Common use of Procedure for Requesting Exclusion Clause in Contracts

Procedure for Requesting Exclusion. Settlement Class Members who wish to opt out of the Settlement (for purposes of damages claims only) must submit a written statement within the Objection/Exclusion Deadline. The Class Notice shall provide mandatory language for the request for exclusion. Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. The date of the postmark on the mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request shall be deemed untimely unless it is received by counsel for the Parties within two (2) calendar days of the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any portion of the refunds, will not be bound by the settlement (for purposes of damages claims only), and will not have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the Objection/Exclusion Deadline shall be bound by all terms of the Settlement and any final judgment entered in this litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested exclusion from the Settlement.

Procedure for Requesting Exclusion. Settlement Class Members who wish to opt out of the this Settlement (for purposes of damages claims only) must submit a written statement within the Objection/Exclusion Deadline. The Class Long Form Notice shall provide mandatory language for the to be included in any request for exclusion. Requests to opt-out for Exclusion that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. The date of the postmark on the mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request Request for Exclusion has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request Request for Exclusion shall be deemed untimely unless it is received by counsel for the Parties Settlement Administrator within two (2) calendar days of the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any portion of the refundsrelief, will not be bound by the settlement (for purposes of damages claims only)Settlement, and will not have any right to object, appeal appeal, or comment thereon. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the Objection/Exclusion Deadline shall be bound by all terms of the Settlement and any final judgment entered in this litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested exclusion from the Settlement.