Common use of The Points Award Process Clause in Contracts

The Points Award Process. (A) After a Program Participant has timely submitted a complete Claim Package that meets all the requirements of Section 3.03, or alternatively if such Program Participant’s Claim Package has otherwise been determined by the Eligibility Committee or Special Master to establish an Eligible Claim, and such Program Participant has been determined or deemed to be a Qualifying Program Claimant who meets the definitions for Injury Levels I through V, the Claims Administrator shall determine the number of Points (“Points Award”) that should be awarded to the Qualifying Program Claimant within thirty (30) days of the Claimant’s determination of Eligibility, unless a longer period of time is necessary for good cause shown to the Eligibility Committee by the Claims Administrator. The criteria, methodologies, formulae, guidelines and other terms and conditions for determining Points Awards are set forth in the Criteria attached as Appendix J to this Agreement. The Points Award analysis performed by the Claims Administrator shall be based solely on the terms and conditions of the Criteria and this Section 6.02. (B) The Claims Administrator shall notify each Qualifying Program Claimant, Daiichi Sankyo, Forest, and the PNC of such Qualifying Program Claimant’s Points Award using a form developed for such purpose by the Claims Administrator (“Notice of Points Award”). A Points Award may be subject to revision at any time until fifteen (15) days prior to the date that the Final Point Value is calculated pursuant to Section 7.03 upon discovery of an error. Such Points Award shall be subject to reconsideration by the Claims Administrator and appeal to the Eligibility Committee and Special Master as set forth in Sections 6.02(C) and Section 9.03, but otherwise shall be final, binding and Non-Appealable. All Notices of Points Awards shall be issued no later than thirty (30) days prior to the date on which the Final Point Value is calculated, and, in accordance with Section 7.03(A) below, the Final Point Value may not be calculated until all appeals are determined and fully adjudicated, and all time periods permitted for filing any appeals under this Agreement have expired.

Appears in 2 contracts

Samples: Master Settlement Agreement, Master Settlement Agreement

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The Points Award Process. (A) After a Program Participant has timely submitted a complete Claim Package that meets all the requirements of Section 3.03, or alternatively if such Program Participant’s Claim Package has otherwise been determined by the Eligibility Committee or Special Master to establish an Eligible Claim, and such Program Participant has been determined or deemed to be a Qualifying Program Claimant who meets the definitions for Injury Levels I through VClaimant, the Claims Administrator shall determine the number of Points (“Points Award”) that should be awarded to the Qualifying Program Claimant within thirty (30) days of the Claimant’s determination of Eligibility, unless a longer period of time is necessary for good cause shown to the Eligibility Committee by the Claims Administrator. The criteria, methodologies, formulae, guidelines and other terms and conditions for determining Points Awards (collectively, the “Point Awards Criteria”) are set forth in the Criteria “Points Matrix,” attached as Appendix J to this Agreement. The Points Award analysis performed by the Claims Administrator shall be based solely on the terms and conditions of the Criteria Points Matrix and this Section 6.02. (B) As outlined in Appendix J, assessment of Points shall consider (without limitation and among other factors as set forth in Appendix J) the extent of injury and treatment, age, duration and dosage of ACTOS Products usage, timing of ACTOS Products usage, and risk factors for development of Bladder Cancer. (C) The Claims Administrator shall notify each Qualifying Program Claimant, Daiichi Sankyo, ForestTakeda, and the PNC PSRC of such Qualifying Program Claimant’s Points Award using a form developed for such purpose by the Claims Administrator (“Notice of Points Award”). A Points Point Award may be is not final and is subject to revision at any time until fifteen (15) days prior to the date that the Final Point Value is calculated pursuant to Section 7.03 upon discovery of an errorPayment. Such Points Award shall be subject to reconsideration by the Claims Administrator and appeal to the Eligibility Committee and Special Master as set forth in Sections 6.02(C6.02(D) and (E), and Section 9.03, but otherwise shall be final, binding and Non-Appealable. All Notices . (D) A Qualifying Program Claimant Participant may seek reconsideration by the Claims Administrator of such Qualifying Program Claimant’s Points Award by filing a request for reconsideration with the Claims Administrator within fifteen (15) days of the Notice of Points Awards shall be issued no later than Award. The Claims Administrator will respond to any such request for reconsideration within thirty (30) days prior (“Notice of Reconsideration Determination”). Appeals to the date on which Special Master pursuant to this Section may be taken only from the Final Point Value Claims Administrator’s decision after a request for reconsideration, not from the initial decision of the Claims Administrator. If a timely request for reconsideration is calculatednot made, and, in no appeal may be brought. The Special Master may at his discretion consult with the Eligibility Committee regarding any appeals made under this Section. (E) In accordance with Section 7.03(A) below9.03, a Qualifying Program Claimant may appeal his or her Points Award determination of the Final Point Value may not be calculated until all appeals are determined and fully adjudicated, and all time periods permitted for filing any appeals under this Agreement have expired.Claims Administrator to the Special Master by submitting a notice to such effect to the Claims

Appears in 1 contract

Samples: Master Settlement Agreement

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The Points Award Process. (A) After a Program Participant has timely submitted a complete Claim Package that meets all the requirements of Section 3.03, or alternatively if such Program Participant’s Claim Package has otherwise been determined by the Eligibility Committee or Special Master to establish an Eligible Claim, and such Program Participant has been determined or deemed to be a Qualifying Program Claimant who meets the definitions for Injury Levels I through VClaimant, the Claims Administrator shall determine the number of Points (“Points Award”) that should be awarded to the Qualifying Program Claimant within thirty (30) days of the Claimant’s determination of Eligibility, unless a longer period of time is necessary for good cause shown to the Eligibility Committee by the Claims Administrator. The criteria, methodologies, formulae, guidelines and other terms and conditions for determining Points Awards (collectively, the “Point Awards Criteria”) are set forth in the Criteria “Points Matrix,” attached as Appendix J to this Agreement. The Points Award analysis performed by the Claims Administrator shall be based solely on the terms and conditions of the Criteria Points Matrix and this Section 6.02. (B) As outlined in Appendix J, assessment of Points shall consider (without limitation and among other factors as set forth in Appendix J) the extent of injury and treatment, age, duration and dosage of ACTOS Products usage, timing of ACTOS Products usage, and risk factors for development of Bladder Cancer. (C) The Claims Administrator shall notify each Qualifying Program Claimant, Daiichi Sankyo, ForestTakeda, and the PNC PSRC of such Qualifying Program Claimant’s Points Award using a form developed for such purpose by the Claims Administrator (“Notice of Points Award”). A Points Point Award may be is not final and is subject to revision at any time until fifteen (15) days prior to the date that the Final Point Value is calculated pursuant to Section 7.03 upon discovery of an errorPayment. Such Points Award shall be subject to reconsideration by the Claims Administrator and appeal to the Eligibility Committee and Special Master as set forth in Sections 6.02(C6.02(D) and (E), and Section 9.03, but otherwise shall be final, binding and Non-Appealable. All Notices of Points Awards shall be issued no later than thirty (30) days prior to the date on which the Final Point Value is calculated, and, in accordance with Section 7.03(A) below, the Final Point Value may not be calculated until all appeals are determined and fully adjudicated, and all time periods permitted for filing any appeals under this Agreement have expired.

Appears in 1 contract

Samples: Master Settlement Agreement

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