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Deadline to File Claims in the BP DEEPWATER HORIZON Settlement Program

Deadline to File Claims in the Settlement Program

1. Introduction. Under Section 5.11.8 of the Settlement Agreement, “for all claims other than
those made under the Seafood Compensation Program, the deadline for submission of Claim Forms to
the Settlement Program shall be April 22, 2014 or 6 (six) months after the Effective Date,
whichever occurs later[.]” Section 38.62 of the Settlement Agreement states that the Effective
Date:
shall mean (1) the day following the expiration of the deadline for appealing the entry by the
Court of the Final Order and Judgment, if no such appeal is filed, or (2) if an appeal of the Final
Order and Judgment is filed, the date upon which all appellate courts with jurisdiction (including
the United States Supreme Court by petition for certiorari) affirm such Final Order and Judgment,
or deny any such appeal or petition for certiorari, such that no future appeal is possible, or (3)
such date as the Parties otherwise agree in writing.

The Claim Form Submission Deadline thus depends on when the Effective Date occurs.

2. Effective Date of the Settlement Agreement. April 22, 2014 will not be the deadline to submit
new claims to the Settlement Program. Because none of the triggering events as enumerated within
Section 38.62 have occurred as of the date of this Alert, the Effective
Date has not yet been reached. Because the deadline for filing claims will occur on the latter of
April 22, 2014 or six months after the Effective Date, the claim filing deadline will necessarily
occur after April 22, 2014. Therefore, Claimants who have not previously been paid on a claim must
file their Claim Forms within six months after the Effective Date. The Effective Date, as expressed
in Section 38.62, will be 1) the date upon which all appellate courts of jurisdiction affirm the
District Court’s Final Approval Order, or deny such an appellate petition, such that no future
appeal is possible; or 2) the date otherwise agreed upon by BP and Class Counsel. As neither of
these events have occurred, the Claims
Administrator does not yet know the Effective Date or the final deadline to submit new claims to
the Settlement Program.

3. Deadline to File Seafood Compensation Program Claims. The deadline to file all Claim Forms in
the Seafood Compensation Program was January 22, 2013. The Effective Date of the Settlement
Agreement, once determined and announced, will not affect this deadline.

4. Deadline for Claimants Who Have Previously Been Paid by the Claims Administrator.
The deadline for Claimants who have previously been paid by the Claims Administrator to
file additional Claim Forms is six months (180 days) after the date of the first payment, but in no
event shall Claim Forms be filed later than six months after the Effective Date of the Settlement
Agreement. This does not affect the Seafood Compensation Program claims deadline of January 22,
2013.

5. Questions. If you have any questions regarding the information in this Alert, please email us
at [email protected], call us at 1-800-353-1262, or visit a Claimant Assistance Center. Law
firms should contact their Law Firm Contacts for assistance.