Common use of Exclusion from Class Clause in Contracts

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days after the Notice Deadline (the “Opt-Out Deadline”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after the Notice Deadline (the “Opt-Out Deadline”). The written notification must include the name of the Actionproceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude himself or herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days after the Notice Deadline (the “Opt-Out Deadline”), 2024. The written notification must include the individual’s name of and address; a statement that he or she wants to be excluded from the Action, ; and the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Actionsignature. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than , 2024. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement AgreementSettlement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a shall individually sign and timely submit written notification notice of the such intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the designated Post Office box established by the Settlement Administrator at Administrator. The written notice must (i) identify the address provided in case name and number of this lawsuit (▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇ v. DaVita Inc., Case No. ); (ii) state the NoticeSettlement Class Member’s full name, address, and telephone number; (iii) contain the Settlement Class Member’s personal and original signature; (iv) state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, and; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, written notice must be postmarked no later than 45 sixty (60) Days after the Notice Deadline Date (the “Opt-Out DeadlineDate”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement AgreementSettlement. If a Final Approval Order and Final Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release and the dismissal with prejudice set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a individually sign and timely submit written notification notice of the such intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to designated Post Office box established by the Settlement Claims Administrator at in the address manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than 45 Days after the Notice Deadline Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and 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. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out DeadlineList”). The written notification must include If a Final Order and Judgment is entered, all Persons falling within the name definition of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does Settlement Class who do not wish request to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly be excluded themselves from the Settlement ClassClass shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. Any Settlement Class Member All Persons who does not submit valid and timely and validly exclude herself or himself notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the such intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days days after the Notice Deadline (the “Opt-Opt- Out Deadline”). The written notification must include the individual’s name of and address; a statement that he or she wants to be excluded from the Action, ; and the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Actionsignature. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement AgreementSettlement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, orders and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must personally sign, and timely submit, complete, and mail a written notification of the intent to exclude himself or herself from the Settlement Class request for exclusion (a “Request for ExclusionOpt-Out Request”) to the Settlement Administrator at the address provided in the Notice. To be effective, an Opt-Out Request must clearly manifest the Settlement Class Member’s intent to be excluded from the Settlement Class, and be postmarked no later than 45 Days after the final date of the Opt- Out Period, which is the sixty (60)-Day period beginning upon the Notice Deadline (the “Opt-Out Deadline”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit timely, valid and timely Requests for Exclusion Opt-Out Requests, shall receive no benefits or compensation under the Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be entitled bound by the Settlement Agreement, and shall have no right to receive object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. An Opt-Out Request or other request for exclusion that does not fully comply with the requirements for requesting exclusion from the Settlement Class or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, will be invalid, and the person submitting such request will be treated as a Settlement Class Member and will be bound by the Settlement Agreement, including the Release contained therein, and any benefits judgment entered thereon. Within fourteen (14) Days after the last Day of the SettlementOpt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to Froedtert Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Claims Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the Notice Deadline date of this Order (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable telephone number; an unequivocal statement that the individual does not wish he or she wants to participate in be excluded from the Settlement at the top of the communication, Class; and the original signature of the individual or a person previously authorized by law law, to act on behalf of the individual with respect to the claims asserted in the this Action. The Settlement Claims Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit FILED DATE: 7/11/2022 8:54 PM 2021CH06274 valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Class Member wishing to opt out of the Settlement Class Member who wishes shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator. The written opt out notice must clearly manifest a person’s intent to be excluded from the Settlement Class Class. The written opt out notice must mail include the individual’s name and address; a written notification of the intent statement that he or she wants to exclude himself or herself be excluded from the Settlement Class (a “Request for Exclusion”) to Class; and the Settlement Administrator at the address provided in the Noticeindividual’s signature. To be effective, written opt out notice must be postmarked no later than 45 Days 120 days after the Notice Deadline (date of entry of this Order. No later than 130 days from the “Opt-Out Deadline”). The written notification must include the name date of the Actionentry of this Order, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with with: (a) copies of all completed Requests for Exclusionopt-out notifications, and (b) a final list of all who have timely and validly excluded themselves from the Settlement ClassClass (the “Opt-Out Members”). Any Settlement No later than 10 days prior to the final approval hearing, Class Member Counsel shall file this list of Opt-Out List Members with the Court for purposes of being attached to the Judgment to be entered upon final approval. All Class Members who does not submit valid and timely and validly exclude herself or himself notices of their intent to be excluded from the Settlement Class shall not receive any benefits of or be bound by the terms of this Settlement Agreement. All Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class shall also waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement. All Class Members who do not submit valid and timely notices of their intent to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion shall not be entitled to receive any benefits of the Settlemententered thereon.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit an exclusion request electronically on the Settlement Website, or mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days 120 days after entry of the Notice Deadline Preliminary Approval Order (the “Opt-Out Deadline”). The written notification must include the individual’s name of and address; a statement that he or she wants to be excluded from the Action, ; and the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Actionsignature. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement AgreementSettlement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and JudgmentRelease, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any monetary benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after the date Notice Deadline is mailed to the Settlement Class Members (the “Opt-Out Deadline”). The written notification must include the name of the Actionproceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude himself or herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a an individual written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Claims Administrator at the address provided in the Notice, postmarked no later than 45 Days after sixty (60) days from the Notice Deadline (the “Opt-Out Deadline”). The written notification notice must include clearly manifest a person’s intent to be excluded from the name of Settlement Class and must be signed by the Actionindividual seeking to be excluded from the class. Within seven (7) days after the Opt-Out Deadline, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Claims Administrator shall provide the Settling Parties with copies of all completed Requests for Exclusion, a complete and a final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement ClassClass and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than seven (7) days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member – including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims or transactions released in the Settlement Agreement – who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator in the manner provided in the Notice. The written notice must include the Settlement Class Member’s name, address, telephone number, and e-mail a written notification address (if the Settlement Class Member has one), stating that the Settlement Class Member requests exclusion from the Settlement Class, and must be signed by the Settlement Class Member. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. A complete list of all Settlement Class Members who submitted timely, valid exclusion requests (opt-outs) will be filed with the Court as part of the intent declaration or affidavit of the Settlement Administrator, at the same time that Plaintiffs file their Motion for Final Approval of the Class Action Settlement. The Court will permit the list to exclude himself or herself be anonymized, referring to the Settlement Class Members opting-out by their unique Class Member IDs assigned to them by the Settlement Administrator in any public filings. If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class (a “Request for Exclusion”) to shall be bound by the terms of this Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days after the Notice Deadline (the “Opt-Out Deadline”). The written notification must include the name of the Action, the individual’s full name, current address, Agreement and the words “Request for Exclusion” or a comparable statement that the individual does not wish Final Order and Judgment. All Persons who submit valid and timely notices of their intent to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly be excluded themselves from the Settlement Class. Any Settlement Class Member who does shall not timely and validly exclude herself or himself from the Settlement shall receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded Electronically Filed - ▇▇▇▇▇▇▇ - Kansas City - December 30, 2020 - 01:40 PM from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the Notice Deadline date of this Order (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable telephone number; an unequivocal statement that the individual does not wish he or she wants to participate in be excluded from the Settlement at the top of the communication, Class; and the original signature of the individual or a person previously authorized by law law, to act on behalf of the individual with respect to the claims asserted in the this Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, DocuSign Envelope ID: AEC164D7-476E-46AC-AF7B-FE809C8285C5 postmarked no later than 45 60 Days after from the date of Notice Deadline (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Actionproceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Claims Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after the date on which Notice Deadline is sent (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable telephone number; an unequivocal statement that the individual does not wish he or she wants to participate in be excluded from the Settlement at the top of the communication, Class; and the original signature of the individual or a person previously authorized by law law, to act on behalf of the individual with respect to the claims asserted in the this Action. The Settlement Claims Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. ocument Submitted for Filing to MI Oakland County 6th Circuit Court. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail submit a written notification of the intent to exclude himself or herself from the Settlement Class (a “valid and timely Request for Exclusion”) . Valid Settlement Class Member Requests for Exclusion must be submitted to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days sixty (60) days after the Notice Deadline (the “Opt-Out Deadline”). The written notification Request for Exclusion must include the name of the Actionproceeding, the individual’s full name, individual’s current address, individual’s personal signature, and the words “Request for Exclusion” (or a comparable statement indicating that the individual does not wish to participate in the Settlement Settlement) at the top of the communication. If Defendants void the Settlement Agreement according to its terms, Defendant will be obligated to pay the Administration and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect Notice Costs incurred up to the claims asserted in date the right to cancel or terminate is exercised and shall not, at any time, seek recovery of same from any other party to the Action or from counsel to any other party to the Action. The Settlement Claims Administrator shall provide the Parties with copies promptly furnish to Class Counsel and to Defendants’ counsel a complete list of all completed timely and valid Requests for Exclusion. If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not submit valid and a final list of all who have timely and validly requests to be excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order Agreement and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members Persons who submit valid and timely Requests for Exclusion requests to be excluded from the Settlement Class shall not be entitled to receive any benefits of and/or be bound by the Settlementterms of the Settlement Agreement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the Notice Deadline date of this Order (the “"Opt-Out Deadline”Period"). The written notification must include the name of the Action, the individual’s 's full name, current address, and the words “Request for Exclusion” or a comparable telephone number; an unequivocal statement that the individual does not wish he or she wants to participate in be excluded from the Settlement at the top of the communication, Class; and the original signature of the individual or a person previously authorized by law law, to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt­ out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and and 269805938v.1 judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the date of Notice Deadline (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Actionproceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file with the Court no later than 10 Days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 90 Days after from the Notice Deadline date of this Order (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable telephone number; an unequivocal statement that the individual does not wish he or she wants to participate in be excluded from the Settlement at the top of the communication, Class; and the original signature of the individual or a person previously authorized by law law, to act on behalf of the individual with respect to the claims asserted in the this Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any person falling within the definition of the Class may, upon request, be excluded or “opt out” from the Class. Any such person who desires to request exclusion from the Class must submit a fully-completed Request For Exclusion. To be valid, the Request for Exclusion must be (i) submitted electronically on the Settlement Website, or (ii) postmarked or received by the Settlement Administrator on or before the end of the Opt-Out Period, which shall expire ninety (90) days following the Notice Date. In the event the Settlement Class Member who wishes Members submit a Request for Exclusion to the Settlement Administrator via US Mail such Request for Exclusion must be in writing and must identify the case name In re Premera Blue Cross Customer Data Security Breach Litigation, Case No. 3:15-md-2633-SI; state the name, address and telephone number of the Settlement Class Members seeking exclusion; be physically signed by the Person(s) seeking exclusion; and must also contain a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the NoticeIn re Premera Blue Cross Customer Data Security Breach Litigation, postmarked no later than 45 Days after the Notice Deadline (the “OptCase No. 3:15-Out Deadline”). The written notification must include the name of the Action, the individual’s full name, current address, md-2633-SI.” All persons and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members entities who submit valid and timely Requests for For Exclusion as set forth in this Order and the Notice shall have no rights under the Settlement, shall not share in the distribution of the Settlement Fund, and shall not be entitled to receive bound by the Settlement or any benefits of the Settlementfinal judgment entered in this Action.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after the date Notice Deadline is mailed to the Settlement Class Members (the “Opt-Out Out/Exclusion Deadline”). The written notification must include the name of the Actionproceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude himself or herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 sixty (60) Days after from the Notice Deadline (the “Opt-Out Deadline”). The written notification must include all of the information set forth in Paragraph 5.56 of the Settlement Agreement, as follows: (i) state the name of the Action, this proceeding; (ii) state the individual’s full name, current address; (iii) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, and such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the Lawsuit); and (iv) contain the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court, no later than seven (7) Days after the last day of the Opt-Out Deadline. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including including, but not limited to to, the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the Notice Deadline date of this Order (the “Opt-Out DeadlinePeriod”). The written notification must include the name of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable telephone number; an unequivocal statement that the individual does not wish he or she wants to participate in be excluded from the Settlement at the top of the communication, Class; and the original signature of the individual or a person previously authorized by law law, to act on behalf of the individual with respect to the claims asserted in the this Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusionopt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties Persons relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days after the date Notice Deadline is mailed to the Settlement Class Members (the “Opt-Out Out/Objection Deadline”). The written notification must include the name of the Actionproceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude himself or herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a individually sign and timely submit written notification notice of the such intent to exclude himself or herself the designated Post Office box established by the Settlement Administrator in the manner provided in the Notice. The written notice must clearly manifest a person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than forty-five (45) days from the Notice Commencement Date, and as stated in the Notice. Any Settlement Class Member who submits a valid notice to be excluded from the Settlement Class (a “Request for Exclusion”) waives any rights under Paragraph 10 and may not assert objections. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred by the Settlement Administrator through the date of termination, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the address provided in Litigation or from counsel to any other party to the Notice, postmarked no later than 45 Days after the Notice Deadline Litigation. The Settlement Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out DeadlineList”). The written notification must include If a Final Order and Judgment is entered, all persons falling within the name definition of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does Settlement Class who do not wish request to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly be excluded themselves from the Settlement ClassClass shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. Any Settlement Class Member All Persons who does not submit valid and timely and validly exclude herself or himself notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion shall not be entitled to receive any benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a individually sign and timely submit written notification notice of the such intent to exclude himself or herself from the Settlement Class (a “Request for Exclusion”) to designated Post Office box established by the Settlement Claims Administrator at in the address manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than 45 Days after the Notice Deadline Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representatives and 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. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out DeadlineList”). The written notification must include If a Final Order and Judgment is entered, all Persons falling within the name definition of the Action, the individual’s full name, current address, and the words “Request for Exclusion” or a comparable statement that the individual does Settlement Class who do not wish request to participate in the Settlement at the top of the communication, and the original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted in the Action. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who have timely and validly be excluded themselves from the Settlement ClassClass shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. Any Settlement Class Member All Persons who does not submit valid and timely and validly exclude herself or himself notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion shall not be entitled to receive any benefits of the Settlement.