Common use of Request for Exclusion from the Settlement Clause in Contracts

Request for Exclusion from the Settlement. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) to the Claim Administrator at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. To be effective, the Request for Exclusion must: 1. include the Settlement Class Member's full name, address and telephone number; 2. identify the model, model year and VIN of the Settlement Class Vehicle; and 3. specifically and unambiguously state his, her or its desire to be excluded from the Settlement Class. 4. Any request or exclusion must be postmarked on or before the deadline set by the Court, which date shall be approximately thirty (30) days after the Notice Date. Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion sent to the proper address, shall be subject to and bound by this Settlement Agreement, the Release and every order or judgment entered relating to this Settlement Agreement. 5. The Claim Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Defendants’ counsel for determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself, herself or itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Administrator will maintain a database of all Requests for Exclusion, and will send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defendants’ counsel. The Claim Administrator shall report the names and addresses of all such persons and entities requesting exclusion to the Court, Class Counsel and Defendants’ Counsel within eighteen (18) days prior to the Final Hearing, and the list of persons and entities deemed by the Court to have excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment.

Request for Exclusion from the Settlement. 1. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) ), online at the settlement website, or mailed substantially in the form attached hereto as Exhibit J, to the Claim Settlement Administrator at the address specified in the Class Full Notice by the date specified in the Preliminary Approval Order and recited in the Class Full Notice. To be effective, the Request for Exclusion mustmust be submitted on the settlement website or sent to the specified address and: 1. a. include the Settlement Class Member's ’s full name, current address and telephone number; 2. identify the model, model year and VIN of the Settlement Class Vehicle; and 3. b. specifically and unambiguously state his, in writing his or her or its desire to be excluded from the Settlement ClassClass and election to be excluded from any judgment entered pursuant to the settlement. 42. Any Settlement Class Member who obtains relief pursuant to the terms of this Settlement Agreement after the receipt of the First Class Notice gives up the right to exclude him or herself from this settlement. 3. Any request or exclusion must be submitted online or postmarked on or before the deadline set by the Court, which date shall be approximately thirty forty-five (3045) days after the date of the mailing of Notice Dateto Settlement Class Members. Any Settlement Class Member Member, who fails to submit a timely and complete Request for Exclusion sent to the proper address, shall be subject to and bound by this Settlement Agreement, the Release and every order or judgment entered relating to this Settlement Agreement. 54. The Claim Settlement Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Defendants’ counsel for determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself, himself or herself or itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible, and may contact the Settlement Class Member for clarification. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Settlement Administrator will maintain a database of all Requests for Exclusion, and will send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defendants’ counselCounsel. The Claim Settlement Administrator shall report the names and addresses of all such persons and entities requesting exclusion to the Court, Court and Class Counsel and Defendants’ Counsel within eighteen thirty (1830) days prior to the Final Hearing, and the list of persons and entities deemed by the Court to have excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment. 5. Objections and Requests for exclusions shall be permitted on an individual basis only. Any purported “class-wide” objections or opt-outs will be construed as being submitted only on behalf of the person who actually submitted the exclusion.

Request for Exclusion from the Settlement. 1. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) ), substantially in the form attached hereto as Exhibit G, to the Claim Administrator Subaru at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. To be effective, the Request for Exclusion mustmust be sent to the specified address and: 1. (a) include the Settlement Class Member's ’s full name, current address and telephone number; 2. (b) identify the model, model year year, date of acquisition and VIN vehicle identification number of the Settlement Class Vehicle; and 3. (c) specifically and unambiguously state his, in writing his or her or its desire to be excluded from the Settlement ClassClass and election to be excluded from any judgment entered pursuant to the settlement. 42. Any Settlement Class Member who obtains relief pursuant to the terms of this Settlement Agreement after the receipt of the Class Notice gives up the right to exclude him or herself from this settlement. 3. Any request or exclusion must be postmarked on or before the deadline set by the Court, which date shall be approximately thirty forty-five (3045) days after the date of the mailing of Notice Dateto Settlement Class Members. Any Settlement Class Member Member, who fails to submit a timely and complete Request for Exclusion sent to the proper address, shall be subject to and bound by this Settlement Agreement, the Release and every order or judgment entered relating to this Settlement Agreement. 54. The Claim Administrator Subaru will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Defendants’ counsel for determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself, himself or herself or itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible, and may contact the Settlement Class Member for clarification, if appropriate. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Administrator Subaru will maintain a database of all Requests for Exclusion, and will send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defendants’ counselCounsel. The Claim Administrator Subaru shall report the names and addresses of all such persons and entities requesting exclusion to the Court, Court and Class Counsel and Defendants’ Counsel within eighteen seven (187) days prior to the Final Hearing, and the list of persons and entities deemed by the Court to have excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment. Objections and Requests for exclusions shall be permitted on an individual basis only. Any purported “class-wide” objections or opt-outs will construed as being submitted on behalf of the person(s) signing them only.

Request for Exclusion from the Settlement. 1. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) ), online at the settlement website or mailed, substantially in the form attached hereto as Exhibit F, to the Claim Administrator SOA at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. To be effective, the Request for Exclusion mustmust be submitted on the settlement website or sent to the specified address and: 1. a. include the Settlement Class Member's ’s full name, current address and telephone number; 2. b. identify the model, model year year, date of acquisition and VIN vehicle identification number of the Settlement Class Vehicle; and 3. c. specifically and unambiguously state his, in writing his or her or its desire to be excluded from the Settlement ClassClass and election to be excluded from any judgment entered pursuant to the settlement. 42. Any Settlement Class Member who obtains relief pursuant to the terms of this Settlement Agreement after the receipt of the Class Notice gives up the right to exclude him or herself from this settlement. 3. Any request or exclusion must be submitted or postmarked on or before the deadline set by the Court, which date shall be approximately thirty (30) 45 days after the date of the mailing of Notice Dateto Settlement Class Members. Any Settlement Class Member Member, who fails to submit a timely and complete Request for Exclusion sent to the proper address, shall be subject to and bound by this Settlement Agreement, the Release and every order or judgment entered relating to this Settlement Agreement. 54. The Claim Administrator SOA will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Defendants’ counsel for determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection objection, or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself, himself or herself or itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible, and may contact the Settlement Class Member for clarification. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Administrator SOA will maintain a database of all Requests for Exclusion, and will send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defendants’ counselCounsel. The Claim Administrator SOA shall report the names and addresses of all such persons and entities requesting exclusion to the Court, Court and Class Counsel and Defendants’ Counsel within eighteen (18) seven days prior to the Final Hearing, and the list of persons and entities deemed by the Court to have excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment. 5. Objections and Requests for exclusions shall be permitted on an individual basis only. Any purported “class-wide” objections or opt-outs will be construed as being submitted on behalf of the person(s) signing them only.

Request for Exclusion from the Settlement. (a) Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit a request for exclusion (“Request for Exclusion”) ), online at the settlement website, or mailed substantially in the form attached hereto as Exhibit F, to the Claim Settlement Administrator at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. To be effective, the Request for Exclusion mustmust be submitted on the settlement website or sent to the specified address and: 1. (i) include the Settlement Class Member's ’s full name, current address and telephone number; 2. (ii) identify the model, model year year, date of acquisition and VIN vehicle identification number of the Settlement Class Vehicle; and 3. (iii) specifically and unambiguously state his, in writing his or her or its desire to be excluded from the Settlement ClassClass and election to be excluded from any judgment entered pursuant to the Settlement. 4. (b) Any Settlement Class Member who obtains relief pursuant to the terms of this Settlement Agreement after the receipt of the Class Notice gives up the right to exclude him or herself from this Settlement. (c) Any request or for exclusion must be submitted or postmarked on or before the deadline set by the Court, which date shall be approximately thirty (30) no less than 60 days after the Notice Date. Any Settlement Class Member who fails to submit a timely and complete Request for Exclusion sent to the proper address, address shall be subject to and bound by this Settlement Agreement, the Release and every order or judgment entered relating to this Settlement Agreement. 5. The Claim (d) Settlement Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Defendants’ counsel for determining whether they meet the requirements of a Request for Exclusion. Any communications from Settlement Class Members (whether styled as an exclusion request, an objection objection, or a comment) as to which it is not readily apparent whether the Settlement Class Member meant to exclude himself, himself or herself or itself from the Settlement Class will be evaluated jointly by counsel for the Parties, who will make a good faith evaluation, if possible, and may contact the Settlement Class Member for clarification. Any uncertainties about whether a Settlement Class Member is requesting exclusion from the Settlement Class will be submitted to the Court for resolution. The Claim Settlement Administrator will maintain a database of all Requests for Exclusion, and will send the original written communications memorializing those Requests for Exclusion to Class Counsel and Defendants’ counselCounsel. The Claim Settlement Administrator shall report the names and addresses of all such persons and entities requesting exclusion to the Court, Court and Class Counsel and Defendants’ Counsel within eighteen (18) seven days prior to the Final Hearing, and the list of persons and entities deemed by the Court to have excluded themselves from the Settlement Class will be attached as an exhibit to the Final Order and Judgment. (e) Objections and Requests for exclusions shall be permitted on an individual basis only. Any purported “class-wide” objections or opt-outs will be construed as being submitted on behalf of the person(s) signing them only.