Common use of Opt-Out Procedure Clause in Contracts

Opt-Out Procedure. 7.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 The Notice shall inform each Settlement Class Member of the right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in the Notice. 7.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s full name, address, and telephone number; (c) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the Lawsuit); and (d) clearly manifest the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel and SOA Counsel of any Opt-Out Requests. 7.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the Lawsuit. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-opt out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Claims Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in the Notice. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the Lawsuit); and (dc) clearly manifest the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Claims Administrator shall promptly inform Settlement Class Counsel and SOA PracticeMax Counsel of any Opt-Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Claims Administrator shall furnish to Settlement Class Counsel and to SOA PracticeMax Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1. Each Settlement Class Member shall have the right to opt-opt out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2. The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Claims Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3. The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- Day day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in the Notice. 7.4 6.4. For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the Lawsuit); and (dc) clearly manifest the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlementsettlement, to not to participate in the Settlementsettlement, and/or to waive all rights to the benefits of the Settlementsettlement. The Settlement Claims Administrator shall promptly inform Settlement Class Counsel and SOA ▇▇▇ ▇▇▇▇’▇ Counsel of any Opt-Out Requests. 7.5 6.5. All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlementsettlement. 7.6 6.6. An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person Person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7. No person Person or entity shall purport to exercise any exclusion rights of any other personPerson, or purport (a) to opt-opt out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-opt out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8. Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Claims Administrator shall furnish to Settlement Class Counsel and to SOA ▇▇▇ ▇▇▇▇’▇ Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- 60) Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in entry of the NoticePreliminary Approval Order. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, guardian or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, right such as those in the LawsuitAction); and (dc) clearly manifest state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, to Electronically Filed - ▇▇▇▇▇▇▇ - Kansas City - December 30, 2020 - 01:40 PM be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and SOA ▇▇▇▇▇▇ Counsel of any Opt-Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, 6.4 above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such Electronically Filed - ▇▇▇▇▇▇▇ - Kansas City - December 30, 2020 - 01:40 PM purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen seven (147) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA ▇▇▇▇▇▇ Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in the Notice. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the Lawsuit); and (dc) clearly manifest the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel and SOA ▇▇▇▇-▇▇▇▇▇▇ Counsel of any Opt-Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA ▇▇▇▇-▇▇▇▇▇▇ Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 Each a. Class Members will have until the Response Deadline to mail by first class U.S. mail, with proof of date of submission to be the postmark date, a written request to opt out of the Settlement (“Request for Exclusion”). Unless a Class Member submits a timely and valid Request for Exclusion, he/she shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 The Notice shall inform each Settlement Class Member of the right to request exclusion from the Settlement Class and not to be bound by the terms and conditions of this Settlement Agreement, ifincluding the release of claims as set forth herein. b. A Request for Exclusion, within such time as is ordered in order to be deemed valid, must: (1) be signed by the Court Class Member; (“Opt-Out Period”), 2) contain the Settlement Class Member personally signs case name and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date number of the Opt-Out Period. 7.3 The Parties will recommend to White Class Action; (3) contain the Court that the Opt-Out Period be the sixty (60)- Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in the Notice. 7.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s full name, addresslast four digits of the person’s Social Security Number, telephone number, and telephone number; (c) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the Lawsuit)mailing address; and (d4) clearly manifest state that the Class Member wants to opt out of the Settlement. c. Upon receipt of any timely Request for Exclusion, the Settlement Administrator shall review the request to verify the information contained therein and confirm that the request complies with the requirements of this Agreement. d. Any Class Member’s intent Member who fails to submit via first class U.S. mail a timely, complete, and valid Request for Exclusion shall be excluded barred from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits opting out of this Agreement or the Settlement. The Settlement Administrator shall promptly inform not review or consider any Request for Exclusion postmarked after the Response Deadline. Under no circumstances shall the Settlement Administrator have the authority to extend the Response Deadline for Class Counsel and SOA Counsel of any Opt-Out RequestsMembers to file a Request for Exclusion, except as ordered by the Court or mutually agreed by the Parties. 7.5 All Settlement e. If five percent (5%) or more of the Class Members who submit a timely and valid Opt-Out Requests in Request for Exclusion, Defendants shall have the manner sole and absolute discretion to withdraw from this Agreement within ten (10) calendar days after the Response Deadline. Defendants shall provide written notice of such withdrawal to Class Counsel. In the event that Defendants elect to withdraw as set forth in Paragraph 6.4this provision, above, referred the withdrawal shall have the same effect as a termination of this Agreement for failure to herein as “Opt-Outs,” satisfy a condition of Settlement and the Agreement shall receive become null and void and have no benefits further force or compensation effect. If Defendants choose to terminate this Agreement under this Settlement Agreementprovision, they shall gain no rights from be responsible to pay the Settlement Agreement, shall not be bound Administration Costs incurred by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the Lawsuit. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the SettlementAdministrator. 7.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Class Action Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty ninety (60)- 90) Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in entry of the NoticePreliminary Approval Order. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, guardian or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, right such as those in the LawsuitAction); and (dc) clearly manifest state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel and SOA Clearway Counsel of any Opt-Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, paragraph 6.4 above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen seven (147) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA Clearway Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty ninety (60)- 90) Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in entry of the NoticePreliminary Approval Order. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, such as those in the LawsuitAction); and (dc) clearly manifest state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel and SOA New London Hospital Counsel of any Opt-Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA New London Hospital Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 7.3 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty ninety (60)- 90) Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in entry of the NoticePreliminary Approval Order. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, (b) state the Settlement Class Member’s his or her full name, address, and telephone number; (cb) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian, guardian or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right, right such as those in the LawsuitAction); and (dc) clearly manifest state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Mercy Counsel and SOA Mercy Counsel of any Opt-Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in the LawsuitHearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, 6.4 above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen seven (147) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA Mercy Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement

Opt-Out Procedure. 7.1 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 7.2 6.2 The Notice shall inform each Settlement Class Member of the his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (the “Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion to be excluded from the Settlement Class (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out PeriodPeriod (“Opt-Out Deadline”). 7.3 6.3 The Parties will recommend to the ▇▇▇▇▇▇▇▇▇▇ Court that the Opt-Out Period be the sixty (60)- Day 60)-Day period beginning upon the Notice Deadline. The deadline for filing Opt-Out Requests shall be included in the NoticeCommencement Date. 7.4 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state the case name, ▇▇▇▇▇▇▇▇▇▇ v. Illinois Gastroenterology Group, No. 22 L 173 (Ill. 19th Jud. Dist. Ct. Lake Cnty. May 11, 2022); (b) state the Settlement Class Member’s full name, address, and telephone number; (c) contain the Settlement Class Member’s personal and original signature (or the personal and original signature of a person Person previously authorized by law, such as a trustee, guardian, or person acting under a power of attorney law to act on behalf of the Settlement Class Member with respect to a claim or right, such as those the claims asserted in the LawsuitLawsuits); and (d) clearly manifest the Settlement Class Membera Person’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel and SOA IGG Counsel of any Opt-Opt- Out Requests. 7.5 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in Paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing in before the Lawsuit▇▇▇▇▇▇▇▇▇▇ Court. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in Paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered the Final Order and Judgment thereon, regardless of whether he or she files a Claim Form or receives any monetary benefits from the Settlement. 7.6 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment the Final Order and Judgment entered thereon. 7.7 6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Opt-Opt- Out Requests shall be void, and the Settlement Class Member(s) who is or are the subject of any such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this the Settlement Agreement, including the Release contained herein, and judgment entered thereonby all proceedings, orders, and judgments in the Lawsuits, including the Final Order and Judgment, unless he or she submits a valid and timely Opt-Out Request. 7.8 6.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class Counsel and to SOA IGG Counsel a complete list of all timely and valid Opt-Out Requests (the “Opt-Out List”).

Appears in 1 contract

Sources: Settlement Agreement