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 individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims 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 sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, and as stated in the Notice. In the event that within ten (10) days after the Opt-Out Date as approved by the Court, there have been more than one hundred (100) timely and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying Class Counsel and the Court in writing, void the Settlement Agreement. If Trussway voids the Settlement Agreement, Trussway 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to Trussway’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). 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 shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely 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.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit such an Opt-Out Request through the Settlement Website or mail a written notice of such intent Opt-Out Request for exclusion to the designated Post Office box established by the Claims Administrator at the address and in the manner provided in the Notice. The written notice Such Opt-Out Requests for exclusions 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 meet the Opt-Out Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, Deadline established by this Order and as stated in the Notice. In the event that within ten (10) days after the An Opt-Out Date as approved by the Court, there have been more than one hundred (100) timely and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying Class Counsel and the Court in writing, void the Settlement Agreement. If Trussway voids the Settlement Agreement, Trussway 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to Trussway’s counsel a complete list of all timely and valid requests Request for exclusion must be in writing and: (a) state the name of this proceeding ((Kukorinis v. Walmart, Inc., No. 1:19-cv-20592-▇▇▇▇▇▇▇▇/▇▇▇▇▇-▇▇▇▇▇ or similar identifying words such as “Opt-Out ListWalmart Weighted Goods Class Action”). If a Final Order ; (b) state the name and Judgment is entered, all Persons falling within the definition address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. An Opt-Out Request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such a request shall, if the Final Judgment and Order of Dismissal is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. who do has not request to be excluded submitted a timely, valid written Opt-Out Request for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, including but not limited to the terms of this Settlement Agreement and release set forth in the Final Judgment and Order and Judgmentof Dismissal. All Persons Settlement Class Members who submit valid and timely notices of their intent Opt-Out Requests for exclusion shall not be entitled to be excluded receive any benefits from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address 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 sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in of this Order (the Settlement Agreement, and as stated in the Notice. In the event that within ten (10) days after the “Opt-Out Date as approved Date”). The written notification must include the individual’s full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class; and the original signature of the individual or a person previously authorized by law to act on behalf of the Court, there individual with respect to the claims asserted here. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications and a final list of all who have been more than one hundred (100) timely and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying Class Counsel and the Court in writing, void validly excluded themselves from the Settlement Agreement. If Trussway voids the Settlement Agreement, Trussway 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. Within within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to which Settlement Class Counsel and may move to Trussway’s counsel a complete list of all file under seal with the Court no later than ten (10) days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and valid requests for exclusion (the “Opt-Out List”). 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 validly exclude herself or himself from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely 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 Final 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 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 Release set forth in the Final Order and Judgment. All Settlement Class Members who submit valid and timely 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 mail a written notice of such intent request for exclusion to the designated Post Office box established by Settlement Administrator at the Claims Administrator address and 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 Such requests for exclusion exclusions must be postmarked no later than meet the Optopt-Out Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, out deadline established by this Order and as stated in the Notice. In A request for exclusion must be in writing and: (a) state the event that within ten name of this proceeding (10▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, et al., v. Virgin Scent, Inc. and Walmart, Inc., No. 21-cv- 60643-RKA (S.D. Fla.), or similar identifying words such as “Virgin Scent” or “Artnaturals” and “Hand Sanitizer Litigation”); (b) days after state the Opt-Out Date as approved name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the CourtSettlement Class Member. A request for exclusion that does not include the foregoing information, there have been more or that is sent to an address other than the one hundred (100) timely and valid Opt-Outs (exclusions) submitteddesignated in the Notice, Trussway may, by notifying Class Counsel or that is not received within the specified time shall be invalid and the Court in writingSettlement Class Member serving such a request shall, void if the Settlement Agreement. If Trussway voids the Settlement Agreement, Trussway 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to Trussway’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all Persons falling requests for exclusion to Class Counsel and to Defendant’s Counsel within the definition 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who do has not submitted a timely, valid written request to be excluded for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Approval Order and Judgment. All Persons Settlement Class Members who submit valid and timely notices of their intent requests for exclusion shall not be entitled to be excluded receive any benefits from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice of such intent request for exclusion to the designated Post Office box established by Settlement Administrator at the Claims Administrator address and in the manner and within the time 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 Such requests for exclusion exclusions must be postmarked no later than meet the Optopt-Out Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, out deadline established by this Order and as stated in the Notice. In Any member of the event that within ten (10) days after Settlement Class who does not properly and timely opt-out of the Opt-Out Date as approved Settlement shall, upon entry of the Order and Final Judgment, be bound by all the Courtterms and provisions of the Settlement Agreement, there have been more than one hundred (100) timely whether or not such Settlement Class Member objected to the Settlement and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying whether or not such Settlement Class Counsel and the Court in writing, void Member received consideration under the Settlement Agreement. If Trussway voids A request for exclusion must be in writing and: (a) state the name of this proceeding (Everetts v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach Lawsuit”); (b) state the name and address of the Settlement AgreementClass Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, Trussway will or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel invalid and the Service Award to Settlement Class Member serving such a request shall, if 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to Trussway’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all Persons falling requests for exclusion to Class Counsel and to Defendant’s Counsel within the definition 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who do has not submitted a timely, valid written request to be excluded for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Approval Order and Judgment. All Persons Settlement Class Members who submit valid and timely notices requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of their intent the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class shall not receive any cash benefits of and/or will be bound by enjoined from proceeding against the terms of Released Persons under the Settlement AgreementAgreement with respect to the Release Claims.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice of such intent request for exclusion to the designated Post Office box established by Settlement Administrator at the Claims Administrator address and in the manner and within the time 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 Such requests for exclusion exclusions must be postmarked no later than meet the Optopt-Out Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, out deadline established by this Order and as stated in the Notice. In Any member of the event that within ten (10) days after Settlement Class who does not properly and timely opt-out of the Opt-Out Date as approved Settlement shall, upon entry of the Order and Final Judgment, be bound by all the Courtterms and provisions of the Settlement Agreement, there have been more than one hundred (100) timely whether or not such Settlement Class Member objected to the Settlement and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying whether or not such Settlement Class Counsel and the Court in writing, void Member received consideration under the Settlement Agreement. If Trussway voids A request for exclusion must be in writing and: (a) state the name of this proceeding (▇▇▇▇▇▇▇▇ v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach Lawsuit”); (b) state the name and address of the Settlement AgreementClass Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, Trussway will or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel invalid and the Service Award to Settlement Class Member serving such a request shall, if 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to Trussway’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all Persons falling requests for exclusion to Class Counsel and to Defendant’s Counsel within the definition 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who do has not submitted a timely, valid written request to be excluded for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Approval Order and Judgment. All Persons Settlement Class Members who submit valid and timely notices requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of their intent the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class shall not receive any cash benefits of and/or will be bound by enjoined from proceeding against the terms of Released Persons under the Settlement AgreementAgreement with respect to the Release Claims.

Exclusion from Class. Any putative Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written notice of such request notifying the intent to the designated Post Office box established exclude himself or herself by the Claims Administrator in the manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from mail, fax, or via the Settlement Class. To be effective, such requests for exclusion must be postmarked no Website not later than the Opt-Out Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, and as stated in the Notice. In the event that within ten (10) days 45 Days after the Opt-Out Date as approved by the Court, there have been more than one hundred (100) timely and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying Class Counsel and the Court in writing, void the Settlement Agreement. If Trussway voids the Settlement Agreement, Trussway 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. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Counsel and to Trussway’s counsel a complete list of all timely and valid requests for exclusion Notice Deadline (the “Opt-Out ListPeriod”). If For a Final Order request for exclusion to be valid, the written notification must: (a) be signed (if sent by mail or fax) or electronically signed (if submitted via the Settlement Website); (b) include the full name, address, and Judgment is entered, all Persons falling within the definition fax number of the Settlement Class who do not person(s) requesting exclusion; and (c) include the following statement: “I/we request to be excluded from the class settlement in Prairie Pointe Orthodontics, P.A., ▇. ▇▇▇▇▇ & Associates, LLC., et al., Case. No. 2:22-cv-2451.” No exclusion request will be valid unless all of the information described above is included. A request to be excluded that is sent by means other than that designated in the notice, or that is not timely received by the Claims Administrator, shall be invalid. No putative Settlement Class Member, or any person acting on behalf of or in concert or participation with that person, may exclude any other putative Settlement Class Members from the Settlement Class. So- called “mass” or “class” opt-outs shall not be allowed. Any putative Settlement Class Member who elects to be excluded shall not: (i) be bound by the terms Final Approval Order and Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement Agreement; or (iv) be entitled to object to any aspect of this Settlement Agreement. The Claims Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Final Order Settlement Class, which Class Counsel must file with the Court and Judgment. All Persons who submit valid and timely notices of their intent serve on Defendants no later than 10 days after the date for a putative Settlement Class Member to be excluded exclude himself or herself from the Settlement Class has expired. Any putative Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement will be a Settlement Class Member, and shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Approval and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid 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 Release set forth in the Final Approval Order and Judgment. This would include Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and transactions released in the Settlement Agreement. All individuals or entities who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.