Common use of Objections and Opt-Outs Clause in Contracts

Objections and Opt-Outs. 1. Settlement Class Member objections to this Settlement Agreement, if any, must be submitted in writing and must include a detailed description of the basis of the objection. Objections must be filed with the Court, with copies served on Class Counsel and Defense Counsel, postmarked on or before forty-five (45) days after the Notice is mailed to Settlement Class Members. No one may appear at the Fairness Hearing for the purpose of objecting to the Settlement Agreement without first having filed and served his/her objection(s) in writing postmarked on or before forty-five (45) days after the Notice was mailed to Class Members. 2. Any Settlement Class Member who wishes to opt out of the Settlement Class must mail to the Claims Administrator, at the address listed in the Notice, a written, signed statement that he/she is opting out. To be effective, the opt out statement must be postmarked on or before forty-five (45) days after the date the Notice is mailed to Settlement Class Members and must include the following language: I hereby opt out of the class action settlement in the lawsuit ▇▇▇▇▇▇▇▇▇ ▇. Metropolitan Life Insurance Co., Case No. 1:15-cv-08321-WHP (S.D.N.Y.). I understand that, by requesting to be excluded from the monetary settlement in this case, I will receive no money from the Settlement Fund created under the Settlement Agreement. I understand that I may bring a separate legal action seeking damages, but I might receive nothing or less than what I would have received if I had filed a claim under the class monetary award procedure in this case. 3. The Claims Administrator shall provide to all counsel, and Class Counsel will file with the Court, all opt out statements that are timely received. The Settlement Class will not include those individuals who submit a timely opt out statement, and individuals who opt out are not entitled to any monetary award under this Settlement Agreement. Settlement Class Members who have properly opted out of the class may not participate in the Fairness Hearing. 4. Settlement Class Members who file opt outs may rescind their opt outs. To be effective, such rescissions must be in writing and received by the Claims Administrator at least one day before the Fairness Hearing. Prior to the Fairness Hearing, the Claims Administrator shall provide to all counsel all rescissions.

Objections and Opt-Outs. 20 1. Settlement Any Class Member who wishes to present objections to this the Settlement Agreementat 21 the Fairness Hearing must first do so 22 the Notice of Objection must contain the full name, address, and telephone number of the Class 23 Member, and must be physically signed by the Class Member. The Notice of Objection must 24 contain a written statement of all grounds for the objection, and all facts or law supporting the 25 objection, if any. To be considered, the Notice of Objection must be submitted in writing and must include a detailed description of mailed or emailed to the basis of the objection. Objections must be filed with the Court, with copies served on Class Counsel and Defense Counsel, postmarked on or before 26 Settlement Administrator no later than forty-five (45) days after the postmark of the date the 27 email date of the Notice of 28 Objection shall be the exclusive means for determining that a Notice of Objection is mailed timely. 1 Named Plaintiffs agree not to object to the Settlement. Class Members who fail to make 2 objections in the manner specified herein shall be deemed to have waived any objections and 3 shall be foreclosed from making any objection (whether by appeal or otherwise) to the 5 2. The Settlement Administrator shall stamp on the original objection the date 6 it was received, and shall send copies of each objection to Class MembersC 7 Counsel by email not later than two (2) business days after receipt thereof. No one may Class Counsel shall 8 file the objections with the Clerk of Court within five (5) days after the end of the Objection 9 Period. 10 3. An objector who wishes to appear at the Fairness Hearing for must file with 11 the purpose Clerk of objecting the Court and serve upon counsel designated in Section XV.B, a statement that 12 he/she/they intend to appear at the Settlement Agreement without first having filed and served his/her objection(s) in writing postmarked on or before Fairness Hear 13 than forty-five (45) days after the first mailing of the Notice. The Notice was mailed of Intention to Class Members. 2Appear 14 must include copies of any papers, exhibits, or other evidence that the objector (or her counsel) 15 will present to the Court in connection with the Fairness Hearing. Any Settlement Class Member objector who wishes does not 16 provide a Notice of Intention to opt out of Appear in complete accordance with the Settlement Class must mail to the Claims Administrator, at the address listed deadlines and other 17 specifications set forth in the Notice, and who has not filed an objection in complete accordance 18 with the deadlines and other specifications set forth in this paragraph and the Notice, shall, 19 ination in the exercise of its discretion, be barred from speaking 20 or otherwise presenting any views at any Fairness Hearing. Any objector may withdraw their 21 objections at any time. 22 4. Any lawyer representing an objector for the purpose of making objections 23 must file a written, signed statement that he/she is opting out. To be effective, Notice of Appearance with the opt out statement must be postmarked on or before Court no later than forty-five (45) days after the date first 24 mailing of the Notice is mailed to Settlement Class Members and must include the following language: I hereby opt out also serve copies of the class action settlement Notice of Appearance and copies of any 25 papers, exhibits, or other evidence that the objector will present to the Court in connection with 26 the lawsuit ▇▇▇▇▇▇▇▇▇ ▇Fairness Hearing by email to counsel for the Parties as designated in Section XV.B. 27 5. Metropolitan Life Insurance Co., Case No. 1:15-cv-08321-WHP (S.D.N.Y.). I understand that, by requesting to be excluded from the monetary settlement in this case, I will receive no money Any Class Member who has requested exclusion from the Settlement Fund created under by 28 submitting a valid Opt-Out Statement may not submit objections to the Settlement Agreementand shall not 1 receive any Individual Settlement Payment. I understand that I may bring If a separate legal action seeking damagesClass Member submits both an Opt-Out 2 Statement and a Notice of Objection, but I might receive nothing or less than what I would have received if I had filed a claim under then the class monetary award procedure in this caseOpt-Out Statement will be valid and will invalidate 3 the Notice of Objection. 34 6. The Claims Administrator shall provide to all counsel, and Class Counsel will Named Plaintiffs and/or Defendants may file with the Court, all opt out statements that are timely received. The Settlement Class will not include those individuals who submit a timely opt out statement, and individuals who opt out are not entitled Court written 5 responses to any monetary award under this Settlement Agreement. Settlement Class Members who have properly opted out of the class may not participate in objections at least seven (7) days before the Fairness Hearing. 46 7. Settlement Class Members may request exclusion from the monetary relief provisions 7 five (45) days after Notice is first mailed (the 8 Member who file opt outs may rescind their opt outs. To be effective, such rescissions wishes to exclude themselves from the Settlement 9 must be in writing and received by the Claims Administrator at least one day before the Fairness Hearing. Prior mail or email to the Fairness HearingSettlement Administrator a written, signed statement that they are 10 The Opt-Out Statement must contain the Claims Administrator shall provide full 11 name, address, and telephone number of the Class Member who seeks to all counsel all rescissions.opt out to be valid. The 12

Objections and Opt-Outs. 1. Any Settlement Class Member objections who wishes to this object to the Settlement Agreementat the Final Approval Hearing must submit to the Settlement Administrator a written statement setting out the basis for the objection, if anywith any supporting facts or law (“Notice of Objection”). To be valid, the Notice of Objection must contain the full name, address, and telephone number of the Settlement Class Member, and must be submitted in writing and must include a detailed description physically signed by the Settlement Class Member. To be timely, the Notice of the basis of the objection. Objections Objection must be filed with received by the Court, with copies served on Class Counsel and Defense Counsel, postmarked on or before Settlement Administrator no later than forty-five (45) days after the Notice is mailed to Settlement Class Members. No one may appear at Initial Mailing Date (the Fairness Hearing for the purpose of objecting to the Settlement Agreement without first having filed “Objection and served his/her objection(s) in writing postmarked on or before fortyOpt-five (45) days after the Notice was mailed to Class Members. 2Out Deadline”). Any Settlement Class Member who fails to submit a timely and valid Notice of Objection in the manner specified herein shall be deemed to have waived any objections and shall be foreclosed from making any objection to the Settlement (whether by appeal or otherwise). Settlement Class Members who do not timely and validly submit a Notice of Objection and, where applicable, their counsel, will waive any and all rights to appeal from the Judgment, and the Judgment therefore shall become final and non-appealable at to such Settlement Class Members at the time the Judgment is entered. Any objecting Settlement Class Member may withdraw her/their Notice of Objection at any time. 2. The Settlement Administrator shall stamp the Notice of Objection with the date it was received, and shall send copies of each Notice of Objection to Class Counsel and Defendants’ Counsel by email not later than two (2) business days after receipt thereof. The Settlement Administrator shall retain the stamped originals of all Notices of Objection until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. 3. An objecting Settlement Class Member who wishes to opt appear at the Final Approval Hearing must file with the Clerk of the Court a statement that she/they intend to appear at the Final Approval Hearing (“Notice of Intention to Appear”) no later than twenty-one (21) days prior to the Final Approval Hearing. The Notice of Intention to Appear must include copies of any documents, exhibits, or other evidence that the objecting Settlement Class Member proposes to present to the Court at the Final Approval Hearing. Any objecting Settlement Class Member who does not provide a timely and valid Notice of Intention to Appear consistent with these requirements and any other requirements set out in the Notice may be barred from being heard at the Final Approval Hearing, subject to the Court’s discretion. 4. A lawyer representing an objecting Settlement Class Member must file a Notice of Appearance with the Court no later than twenty-one (21) days prior to the Final Approval Hearing and must also serve copies of the Notice of Appearance and copies of any documents, exhibits, or other evidence that the objecting Settlement Class Member proposes to present to the Court at the Final Approval Hearing by email to the undersigned Class Counsel and Defendants’ Counsel. 5. A Settlement Class Member may request exclusion from the Settlement by mailing or emailing to the Settlement Administrator a written statement to that effect (“Opt-Out Statement”). To be valid, the Opt-Out Statement must contain the full name, address, and telephone number of the Settlement Class Member who seeks to opt out and must mail be physically signed by the Settlement Class Member. The Opt-Out Statement should include the statement: “I elect to exclude myself from the Claims Administrator, at the address listed Settlement in the Notice, a written, signed statement that he/she is opting out. To be effective, the opt out statement must be postmarked on or before forty-five (45) days after the date the Notice is mailed to Settlement Class Members and must include the following language: I hereby opt out of the class action settlement in the lawsuit ▇▇▇▇▇▇▇▇▇ ▇. Metropolitan Life Insurance Co., Case No. 1:15-cv-08321-WHP (S.D.N.Y.). I understand that, by requesting to be excluded from the monetary settlement in this case, I will receive no money from the Settlement Fund created under the Settlement Agreement▇▇▇▇ Gender Class Action. I understand that I may bring a separate legal action seeking damages, but I might receive nothing or less than what I would have received if I had filed a claim will not be entitled to any money under the class monetary award procedure in this caseSettlement.” To be timely, the Opt- Out Statement must be received by the Objection and Opt-Out Deadline. No request for exclusion may be made on behalf of a group of Settlement Class Members. 36. Participating Settlement Class Members will be bound by all terms of the Settlement Agreement if the Settlement is granted Final Approval. A Settlement Class Member who submits a timely and valid Opt-Out Statement shall not be a Participating Settlement Class Member, shall not receive any Settlement Share and may not object to the Settlement. If a Settlement Class Member submits both an Opt-Out Statement and a Notice of Objection, then the Opt-Out Statement will control and will invalidate the Notice of Objection. 7. The Claims Settlement Administrator shall stamp on any original Opt-Out Statement that it receives the date it was received, and shall serve copies of each Opt-Out Statement on Class Counsel and Defendants’ Counsel by email no later than two (2) business days after receipt thereof. The Settlement Administrator shall retain the stamped originals of all Opt-Out Statements until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. 8. Within five (5) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall send to Class Counsel and Defendants’ Counsel a final list of all Notices of Objection and Opt-Out Statements received by the Settlement Administrator. The Settlement Administrator shall promptly advise Class Counsel and Defendants’ Counsel of any Notices of Objection or Opt-Out Statements that are not timely received. 9. At least ten (10) business days prior to the Final Approval Hearing, the Settlement Administrator will provide to Class Counsel and Defendants’ Counsel a signed and notarized declaration (i) describing the Settlement Administrator’s diligent efforts to provide the Notice to Settlement Class Members and identifying the number (but not the name) of Settlement Class Members for whom the Settlement Administrator was unable to deliver a Notice; (ii) identifying the number of Notices of Objection and of Opt-Out Statements received by the Settlement Administrator; and (iii) attaching true and correct copies of all counsel, such Notices of Objection and Opt-Out Statements. Class Counsel will file the declaration with the CourtCourt at least seven (7) days prior to the Final Approval Hearing. 10. With respect to each Settlement Class Member who timely submits an Opt-Out Statement, all opt out statements any applicable tolling of any statute of limitations for claims asserted on behalf of such Settlement Class Members in the Action will end on the date that are timely receivedClass Counsel files the Settlement Administrator’s declaration contemplated herein. The Settlement Shares that otherwise would have been distributed to Settlement Class will not include those individuals members who submit a timely opt out statement, and individuals who opt out are not entitled submitted an Opt-Out Statement shall remain part of the Net Settlement Fund for distribution to any monetary award under this Settlement Agreement. Settlement Class Members who have properly opted out in accordance with the Plan of the class may not participate in the Fairness HearingAllocation. 411. The Parties agree that the decision to object or opt out is to be left to individual Settlement Class Members. If contacted by a Settlement Class Member, Class Counsel may provide advice or assistance as such Settlement Class Member requests. If Defendants’ Counsel is contacted by a Settlement Class Member regarding the Settlement, Defendants’ Counsel shall refer such Settlement Class Member to Class Counsel. In addition, at no time shall the Settlement Class Representatives, Defendants, or their respective counsel seek to solicit or otherwise encourage Settlement Class Members who file opt outs may rescind their opt outs. To be effectiveor any other persons to submit a Notice of Objection or Opt-Out Statement, such rescissions must be in writing and received by or to appeal the Claims Administrator at least one day before the Fairness Hearing. Prior to the Fairness Hearing, the Claims Administrator shall provide to all counsel all rescissionsJudgment.