Determination of Claims. 1. In determining the eligibility or entitlement of a person to a benefit by virtue of this Agreement:
Determination of Claims. Within fourteen (14) days of the conclusion of the Claim Period, the Class Administrator shall determine: (i) whether each Settlement Class Member’s Proof of Claim (for those Settlement Class Members who submit claims) complies with Paragraph 31 above, and (ii) the Automatic Payment and Medical Monitoring Payment for each Settlement Class Member, as applicable, in accordance with Paragraphs 6 and 34. The Class Administrator promptly shall give notice to Class Counsel and Virgin Scent’s Counsel of its determinations.
Determination of Claims. In case Seller shall, in the manner provided in Section 3.2 hereof, object in respect of any Claim (or any portion thereof) made by Buyer, then Seller and Buyer shall, within the seven (7) day period beginning on the date of the receipt by Buyer of such written objection, attempt in good faith to agree upon the rights and obligations of the respective parties with respect to such Claim and how such Claim shall be paid. If Seller and Buyer so agree, a memorandum setting forth such agreement shall be prepared and signed by both parties. The Escrow Agent shall be entitled to rely on any such memorandum and shall, to the extent of the Escrow Fund and the direction in such memorandum, make payment to Buyer as provided in such memorandum. If Seller and Buyer fail to so agree, such dispute shall be settled either by (a) mutual agreement of Buyer and Seller, evidenced by single written instructions to the Escrow Agent, (b) a binding and final arbitration award, provided the parties have agreed in the Purchase Agreement or otherwise to arbitration with respect to the matters in dispute, or (c) a final judgment, order or decree of a court of competent jurisdiction in the United States of America (the time for appeal therefrom having expired and no appeal having been perfected), all costs and expenses of which (including reasonable attorneys' fees) shall be borne by the party against whom the dispute is settled as aforesaid. Buyer and Seller agree to proceed in good faith and use their best efforts to resolve any disputes hereunder in a timely and commercially reasonable manner. The Escrow Agent shall be under no duty to institute or defend any such proceedings, and none of the costs and expenses of any such proceedings shall be borne by the Escrow Agent. Upon receipt of a certificate of Buyer as to such determination, the Escrow Agent shall deliver to Buyer free and clear of any interest of Seller, from the Escrow Fund, an amount equal to the amount of such Claim payable to Buyer pursuant to such determination.
Determination of Claims. 25 Defendants shall have the right (but not the obligation) to verify the truthfulness of the 26 representations on any Claim Form and the right (but not the obligation) to reject any claim on 27 which a material misrepresentation appears. Representative Plaintiff(s) will have the option to 28 contest any rejection and any dispute will be decided by the Court, as provided in Section 3(4),
Determination of Claims. Newsvine and/or the claims administrator may reject or deny any claims based on Newsvine’s records. If a Class Member’s claim form is properly completed (including an affirmation under penalty of perjury that the Class Member satisfies the preconditions to payment), signed and submitted within the specified time, and Newsvine does not deny the claim, that Class Member will be deemed an “Eligible Claimant” entitled to the Claim Payment applicable to that Eligible Claimant, as computed based on Newsvine’s records. Each claimant, whether eligible or ineligible, shall be deemed to have submitted to the jurisdiction of the Court with respect to the claimant’s claim, and the claim will be subject to investigation and discovery to the extent the Court allows. No discovery shall be allowed on the merits of the Action or this Agreement in connection with processing of the claim forms.
Determination of Claims. An Indemnification Claim (other than any Indemnification Claim involving a Third Party Claim, which shall be payable as provided in Section 5.3 above) shall be payable under Section 5.1 above by Xxxxxx or under Section 5.2 above by Top Air, as applicable, when (i) there is a mutual agreement between the indemnified party and the indemnifying party as to the indemnifying party's liability for such Indemnification Claim and the amount of such liability, or (ii) a final judgment is rendered by a court of competent jurisdiction (and such judgment is not stayed for a period of 60 days) with respect to the indemnifying party's liability for the Indemnification Claim and the amount of such liability. The amount which an indemnifying party is required to pay to, for or on behalf of any indemnified party pursuant to Article VII shall be adjusted (including, without limitation, retroactively) (i) by any insurance proceeds actually recovered by such indemnified party in reduction of the indemnifiable loss (the "Indemnifiable Loss"); (ii) to take account of any tax benefit realized as a result of any Indemnifiable Loss; and (iii) by the amount of any now existing reserves relating to such claim.
Determination of Claims. After receipt of a Request for Change Order, the Owner, in consultation with the Architect-Engineer, shall deliver to the Construction Manager its written determination of the claim. As to matters subject to the determination by final agency action (not actions for breach of contract or tort) the Owner’s written decision shall be final agency action unless the Construction Manager requests an administrative proceeding pursuant to Section 120.57, Florida Statutes, by filing a petition in compliance with Rule Chapter 60- 4, F.A.C. within thirty (30) days of the Construction Manager’s receipt of the Owner’s determination.
Determination of Claims. The Settlement Administrator shall review each Claim Form that is submitted. The Settlement Administrator shall use all reasonable efforts to complete its review of all Claim Forms no later than twenty-eight (28) calendar days after the deadline for submitting a Claim Form. If the Claim Form is timely, sets forth the requisite information, is signed (by written or electronic signature), is not duplicative of a previously approved claim, and there is no indicia of fraud, then the Settlement Administrator will approve the claim. Robinhood and Class Counsel will have the right (but not the obligation) to verify the truthfulness of the representations on any claim and the right (but not the obligation) to reject any claim on which a material misrepresentation appears. If the Settlement Administrator suspects that a Claim Form was fraudulently submitted, the Settlement Administrator will notify the Parties’ counsel and provide the Parties an opportunity to investigate the potentially fraudulent claim. Any disputes over the validity of a Claim Form will be promptly presented to and resolved by the Court. The Settlement Administrator will provide updates on a weekly basis to, and as requested by, the Parties’ counsel on the number of claims that are denied, approved, or pending.
Determination of Claims. An employee who is absent from work as a result of an illness or injury sustained at work and who has been awaiting approval of claim for benefits for a period longer than one complete pay period may apply to the Hospital for payment equivalent to the lesser of the benefit she would receive from benefits if her claim was approved, or the benefit to which she would be entitled under the short term sick leave plan. Payment will be provided only if the employee provides evidence of disability satisfactory to the Hospital and a written undertaking satisfactory to the Hospital that any payments will be refunded to the Hospital following final determination of the claim by the Workplace Safety Insurance Board. If the claim for benefits is not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the short term sick leave plan. Any payment under this provision will continue for a maximum of fifteen (15) weeks."
Determination of Claims. 1. No entitlement to payment of benefits shall be acquired under this Agreement for any period prior to the date of its entry into force.
