Objections and Exclusions Sample Clauses

Objections and Exclusions. Any Class Member who wishes to object to the fairness, reasonableness, or adequacy of the proposed Settlement, including Class Counsel’s Attorneys’ Fees and Expenses Application, may do so by filing an objection as set out in the notice to be filed along with motion for Preliminary Approval and described below. However, a potential Class Member who requests exclusion from the Settlement Class may not file an objection regarding the terms of the Settlement Agreement. 101. A Class Member who wishes to object must submit to the Administrator at the address provided in the notice their objection(s), as well as the specific reason(s), if any, for each such objection and whether the Class Member wishes to speak at the Fairness Hearing. The objection must state whether it applies only to the objector, to a specific subset of the Class, or to the entire Class, and also state with specificity the grounds for the objection, including any legal support the Class Member wishes to bring to the Court’s attention and any evidence the Class Member wishes to introduce in support of such objection. The Administrator shall promptly send a copy of each objection it receives to Class Counsel and Defendant’s Counsel by email.
Objections and Exclusions. 16 1. Objections 17 a. Class Members and Injunctive Relief Class Members 18 objecting to the terms of the Agreement must do so in writing at least thirty (30) days 19 prior to the scheduled Final Approval Hearing. The written objection must be filed with 20 the Court thirty (30) days prior to the scheduled Final Approval Hearing, as specified in 21 the Preliminary Approval Order. 22 b. The written objection must include (1) a detailed statement 23 with specificity of the reasons for the objection; (2) the objecting Class Member’s or 24 Injunctive Relief Class Member’s name, address, and telephone number; (3) the date and 25 location of the Operated Location at which the objecting Class Member or Injunctive
Objections and Exclusions. 4 1. Class Members may object to or opt-out of the class settlement.
Objections and Exclusions. 16 13. Class Members who wish to opt-out and exclude themselves from the 17 Class may do so by submitting such request in writing consistent with the 18 specification listed in the Class notice no later than 19 Notice Date listed in paragraph 11]. 20 14. To be valid, each request for exclusion must: 21 a. State the Class member’s full name and current address, 22 b. Provide the model year and Vehicle Identification Number 23 (“VIN”) of his/her/its Class Vehicle(s) and the approximate 24 date(s) of purchase or lease, and 25 c. Specifically and clearly state his/her/its desire to be excluded 26 from the settlement and from the Class. Case 8:15-cv-02052-DOC-KES Document 264-6 Filed 01/30/19 Page 7 of 10 Page ID #:16171 1 15. Defendants shall report the names of all Class members who have 2 submitted a request for exclusion to Class Counsel on a weekly basis, beginning 30 3 days after the Notice Date. 4 16. All Class members who do not opt out and exclude themselves shall be 5 bound by the terms of the Settlement Agreement upon entry of the Final Approval
Objections and Exclusions. 5 5.1 All objections and any papers submitted in support of said objection, shall be 6 considered by the Court at the Final Approval Hearing only if, on or before the 7 Objection/Exclusion Deadline approved by the Court and specified in the Notice, the Person 8 making an objection submits copies of such papers to the Court either by mailing them to the 9 Class Action Clerk, United States District Court for the Northern District of California, ▇▇▇▇▇▇ ▇. ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ 1, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, or by 11 filing them in person at any location of the United States District Court for the Northern District 12 of California, except that any objection made by a Settlement Class Member represented by 13 counsel must be filed through the Court’s CM/ECF system. Any Settlement Class Member who 14 intends to object to this Agreement must present the objection in writing, which must be 15 personally signed by the objector, and must include: (1) the objector’s name and address; (2) the 16 cellular phone number that allegedly received any call promoting a Nuance product during the
Objections and Exclusions. 1. Any Class Member who does not request exclusion or opt out of the Indirect Purchaser Class may object to the Settlement by timely filing with the Court a written statement of objection. The Parties may request the Court to allow the Parties to take the deposition of any person filing an objection to the Settlement. To be timely, a written statement of an objection in appropriate form must be filed with the Clerk of the Southern District of California, twenty-one (21) days prior to the date set in the Notice of Final Fairness Hearing, and also served on Class Counsel and Defendants’ Counsel so that it is received by that date. The written statement of objection must set forth: a. The title of the Action; b. The objector’s full name, address, telephone number; c. An explanation of the basis upon which the objector claims to be a Class Member; d. All grounds for the objection, accompanied by any legal support for the objection known to the objector or his or her counsel; e. The identity of all counsel representing the objector, if any; f. The identity of all counsel representing the objector, if any, who will appear at the Final Fairness Hearing; g. A list of all persons who will be called to testify by the objector at the Final Fairness Hearing in support of the objection; h. A statement confirming whether the objector intends to personally appear and/or testify at the Final Fairness Hearing; i. The objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representations). 2. Any Settlement Class Member may request to be excluded from the Settlement by timely submitting to the Administrator a written statement of exclusion. To be timely, a written statement of exclusion must be sent to the Administrator with a postmark no later than twenty-one (21) days prior to the date set in the Notice of Final Fairness Hearing. The written statement of exclusion must set forth: a. The title of the Action; b. The person's full name, address, telephone number; c. An explanation of the basis upon which the person claims to be a Settlement Class Member; d. A statement confirming the person is requesting exclusion from the settlement; e. The person's signature or the signature of the person’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representations).
Objections and Exclusions. The Class Members were given an opportunity to object to the settlement. [Number] Class Member(s) objected to the settlement. [Number] Class Member(s) made a valid and timely request for exclusion and are excluded from the class and settlement and are not bound by this order. The identity of such persons are:
Objections and Exclusions 

Related to Objections and Exclusions

  • Limitations and Exclusions The Company shall not be responsible for, and this limited warranty does not cover, any loss resulting from any of the following: • The use of other manufacturers’ products unless such products are specifically recommended or approved by the Company in writing in advance of their installation, in connection with the use of the Products. • Any repairs, replacements, penetrations, or alterations of the Products by any person or entity other than authorized representatives of the Company without prior written consent of the Company. • Water passing through any portion of a structure or building component other than directly through the Products due to a failure in the Products and/or connections between the Products (so long as the connections are Company Products), or any interior moisture, vapor, or condensation. • Construction, design, specification, storage, application, exposure, installation practices, use of the Products, or use of material, that is not in compliance with the Company’s published literature. • Unauthorized changes in the Products’ details or specifications for the project that were not reviewed and approved in advance by the Company in writing. • Failure to maintain the building and the Products with reasonable care. • Mold, mildew, insects, pests, fungi, algae, bacteria, air quality, and similar conditions. • Improper design, engineering, application installation or workmanship of any portion or component of the Products or the structure; or failure, distortion or structural movement of the walls, foundation, or any other portion or component of the structure, including, but not limited to, movement, cracking, deflection, settling of the building or movement of the framing members. • Impact with objects, hurricanes, tropical storms, tornadoes, high winds, hailstorms, earthquakes, sandstorms, floods, natural disasters, fires, vandalism, war, terrorism, animals, other similar acts of God or nature, force majeure events, or significant or unintended immersion or pooling of water. • Abuse, misuse, neglect, damage, or negligence by the Owner, the Applicator, the general contractor, or other trades performing work on the project, or any third party. • Change in principal usage or amount of usage of structure without prior written approval of the Company. • Intermixing of the Products with other chemicals or materials not specifically required by the Company’s specifications or application instructions. If, at the Owner’s request, the Company performs any services or supplies any materials as a mitigation or remediation measure in connection with any unwarranted loss described above, the Company shall be entitled to compensation for such services or materials. The Company makes no warranty with respect to appearance or color. No representative of the Company has the authority to make any representations, warranties, or promises except as stated herein. No waiver by the Company of any limitation, term or condition of this warranty shall operate as a waiver of any other limitation, term or condition applicable to any claim, whether of like or different nature. No delay or failure on the Company’s part to enforce any right or claim, which it may have hereunder, shall constitute a waiver of such right or claim. If any part of this warranty shall be determined to be invalid, then such portion shall be deemed severed from the warranty and the remaining terms, exclusions and limitations shall apply. The Company’s obligations under this warranty are expressly conditioned upon receipt of full payment for the Products. Any delay in full payment to the Company shall not extend the warranty term. This warranty is issued to the above-named Owner and is not assignable or transferable, except upon the express written consent of the Company. THE COMPANY UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY. IN OTHER WORDS, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY. THE COMPANY ASSUMES NO RESPONSIBILITY THAT THE PRODUCTS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH THE PRODUCTS MAY BE PURCHASED, EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY. IN OTHER WORDS, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO OTHER OR FURTHER WARRANTIES IN CONNECTION WITH THE PRODUCTS EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY DOCUMENT. THE COMPANY WILL NOT BE RESPONSIBLE UNDER THIS LIMITED WARRANTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING INTENTIONAL, NEGLIGENCE OR OTHERWISE), FOR BREACH OF WARRANTY OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT ARISING FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, THIS WARRANTY, OR THE PERFORMANCE OF, DEFECTS IN, OR IN ANY WAY CONNECTED WITH, THE PRODUCTS COVERED BY THIS WARRANTY. THE COMPANY WILL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY OTHER DAMAGE TO THE BUILDING OR THE CONTENTS OF THE BUILDING AND FOR ANY OTHER CLAIMED DAMAGES, LOSSES, COSTS AND EXPENSES OTHER THAN AS EXPRESSLY SET FORTH IN THIS WARRANTY. THIS REMEDY EXPRESSLY SET OUT IN THIS WARRANTY WILL BE THE EXCLUSIVE REMEDY FOR ALL PERSONS ENTITLED TO WARRANTY COVERAGE AS DESCRIBED ABOVE. NO OTHER REMEDY SHALL BE APPLICABLE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN REMEDIES OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE EXCLUSIONS AND LIMITATIONS OF REMEDIES AND DAMAGES IN THIS SECTION FULLY APPLY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW. The terms of this warranty may not be altered, modified, or supplemented except in a writing signed by an officer of the Company that expressly refers to this warranty document and number. In the event the Owner: (i) fails to provide the Company with timely notice as described above, (ii) fails to provide required access to the installed Products, (iii) undertakes or permits any actions that cause or contribute to failures, such as unauthorized repairs or perforations of the Products, or (iv) otherwise fails to fulfill its responsibilities as described herein, the Company reserves the right to void this warranty upon written notice to the Owner. To expedite processing, this document may be completed and delivered in electronic form only. This limited warranty applies only to Products installed in the United States and Canada. Under the Quebec Consumer Protection Act, the Company must provide a warranty to consumers, as defined in the Act, that the Company’s products shall be fit for the purpose for which such products of that kind are ordinarily used and that the Products must be durable in normal use for a reasonable length of time, having regard to their price and other factors. For more information about your rights if you are a consumer as defined in the Act, you should consult the Quebec Consumer Protection Act at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇.▇▇/en/capsules/legal-warranty-automatic- protection-consumers. Since the Products are building materials and are not intended to be sold to a “consumer” except as part of real estate or as a major addition thereto, this warranty shall not apply to any party constituting a “consumer” as such term is defined by the ▇▇▇▇▇▇▇▇-▇▇▇▇ Warranty Act.

  • Limitations and Exceptions Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

  • Limitations and exclusions of liability NONE OF THE MARIS AFFILIATES SHALL BE LIABLE TO FIRM PARTICIPANT OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MARIS SERVICE, INCLUDING RELIANCE BY ANY SUBSCRIBER ON ANY INFORMATION OBTAINED THROUGH USE OF THE MARIS SERVICE; MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN DATA CONNECTIONS TO THE MARIS SERVICE; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, DATA CONNECTION FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE MARIS SERVICE AND RELATED INFORMATION, RECORDS AND PROGRAMS.

  • Reservations and Exceptions 1. Articles 3, 4, 6 and 12 shall not apply to: (a) Any existing non-conforming measure that is maintained by: (i) With respect to Japan: (A) The central government or a prefecture, as set out in its Schedule in Annex I; or (B) A local government other than prefectures; (ii) With respect to the Republic of Peru: (A) The central government or a regional government, as set out in its Schedule in Annex I; or (B) A local government (b) The continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or (c) An amendment or modification to any non-conforming measure referred to in subparagraph (a), provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification, with Articles 3, 4, 6 and 12. 2. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to sectors, sub-sectors and activities set out in its Schedule in Annex II. 3. Neither Contracting Party shall, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule in Annex II, require an investor of the other Contracting Party, by reason of its nationality, to sell or otherwise dispose of an investment that exists at the time the measure becomes effective. 4. In cases where a Contracting Party makes an amendment or a modification to any existing non-conforming measure set out in its Schedule in Annex I or where a Contracting Party adopts any new or more restrictive measure with respect to sectors, sub-sectors or activities set out in its Schedule in Annex II after the entry into force of this Agreement, the Contracting Party shall, prior to the implementation of the amendment or modification or the new or more restrictive measure, or in exceptional circumstances, as soon as possible thereafter: (a) Notify the other Contracting Party of detailed information on such amendment, modification or measure; and (b) Hold, upon request by the other Contracting Party, consultations in good-faith with that other Contracting Party. 5. Each Contracting Party shall endeavour, where appropriate, to reduce or eliminate the reservations specified in its Schedules in Annexes I and II respectively. 6. Articles 3, 4, 6 and 12 shall not apply to any measure covered by the exceptions to, or derogations from, obligations under Articles 3 and 4 of the TRIPS Agreement, as specifically provided in Articles 3 through 5 of the TRIPS Agreement. 7. Articles 3, 4, 6 and 12 shall not apply to any measure that a Contracting Party adopts or maintains with respect to government procurement.

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you: 1. 6. 1. 1. for personal injury or death resulting from Traction Software Limited’s negligence; 2. 6. 1. 2. for any matter for which it would be illegal for Traction Software Limited to exclude or to attempt to exclude its liability; or 3. 6. 1. 3. for fraud. 2. 6. 2. Traction Software Limited makes no express warranties with respect to the Software and Traction Software Limited hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Software will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this License) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this License you assume the entire risk as to the quality and performance of the Software. 3. 6. 3. Subject to clause 6. 1 Traction Software Limited will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with: 1. 6. 3. 1. the Software, or the manufacture or sale or supply, or failure or delay in supply, of the Software by Traction Software Limited or on the part of Traction Software Limited’s employees, agents or sub-contractors; 2. 6. 3. 2. any breach by Traction Software Limited of any of the express or implied terms of this License; 3. 6. 3. 3. any use made of the Software; or 4. 6. 3. 4. any statement made or not made, or advice given or not given, by or on behalf of Traction Software Limited. 4. 6. 4. Subject to clause 6. 1 and without prejudice to clauses 6. 2 and 6. 3 , Traction Software Limited’s aggregate liability under this License(whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused (other than for death or personal injury caused by Traction Software Limited’s negligence) will be limited to the higher of the price paid by you to use the Software or USD $1 00. 5. 6. 5. You acknowledge that the above provisions of this clause 6 are reasonable given the charges made (if any) for the Software and you will accept such risk and/or insure accordingly. 6. 6. 6. Any rights that you have as a consumer are not affected by this clause 6.