Fairly Traceable definition
Fairly Traceable means (1) the timing of the Out-of-Pocket Loss occurred on or after August 17, 2019, and (2) in the sole determination of the Settlement Administrator, exercising reasonable discretion, the Out-of-Pocket Loss could reasonably be a result of the Incident.
Fairly Traceable where causation means more than speculative but less than but-for, the
Fairly Traceable to the Incident. In assessing what qualifies as “fairly traceable,” the Parties agree to instruct the Settlement Administrator to consider (i) the timing of the loss, including whether the loss occurred after the AMCA Security Incident; and (ii) the nature of the loss, including whether the loss was reasonably incurred as a result of the AMCA Security Incident. The Settlement Administrator shall have the sole discretion and authority to determine whether claimed Out-of-Pocket Losses are valid and fairly traceable to the AMCA Security Incident but may consult with Class Counsel in making individual determinations.
Examples of Fairly Traceable in a sentence
The Settlement Administrator shall approve a Settlement Claim if the Settlement Administrator determines that (1) the claimant is a Settlement Class Member; (2) the claimant has provided all information required to complete the Claim Form by the Claims Deadline, including the information required under Paragraph 7.1 (if applicable); and (3) the Out-of-Pocket Losses for which reimbursement is sought are Fairly Traceable to the Incident (if applicable).
More Definitions of Fairly Traceable
Fairly Traceable means that in the sole determination of the Settlement Administrator, exercising reasonable discretion, the Out-of-Pocket Loss could reasonably be a result of the Incident or a result of the receipt of the email or letter from Audi dated on or about June 11, 2021, informing the Class Member of such Incident.