Common use of Opt Outs and Objections Clause in Contracts

Opt Outs and Objections. (a) Any member of the Settlement Class who wishes to exclude herself or himself from the Settlement Class must advise the Settlement Class Administrator in writing of that intent, and the opt-out request must be postmarked no later than the Opt-Out Deadline. The Settlement Class Administrator shall provide counsel to the Parties with copies of all opt-out requests it receives in weekly status reports to the Parties and shall provide a list of all Settlement Class Members who timely and validly opted out of the Settlement in its declaration filed with the Court concurrent with Settlement Class Counsel’s motion for final approval of the Settlement Agreement. The Settlement Class Administrator’s declaration shall include the names of persons who have excluded themselves from the Settlement, but it shall not include their addresses or any other personal identifying information. Settlement Class Members who do not properly and timely submit an opt-out request will be bound by this Agreement and the judgment, including the releases. i. In a written request for exclusion, the Settlement Class Member must state: (a) the Settlement Class Member’s full name; (b) the Settlement Class Member’s address, telephone number, and email address; (c) the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (d) a statement indicating that they are a member of the Settlement Class and wish to be excluded from the Settlement; and (e) if the Settlement Class Member has filed a lawsuit or arbitration against Intuit, the case name and case number relating to the Settlement Class Member. Opt-outs must bear original or PDF copy of class member’s hand-written signature. An opt-out may not be signed by a lawyer or anyone acting on a Settlement Class Member’s behalf. ii. Any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Settlement Agreement.

Opt Outs and Objections. (a) Any member 69. Opt-Outs. The Notice shall explain the procedure for Settlement Class Members to exclude themselves or “opt out” of the Settlement Class who wishes by submitting a Request for Exclusion to exclude herself or himself from the Settlement Class must advise the Settlement Class Administrator in writing of that intent, and the opt-out request must be postmarked no later than sixty (60) days after the Notice Deadline. The Notice also 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. a. 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. b. 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 Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion 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 Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline. The , the Settlement Class Administrator shall provide counsel to the Parties with copies of all opt-out requests it receives in weekly status reports to the Parties a complete and shall provide a final list of all Settlement Class Members Opt-Outs who have submitted a Request for Exclusion and have timely and validly opted out of the Settlement in its declaration filed with the Court concurrent with Settlement Class Counsel’s motion for final approval of the Settlement Agreement. The Settlement Class Administrator’s declaration shall include the names of persons who have validity excluded themselves from the SettlementSettlement Class and, but it upon request, copies of all Requests for Exclusion received. In the event that there are more than thirty (30) Opt-Outs, Defendants may, by notifying Settlement Class Counsel in writing, void this Agreement as set forth in Paragraph 77 below. d. All persons who opt out shall not include their addresses receive any benefits or any other personal identifying information. Settlement Class Members who do not properly and timely submit an opt-out request will be bound by this Agreement and the judgment, including the releases. i. In a written request for exclusion, the Settlement Class Member must state: (a) the Settlement Class Member’s full name; (b) the Settlement Class Member’s address, telephone number, and email address; (c) the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (d) a statement indicating that they are a member of the Settlement Class and wish to be excluded from the Settlement; and (e) if the Settlement Class Member has filed a lawsuit or arbitration against Intuit, the case name and case number relating to the Settlement Class Member. Opt-outs must bear original or PDF copy of class member’s hand-written signature. An opt-out may not be signed by a lawyer or anyone acting on a Settlement Class Member’s behalf. ii. Any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by the terms of this Agreement. All persons falling within the definition of the Settlement AgreementClass who do not opt out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Opt Outs and Objections. (a) 8.1 Any member of the Settlement Class Member who wishes to exclude herself or himself be excluded from the Settlement Class Classes must advise the Settlement Class Administrator Global Parties in writing of that intent, intent and the opt-out request must be mailed to the Global Parties and postmarked no later than the Opt-Out Deadline. The Settlement Class Administrator shall provide counsel to the Parties with copies of all opt-out requests it receives in weekly status reports to the Parties and shall provide a list of all Settlement Class Members who timely and validly opted out of the Settlement in its declaration filed with the Court concurrent with Settlement Class Counsel’s motion for final approval of the Settlement Agreement. The Settlement Class Administrator’s declaration shall include the names of persons who have excluded themselves from the Settlement, but it shall not include their addresses or any other personal identifying information. Settlement Class Members who do not properly and timely submit an opt-out request will be bound by this Settlement Agreement and the judgmentFinal Order and Judgment, including the releases. i. 8.2 Any Settlement Class Member who submits a valid and timely request for exclusion will not be bound by the terms of this Settlement Agreement. In a written request for exclusion, the Settlement Class Member must state: (a) : the Settlement Class Member’s full name; (b) the Settlement Class Member’s address, telephone number, and email address; (c) the unique identification number for the Settlement Class Member assigned by the Settlement Administrator; (d) a statement indicating that they are a member of the Settlement Class and wish to be excluded from the Settlement; and (e) if the Settlement Class Member’s signature. 8.3 Any Settlement Class Member who intends to object to this Settlement Agreement or to Class Counsel’s application for attorneys’ fees, reimbursement of costs, or Service Awards to Settlement Class Representatives must file with the Court a written objection signed by the Settlement Class Member has by the Objection Deadline. For an objection to be considered by the Court, the objection must be filed with the Court and must include the following: (a) the Settlement Class Member’s full name, address, email address, and telephone number; (b) an explanation of the basis upon which the objector claims to be a lawsuit Settlement Class Member; (c) whether the objection applies only to the objector, or arbitration against Intuitto the Settlement Class as a whole, and the reasons for his, her or its objection, accompanied by any legal or factual support for the objection; (d) the name of counsel for the objector (if any), including any current or former counsel who may seek or receive compensation for any reason related to the objection; (e) the case name and case civil action number relating of any other objections the objector or his or her or its counsel have made in any other class action cases in the last 5 years; and (f) whether the objector intends to appear at the Final Approval Hearing on his or her or its own behalf or through counsel. Counsel for any objector must enter a Notice of Appearance no later than 14 days before the Final Approval Hearing. 8.4 Any Settlement Class Member who timely and properly objects may appear at the Final Approval Hearing, either in person or through an attorney hired at the Settlement Class Member. Opt-outs must bear original or PDF copy of class member’s hand-written signature. An opt-out own expense. 8.5 A Settlement Class Member may not be signed by a lawyer or anyone acting on both opt out of the Settlement and object. If a Settlement Class Member’s behalf. ii. Any member of Member submits both a request for exclusion and an objection, the Settlement Class who submits a valid and timely request for exclusion will not be a control. A Settlement Class Member and shall who opts out of the Settlement may not be bound by object to the terms fairness of this Settlement Agreement. 8.6 Any Settlement Class Member who does not make an objection in the time and manner set forth herein shall be deemed to have waived any objections and be forever foreclosed from making any objection to the fairness or adequacy of the Settlement, including but not limited to the compensation of Settlement Class Members, the award of attorneys’ fees and reimbursement of costs, the Service Awards or the Final Order and Judgment. 8.7 The Settlement Administrator shall provide Class Counsel and counsel for Defendant with copies of all opt-out notifications she received and, within 14 days after the Opt- out Deadline, shall provide counsel with a final list of all who have timely and validly excluded themselves from the Settlement Class.

Opt Outs and Objections. (a) A. Any member of the Settlement Class who wishes Person may request to exclude herself or himself be excluded from the Settlement Class must advise the Settlement Class Administrator in writing of that intent, and the opt-out request must be postmarked no later than at any time before the Opt-Out Period/Objection Deadline, by complying with the procedures for doing so as set forth in the Court-approved Settlement Notices. The Settlement Class Administrator shall provide counsel In order to exercise the Parties with copies of all right to opt-out requests it receives in weekly status reports and be excluded from the Settlement Class, the Person seeking to do so must complete and return to the Parties Settlement Administrator a Request for Exclusion, such that it is postmarked on or before the Opt-Out Period/Objection Deadline. Requests for Exclusion that are postmarked after the Opt- Out Period/Objection Deadline will be considered invalid and shall provide of no effect, and the Person who untimely submits a list of Request for Exclusion will remain a Settlement Class Member and will be bound by any Orders entered by the Court, including a Judgment approving the Agreement and implementing the Release contemplated thereby. Except for those Persons who have properly and timely submitted Requests for Exclusion, all Settlement Class Members who timely and validly opted out of the Settlement in its declaration filed with the Court concurrent with Settlement Class Counsel’s motion for final approval of the Settlement Agreement. The Settlement Class Administrator’s declaration shall include the names of persons who have excluded themselves from the Settlement, but it shall not include their addresses or any other personal identifying information. Settlement Class Members who do not properly and timely submit an opt-out request will be bound by this Agreement and the judgmentJudgment, including the releases. i. In Release herein contained. Any Person who timely and properly submits a written request Request for exclusion, Exclusion shall not (1) be bound by any orders or Judgment entered in the Lawsuit nor by the Release herein contained; (2) be entitled to any relief under this Agreement; (3) gain any rights by virtue of this Agreement; or (4) be entitled to object to any aspect of this Agreement or the Lawsuit. Each Person requesting exclusion from the Settlement Class must personally sign his or her own individual Request for Exclusion. No Person may opt-out of the Settlement Class any other Person, or be opted-out by any other Person, and no Person shall be deemed opted-out of the Settlement Class through any purported “mass” or “class” opt-outs. B. Any Settlement Class Member who intends to object to this Agreement must state: (a) submit to the Court, with copies sent to Lead Class Counsel and the Defendants’ Counsel, such that it is postmarked on or before the Opt-Out Period/Objection Deadline, a Notice of Intent to Appear and Object that includes his or her personal signature and his or her full name and address, and includes all arguments, citations, and evidence supporting the objection, states that he or she is a member of the Settlement Class, and provides a statement whether the objector intends to appear at the Fairness Hearing, either with or without counsel. Objections must be postmarked on or before the Opt-Out Period/Objection Deadline. No Settlement Class Member shall be heard, and no papers, briefs, or pleadings submitted by such Settlement Class Member, shall be received or considered by the Court unless the Settlement Class Member’s full name; (b) properly completed and signed statement of objection and Notice of Intent to Appear and Object is postmarked by the Settlement Class Member’s address, telephone number, and email address; (c) the unique identification number for the Opt-Out Period/Objection Deadline. Any Settlement Class Member assigned by who fails to timely or properly file a written objection and Notice of Intent to Appear and Object shall be deemed to have waived his or her objections and be forever barred from making any such objections in this Lawsuit, the Settlement Administrator; (d) a statement indicating that they are a member of the Settlement Class and wish to be excluded from the Settlement; and (e) if the Related Actions, or in any other action or proceeding. C. Any Settlement Class Member has filed a lawsuit who fails to strictly comply with the provisions and deadlines of this Section shall waive and forfeit any and all rights he or arbitration against Intuitshe may have to appear separately and/or object, the case name and case number relating to the Settlement Class Member. Opt-outs must bear original or PDF copy of class member’s hand-written signature. An opt-out may not be signed by a lawyer or anyone acting on a Settlement Class Member’s behalf. ii. Any member of the Settlement Class who submits a valid and timely request for exclusion will not be a Settlement Class Member and shall not be bound by all the terms of this Settlement Agreement, by the Release, and by all other proceedings, orders, and Judgment in the Lawsuit.