that the Agreement has become Final or 30 days after the Settlement Class Member receives his, her, or its proposed CRA under the Settlement, whichever is later, the Settlement Class Member will be deemed to have accepted XxXxxx’x Amended Claim Resolution Agreement.

Reassessment. After receiving a Notice of Intent to File an objection Appeal from a Class 1 or Class 3 Member, DuPont may elect to reassess the property of such Settlement Class Member, including performing a site revisit should DuPont so choose. If DuPont elects to perform such a reassessment, DuPont reserves the right to use any tree evaluation or measurement observed during the reassessment (pursuant to the requirements of Exhibits 19 and 20) to recalculate the compensation offered, regardless of whether that tree was a subject of the objection appeal and regardless of whether the reassessment reduces increases or decreases the compensation provided. If DuPont provides a revised assessment (a revised statement of compensation under the Settlement prepared after the Agreement has become Final) or provides an Amended Claim Resolution Agreement is provided to before the Settlement Class Memberfiling of an appeal with the Panel, the revised assessment or Amended Claim Resolution Agreement shall be the operative assessment of the Settlement Class Member’s property from that date. The , and the Settlement Class Member will need to determine whether to 1) may either accept the revised assessment or Amended Claim Resolution Agreement offered by DuPont and receive or appeal from the compensation outlined therein; 2) participate in the Settlement, raise an appeal with the Panel after this Agreement is Final, and have compensation paid after the Panel ruling; revised assessment or 3) opt-out by the Opt-Out Deadline, if such deadline has not passed. If a Settlement Class Member receives a ruling from DuPont concerning his/her/its objection and does not provide notice to DuPont selecting one of these three options within 30 days after the Settlement Class Member receives notice that the Agreement has become Final or 30 days after the Settlement Class Member receives his, her, or its proposed CRA under the Settlement, whichever is later, the Settlement Class Member will be deemed to have accepted XxXxxx’x Amended Claim Resolution Agreement. Settlement Class Members who receive an Amended CRA or are in discussions with DuPont after they file a Notice of Intent to Appeal will need to notify DuPont pursuant to the procedure set forth in Exhibit 29 if they still wish to Appeal, but they need not file another Notice of Intent to Appeal.