Common use of Procedure for Requesting Exclusion Clause in Contracts

Procedure for Requesting Exclusion. The Notice shall provide that Settlement Class Members who wish to exclude themselves from the Class must submit a written statement requesting exclusion from the Class by mail or email to the Settlement Administrator on or before the 60 days from Notice distribution (“Exclusion Deadline Date”). Such written request for exclusion must contain the Class Member’s full name, address, telephone number, and the last four digits of his/her/its social security number, a statement that the Settlement Class Member wishes to be excluded from the Settlement and must be signed by the Settlement Class Member. The date of the 15132937v.1 postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Any Settlement Class Member who excludes himself/herself/itself from the Settlement will not be entitled to any recovery under the Settlement and will not be bound by the Settlement. No later than three (3) days after receiving a request for exclusion the Settlement Administrator shall furnish to Settlement Class Counsel and Defendant’s Counsel a copy of that request for exclusion. Settlement Class Counsel shall file the requests for exclusion with the motion for final approval of the Settlement. If twenty percent (20%) or more of the Settlement Class Members submit valid requests for exclusion from the Settlement, Defendant may elect to withdraw from and not be bound by the terms of this Agreement.

Procedure for Requesting Exclusion. The Notice shall provide that Settlement 15132937v.1 Class Members who wish to exclude themselves from the Class must submit a written statement requesting exclusion from the Class by mail or email to the Settlement Administrator on or before no later than thirty (30) days after the 60 days from Notice distribution (“Exclusion Deadline Date”). Such written request for exclusion must contain the Class Member’s full name, address, telephone number, and the last four digits of his/her/its his or her social security number, a statement that the Settlement Class Member wishes to be excluded from the Settlement and must be signed by the Settlement Class Member. The date of the 15132937v.1 postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Any Settlement Class Member who excludes himself/herself/itself himself or herself from the Settlement will not be entitled to any recovery under the Settlement and will not be bound by the Settlement. No later than three (3) days after receiving a request for exclusion exclusion, the Settlement Administrator shall furnish to Settlement Class Counsel and Defendant’s Defendants’ Counsel a copy of that request for exclusion. Settlement Class Counsel shall file the requests for exclusion with the motion for final approval of the Settlementsettlement. If twenty ten percent (2010%) or more of the Settlement Class Members submit valid requests for exclusion from the Settlement, Defendant Defendants may elect to withdraw from and not be bound by the terms of this Agreement.

Procedure for Requesting Exclusion. The Notice shall provide that Settlement Class Members who wish to exclude themselves from the Class must submit a written statement requesting exclusion from the Class by mail or email to the Settlement Administrator on or before the 60 120 days from Notice distribution (“Exclusion Deadline Date”)distribution. Such written request for exclusion must contain the Class Member’s full name, address, telephone number, and the last four digits of his/her/its his or her social security number, a statement that the Settlement Class Member wishes to be excluded from the Settlement Settlement, and must be signed by the Settlement Class Member. The date of the 15132937v.1 postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Any Settlement Class Member who excludes himself/herself/itself himself or herself from the Settlement will not be entitled to any recovery under the Settlement and will not be bound by the Settlement. If a Settlement Class Member submits both an exclusion request and a Claim Form, the Settlement Administrator shall contact the Settlement Class Member to determine whether the Class Member intended to request exclusion. If the Settlement Administrator contacts the Class Member and is unable to communicate with him or her, the Claim Form will govern and the exclusion request will be considered invalid. No later than three (3) days after receiving a request for exclusion the Settlement Administrator shall furnish to Settlement Class Counsel and Defendant’s Counsel a copy of that request for exclusion. Settlement Class Counsel shall file or otherwise identify the requests for exclusion with the motion for final approval of the Settlementsettlement. If twenty five percent (205%) or more of the Settlement Class Members submit valid requests for exclusion from the Settlement, Defendant may elect to withdraw from and not be bound by the terms of this Agreement.

Procedure for Requesting Exclusion. The Notice shall provide that A class member who wishes to be excluded from the Agreement must request to be excluded from the Agreement within 60 days after notice is sent to the eligible class member for such class member’s request for exclusion to be considered timely. A Settlement Class Members who wish Member may request to exclude themselves be excluded from the Settlement Class by sending a written request postmarked on or before the Objection/Exclusion Deadline approved by the Court and specified in the Notice. To exercise the right to be excluded, a Person in the Settlement Class must submit timely send a written statement requesting request for exclusion from the Class by mail or email to the Settlement Administrator on or before the 60 days from Notice distribution (“Exclusion Deadline Date”). Such written request for exclusion must contain the Class Member’s full name, providing his/her name and address, telephone number, his or her signature, the name and number of the last four digits of his/her/its social security numbercase, and a statement that the Settlement Class Member he or she wishes to be excluded from the Settlement Class for purposes of this Settlement. A request to be excluded that does not include all of this information, does not clearly state an intention to be excluded, or that is sent to an address other than that designated in the Notice, or that is not postmarked within the time specified, shall be invalid, and must the Person(s) serving such a request shall be signed by a member(s) of the Settlement Class Memberand shall be bound as a Settlement Class Member by this Agreement, if approved. (a) No later than three (3) days after receiving a request for exclusion the Settlement Administrator shall furnish to Settlement Class Counsel and Defendants’ Counsel a copy of that request for exclusion. (b) Any member of the Settlement Class who validly elects to be excluded from this Agreement shall not: (i) be bound by any orders or the Final Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Agreement; or (iv) be entitled to object to any aspect of this Agreement. The request for exclusion must be personally signed by each Person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed. To be valid, a request for exclusion must be postmarked or received by the date specified in the Notice. The date of the 15132937v.1 postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Any Settlement . (c) No person shall have any claim against Defendant, Defendant’s Counsel, the Plaintiff, Class Member who excludes himself/herself/itself from Counsel, or the Settlement will not be entitled to Administrator based on any recovery under the Settlement and will not be bound by the Settlement. No later than three (3) days after receiving claim that a request for exclusion the Settlement Administrator shall furnish to Settlement Class Counsel and Defendant’s Counsel was not received in a copy of that request for exclusion. Settlement Class Counsel shall file the requests for exclusion with the motion for final approval of the Settlement. If twenty percent (20%) or more of the Settlement Class Members submit valid requests for exclusion from the Settlement, Defendant may elect to withdraw from and not be bound by the terms of this Agreementtimely manner.