Untimely Claims. Claims Forms that are not timely submitted will not be allowed absent relief from the Settlement Administrator (in consultation with Class Counsel), or otherwise ordered by the Court.
Untimely Claims. Any Settlement Class Member who fails to submit a Claim for any Settlement Benefits pursuant to the terms and conditions of the Settlement Agreement within the time frames set forth herein, or such other period as may be ordered by the Court or otherwise allowed, shall be forever barred from receiving any Settlement Payments or Settlement Benefits pursuant to this Settlement, but will in all other respects be subject to and bound by the provisions of the Settlement Agreement, the releases contained herein, and, upon its entry, the Final Approval Order and Judgment.
Untimely Claims. The Administrator shall notify in writing those Class Members who submit an untimely Claim Form that their claim is denied and will not be processed further. The Administrator’s determination of whether a Claim Form was timely submitted shall be final, binding, not reviewable by the Neutral Evaluator, and not appealable, and not the subject of an objection.
Untimely Claims. To be treated as valid, claim forms must be postmarked within one hundred and five (105) days of the date of entry of Preliminary Approval Order. Because the settlement involves a pro rata distribution of a fixed fund as set forth in Section 3.4(a) above, claims forms that are not timely will not be allowed absent relief from the District Court specifically granting allowance prior to entry of the Final Approval Order.
Untimely Claims. If a Class Member submits an untimely claim that is received by the Administrator within two (2) months of the Bar Date, Class Counsel shall have the discretion to instruct the Administrator to pay such claims if the claimant establishes “good cause” for their untimely submission, to be determined by Class Counsel in their sole discretion. For any claims received more than two months after the Bar Date, the Parties may agree to accept them, or such applicants may seek relief from the Court. Any payment of untimely claims shall be made out of any amount then remaining in the Common Fund (including funds remaining due to the failure of claimants to timely cash their checks). Depending on the timing of such untimely claims and the funds then available, untimely claimants who have established “good cause” may not receive any payment, may receive a pro-rata share of their Common Fund amount remaining in the Class Fund, and may not be entitled to payment from an additional Out-of-Pocket Expense Documentation Submission and/or a Miscellaneous Harm Submission.
