Opt-Outs Clause Samples
The Opt-Outs clause allows parties to exclude themselves from certain obligations, terms, or processes specified in an agreement. Typically, this clause outlines the conditions under which a party can opt out, such as providing written notice within a set timeframe or meeting specific criteria. For example, a party might opt out of arbitration or certain data-sharing provisions. The core function of this clause is to provide flexibility and autonomy, enabling parties to avoid unwanted commitments or procedures that may not suit their interests or circumstances.
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Opt-Outs. Class Members who Opt-out of the Settlement.
(A) Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline.
(B) A Class Member’s time to opt-out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline.
(C) The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement.
(D) Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this Agreement.
Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (60) days after the Notice Deadline. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. The Notice must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.
Opt-Outs. 66. Opt-Out Period
a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class.
67. Opt-Out Process
a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline.
b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from ▇▇▇▇▇ Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the Settlement, if approved.
c. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement Class.
d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.
Opt-Outs. (a) A Class Member who wishes to exclude himself or herself from this Agreement, and from the release of claims and defenses provided for under the terms of this Agreement, shall submit an Exclusion Letter by mail to the Claims Administrator. For an Exclusion Letter to be valid, it must be postmarked on or before the Bar Date to Opt Out. Any Exclusion Letter shall identify the Class Member, state that the Class Member wishes to exclude himself or herself from the Agreement, and shall be signed and dated.
(b) The Claims Administrator shall maintain a list of persons who have excluded themselves and shall provide such list to Defendant’s Counsel and Class Counsel at least five (5) days prior to the date Class Counsel is required to file the Motion for Final Approval. The Claims Administrator shall retain the originals of all Exclusion Letters (including the envelopes with the postmarks). The Claims Administrator shall make the original Exclusion Letters available to Class Counsel, Defendant’s Counsel and/or the Court upon two (2) court days’ written notice.
Opt-Outs. (1) Opt-out rights were provided in earlier settlements in these Proceedings involving other settling defendants. No further right to opt-out of the Proceedings will be provided.
(2) With respect to any potential Settlement Class Member who validly opted-out from the Proceedings, the Settling Defendants reserve all of their legal rights and defences.
(3) The Plaintiffs through their respective Class Counsel expressly waived their right to opt- out of the Proceedings.
Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than the Opt-Out Deadline. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement in the communication. The Notice must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.
Opt-Outs. Due to the nature of the relief offered to the Class Members, no Class 17 Members are permitted to opt-out. All Class Members’ denied, revoked, or pending SIJ Petitions will be adjudicated in accordance with this Agreement. 18
Opt-Outs. 16.1. Any individual who wishes to exclude themselves from the Settlement must submit a written request for exclusion to the Settlement Administrator, which shall be postmarked no later than the Opt-Out Deadline or submitted online through the claims portal and verified no later than the Opt-Out Deadline.
16.2. The written request for exclusion must:
(i) Identify the case name of the Action;
(ii) Identify the name and address of the individual seeking exclusion from the Settlement;
(iii) Be personally signed by the individual seeking exclusion;
(iv) Include a statement clearly indicating the individual’s intent to be excluded from the Settlement; and
(v) Request exclusion only for that one individual whose personal signature appears on the request.
16.3. To be effective and valid, opt-out requests submitted online must verify the request to opt-out no later than the Opt-Out Deadline using the link sent to the individual who submitted the request for exclusion.
16.4. Opt-out requests seeking exclusion on behalf of more than one individual shall be deemed invalid by the Settlement Administrator.
16.5. Any individual who submits a valid and timely request for exclusion in the manner described herein shall not: (i) be bound by any orders or judgments entered in connection with the Settlement; (ii) be entitled to any relief under, or be affected by, the Agreement;
Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt-out” of the Settlement by mailing a request for exclusion to the Settlement Administrator postmarked no later than the Opt-Out Deadline. The request for exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion,” a comparable statement that the individual does not wish to participate in the Settlement, or some other clear manifestation of the intent to opt-out of the Settlement in the written communication. Each request for exclusion must request exclusion only for that one individual whose personal signature appears on the request. The Notice must state that any Settlement Class Member who does not file a timely request for exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.
Opt-Outs. (a) A Potential Settlement Class Member who wishes to exclude himself or herself from this Agreement, and from the release of claims and defenses provided for under the terms of this Agreement, shall submit an Exclusion Letter by mail to the Settlement Administrator. For an Exclusion Letter to be valid, it must be postmarked on or before the Bar Date to Opt-Out. Any Exclusion Letter shall identify the Potential Settlement Class Member, state that the Potential Settlement Class Member wishes to be excluded from the Agreement, and shall be signed and dated.
(b) The Settlement Administrator shall maintain a list of Potential Settlement Class Members who have excluded themselves and shall provide such list to Defendant’s Counsel and Class Counsel at least five (5) days prior to the date Class Counsel is required to file the Motion for Final Approval. The Settlement Administrator shall retain the originals of all Exclusion Letters (including the envelopes with the postmarks). The Settlement Administrator shall make the original Exclusion Letters available to Class Counsel, Defendant’s Counsel and/or the Court upon two (2) court days’ written notice.