Common use of SUBMISSION AND EVALUATION OF CLAIMS Clause in Contracts

SUBMISSION AND EVALUATION OF CLAIMS. 57. All claims must be submitted on a Claim Form. The Claim Form will require each Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and contact email address; an affirmation that he/she scanned his or her face, finger, or another biometric identifer using Defendant’s Biometric Timekeeping System within the state of Illinois during the relevant time period; and a signature. 58. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. The Claim Form shall be substantially in the form attached hereto as Exhibit A. 59. Completed Claim Forms shall be submitted directly to the Settlement Administrator either electronically via the Settlement Website, via electronic mail, or via U.S. Mail, for processing, assessment, and payment. 60. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. For any partially-completed Claim Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted the Claim Form at least one time by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Claim Form, and (ii) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the regular mail notice to the Settlement Class Member regarding the deficiencies in the Claim Form, whichever is later, to cure the error(s) and/or omission(s) in the Claim Form. 61. A Settlement Class Member is not entitled to any compensation from the Settlement Fund if he or she submits a Claim Form after the Claims Deadline, and/or if the Claim Form is incomplete after an opportunity to cure any error(s) and/or omission(s), as provided in the preceding Paragraph, or contains false information. 62. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are incomplete (subject to Paragraph 60, above) and/or where there is evidence of abuse and/or fraud. 63. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”), and, upon request, shall include an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all initially rejected Claims (“Initially Rejected Claims List”), and, upon request, shall include an electronic PDF copy of all such initially rejected Claim Forms. 64. Counsel for the Parties shall have seven (7) days after the date they receive the Initially Approved Claims List and related Claim Forms to audit and challenge any initially approved claims. Within seven (7) days after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. 65. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have seven (7) days after the date they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within seven (7) days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. 66. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If neither Class Counsel nor Defendant’s Counsel have any challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Counsel inform each other by email that the Parties do not have any objection to the claims determination made by the Settlement Administrator or the time for informing each other of such challenges has lapsed. 67. Within seven (7) days of the Claims Finalization Date, the Settlement Administrator shall provide Counsel for the Parties with a spreadsheet setting forth the claim number, claimant name, and claimant address, and totaling the amount to be paid for each claimant, which shall be an equal amount for each approved claim (the “Final Claims List”). 68. In the event that checks sent to Settlement Class Members are not cashed within One Hundred (100) days after their date of issuance, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this Settlement Agreement, provided the Court's revision does not increase the amount that Defendant would otherwise pay under this Settlement Agreement.

SUBMISSION AND EVALUATION OF CLAIMS. 57. a. All claims must be submitted on a Claim Form. The Claim Form will require each the Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and contact email an optional e-mail address; an affirmation that he/she scanned his or her face, finger, or another biometric identifer using Defendant’s was subject to the Biometric Timekeeping Password System within at issue in the state of Illinois during the relevant time periodLitigation; and a signature. 58. b. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. The Claim Form shall be substantially in the form attached hereto as Exhibit A.A. FILED DATE: 11/18/2019 1:44 PM 2019CH08517 59. c. Completed Claim Forms shall be submitted directly to the Settlement Administrator either electronically via the Settlement Website, via electronic mailElectronic Mail, or via U.S. Mail, Mail for processing, assessment, and payment. 60. d. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. For any partially-completed Claim Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted the Claim Form at least one time by e-mail or, if no e-mail address is available, by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Claim Form, Form and (ii) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the e-mail or regular mail notice to the Settlement Class Member regarding the deficiencies in the Claim Form, whichever is later, to cure the error(s) and/or omission(s) in the Claim Form. 61. e. A Settlement Class Member is not entitled to any compensation from the Settlement Fund if he or she submits a Claim Form after the Claims Deadline, and/or if the Claim Form is incomplete after an opportunity to cure any error(s) and/or omission(s), as provided in the preceding Paragraph, ) or contains false information. 62. f. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its sole discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are incomplete (subject to Paragraph 60, above) and/or where there is evidence of abuse and/or fraud. 63. g. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”), and, upon request, and shall include an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all initially rejected Claims (“Initially Rejected Claims List”), and, upon request, and shall include an electronic PDF copy of all such initially rejected Claim Forms. 64. h. Counsel for the Parties shall have seven twenty-one (721) days after the date they receive the Initially Approved Claims List and related Claim Forms to audit and challenge any initially approved claims. Within seven twenty-one (721) days FILED DATE: 11/18/2019 1:44 PM 2019CH08517 after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. 65. i. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have seven twenty- one (721) days after the date they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within seven twenty-one (721) days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. 66. j. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If neither Class Counsel nor Defendant’s Defendants’ Counsel have any challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Defendants’ Counsel inform each other by email that the Parties do not have any objection to the claims determination made by the Settlement Administrator or the time for informing each other of such challenges has lapsed. 67. k. Within seven (7) days of the Claims Finalization Date, the Settlement Administrator shall provide Counsel for the Parties with a spreadsheet setting forth the claim number, claimant name, and claimant address, and totaling the amount to be paid for each claimant, which shall be an equal amount for each approved claim (the “Final Claims List”). Within thirty (30) days of the Claims Finalization Date, the Settlement Administrator shall send a check by First Class U.S. Mail to each Settlement Class Member on the Final Claims List. 68. l. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within five (5) business days of the last such payment. m. In the event that checks sent to Settlement Class Members are not cashed within One Hundred Eighty (100180) days after their date of issuance, whether because the checks were not received or otherwise, those checks will become null and void. The amount After the expiration date, the monetary value of the uncashed checks after the expiration date, less any funds necessary for settlement administration, not to exceed Five Thousand Dollars ($5,000) will be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this Settlement Agreement, provided the Court's revision does not increase the amount that Defendant would otherwise pay under this Settlement Agreement.FILED DATE: 11/18/2019 1:44 PM 2019CH08517

SUBMISSION AND EVALUATION OF CLAIMS. 5759. All claims must be submitted on a Claim Form. The Claim Form will require each Settlement Class Member to provide his or her full name, mailing address, contact telephone number, and contact email address; an affirmation that while employed by Defendant Inpax, he/she scanned his or her face, finger, or another biometric identifer using Defendant’s used the Biometric Timekeeping System within the state of Illinois during the relevant time period; and a signature. 5860. The Claim Form must be submitted (either electronically submitted or else postmarked) on or before the Claims Deadline. The Claim Form shall be substantially in the form attached hereto as Exhibit A. 5961. Completed Claim Forms shall be submitted directly to the Settlement Administrator either electronically via the Settlement Website, via electronic mail, or via U.S. Mail, for processing, assessment, and payment. 6062. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. For any partially-completed Claim Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted the Claim Form at least one time by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Claim Form, and (ii) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the regular mail notice to the Settlement Class Member regarding the deficiencies in the Claim Form, whichever is later, to cure the error(s) and/or omission(s) in the Claim Form. 6163. A Settlement Class Member is not entitled to any compensation from the Settlement Fund if he or she submits a Claim Form after the Claims Deadline, and/or if the Claim Form is incomplete after an opportunity to cure any error(s) and/or omission(s), as provided in the preceding Paragraph, ) or contains false information. 6264. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are incomplete (subject to Paragraph 60, above) and/or where there is evidence of abuse and/or fraud. 6365. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“Initially Approved Claims List”), and, upon request, and shall include an electronic PDF copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all initially rejected Claims (“Initially Rejected Claims List”), and, upon request, and shall include an electronic PDF copy of all such initially rejected Claim Forms. 6466. Counsel for the Parties shall have seven (7) days after the date they receive the Initially Approved Claims List and related Claim Forms to audit and challenge any initially approved claims. Within seven (7) days after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. 6567. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have seven (7) days after the date they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within seven (7) days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. 6668. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “Claims Finalization Date.” If neither Class Counsel nor Defendant’s Defendants’ Counsel have any challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel Counsel, Defendant Inpax’s Counsel, and DefendantDefendant Amazon’s Counsel inform each other by email that the Parties do not have any objection to the claims determination made by the Settlement Administrator or the time for informing each other of such challenges has lapsed. 6769. Within seven (7) days of the Claims Finalization Date, the Settlement Administrator shall provide Counsel for the Parties with a spreadsheet setting forth the claim number, claimant name, and claimant address, and totaling the amount to be paid for each claimant, which shall be an equal amount for each approved claim (the “Final Claims List”). Within ten (10) days of the Claims Finalization Date, the Settlement Administrator shall send a check by First Class U.S. Mail to each Settlement Class Member on the Final Claims List. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within five (5) business days of the last such payment. 6870. In the event that checks sent to Settlement Class Members are not cashed within One Hundred (100) days after their date of issuance, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this Settlement Agreement, provided the Court's revision does not increase the amount that Defendant Defendants would otherwise pay under this Settlement Agreement.

SUBMISSION AND EVALUATION OF CLAIMS. 57. a. All claims must be submitted on a Claim Form. The Claim Form will require each the Settlement Class Member to provide his or her full name, mailing address, and contact telephone number, and contact email address; an affirmation that he/she scanned his or her face, finger, or another biometric identifer using Defendant’s Biometric Timekeeping was subject to the Time-Keeping System within at issue in the state of Illinois during the relevant time periodLitigation; and a signaturesignature and certification as to the accuracy of the information provided under penalty of perjury of the laws of the State of Illinois. 58. b. The Claim Form must be submitted (either electronically submitted or else sent and/or postmarked) on or before the Claims Deadline. The Claim Form shall be substantially in the form attached hereto as Exhibit A. 59. c. Completed Claim Forms shall be submitted directly to the Settlement Administrator either electronically via the Settlement Website, via electronic mail, Website or via U.S. Mail, Mail for processing, assessment, and payment. 60. d. Any Claim Form that lacks the requisite information will be deemed to be incomplete and ineligible for payment. For any partially-completed Claim Forms, the Settlement Administrator shall attempt to contact the Settlement Class Member who submitted the Claim Form at least one time by e-mail or, if no e-mail address is available, by regular U.S. mail (i) to inform the Settlement Class Member of any error(s) and/or omission(s) in the Claim Form, Form and (ii) to give the Settlement Class Member one opportunity to cure any errors and/or omissions in the Claim Form. The Settlement Class Member shall have until the Claims Deadline, or fourteen (14) days after the Settlement Administrator sends the e-mail or regular mail notice to the Settlement Class Member regarding the deficiencies in the Claim Form, whichever is later, to cure the error(s) and/or omission(s) in the Claim Form. 61. e. A Settlement Class Member is not entitled to any monetary compensation from the Settlement Fund if he or he/she submits a Claim Form after the Claims Deadline, and/or if the Claim Form is incomplete after an opportunity to cure any error(s) and/or omission(s), as provided in the preceding Paragraph, ) or contains false information. 62. f. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may accept or reject any Claim Form submitted, and may, upon its sole discretion, request additional information prior to initially rejecting or accepting any Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to screen Claim Forms for abuse and/or fraud, and shall deny Claim Forms which are incomplete (subject to Paragraph 60, above) and/or where there is evidence of abuse and/or fraud. 63. g. Within fourteen (14) days of the Claims Deadline, the Settlement Administrator will submit to Counsel for the Parties a report listing all initially approved Claims (“"Initially Approved Claims List”"), and, upon request, and shall include an electronic PDF pdf copy of all such initially approved Claim Forms. Within fourteen (14) days after the Claims Deadline, the Settlement Administrator will also submit to the Parties a report listing all initially rejected Claims (“"Initially Rejected Claims List”"), and, upon request, and shall include an electronic PDF pdf copy of all such initially rejected Claim Forms. 64. h. Counsel for the Parties shall have seven fourteen (714) days after the date they receive the Initially Approved Claims List and related Claim Forms to audit and challenge any initially approved claims. Within seven fourteen (714) days after Counsel for the Parties receive the Initially Approved Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially approved claim they wish to challenge and the reasons for the challenge. 65. i. Similarly, Counsel for the Parties may challenge any claim initially rejected by the Settlement Administrator. Counsel for the Parties shall have seven fourteen (714) days after the date they receive the Initially Rejected Claims List and related Claim Forms to audit and challenge any initially rejected claims. Within seven fourteen (714) days after Counsel for the Parties receive the Initially Rejected Claims List and related Claim Forms, they shall serve opposing counsel via email with a Notice of Claim Challenges identifying by claim number any initially rejected claim they wish to challenge and the reasons for the challenge. 66. j. Counsel for the Parties shall meet and confer in an effort to resolve any disputes over any challenged claims. If the challenges are not withdrawn or resolved, the decision of the Settlement Administrator will be upheld. The date all claims are finalized without any further dispute shall be referred to as the “"Claims Finalization Date.” " If neither Class Counsel counsel nor Defendant’s Defendants' Counsel have any challenges to the initial claims determination reached by the Settlement Administrator, then the Claims Finalization Date shall be the date both Class Counsel and Defendant’s Counsel Defendants' inform each other by email that the Parties do not have any objection to the claims determination made by the Settlement Administrator or the time for informing each other of such challenges has lapsed. 67. k. Within seven (7) days of the Claims Finalization Date, the Settlement Administrator shall provide Counsel for the Parties with a spreadsheet setting forth the claim number, claimant name, and claimant address, and totaling the amount to be paid for each claimant, which shall be an equal amount for each approved claim (the “"Final Claims List”"). Within ten (10) days of the Claims Finalization Date, the Settlement Administrator shall send a check by First Class U.S. Mail to each Class Member on the Final Claims List. 68. l. The Settlement Administrator shall notify the Parties that all Approved Claims have been paid within five (5) business days of the last such payment. m. In the event that checks sent to Settlement Class Members are not cashed within One Hundred ninety (10090) days after their date of issuance, whether because the checks were not received or otherwise, those checks will become null and void. The amount of the uncashed checks after the expiration date, less any funds necessary for settlement administration, will be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this Settlement Agreement, provided the Court's revision does not increase the amount that Defendant Defendants would otherwise pay under this Settlement Agreement.