Common use of Exclusion from the Settlement Class Clause in Contracts

Exclusion from the Settlement Class. 10.1 Settlement Class Members will have until 60 calendar days after the Claims Administrator has sent Settlement Class Notice to exclude themselves from the Settlement Class by sending a letter by first class mail to the Claims Administrator containing (1) the title of the Action; (2) the full name, address, and telephone number of the person requesting exclusion; (3) a statement that he or she requests exclusion from the Settlement Class; and (4) the telephone number(s) with which the Settlement Class Member communicated with Intoxalock. Settlement Class Members who timely opt out of the Class Action Settlement shall: (a) have no right to receive any benefits from the Class Action Settlement; (b) not be bound by the terms of the Class Action Settlement; and (c) have no right to object to the terms of the Class Action Settlement or to be heard at the final fairness hearing. Opt-out letters must be submitted individually and cannot be made on behalf of a group of Settlement Class Members. Each letter must be signed by the Settlement Class Member who is opting out. Any such opt-out request must be made in accordance with the terms set forth in this Agreement and the Settlement Class Notice and will be timely only if postmarked no later than 60 calendar days after the Claims Administrator has sent Settlement Class Notice (the “Exclusion Period”). The delivery date is deemed to be the date the request for exclusion is deposited in the U.S. Mail as evidenced by the postmark. No later than 10 calendar days after the end of the Exclusion Period, the Claims Administrator shall provide Settlement Class Counsel and Defense Counsel with a list of the Settlement Class Members who have validly opted out of the Settlement Class. Settlement Class Members cannot both object to and opt out of this settlement. Any Settlement Class Member who attempts to both object to and opt out of this settlement will be deemed to have opted out and will forfeit the right to object to the settlement set forth in this Agreement or any of its terms. If a Class Member returns both a valid and timely Claim Form and an opt-out request, the opt-out request shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of this Agreement. 10.2 Notwithstanding anything else in this Agreement, if more than 5% of the Settlement Class Members opt out, Intoxalock shall have the unilateral option to terminate this Agreement at their sole discretion and this Agreement shall be null and void and this settlement of no force and effect as described in Section 2.4 above. If Intoxalock so elects, it shall give notice of such termination in writing to Settlement Class Counsel no later than 10 calendar days after receiving the list of Settlement Class Members who have requested exclusion from the Settlement Class as described above. If Intoxalock terminates the Agreement under this provision, Intoxalock shall be obligated to pay the Claims Administrator for all costs and expenses incurred by the Claims Administrator to that date for work performed in connection with this Agreement.

Exclusion from the Settlement Class. 10.1 Settlement Class Members will have until 60 calendar days after the Claims Administrator has sent Settlement Class Notice to exclude themselves from Any member of the Settlement Class by sending a letter by first class who wishes to opt out of the Settlement must complete and mail to the Claims Settlement Administrator containing a Request for Exclusion that is postmarked no later than the Opt Out Deadline. The Request for Exclusion must: (1a) identify the title of the Action; (2) the full name, address, mortgage property address and telephone account number (if applicable), of the person Settlement Class member requesting exclusion; (3b) provide the cell phone number at which that the Settlement Class member was called by Defendants during the Settlement Class Period; (c) be personally signed by the Settlement Class member requesting exclusion; and (d) contain a statement that he or she requests exclusion reasonably indicates a desire to be excluded from the Settlement. Mass or class opt-outs shall not be allowed. A sample Request for Exclusion form shall be made available for downloading on the Settlement Class; and (4) the telephone number(s) with which Website. a. Any potential member of the Settlement Class Member communicated with Intoxalock. Settlement Class Members who timely opt properly opts out of the Class Action Settlement shall: (a) have no right not be bound by any orders or judgments relating to receive any benefits from the Class Action Settlement; (b) not be bound entitled to relief under, or be affected by, the Agreement; (c) not gain any rights by the terms virtue of the Class Action SettlementAgreement; and (cd) have no right not be entitled to object to the terms any aspect of the Class Action Settlement or to be heard at the final fairness hearing. Opt-out letters must be submitted individually and cannot be made on behalf of a group of Settlement Class Members. Each letter must be signed by the Settlement Class Member who is opting out. Any such opt-out request must be made in accordance with the terms set forth in this Agreement and the Settlement Class Notice and will be timely only if postmarked no later than 60 calendar days after the Claims Administrator has sent Settlement Class Notice (the “Exclusion Period”)Settlement. The delivery date is deemed to be the date the request for exclusion is deposited in the U.S. Mail as evidenced by the postmark. No later than 10 calendar days after the end of the Exclusion Period, the Claims Settlement Administrator shall provide Settlement Class Counsel and Defense Counsel with a list of all timely Requests for Exclusion within seven (7) Days after the Opt Out Deadline. b. If 1,000 or more potential members of the Settlement Class Members who have validly opted properly and timely opt out of the Settlement, the Defendants have the option of voiding this Settlement Classwithout penalty or sanction. In the event the Defendants void the Settlement pursuant to this provision, Defendants shall be responsible for paying Notice and Administrative Costs incurred as of the date Defendants elect to void the Settlement. c. Except for those potential members of the Settlement Class Members cannot both object to who timely and opt out properly file a Request for Exclusion in accordance with Section 11, all other potential members of this settlement. Any the Settlement Class Member who attempts to both object to and opt out of this settlement will be deemed to have opted out and will forfeit the right to object to the settlement set forth in this Agreement or any of its terms. If a Class Member returns both a valid and timely Claim Form and an opt-out request, the opt-out request shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of this Agreement. 10.2 Notwithstanding anything else in this Agreement, if more than 5% of the Settlement Class Members opt out, Intoxalock shall have the unilateral option to terminate this Agreement at their sole discretion and this Agreement shall be null and void and this settlement of no force and effect as described in Section 2.4 above. If Intoxalock so elects, it shall give notice of such termination in writing to Settlement Class Counsel no later than 10 calendar days after receiving the list of Settlement Class Members who have requested exclusion from the Settlement Class as described above. If Intoxalock terminates the Agreement under this provision, Intoxalock shall be obligated to pay the Claims Administrator for all costs purposes under the Agreement, and expenses incurred upon Final Approval, will be bound by the Claims Administrator to that date for work performed in connection with this Agreementits terms, regardless of whether they receive any monetary relief or any other relief.

Exclusion from the Settlement Class. 10.1 11.1 Settlement Class Members will have until 60 calendar days after the Claims Administrator has sent Settlement Class Notice to exclude themselves from the Settlement Class by sending a letter by first class mail to the Claims Administrator containing containing (1) the title of the Action; (2) the full name, address, and telephone number of the person requesting exclusion; (3) a statement that he or she requests exclusion from the Settlement Class; and (4) email or other such information sufficient to determine the telephone number(s) with which the Settlement Class Member communicated with IntoxalockFight Pass subscription. Settlement Class Members who timely opt out of the Class Action Settlement shall: (a) have no right to receive any benefits from the Class Action Settlement; (b) not be bound by the terms of the Class Action Settlement; and (c) have no right to object to the terms of the Class Action Settlement or to be heard at the final fairness hearing. Opt-out letters must be submitted individually and cannot be made on behalf of a group of Settlement Class Members. Each letter must be signed by the Settlement Class Member who is opting out. Any such opt-out request must be made in accordance with the terms set forth in this Agreement and the Settlement Class Notice and will be timely only if postmarked no later than 60 calendar days after the Claims Administrator has sent Settlement Class Notice (the “Exclusion Period”). The delivery date is deemed to be the date the request for exclusion is deposited in the U.S. Mail as evidenced by the postmark. No later than 10 calendar days after the end of the Exclusion Period, the Claims Administrator shall provide Settlement Class Counsel and Defense Counsel with a list of the Settlement Class Members who have validly opted out of the Settlement Class. Settlement Class Members cannot both object to and opt out of this settlement. Any Settlement Class Member who attempts to both object to and opt out of this settlement will be deemed to have opted out and will forfeit the right to object to the settlement set forth in this Agreement or any of its terms. If a Class Member returns both a valid and timely Claim Form and an opt-out request, the opt-out request shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of this Agreement. 10.2 11.2 Notwithstanding anything else in this Agreement, if more than 5% of the Settlement Class Members opt out, Intoxalock Defendants shall have the unilateral option to terminate this Agreement at their sole discretion and this Agreement shall be null and void and this settlement of no force and effect as described in Section 2.4 3.4 above. If Intoxalock Defendants so electselect, it they shall give notice of such termination in writing to Settlement Class Counsel no later than 10 calendar days after receiving the list of Settlement Class Members who have requested exclusion from the Settlement Class as described above. If Intoxalock terminates Defendants terminate the Agreement under this provision, Intoxalock Defendants shall be obligated to pay the Claims Administrator for all costs and expenses incurred by the Claims Administrator to that date for work performed in connection with this Agreement.

Exclusion from the Settlement Class. 10.1 Settlement Class Members will have until 60 calendar days after the Claims Administrator has sent Settlement Class Notice Deadline to exclude themselves from the Settlement Class (i.e., the Exclusion Deadline) by sending a signed letter by first class mail to the Claims Administrator containing: (1) the title of the Consolidated Action; (2) the full name, address, telephone number, and telephone number email address of the person requesting exclusion; and (3) a statement that he or she requests exclusion from the Settlement Class; and (4) the telephone number(s) with which the Settlement Class Member communicated with Intoxalock. Settlement Class Members who timely opt out of the Class Action Settlement shall: (a) have no right to receive any benefits from the Class Action Settlement; (b) not be bound by the terms of the Class Action Settlement; and (c) have no right to object to the terms of the Class Action Settlement or to be heard at the final fairness hearing. Opt-out letters must be submitted individually and cannot be made on behalf of a group of Settlement Class Members. Each letter must be signed by the Settlement Class Member who is opting out. Any such opt-out request must be made in accordance with the terms set forth in this Agreement and the Settlement Class Notice and will be timely only if postmarked no later than 60 calendar days after by the Claims Administrator has sent Settlement Class Notice (the “Exclusion Period”)Deadline. The delivery date is deemed to be the date the request for exclusion is deposited in the U.S. Mail as evidenced by the postmark. No later than 10 calendar days after the end of the Exclusion PeriodDeadline, the Claims Administrator shall provide Settlement Class Counsel and Defense Counsel with a list of the Settlement Class Members who have validly opted out of the Settlement Class. Settlement Class Members cannot both object to and opt out of this settlement. Any Settlement Class Member who attempts to both object to and opt out of this settlement will be deemed to have opted out and will forfeit the right to object to the settlement set forth in this Agreement or any of its terms. If a Class Member returns both a valid and timely Claim Form and an opt-out request, the opt-out request shall be deemed void and of no force and effect, and the Claim Form shall be processed under the terms of this Agreement. 10.2 Notwithstanding anything else in this Agreement, if more than 53% of the Settlement Class Members opt out, Intoxalock MarineMax shall have the unilateral option to terminate this Agreement at their sole discretion and this Agreement shall be null and void and this settlement of no force and effect as described in Section 2.4 2.6 above. If Intoxalock MarineMax so elects, it shall give notice of such termination in writing to Settlement Class Counsel no later than 10 calendar days after receiving the list of Settlement Class Members who have requested exclusion from the Settlement Class as described above. If Intoxalock MarineMax terminates the Agreement under this provision, Intoxalock MarineMax shall be obligated to pay the Claims Administrator for all costs and expenses incurred by the Claims Administrator to that date for work performed in connection with this Agreement.