Common use of Objections to Settlement Clause in Contracts

Objections to Settlement. (A) Rule 23 Class Members who do not opt-out and who wish to object to the proposed settlement must do so in writing. To be considered, a written objection must be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Claims Administrator within thirty (30) days from the mailing of the Notice to the Rule 23 Class Member (the “Objection Period”). The written objection must include the words, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlement” as well as all reasons for the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the name, job title, address, and telephone number(s) for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection to Class Counsel and Defendants’ Counsel by email and overnight delivery no later than three (3) days after receipt thereof. Class Counsel will promptly file the date-stamped originals of any and all objections with the Court. It is the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) to retain a copy of the objection and proof of timely mailing hereunder. (B) A valid Objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in his or her written objection. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted a timely objection that complies with all procedures provided in this Section 2.6(B) and the previous Section 2.6(A). No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Objections to Settlement. (A) Rule 23 New York and California Class Members who do not opt-out and who wish to object to the proposed settlement must do so in writing. To be considered, a written objection must be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Claims Administrator within by a date certain thirty (30) days from the mailing of the Notice to the Rule 23 Class Member (the “Objection Period”)Member. The written objection must include the words, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlementLions Gate case” as well as all reasons for the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the name, job titleaddress, addressdates of the internship, and telephone number(s) numbers for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection to Class Counsel and Defendants’ Counsel by email and overnight delivery no later than three (3) ten days after receipt thereofbefore the Final Approval Hearing or as soon as received if received less than 10 days before the hearing. Class Counsel will promptly The Settlement Claims Administrator shall file the date-stamped originals of any and all objections with the CourtCourt with their affidavit of compliance in support of the Final Approval Motion. It is the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) to retain a copy of the objection and proof of timely mailing hereunder. (B) A valid Objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in his or her written objectionthat submission. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted a valid and timely objection that complies with all procedures provided in this Section 2.6(B) and the previous Section 2.6(A)Section. No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Objections to Settlement. (A) Rule 23 Any Settlement Class Members Member who do has not opt-out submitted a timely Request for Exclusion and who wish wishes to object to the proposed settlement fairness, reasonableness, or adequacy of any aspect of the Settlement, must do so deliver an objection, in writing, to Class Counsel and Defense Counsel and file the objection with the Court no later than fifteen (15) days after the last day of the Notice Period or as the Court may otherwise direct. To be consideredWritten objections must telephone number; (ii) the name of this Action and the case number; (iii) a statement of each objection; (iv) proof of class membership; and (v) a written brief detailing the specific basis for each objection, a including any legal and factual support the wishes to introduce in support of the objection. If the objection is made through an attorney, the written objection must be mailed to also include: (1) the identity and number of the Settlement Claims Administrator Class Members represented Members who have opted out of the Settlement Class; and (3) the number of such represented Settlement Class Members who have remained in the Settlement Class and have not objected. If the attorney intends to seek fees and expenses from anyone other than the objectors he or she represents, the attorney shall also file with the Court and serve upon Class Counsel and Defense Counsel not later than fifteen days before the Final Fairness Hearing or as the Court may otherwise direct a document containing the following: (1) the amount of fees sought by the attorney for representing the objector and the factual and legal justification for the fees being sought; (2) a statement regarding whether the fees being sought were calculated on the basis of a lodestar, contingency, or other method; (3) the number of hours already spent by the attorney and an estimate of the hours to be spent in the future; and (4) the attorney s hourly rate. Class Counsel shall have the right to take discovery, including via First-Class United States Mail, postage prepaidsubpoenas available for deposition by counsel for the Parties between the time the objection is filed and a date no later than five (5) days before the Final Fairness Hearing, and be received by the Settlement Claims Administrator within thirty (30) days from the mailing of the Notice to the Rule 23 Class Member (the “Objection Period”). The written objection must include the wordsdates when the objector is available for deposition. Any Settlement Class Member who files and serves a written objection satisfying the requirements of this section may appear at the Fairness Hearing, “I either in person or through personal counsel hired at the Settlement Class M expense, to object to any aspect of the settlement in fairness, reasonableness, or adequacy of the ▇▇▇▇▇▇▇▇ City wage Settlement Class members, or their attorneys. Any Settlement Class Member who intends to make an appearance at the Final Fairness Hearing must deliver to Class Counsel and hour settlement” as well as all reasons for Defense Counsel and have file-marked by the Court, no later than fifteen (15) days after the end of the Notice Period, a Notice of Intent to Appear. The Notice of Intent to Appear must: (1) state how much time the Settlement Class Member anticipates needing to present the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the ; (2) identify, by name, job title, address, and telephone number(s) for number all witnesses the Rule 23 Settlement Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection proposes to Class Counsel and Defendants’ Counsel by email and overnight delivery no later than three have testify; (3) days after receipt thereof. Class Counsel will promptly file summarize in detail the date-stamped originals anticipated testimony of any and all objections with such witnesses; (4) identify all exhibits the Court. It is the responsibility of any Rule 23 Settlement Class Member who files an objection (an “Objector”) intends to retain a copy offer in support of the objection objection; and proof (5) attach complete copies of timely mailing hereunderall such exhibits. (B) A valid Objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in his or her written objection. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted a timely objection that complies with all procedures provided in this Section 2.6(B) and the previous Section 2.6(A). No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Objections to Settlement. (A) Rule 23 Class Members who do not opt-out and who wish to object present objections to the proposed settlement at the Fairness Hearing must first do so in writing. To be considered, a written objection such statement must be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by postmarked within sixty (60) days after the Settlement Claims Administrator within thirty (30) days from the mailing of the mails Notice to the Rule 23 such Class Member (the “Objection Period”)Member. The written objection statement must include the words, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlement” as well as all reasons for the objection. Any objection and any reasons not included in the written objection statement will not be considered. The written objection statement must also include the name, job title, address, and telephone number(s) numbers for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection to Class Counsel and Defendants’ Counsel by email and overnight delivery first class mail no later than three (3) days after receipt thereof. Class Counsel The Settlement Claims Administrator will promptly also file the date-stamped originals of any and all objections with the Court. It is Court within three (3) days after the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) to retain a copy end of the objection and proof of timely mailing hereunderOpt-out Period. (B) A valid Objector An individual who files objections to the settlement (“Objector”) also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in his or her written objectionobjections. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted a timely objection that complies with all procedures provided in this Section 2.6(B) and the previous Section 2.6(A). No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties Notices shall inform Class Members of their rights under Paras. 2.6(D) and 2.6(E), above. (D) The parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Objections to Settlement. (A) Rule 23 Class Members who do not opt-out and who wish to object to the proposed settlement must do so in writing. To be considered, a written objection must be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Claims Administrator within thirty by a date certain sixty (3060) days from the mailing of the Notice to the Rule 23 Class Member and no later than ninety (90) days from the “Objection Period”)Preliminary Approval Order. The written objection must include the words, : “I object to the settlement in the ▇▇▇▇▇▇▇▇ City K2GC wage and hour settlementcase” as well as all reasons for the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the name, job title, address, and telephone number(s) number for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection to Class Counsel and Defendants’ Counsel by email and overnight delivery no later than three (3) days after receipt thereof. The Settlement Claims Administrator will also provide to Class Counsel Counsel, who will promptly file with the Clerk of Court, the date-stamped originals of any and all objections with the Court. It is Court within three (3) days after the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) to retain a copy end of the objection and proof of timely mailing hereunderOpt-out Period. (B) A valid Objector Class Member who files objections to the settlement (“Objector”) also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections objection at the time he or she submits his or her written objections by including the words, : “I intend to appear at the Fairness Hearing” in his or her written objection. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted filed a timely objection that complies with all procedures provided in this Section 2.6(B) and the previous Section 2.6(A)Section. No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Objections to Settlement. A. Any Class Member (Aincluding Plaintiffs and Class Representatives) Rule 23 Class Members who do has not opt-out filed a timely written request for exclusion and who wish wishes to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed settlement Settlement, or to the award of Attorneys’ Fees and Expenses, or the Incentive Awards to the Class Representatives, must do so deliver to Class Counsel identified in writing. To be consideredthe Class Notice and to Defendants’ Counsel, and file with the Court, postmarked before midnight on the Objection Deadline ordered by the Court, a written objection must statement describing his or her objections in the specific manner set forth in this Section. The Objection Deadline shall be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Claims Administrator within thirty (30) 150 days from the mailing Preliminary Approval Date. Any such objection (1) Full name of Objector (2) Full address of Objector (3) the Notice to the Rule 23 Class Member (the “Objection Period”specific reason(s). The written objection must include the words, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlement” as well as all reasons if any, for the objection, including any legal support the Class Member wishes to bring to the Court’s attention; (4) copies of any evidence or other information the Class Member wishes to introduce in support of the objections; (5) a statement of whether the Class Member intends to appear and argue at the Fairness Hearing; and (6) the individual Class Member’s written signature, with date. Any reasons not included Class Members may do so either on their own or through an attorney retained at their own expense, however, each individual Class Member objecting to the Settlement, in whole or part, shall personally sign the written objection will not be consideredobjection. The written objection must also include proof that he or she falls within the namedefinition of the Class, job titleincluding identification of the Gas Absorption Refrigerator owned. In addition, address, and telephone number(s) for the Rule 23 any Class Member making objecting to the Settlement shall provide a list of all other objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any state or federal court in the United States in the previous five years. If the Settlement Class Member, or his, her or its counsel, has not objected to any other class action settlement in the United States in the previous five years, he, she or it shall affirmatively so state in the objection. The Settlement Claims Administrator will stamp the date received Class Members who file an objection may be subject to discovery on the original objection and send dated-stamped copies of each objection matters related to Class Counsel and Defendants’ Counsel by email and overnight delivery no later than three (3) days after receipt thereof. Class Counsel will promptly file the date-stamped originals of any and all objections with the Court. It is the responsibility of any Rule 23 their objection, including depositions. B. Any Class Member (including Plaintiffs and Class Representatives) who files an objection (an “Objector”) to retain and serves a copy of written objection, as described in the objection and proof of timely mailing hereunder. (B) A valid Objector also has the right to preceding Section V(A), may appear at the Fairness Hearing Hearing, either in person or through personal counsel hired by at the ObjectorClass Member’s own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys’ Fees and Expenses, or Incentive Awards to the individual Plaintiffs and/or the Class Representatives. An Objector Class Members or their attorneys who wishes intend to appear make an appearance at the Fairness Hearing must state his or her deliver a notice of intention to do so appear to at least one of the Class Counsel identified in writing the Class Notice and to Defendants’ counsel, and file said notice with the Court, on his or her written objections at before the time he or she submits his or her written objections Objection Deadline ordered by including the words, “I intend Court. The notice of intention to appear at must include copies of any papers, exhibits, or other evidence that the Fairness Hearing” in his or her written objection. An Objector may withdraw his or her objections at any time. No Rule 23 objecting Class Member may appear at (or the Fairness Hearing unless he or she has submitted a timely objection that complies with all procedures provided in this Section 2.6(Bobjecting Class Member’s counsel) and the previous Section 2.6(A). No Rule 23 Class Member may will present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file Court in connection with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing. C. Plaintiffs designated as Class Representatives by the Court maintain their right to support or object to the Settlement terms and may petition the Court for an Incentive Award, which is not guaranteed in any amount, but awarded, if at all, by the Court in its discretion. D. Any Class Member who fails to comply with the provisions of Sections V(A) and V(B) above shall be deemed to have waived and forfeited any and all rights he or she may have to appear separately and/or to object at or during the Final Fairness Hearing or in any other proceeding in this Litigation, and shall be bound by all terms of this Agreement and by all proceedings, orders and judgments, including, but not limited to, the Release, the Final Order, and the Final Judgment in the Action. The exclusive means for any challenge to this Settlement shall be through the provisions of this Section V. Without limiting the foregoing, any challenge to the Settlement, Final Approval Order, or Final Judgment shall be pursuant to appeal under the Federal Rules of Appellate Procedure and not through a collateral attack. E. Any Class Member (including any Plaintiff or Class Representative) who objects to the Settlement shall be entitled to all benefits of the Settlement if this Agreement and the terms contained herein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members, including the timely submission of Claim Forms, petitions, and other requirements and deadlines set forth herein.

Objections to Settlement. (A) Rule 23 Class Members (other than those who do not opt-have opted out and who wish pursuant to Section 2.4) may object to the proposed settlement settlement. To do so, an objector must do so first present his or her objections to the Claims Administrator in writing. To be considered, a written objection Such objections must be mailed sent to the Settlement Claims Administrator via First-Class United States Mailmail, postage prepaid. (B) Objections must be postmarked no later than the date specified in the Notice, which will be the first business day 75 calendar days after the Initial Mailing Deadline (to be specified in the Court’s order), and they must be received by the Settlement Claims Administrator within thirty (30) no later than 20 days from after the mailing end of the Notice to the Rule 23 Class Member (the “Objection Opt-Out Period”). The written objection must include the words, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlement” as well as all reasons for the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the name, job title, address, and telephone number(s) for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will shall stamp the postmark date and the date received on the original objection and of any such objection. Additionally, the Claims Administrator shall send dated-stamped copies of each objection to Class Counsel and Defendants’ Counsel by email and overnight delivery no e-mail not later than three (3) 2 business days after receipt thereof. Class Counsel will promptly The Claims Administrator shall also file the date-stamped originals of any and all objections with the Court. It is Clerk of Court within 30 calendar days after the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) to retain a copy end of the objection and proof of timely mailing hereunderOpt-Out Period. (BC) A valid Objector An objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objectorobjector. An Objector objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or at the time he/she submits his/her written objections at to the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in his or her written objection. An Objector may withdraw his or her objections at any timeClaims Administrator. No Rule 23 Class Member may appear speak at the Fairness Hearing unless he or she has submitted filed a timely objection that complies with all the procedures provided in this Section 2.6(B2.5(A) and the previous Section 2.6(A(B). No Rule 23 Class Member may present an objection Those who file timely objections in written form need not attend or speak at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections order for the Court to the Settlementconsider their submission. (CD) The Parties may file with the Court written responses to any filed objections no later than three (3) days before together with their motion for final approval of the settlement prior to the Fairness Hearing.

Objections to Settlement. (A) Rule 23 Class Members who do not opt-out and who wish to object to the proposed settlement must do so in writing. To be considered, a written objection must be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Claims Administrator within by a date certain thirty (30) days from the mailing of the Notice to the Rule 23 Class Member and no later than sixty (60) days from the “Objection Period”)Preliminary Approval Order. The written objection must include the words, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlementCapital One overtime case” as well as all reasons for the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the name, job title, address, and telephone number(s) numbers for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection to Class Counsel and Defendants’ Defendant’s Counsel by email and overnight delivery no later than three (3) days after receipt thereof. Class Counsel will promptly file the date-stamped originals of any and all objections with the Court. It is the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) to retain a copy of the objection and proof of timely mailing hereunder. (B) A valid Objector also has the right to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear at the Fairness Hearing” in his or her written objection. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted a timely objection that complies with all procedures provided in this Section 2.6(B) and the previous Section 2.6(A)Section. No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file with the Court written responses to any filed objections no later than three (3) days before the Fairness Hearing.

Objections to Settlement. (A) Rule 23 A. Any Class Members Member who do has not opt-out filed a timely written request for exclusion and who wish wishes to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed settlement Settlement, or to the award of Attorneys’ Fees and Expenses, or the individual awards to Plaintiffs, must do so deliver to the Class Counsel identified in writing. To be consideredthe Class Notice and to New Balance’s Counsel, and file with the Court, no later than ninety-five (95) days after entry of the Preliminary Approval Order, or as the Court otherwise may direct, a written objection must be mailed to the Settlement Claims Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Claims Administrator within thirty (30) days from the mailing statement of the Notice to the Rule 23 Class Member (the “Objection Period”). The written objection must include the wordsobjections, “I object to the settlement in the ▇▇▇▇▇▇▇▇ City wage and hour settlement” as well as all reasons the specific reason(s), if any, for each objection, including any legal support the objection. Any reasons not included in the written objection will not be considered. The written objection must also include the name, job title, address, and telephone number(s) for the Rule 23 Class Member making the objection. The Settlement Claims Administrator will stamp the date received on the original objection and send dated-stamped copies of each objection wishes to Class Counsel and Defendants’ Counsel by email and overnight delivery no later than three (3) days after receipt thereof. Class Counsel will promptly file the date-stamped originals of any and all objections with bring to the Court. It is ’s attention, any evidence or other information the responsibility of any Rule 23 Class Member who files an objection (an “Objector”) wishes to retain a copy introduce in support of the objection and proof objections, a statement of timely mailing hereunder. (B) A valid Objector also has whether the right Class Member intends to appear at the Fairness Hearing either in person or through counsel hired by the Objector. An Objector who wishes to appear at the Fairness Hearing must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear and argue at the Fairness Hearing” in his , and list the Class Member's purchase(s) of the Toning Shoes. Class Members may do so either on their own or her written through an attorney retained at their own expense. The objection must include proof of purchase for the Toning Shoes. Acceptable proof of purchase includes a cash register receipt, a credit card receipt or a credit card statement that sufficiently indicates the purchase of the Toning Shoes. The Parties shall request that the Court allow any interested party to file a reply to any objection. An Objector may withdraw his or her objections at any time. No Rule 23 Class Member may appear at the Fairness Hearing unless he or she has submitted a timely objection that complies with all procedures provided , as described in this Section 2.6(B) and the previous Section 2.6(A). No Rule 23 Class Member may present an objection at the Fairness Hearing based on a reason not stated in his or her written objections. A Rule 23 Class Member who has submitted an Opt-out Statement may not submit objections to the Settlement. (C) The Parties may file with the Court written responses to any filed objections VI.A, no later than three seven (37) days before the Fairness Hearing. B. Any Class Member who files and serves a written objection, as described in the preceding Section VI.A, may appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member's expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the proposed Settlement, or to the award of Attorneys' Fees and Expenses or awards to the individual Plaintiffs. Class Members or their attorneys who intend to make an appearance at the Fairness Hearing must deliver a notice of intention to appear to one of the Class Counsel identified in the Class Notice and to New Balance's Counsel, and file said notice with the Court, no later than ninety-five (95) days after entry of the Preliminary Approval Order, or as the Court may otherwise direct. C. Any Class Member who fails to comply with the provisions of Sections VI.A and VI.B above shall waive and forfeit any and all rights he or she may have to appear separately and/or to object, and shall be bound by all the terms of this Agreement and by all proceedings, orders and judgments, including, but not limited to, the Release, in the Action. D. Any Class Member who objects to the Settlement shall be entitled to all of the benefits of the Settlement if this Agreement and the terms contained therein are approved, as long as the objecting Class Member complies with all requirements of this Agreement applicable to Class Members, including the timely submission of Claim Forms and other requirements discussed herein.