Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.1. Class Counsel and Nebraska Medicine shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim. 8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later. 8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment. 8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel based on distributions of benefits to Settlement Class Members. 8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.12. Interim Class Counsel and Nebraska Medicine Canon shall be given reports as to both claims and distribution distribution, and each shall have the right to review and obtain supporting documentation and challenge any such claim if either believes it to be inaccurate or inadequate. If the extent necessary Claims Administrator has questions regarding a particular claim, any claims agreed to resolve be paid in full by Canon shall be deemed valid. Otherwise, the Parties shall meet and confer on any questionable claims administration issuesraised by the Settlement Administrator. The Should the Parties be unable to agree on the validity or invalidity of such claim, the Settlement Administrator shall make the final determination. As noted in ¶ 2.6.1, the Claims Administrator's and claims referee's, as applicable, ’s final determination of whether a Settlement Claim is a Valid Claim the validity or invalidity of any claims shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim2.6.
8.2 Checks for Valid Claims approved claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later. No approved claims shall be paid until after the Effective Date. If this Settlement Agreement is terminated or otherwise does not become Final (e.g., disapproval by the Court or any appellate court) prior to the payment of approved claims, Canon shall have no obligation to pay such claims and shall only be required to pay costs and expenses related to notice and administration that were already incurred.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreementallowed, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims RefereeCanon, Nebraska Medicine, Released Persons, Interim Class Counsel, Plaintiffs, Plaintiffs' CounselPlaintiff, and/or Nebraska Medicine's Canon’s counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The 9.1. In order to make the election provided for by Section 8.2, each Settlement Class Member who is a Current Subscriber shall complete and submit a Claim Form, substantially in the form of Exhibit A.
9.2. In order to participate in the Settlement, each Settlement Class Member who is a Former Subscriber shall complete and submit a Claim Form, substantially in the form of Exhibit B.
9.3. Each Claimant shall affirm, under penalty of perjury, that he/she has, to the best of his/her recollection, accurately filled out the Claim Form. All representations in the Claim Forms shall be subject to verification by Cablevision or the Claims Administrator. Cablevision reserves all rights to request additional information from Claimants if necessary to verify representations in the Claim Forms.
9.4. Claim Forms must be received by the Claims Administrator and/or postmarked no later than two hundred (200) days after Preliminary Approval.
9.5. Before distribution of Settlement Benefits to the Settlement Class, Cablevision shall administer provide Class Counsel with a list of claims that, based on its records, Cablevision deems invalid. If, after meeting and calculate the claims submitted by Settlement Class Members under ¶ 2.1. conferring with Cablevision (during which Class Counsel and Nebraska Medicine Cablevision shall be given reports as discuss such claims in good faith), Class Counsel hold the belief that some or all of the claims are valid and Cablevision holds the belief that that some or all of the claims subject to both claims and distribution and have such dispute are invalid, Class Counsel may promptly bring the right to review and obtain supporting documentation issues to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination attention of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed which shall finally resolve any dispute. Any determination by law or the Settling Parties' written agreement, shall Parties jointly and/or by the Court with respect to claims under this Section 9.5 is final and unappealable.
9.6. The Parties agree to cooperate to establish and implement the necessary procedures in order for the Settlement Benefits to be forever barred from receiving any payments or benefits pursuant provided to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicinemost cost efficient way reasonably possible.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.12. Class Counsel and Nebraska Medicine the Defendants shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation to the extent necessary to resolve claims administration issues. The Claims Administrator's ’s and claims referee's’s, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution Dispute Resolution process set forth in ¶ 2.52.8. All claims agreed to be paid in full by Nebraska Medicine the Defendants shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked either within sixty (60) days of the Effective Date, Date or within thirty (30) days of the date that the last claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, Court or otherwise expressly allowed by law or the Settling Parties' ’ written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims Refereeclaims referee, Nebraska Medicinethe Defendants, Released PersonsEntities, Class Counsel, PlaintiffsPlaintiff, Plaintiffs' Plaintiff’s Counsel, and/or Nebraska Medicine's Defendants’ counsel based on determinations or distributions of benefits to Settlement Class MembersMembers or any other matters related to administration of claims.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Refereeclaims referee, Class Counsel, and counsel for Nebraska MedicineDefendants.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.12.
1. Class Counsel and Nebraska Medicine Startek shall be given reports as to both claims and distribution and have the right to review challenge the claims and obtain distribution set forth in the reports. The reports to be provided shall include, for each approved claim, the name of the Settlement Class Member, a description of the approved claim including dollar amounts to be paid as extraordinary or ordinary losses, and all supporting documentation and Claim Forms submitted. If counsel for the Settling Parties agree that any such claim is improper, the Claims Administrator shall follow counsel’s joint direction regarding the disposition of the claim. If the Settling Parties cannot agree on the disposition of a claim, the Settling Parties, upon the election of either Settling Party, will submit the claim for disposition to the extent necessary to resolve claims administration issuesa jointly agreed upon impartial third-party claim referee for determination. The Claims Administrator's and claims referee's, as applicable, ’s determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5above right of review and challenge process. All claims agreed to be paid in full by Nebraska Medicine Startek shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked postmarked, and electronic/digital payments shall be issued electronically, within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' ’ written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska MedicineStartek, Released PersonsParties, Class Counsel, Plaintiffs, Plaintiffs' ’ Counsel, and/or Nebraska Medicine's Startek’s counsel based on distributions of benefits benefits, or denial of benefits, to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska MedicineStartek.
8.6 Startek, if it does not perform the function itself, will cause the Claims Administrator to provide (at Startek's expense) notice to the relevant state and federal governmental officials as required by the Class Action Fairness Act.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 All claims for benefits under the Settlement Agreement must be submitted to the Settlement Administrator no later than (60) calendar days after the date set in the Postcard Notice for the Final Fairness Hearing. All claims shall be submitted online or by mail on a written Claim Form to be available as an electronic download that can be printed out and filled in by the claimant, and shall be submitted along with such further documentation that may be required for the claim. On the Claim Form, the claimant must provide the name and address of the claimant and such additional information identified on the Claim Form for the processing and determination of the validity of the claim. All information provided to the Settlement Administrator shall be deemed confidential by the Settlement Administrator. Claims will be evaluated on a first-come, first- served basis based on the date of actual receipt by the Settlement Administrator.
8.2 All claims reviewed by the Settlement Administrator shall include reasonable safeguards against fraudulent claims. ComplyRight and Co-Lead Settlement Class Counsel shall both have the right to monitor the claims process and its administration.
8.3 The Settlement Administrator shall determine whether a claimant’s Claim Form, along with supporting materials, are sufficient to support a Claim and the amount of such Claim. Before 21 calendar days after the deadline to submit Claims set forth in ¶ 8.1, the Settlement Administrator shall send a written notice to Settlement Class Members whose Claims for Reimbursement were not accepted in whole or in part, stating the reasons for denial, specifying the amounts that were claimed and not approved, and, in the case of Reimbursement Option claims, informing them of the option to select the Protection Plan Option or Cash Option in lieu of the Reimbursement Option. Settlement Class Members have 21 calendar days from the postmark date on the Settlement Administrator’s notice to respond, supplement their documentation, correct deficiencies identified by the Settlement Administrator, or select the Protection Plan Option or Cash Option in lieu of any Reimbursement Option amount.
8.4 The Settlement Administrator shall administer and calculate (as may be necessary) the claims submitted by Settlement Class Members under ¶ 2.1hereunder. Co-Lead Settlement Class Counsel and Nebraska Medicine ComplyRight shall be given reports as to both claims and distribution distribution, and have the right to review and obtain supporting documentation and challenge such reports if they believe them to the extent necessary to resolve claims administration issuesbe inaccurate or inadequate. The Claims Settlement Administrator's and claims referee's, as applicable, ’s determination of whether a Settlement Claim is a Valid Claim the validity or invalidity of any such claims shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days of 8.5 Except as otherwise ordered by the Effective DateCourt, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All all Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames frame set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreementallowed, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.from
8.4 8.6 No Person shall have any claim against the Claims Settlement Administrator, Claims RefereeComplyRight, Nebraska Medicine, Released Persons, or Co-Lead Settlement Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel Counsel based on distributions of benefits to made substantially in accordance with the Settlement Class MembersAgreement and the settlement contained herein, or further order(s) of the Court.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement 8.7 All payments and distributions of benefits hereunder shall be deemed confidential distributed within 180 days after the Effective Date. The Settlement Administrator shall send to each valid Protection Plan Option claimant an email or letter containing an activation code and protected as such the link to the website where the activation code can be input to activate the Protection Plan. The Settlement Administrator shall distribute payments to valid Cash Option and Reimbursement Option claimants by the Claims Administratortheir selected method of payment, Claims Referee, Class Counsel, and counsel for Nebraska Medicineor by check if no selection was made.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 9.1. The Claims Settlement Administrator shall administer the process of reviewing and calculate determining the claims validity of the Claim Forms and Settlement Claims submitted by Settlement Class Members under ¶ 2.1and give reports as to such administration to Class Counsel and ▇▇▇▇’s. Class Counsel and Nebraska Medicine shall be given reports as to both claims and distribution and ▇▇▇▇’s have the right to review and obtain supporting documentation documentation, and request corrections of, any of those reports (including, without limitation, the Calculation Report) if they believe them to be incorrect, inaccurate or inadequate.
9.2. Payment of the Arby’s Payment to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim Administrator shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full made by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims check and shall be mailed and postmarked within sixty (60) 60 days after the Effective Date or 30 days after the amount of the Effective Date, or within thirty (30) days of the date that the claim is approvedArby’s Payment becomes final pursuant to ¶ 2.2.5, whichever is laterlatest. Payments of Approved Claims for amounts recoverable under ¶ 2.1.1 shall be distributed by mail or email to the Settlement Class Members entitled to such payments within 60 days after the Settlement Administrator’s receipt of the Arby’s Payment. Enrollment codes on Approved Claims for identity theft protection services under ¶ 2.1.2 shall similarly be distributed by mail or email to the Settlement Class Members entitled to such enrollment codes within 60 days after the Settlement Administrator’s receipt of the Arby’s Payment.
8.3 9.3. All Settlement Class Members who fail to timely submit a claim Settlement Claim for any benefits Settlement Benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, herein shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein herein, and the Judgment.
8.4 9.4. No Person person shall have any claim against the Claims Settlement Administrator, Claims Referee, Nebraska Medicine, Released Persons, Lead Counsel, Class Counsel, Plaintiffs, Plaintiffs' Counsel▇▇▇▇’s counsel, and/or Nebraska Medicine's counsel Representative Plaintiffs based on distributions of benefits Settlement Benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 3.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.1Members. At a minimum, Settlement Class Counsel, Honeywell, and Defendant’s Counsel and Nebraska Medicine shall be given monthly reports as to both claims and distribution distributions and have the right to review and obtain supporting documentation to the extent necessary to resolve claims administration issuesissues related to Claims Administration and Dispute Resolution. The Claims Administrator's and ’s and, if applicable, claims referee's, as applicable, ’s determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution Dispute Resolution process set forth in ¶ 2.5§ 1.8. All claims agreed to be paid in full by Nebraska Medicine Honeywell shall be deemed a Valid Claim.
8.2 3.2 Checks for Valid Claims shall be mailed by the Claims Administrator and postmarked either within sixty (60) days of the Effective Date, Date or within thirty (30) days of the date that the last claim is approved, whichever is later.
8.3 3.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, Court or otherwise expressly allowed agreed to by law or the Settling Parties' Parties in a written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein herein, and the Judgment.
8.4 3.4 No Person shall have any claim against the Claims Administrator, Claims Refereeclaims referee, Nebraska MedicineHoneywell, Released PersonsEntities, Settlement Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel Defendant’s Counsel based on determinations or distributions of benefits to Settlement Class MembersMembers or any other matters related to Claims Administration and Dispute Resolution.
8.5 3.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Refereeclaims referee, Settlement Class Counsel, and counsel for Nebraska MedicineDefendant’s Counsel.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.1. Class Counsel and Nebraska Medicine LCS shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation to the extent necessary to resolve claims administration Claims Administration issues. The Claims Administrator's and claims referee's, as applicable, ’s determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks or electronic payment (if selected by a Settlement Class Member) for approved Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or electronically transferred within thirty (30) days of the date Effective Date. Cashing a settlement check or accepting an electronic payment of a Settlement distribution is a condition precedent to any Settlement Class Member’s right to receive settlement benefits. All settlement checks shall be void ninety (90) days after issuance and shall bear the language: “This check must be cashed within ninety (90) days, after which time it is void.” If a check becomes void, the Settlement Class Member shall have until 75 days after the Effective Date to request re-issuance. If no request for re-issuance is made within this period, the Settlement Class Member will have failed to meet a condition precedent to recovery of settlement benefits, the Settlement Class Member’s right to receive monetary relief shall be extinguished, and LCS shall have no obligation to make payments to the Settlement Class Member for expense reimbursement under ¶ 2.1 or any other type of monetary relief. The same provisions shall apply to any re-issued Docusign Envelope ID: E7AE1CF7-080D-407C-AC99-A2FFB35A6C35 check. For any checks that are issued or re-issued for any reason more than two (2) months from the claim is approvedEffective Date, whichever is laterrequests for re-issuance need not be honored after such checks become void.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' ’ written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth hereinSettlement, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, including the releases contained herein therein, and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska MedicineLCS, Released PersonsParties, Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's LCS’s counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska MedicineLCS.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 9.1. The Claims Settlement Administrator shall administer the process of reviewing and calculate determining the claims validity of the Claim Forms and Settlement Claims submitted by Settlement Class Members under ¶ 2.1and give reports as to such administration to Class Counsel and Aveanna. Class Counsel and Nebraska Medicine shall be given reports as to both claims and distribution and ▇▇▇▇▇▇▇ have the right to review and obtain supporting documentation and request corrections of any of those reports (including, without limitation, the Calculation Report) if they believe them to be incorrect, inaccurate, or inadequate.
9.2. Payment of the Aveanna Payment to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim Administrator shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full made by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims check and shall be mailed and postmarked within thirty (30) days after the Effective Date or thirty (30) days after the amount of the Aveanna Payment becomes final pursuant to ¶ 2.2.5, whichever is latest. Payments of Approved Claims for amounts recoverable under ¶ 2.1.1 and ¶ 2.1.2 shall be distributed by mail or email to the Settlement Class Members entitled to such payments within sixty (60) days after the Settlement Administrator’s receipt of the Effective Date, Aveanna Payment. Enrollment codes on Approved Claims for the Identity Theft Protection Service under ¶ 2.1.4 shall similarly be distributed by mail or email to the Settlement Class Members entitled to such enrollment codes within thirty sixty (3060) days after the Settlement Administrator’s receipt of the date that the claim is approved, whichever is laterAveanna Payment.
8.3 9.3. All Settlement Class Members whose Settlement Claims are not deemed to be an Approved Claim by the Settlement Administrator pursuant to ¶2.2 or who fail to timely submit a claim Settlement Claim for any benefits Settlement Benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, herein shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the Judgment, and the releases contained herein and the Judgmenttherein.
8.4 9.4. No Person person shall have any claim against the Claims Settlement Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Plaintiffs' ▇▇▇▇▇▇▇’s Counsel, and/or Nebraska Medicine's counsel the Representative Plaintiffs based on distributions of benefits Settlement Benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The Claims Settlement Administrator shall calculate and administer the checks issued pursuant to ¶ 2.2. Within ninety (90) days of the Effective Date, the Settlement Administrator will certify to the Court that checks have been mailed to the app1icable Participating Settlement Class Members by submitting a declaration, based on the personal knowledge of the declarant(s), filed with the Court and served on Co-Lead Class Counsel and Defendants’ Counsel.
8.2 The Settlement Administrator shall provide Co-Lead Class Counsel with reports of the following: • the number of checks that are sent to Participating Settlement Class Members during each round of cash payments; • the dollar amount of checks that are sent to Participating Settlement Class Members during each round of cash payments; • the number of Participating Settlement Class Members who do and do not cash their checks during each round of cash payments, and the dollar amount of those checks; and • the amount paid to a charitable organization, if any, following the final round of cash payments.
8.3 The Settlement Administrator shall administer and calculate the claims submitted under ¶ 2.3, except as provided otherwise therein. The Settlement Administrator shall provide Co-Lead Class Counsel with reports of the claims for reimbursement of losses and out-of pocket expenses made by Participating Settlement Class Members under ¶ 2.1. Members.
8.4 Co-Lead Class Counsel and Nebraska Medicine shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation and challenge reports provided by the Settlement Administrator if they believe them to be inaccurate or inadequate.
8.5 Except as otherwise ordered by the Court, all Participating Settlement Class Members who do not cash a settlement check that is sent to them prior to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination expiration of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Datesaid check, or within thirty (30) days such other period as may be ordered by the Court, or otherwise allowed, including under the extenuating circumstances as outlined above, shall be forever barred from receiving a cash payment pursuant to this Settlement, but will in all other respects be subject to and bound by the provisions of the date that Settlement Agreement, the claim is approvedreleases contained herein, whichever is later.
8.3 All and the Judgment, and will be permitted to obtain other benefits available under the Settlement Agreement. Likewise, all Participating Settlement Class Members who fail to timely submit a claim Claim Form for any benefits hereunder within the time frames set forth herein, or within such other period as may be ordered by the Court, or otherwise expressly allowed by law or allowed, including under the Settling Parties' written agreementextenuating circumstances as outlined above, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth hereinSettlement, but will in all other respects be subject to, to and bound by, by the provisions of the Settlement Agreement, the releases contained herein herein, and the Judgment.
8.4 8.6 No Person shall have any claim against the Claims AdministratorDefendants, Claims RefereeDefendants’ counsel, Nebraska Medicine, Released Persons, Co- Lead Class Counsel, or Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel ’ Counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members made substantially in connection accordance with submitted claims under this the Settlement Agreement shall be deemed confidential and protected as such by and/or further order(s) of the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska MedicineCourt.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 9.1. The Claims Settlement Administrator shall administer the process of reviewing and calculate determining the claims validity of the Claim Forms and Settlement Claims submitted by Settlement Class Members under ¶ 2.1and give reports as to such administration to Class Counsel and Defendants. Class Counsel and Nebraska Medicine shall be given reports as to both claims and distribution and Defendant ▇▇▇▇▇▇’▇ Bay Company have the right to review and obtain supporting documentation documentation, and request corrections of, any of those reports (including, without limitation, the Calculation Report) if they believe them to be incorrect, inaccurate or inadequate.
9.2. Defendant ▇▇▇▇▇▇’▇ Bay Company shall pay the HBC Payment to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to Administrator within 60 days after the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) Effective Date or 30 days after the amount of the Effective Date, or within thirty (30) days of the date that the claim is approvedHBC Payment becomes final pursuant to ¶ 2.2.5, whichever is laterlatest. Payments of Approved Claims for amounts recoverable under ¶ 2.1.2 and ¶ 2.1.3 shall be distributed by mail or email to the Settlement Class Members entitled to such payments within 15 days after the Settlement Administrator’s receipt of the HBC Payment.
8.3 9.3. All Settlement Class Members who fail to timely submit a claim Settlement Claim for any benefits Settlement Benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, herein shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein herein, and the Final Approval Order and Judgment.
8.4 9.4. No Person person shall have any claim against the Claims Settlement Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Plaintiffs' CounselDefendants’ counsel, and/or Nebraska Medicine's counsel Representative Plaintiffs based on distributions of benefits Settlement Benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 1. Based upon the Claim Form and any other written material supplied by each Vetted Settlement Class Member, the Claims Administrator shall determine whether the form has been properly and validly completed. Every Vetted Settlement Class Member who submits a validly completed Claim Form shall be deemed a Qualifying Settlement Class Member.
2. Based upon the Claim Form and any other written material supplied by each person claiming to be a Settlement Class Member who is not a Vetted Settlement Class Member, the Claims Assessor will determine whether the person claiming to be a Settlement Class Member has submitted adequate proof to establish that he or she is a Qualifying Settlement Class Member, as set forth in Paragraph II.FF above.
3. No Settlement Payment may be disbursed to any person or entity, including without limitation a claim filing service, purporting to act on behalf of or in a representative capacity for a Qualifying Settlement Class Member pursuant to a power of attorney, assignment, or otherwise, other than to: (1) the Qualifying Settlement Class Member; (2) a parent or duly appointed guardian ad litem of a Qualifying Settlement Class Member who is a minor or protected person; or (3) a duly appointed executor, executrix, administrator or administratrix of a deceased Qualifying Settlement Class Member.
4. All Claim Forms must be returned in the first instance to the Claims Administrator. The Claims Administrator shall administer promptly review all Claim Forms submitted by Vetted Settlement Class Members in accordance with Paragraph III.D.1, and calculate shall promptly forward to the claims Claims Assessor all Claim Forms submitted by Settlement Class Members under ¶ 2.1. who are not Vetted Settlement Class Counsel and Nebraska Medicine shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation to the extent necessary to resolve claims administration issuesMembers. The process of Claims Administrator's and claims referee'sAdministration must be completed by the Closing Date, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full unless extended by Nebraska Medicine shall be deemed a Valid Claim.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days order of the Effective Date, or within thirty (30) days of Court. The Court will retain jurisdiction until the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail Closing Date to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions insure proper implementation of the Settlement Agreement, the releases contained herein and the Judgment.
8.4 No Person shall have any claim against the 5. The costs of Claims Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall Administration will be deemed confidential and protected as such drawn by the Claims AdministratorAdministrator from the Settlement Administration Fund. The Claims Administrator will serve on Defendants and Class Counsel reports of activity in the Settlement Administration Fund. If the total cost of Claims Administration exceeds the Settlement Administration Fund, any additional costs of Claims RefereeAdministration will be paid from the Settlement Fund. If, Class Counselat the conclusion of the Claims Administration process, and counsel for Nebraska Medicinethe Settlement Administration Fund has not been fully exhausted, the balance remaining in the Settlement Administration Fund must be returned to the Defendants.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.1. Class Counsel and Nebraska Medicine ▇▇▇▇▇▇ shall be given reports as to both claims and distribution and have the right to review and obtain supporting documentation to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, ’s determination of whether a Settlement Claim is a Valid Claim shall be binding, binding subject to the dispute resolution Dispute Resolution process set forth in ¶ 2.5herein. All Notwithstanding the above, if Class Counsel or Quaker disputes the award or disallowance of a Settlement Claim as determined by the Claims Administrator, the Settling Parties will confer on the subject Settlement Claim within ten (10) days of notice of the dispute being provided by one Settling Party to the other. If the Settling Parties agree on the disposition of the disputed Settlement Claim, they shall so inform the Claims Administrator, which will process the Settlement Claim as directed by the Settling Parties. If the Settling Parties do not agree on the disposition of the disputed Settlement Claim, the original determination of the Claims Administrator shall not be disturbed. Further, all claims agreed to be paid in full by Nebraska Medicine Quaker shall be deemed a Valid Claim.
8.2 Checks Digital payments for Valid Claims shall be issued or checks for Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' ’ written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth hereinSettlement Agreement, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, including the releases contained herein therein and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska MedicineQuaker, Released PersonsParties, Class Counsel, Plaintiffs, Plaintiffs' ’ Counsel, and/or Nebraska Medicine's Quaker’s counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska MedicineQuaker.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 12.01 The Claims Settlement Administrator shall administer and calculate the claims Settlement Claims submitted by Settlement Class Members under ¶ 2.1. Class Counsel and Nebraska Medicine shall be given give reports as to both claims and distribution distributions to Plaintiffs’ Counsel and ▇▇▇▇ Enterprises. Plaintiffs’ Counsel and ▇▇▇▇ Enterprises have the right to review and obtain supporting documentation and challenge those reports if they believe them to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5inaccurate or inadequate. All claims Settlement Claims agreed to be paid in full or in part by Nebraska Medicine ▇▇▇▇ Enterprises shall be deemed a Valid Claimvalid up to the amount paid.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 12.02 All Settlement Class Members who fail to timely submit a claim Settlement Claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein herein, and the Judgment.
8.4 12.03 No Person person shall have any claim against the Claims Settlement Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Plaintiffs’ Counsel, Plaintiffs, Plaintiffs' Counsel▇▇▇▇ Enterprises’ counsel, and/or Nebraska Medicine's counsel Representative Plaintiffs based on distributions of benefits to Settlement Class Members.
8.5 Information submitted 13.01 The Effective Date of the settlement shall be conditioned on the occurrence of all of the following events:
(i) the Court has entered the Order of Preliminary Approval with notice of a fairness hearing, as required by ¶ 6.01;
(ii) the Court has entered the Judgment granting final approval to the Settlement Class Members Agreement (among other things) as set forth herein; and
(iii) Either (i) thirty (30) days have passed after entry of the final Judgment (i.e., the Judgment is entered as a final judgment) and no appeal is taken after the Judgment’s entry and no motion or other pleading has been filed with the Court (or with any other court) seeking to set aside, enjoin, or in connection with submitted claims under any way alter the Judgment or to toll the time for appeal of the Judgment; or (ii) all appeals, reconsideration, rehearing, or other forms of review and potential review of the Judgment are exhausted, and the Judgment is upheld without any material modification of the terms of this Agreement.
13.02 If all of the conditions specified in ¶ 13.01 hereof are not satisfied, the Settlement Agreement shall be deemed confidential terminated and/or canceled unless Class Counsel and protected as such ▇▇▇▇ Enterprises counsel mutually agree in writing to proceed with the Settlement Agreement.
13.03 The Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the Settlement Agreement is not approved by the Claims AdministratorCourt or the Settlement Agreement is terminated and/or cancelled in accordance with its terms (including without limitation in accordance with ¶ 13.02 or ¶ 13.04), Claims Referee, Class Counselthen (a) the Parties shall be restored to their respective positions in the Litigation as if the Agreement had never been entered into (and without prejudice to any of the Parties’ respective positions on the issue of class certification or any other issue), and (b) the terms and provisions of the Settlement Agreement and statements made in connection with seeking approval of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated, nunc pro tunc. The Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Parties in the Litigation or in any other proceeding, case or action, as to which all of their rights are specifically preserved. Further, notwithstanding any statement in this Settlement Agreement to the contrary, the reasonable amounts already billed or incurred for costs of notice to the Settlement Class and Claims Administration shall be paid out of the Settlement Fund and ▇▇▇▇ Enterprises shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation; and all remaining amounts in the Settlement Fund shall be returned to ▇▇▇▇ Enterprises.
13.04 The Settlement Agreement may be terminated and/or cancelled by any of the Parties if (i) the Court rejects, materially modifies, materially amends or changes, or declines to preliminarily approve or finally approve the Settlement Agreement; (ii) an appellate court reverses the final approval order and/or Judgment, and the Settlement Agreement is not reinstated and finally approved without material change by the Court on remand; or (iii) the Court or any reviewing appellate court incorporates material terms or provisions into, or deletes or strikes material terms or provisions from, or materially modifies, amends, or changes, the proposed Preliminary Approval Order, Preliminary Approval Order, the proposed Judgment, the Judgment, or the Settlement Agreement.
13.05 Notwithstanding any provision of this Settlement Agreement to the contrary, including but not limited to ¶ 11.04, and for Nebraska Medicinethe avoidance of any doubt, the finality or effectiveness of the Settlement Agreement shall not depend upon the Court awarding any particular amount of attorneys’ fees, costs, expenses, or service awards. No order of the Court, or modification or reversal or appeal of any order of the Court, concerning the amount(s) of any attorneys’ fees, costs and expenses, and/or service awards ordered by the Court to Plaintiffs’ Counsel or Plaintiffs shall affect whether the Judgment is final or constitute grounds for cancellation and/or termination of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The Claims Settlement Administrator shall administer the Settlement Fund and calculate the claims submitted by Unclaimed Funds described in Paragraphs 2.1, 8.3, 8.4, and 8.5. The Notices provided to Settlement Class Members under ¶ 2.1. shall require the Class Counsel Member to indicate their preferred disbursement methods and Nebraska Medicine shall be given reports as to both claims and distribution and have provide the right to review and obtain supporting documentation to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed to be paid in full by Nebraska Medicine shall be deemed a Valid Claimrequired financial information.
8.2 Checks for Valid Claims For each Settlement Class Member from which the Settlement Administrator receives a valid, completed and timely Claim Form with correct financial information, the Settlement Administrator shall be mailed and postmarked disburse any monies due to that Settlement Class Members (i.e., the “Settlement Payment”) using the Settlement Class Member’s preferred method within sixty twenty- one (6021) days of from the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, do not provide their preferred method of disbursement or such other period as may be ordered do not provide valid financial account information by the CourtClaims Deadline shall be deemed to have unclaimed their Settlement Benefit.
8.4 All Settlement Payments issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within ninety (90) days after the date of issuance (the “Check Void Date”). If a Settlement Class Member requests their Settlement Payment via check and the check is not cashed within ninety (90) days, the Settlement Class Member shall be deemed to have unclaimed their Settlement Payment.
8.5 To the extent any monies remain in the Net Settlement Fund more than one hundred fifty (150) days after the distribution of Settlement Payments to participating Settlement Class Members, a “Subsequent Settlement Payment” will be evenly made to all Participating Settlement Class Members whose claims for monetary benefits (Settlement Payments) were approved and, in the event the Settlement Class Member requested payment via check, also cashed or otherwise expressly allowed deposited their initial Settlement Payment, provided that the average Subsequent Settlement Payment is equal or greater to Ten Dollars and No Cents ($10.00). In the event that a Subsequent Settlement Payment would exceed Three Hundred Dollars and No Cents ($300.00), then the Parties will seek guidance from the Court on how to disburse the remaining Net Settlement Fund. If the average Subsequent Settlement Payment would be less than $10.00, the remaining Net Settlement Fund will be used to extend for as long as possible given the benefits claimed and utilized by law or Settlement Class Members. Any amount remaining in the Settling Parties' written agreementNet Settlement Fund after said extension is accomplished (the “Unclaimed Fund”), if any, shall be forever barred from receiving any payments or benefits pursuant distributed to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the JudgmentCy Pres Designee.
8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Plaintiffs' Counsel, and/or Nebraska Medicine's counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 (A) The Claims Settlement Administrator, subject to such supervision and direction by the Court, and/or Plaintiffs’ Co-Counsel as may be necessary (with input from Drizly’s Counsel as contemplated herein), shall administer the Proof of Claim and Release forms submitted by the Settling Class Members pursuant to the administrative procedures described in Appendix A. The Settlement Administrator shall administer and calculate oversee the claims submitted by Settlement distribution of cash payments to Settling Class Members that file timely and valid Proof of Claim and Release, pursuant to the administrative procedures described in Appendix B. The Settlement Administrator shall also prepare and file any required tax forms and provide instructions for the payment of any taxes assessed on the Escrow Account (if applicable) to be paid by Drizly.
(B) In order to be considered timely and valid, a Proof of Claim and Release must be electronically submitted or postmarked to the Settlement Administrator no later than ninety (90) days after the date on which the Notice Plan commences. Postmark dates shall constitute timely mailing. The Class Notice will specify this deadline and other relevant dates described herein. A Proof of Claim and Release that is sent to an address other than that designated by the Settlement Administrator, or that is not timely postmarked or electronically submitted, shall be invalid.
(C) The Settlement Administrator shall maintain reasonably detailed records of its activities under ¶ 2.1this Agreement. Class The Settlement Administrator shall retain all such records as required by law and under its normal business practices, and such records will be made available to Plaintiffs’ Co-Counsel and Nebraska Medicine Drizly’s Counsel upon request.
(D) Plaintiffs’ Co-Counsel and Drizly’s Counsel shall be given reports as to both claims made and distribution payments distributed and have the right to review and obtain supporting documentation and challenge such reports if they believe them to the extent necessary to resolve claims administration issues. be inaccurate or inadequate.
(E) The Claims Settlement Administrator's and claims referee's, as applicable, ’s determination of whether a Settlement Claim is a Valid Claim the validity or invalidity of any such claims shall be binding, subject to the dispute resolution process set forth in ¶ 2.5. All claims agreed Court review.
(F) Personal information relating to be paid in full or submitted by Nebraska Medicine Settlement Class Members pursuant to this Settlement Agreement shall be deemed confidential and protected as such by the Settlement Administrator, the Parties, and their respective counsel. Any customer records Drizly provides to the Settlement Administrator shall be stored and processed in a Valid Claimconfidential manner. The Settlement Administrator and Plaintiffs’ Co-Counsel shall not use or disclose such records for any purpose other than effectuating the Settlement contemplated by this Agreement.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60G) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim timely and valid Proof of Claim and Release form for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreementallowed, shall be forever barred from receiving any payments or benefits pursuant to the settlement Settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Final Judgment.
8.4 (H) No Person shall have any claim against the Claims Settlement Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs, Drizly, Plaintiffs' ’ Counsel, and/or Nebraska Medicine's counsel Drizly’s Counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by (I) Drizly agrees to pay all Class Notice and Settlement Class Members in connection with submitted claims under this Administration Costs. The Settlement Agreement Administrator will provide invoices to Plaintiffs’ Co-Counsel and Drizly’s Counsel at least every three months. Drizly agrees to pay such invoices within 30 days of receipt. (provided that if a portion of an invoice is disputed, Drizly shall be deemed confidential pay the undisputed portion of the invoice and protected as identify the disputed portion to the Settlement Administrator within such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicineperiod).
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members under ¶ 2.1¶¶ 2.1 and 2.2. Proposed Co-Lead Settlement Class Counsel and Nebraska Medicine Defendants shall be given reports as to both claims and distribution distribution, and have the right to review and obtain supporting documentation and challenge such reports if they believe them to the extent necessary to resolve claims administration issuesbe inaccurate or inadequate. The Claims Administrator's ’s and claims referee'sClaims Referee’s, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.52.4. All claims agreed to be paid in full by Nebraska Medicine Defendants shall be deemed a Valid Claimvalid.
8.2 Checks for Valid Claims shall be mailed and postmarked within sixty (60) days of the Effective Date, or within thirty (30) days of the date that the claim is approved, whichever is later.
8.3 All Settlement Class Members who fail to timely submit a claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreementallowed, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein and the Judgment.
8.4 No Person shall have any claim against the Claims Administrator, Claims Referee, Nebraska MedicineDefendants, Released Persons, Proposed Co-Lead Settlement Class Counsel, Plaintiffs, Plaintiffs' ’ Counsel, and/or Nebraska Medicine's Defendants’ counsel based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement
Administration of Claims. 8.1 9.1 The Claims Settlement Administrator shall administer and calculate the claims Settlement Claims submitted by Settlement Class Members under ¶ 2.1. Class Counsel and Nebraska Medicine shall be given give reports as to both claims and distribution distributions to Class Counsel and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇. Class Counsel, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and UPMC have the right to review and obtain supporting documentation and challenge those reports if they believe them to the extent necessary to resolve claims administration issues. The Claims Administrator's and claims referee's, as applicable, determination of whether a Settlement Claim is a Valid Claim shall be binding, subject to the dispute resolution process set forth in ¶ 2.5inaccurate or inadequate. All claims Settlement Claims agreed to be paid in full or in part by Nebraska Medicine ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ shall be deemed a Valid Claimvalid up to the amount paid.
8.2 Checks for Valid 9.2 Payment of Approved Claims shall be made by check and shall be mailed and postmarked within sixty (60) 60 days of after the Effective Date, or within thirty (30) 30 days of after the date that the claim Settlement Claim is approvedfinally approved (taking into account that the final amount approved may depend on the dollar value of other claims), whichever is laterlatest. After the Effective Date but with sufficient time for Approved Claims to be paid as provided for by ¶ 9.2, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ shall cause to be disbursed to an account as directed by the Claims Administrator funds sufficient for the Claims Administrator to pay the Approved Claims.
8.3 9.3 All Settlement Class Members who fail to timely submit a claim Settlement Claim for any benefits hereunder within the time frames set forth herein, or such other period as may be ordered by the Court, or otherwise expressly allowed by law or the Settling Parties' written agreement, shall be forever barred from receiving any payments or benefits pursuant to the settlement set forth herein, but will in all other respects be subject to, and bound by, the provisions of the Settlement Agreement, the releases contained herein herein, and the Judgment.
8.4 9.4 No Person person shall have any claim against the Claims Settlement Administrator, Claims Referee, Nebraska Medicine, Released Persons, Class Counsel, Plaintiffs▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Plaintiffs' Counsel▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ’s counsel, UPMC, UPMC’s counsel, and/or Nebraska Medicine's counsel the Representative Plaintiff based on distributions of benefits to Settlement Class Members.
8.5 Information submitted by Settlement Class Members in connection with submitted claims under this Settlement Agreement shall be deemed confidential and protected as such by the Claims Administrator, Claims Referee, Class Counsel, and counsel for Nebraska Medicine.
Appears in 1 contract
Sources: Settlement Agreement