Common use of Procedure for Requesting Exclusion Clause in Contracts

Procedure for Requesting Exclusion. Settlement Class Members who wish to exclude themselves from the Settlement must submit a Request for Exclusion (via U.S. mail, email, or fax) pursuant to the instructions in the Notice and such a request must be sent, or postmarked if sent by U.S. mail, no later than the Exclusion Deadline. A written Request for Exclusion must be signed by the potential Settlement Class Member (if by U.S. mail or fax) and include his or her name, address, and telephone number, and expressly state the desire to be excluded. A Request for Exclusion shall not be invalid for failure to provide all the requested information so long as the Settlement Administrator can ascertain the individual’s status as a Settlement Class Member and the individual’s desire to exclude himself or herself from the Settlement Class. Any Settlement Class Member who does not provide the Settlement Administrator with a timely, written Request for Exclusion waives the right to do so in the future and shall be bound by all the terms and conditions of this Agreement, including the release of identified claims set forth hereinafter. In the event a potential Settlement Class Member submits a timely written Request for Exclusion but thereafter submits a timely and valid Claim Form, he or she will be deemed not to have excluded himself or herself from the settlement. In the event a potential Settlement Class Member submits a timely and valid Claim Form but thereafter submits a timely written Request for Exclusion, he or she will be deemed to have excluded himself or herself from the Settlement.