Common use of Validity of Claims Clause in Contracts

Validity of Claims. 2.7.1 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support a claim for Out-of-Pocket Expenses, pursuant to ¶¶ 2.7.2 and 2.7.3; and (3) the information submitted could lead a reasonable person to conclude that more likely than not the claimant has suffered the claimed expenses as a result of the Data Incident. Subject to ¶¶ 2.7.2 and 2.7.3, the Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed expenses, and claims previously made for identity theft and the resolution thereof. 2.7.2 Upon receipt of an incomplete or unsigned Claim Form the Claims Administrator shall request additional information and give the claimant thirty (30) days to cure the defect before rejecting the claim. If the defect is not cured to the satisfaction of the Claims Administrator, then the claim will be deemed invalid, there shall be no obligation to pay the defective claim, and the claim shall not be considered a Valid Claim. 2.7.3 For a Claim Form for an Out-of-Pocket Expense that is not accompanied by sufficient documentation to support the claimed expenses, within thirty (30) days from the Claims Deadline, the Claims Administrator shall request additional information and give the claimant thirty (30) days to cure the defect before rejecting the claim, in whole or in part. If the defect is not cured to the satisfaction of the Claims Administrator, then any claim for Out-of- Pocket Expenses under section ¶ 2.3.1 will be deemed invalid to the extent the documentation does not support the claim and as a Valid Claim to the extent the documentation supports the claim. Following receipt of additional information requested by the Claims Administrator, the Claims Administrator shall have thirty (30) days to accept, in whole or lesser amount, or reject each claim. To the extent the claim is deemed invalid by the Claims Administrator, there will be no obligation to pay the claim and it will not be considered a Valid Claim. Notwithstanding the foregoing, if a claim for reimbursement of Out-of-Pocket Expenses under section ¶ 2.3.1 (i) includes sufficient information for the claim to be paid as a Cash Payment claim but otherwise is invalid in whole or in part as an Out-of-Pocket Expenses claim and (ii) the claim would be paid out at less than the amount that claims for Cash Payments under section 2.3.2 of this Settlement Agreement are receiving, then the Claims Administrator shall treat the claim as a claim for Cash Payment under section 2.3.2 of this Settlement Agreement (in other words a claim for Out-of-Pocket Expenses that is invalid in whole or in part as an Out-of-Pocket Expenses claim should still receive as much as a claim for a Cash Payment would receive if there claim would otherwise satisfy the requirements for a Cash Payment claim if it had been submitted as such).

Validity of Claims. 2.7.1 2.6.1 The Claims Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support a claim for Out-of-Pocket ExpensesLosses, pursuant to ¶¶ 2.7.2 2.3.1 and 2.7.32.6; and (3) the information submitted could lead a reasonable person to conclude that more likely than not the claimant has suffered the claimed losses or expenses as a result of the Data Incident. Subject to ¶¶ 2.7.2 and 2.7.3¶ 2.6, the Claims Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed expenses, and claims previously made for identity theft and the resolution thereof. 2.7.2 2.6.2 Upon receipt of an incomplete or unsigned Claim Form the Claims Administrator shall request additional information and give the claimant thirty (30) days to cure the defect before rejecting the claim. If the defect is not cured to the satisfaction of the Claims Administrator, then the claim will be deemed invalid, there shall be no obligation to pay the defective claim, and the claim shall not be considered a Valid Claim. 2.7.3 2.6.3 For a Claim Form for an Out-of-Pocket Expense Loss that is not accompanied by sufficient documentation to support the claimed expenses, within thirty (30) days from after the Claims Deadline, the Claims Administrator shall request additional information and give the claimant thirty (30) days to cure the defect before rejecting the claim, in whole or in part. If the defect is not cured to the satisfaction of the Claims Administrator, then any claim for Out-of- of-Pocket Expenses Losses under section ¶ 2.3.1 will be deemed invalid to the extent the documentation does not support the claim and as a Valid Claim to the extent the documentation supports the claim. Following receipt of additional information requested by the Claims Administrator, the Claims Administrator shall have thirty (30) days to accept, in whole or lesser amount, or reject each claim. To the extent the claim is deemed invalid by the Claims Administrator, there will be no obligation to pay the claim and it will not be considered a Valid Claim. Notwithstanding the foregoing, if a claim for reimbursement of Out-of-Pocket Expenses under section ¶ 2.3.1 (i) includes the failure to provide sufficient information for the claim to be paid as a Cash Payment claim but otherwise is invalid in whole or in part as an Out-of-Pocket Expenses claim and (ii) the claim would be paid out at less than the amount that claims for Cash Payments under section 2.3.2 of this Settlement Agreement are receiving, then the Claims Administrator shall treat the claim as a claim for Cash Payment under section 2.3.2 of this Settlement Agreement (in other words support a claim for Out-of-Pocket Expenses that is invalid in whole or in part as an Out-of-Pocket Expenses claim should still receive as much as Losses shall have no impact on a claim claimant’s eligibility for a Pro Rata Cash Payment would receive if there claim would otherwise satisfy the requirements for a Cash Payment claim if it had been submitted as such)and/or CCPA Payment.

Validity of Claims. 2.7.1 2.5.1 The Claims Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support a claim for Out-of-Pocket ExpensesLosses, pursuant to ¶¶ 2.7.2 2.3.1 and 2.7.32.6; and (3) the information submitted could lead a reasonable person to conclude that more likely than not the claimant has suffered the claimed losses or expenses as a result of the Data Incident. Subject to ¶¶ 2.7.2 and 2.7.3¶ 2.6, the Claims Settlement Administrator may, at any time, request from the claimant, in writing, additional information as the Claims Settlement Administrator may reasonably require in order to evaluate the claim, e.g., documentation requested on the Claim Form, information regarding the claimed expenses, and claims previously made for identity theft and the resolution thereof. 2.7.2 2.5.2 Upon receipt of an incomplete or unsigned Claim Form the Claims Settlement Administrator shall request additional information and give the claimant thirty (30) days to cure the defect before rejecting the claim. If the defect is not cured to the satisfaction of the Claims Settlement Administrator, then the claim will be deemed invalid, there shall be no obligation to pay the defective claim, and the claim shall not be considered a Valid Claim. 2.7.3 2.5.3 For a Claim Form for an Out-of-Pocket Expense Loss that is not accompanied by sufficient documentation to support the claimed expenses, within thirty (30) days from after the Claims Deadline, the Claims Settlement Administrator shall request additional information and give the claimant thirty (30) days to cure the defect before rejecting the claim, in whole or in part. If the defect is not cured to the satisfaction of the Claims Settlement Administrator, then any claim for Out-of- of-Pocket Expenses Losses under section ¶ 2.3.1 will be deemed invalid to the extent the documentation does not support the claim and as a Valid Claim to the extent the documentation supports the claim. Following receipt of additional information requested by the Claims Settlement Administrator, the Claims Settlement Administrator shall have thirty (30) days to accept, in whole or lesser amount, or reject each claim. To the extent the claim is deemed invalid by the Claims Settlement Administrator, there will be no obligation to pay the claim and it will not be considered a Valid Claim. Notwithstanding the foregoing, if a claim for reimbursement of Out-of-Pocket Expenses under section ¶ 2.3.1 (i) includes the failure to provide sufficient information for the claim to be paid as a Cash Payment claim but otherwise is invalid in whole or in part as an Out-of-Pocket Expenses claim and (ii) the claim would be paid out at less than the amount that claims for Cash Payments under section 2.3.2 of this Settlement Agreement are receiving, then the Claims Administrator shall treat the claim as a claim for Cash Payment under section 2.3.2 of this Settlement Agreement (in other words support a claim for Out-of-Pocket Expenses that is invalid in whole or in part as an Out-of-Pocket Expenses claim should still receive as much as Losses shall have no impact on a claim claimant’s eligibility for a Pro Rata Cash Payment would receive if there claim would otherwise satisfy the requirements for a Cash Payment claim if it had been submitted as such)and/or CCPA Payment.