Common use of Requests for Exclusion Clause in Contracts

Requests for Exclusion. A. Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached to the Long Form Notice, to the Settlement Notice Administrator at the address provided in the Long Form Notice, postmarked on a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Settlement Notice Administrator no later than 20 days before the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VI. B. Any Class Member who does not file a timely written request for exclusion as provided in Section V(A) shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgment and Final Order in the Action, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Action and the Related Action. Toyota’s Counsel shall provide to the Settlement Notice Administrator, within 20 business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.

Requests for Exclusion. A. Any member of the Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached exclusion to the Long Form Notice, to the Class Action Settlement Notice Administrator at the address provided in the Long Form Notice, postmarked on a no later than the date ordered by the Court Court, specifying that he or she wants wishes to be excluded from the Settlement and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. The Class Action Settlement Notice Administrator shall forward copies of any written requests for exclusion to Plaintiffs’ Class Counsel Counsel, ▇▇▇▇▇▇▇’▇ Counsel, and ToyotaFCA US’s Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Class Action Settlement Notice Administrator no later than 20 thirty (30) days before the date of the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VIVII. A member of the Class may opt-out on an individual basis only. So-called “mass” or “class” opt- outs, whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every individual Class Member, shall not be allowed. B. Any member of the Class Member who does not file a timely written request for exclusion as provided in Section V(A) VI.A shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgment Order and Final Order Judgment in the ActionActions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota Cummins or FCA US relating to the claims and transactions released in the Action and the Related Action. Toyota’s Counsel shall provide to the Settlement Notice Administrator, within 20 business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the ReleaseActions.

Requests for Exclusion. A. Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached exclusion to the Long Form Notice, to the Class Action Settlement Notice Administrator at the address provided in the Long Form NoticeNotice and the Settlement Website, postmarked on a date ordered by no later than the Court Opt-Out Deadline specifying that he or she wants they wish to be excluded from the Settlement and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. A request for exclusion must include (i) the full name and current address and telephone number of the Class Member and (ii) a clear written statement of their desire to be excluded from the Class signed by the person submitting the request for exclusion. B. The Class Action Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota▇▇▇▇’s Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Settlement Notice Administrator no later than 20 thirty (30) days before after the Fairness Hearing. Opt-Out Deadline. C. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VIVII of this Agreement. B. D. A member of the Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every individual class member, shall not be allowed. E. Any member of the Class Member who does not file a timely written request for exclusion as provided in this Section V(A) shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgment Order, and Final Order Judgment in the Action, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota iFIT relating to the claims and transactions released in the Action and the Related Action. Toyota▇▇▇▇’s Counsel shall provide to the Class Action Settlement Notice Administrator, within 20 business ten (10) days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota iFIT relating to claims involving the Subject Vehicles Class Devices and/or otherwise covered by the Release. However, for the avoidance of doubt, the Parties hereby state and confirm that they do not intend to release claims raised in the action styled ▇▇▇▇▇▇ et ▇▇ ▇. NordicTrack Inc et al., Case No. 1:23-cv-00058 (D. Utah), which claims are unrelated to the Defect, or claims for personal injury or property damage not relating to the Defect. If, however, ▇▇▇▇▇▇’▇ putative class includes Class Members with claims related to the Defect, those claims—and only those claims—are deemed released on the terms set forth herein.

Requests for Exclusion. A. Any potential Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached exclusion to the Long Form Notice, to the Class Action Settlement Notice Administrator at the address provided in the Long Form Notice, postmarked on a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. The Class Action Settlement Notice Administrator shall forward copies of any written requests for exclusion to Plaintiffs’ Class Counsel and ToyotaSony’s Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Class Action Settlement Notice Administrator no later than 20 days before the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VI. B. Any potential Class Member who does not file a timely written request for exclusion as provided in Section V(A) V shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgment and Final Order in the Action, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota Sony relating to the claims and transactions released in the Action and the Related Action. ToyotaSony’s Counsel shall provide to the Class Action Settlement Notice Administrator, within 20 business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota Sony relating to claims involving the Subject Vehicles Mobile Devices and/or otherwise covered by the Release.

Requests for Exclusion. A. a. Any Settlement Class Member who wishes does not wish to participate in this Settlement must submit a Request for Exclusion to the Claims Administrator by the Objection/Exclusion Deadline, stating an intention to be “excluded” from this Settlement. The Request for Exclusion must contain the Settlement Class Member’s name, current residential address, telephone number, and email address. The Request for Exclusion must be either: (i) personally signed by the Settlement Class Member, dated and mailed to the Claims Administrator and postmarked on or before the Objection/Exclusion Deadline; or (ii) electronically signed by the Settlement Class Member, and submitted to the Claims Administrator through the Settlement Website on or before the Objection/Exclusion Deadline. So-called “mass” or “class” opt-outs shall not be allowed. The date of the postmark on the return mailing envelope and/or the date of online submission through the Settlement Website shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member whose request to be excluded from the Settlement Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached to the Long Form Notice, to the Settlement Notice Administrator at the address provided in the Long Form Notice, postmarked on a date ordered is approved by the Court specifying that he will not be bound by this Settlement Agreement or she wants have any right to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel. A list reflecting all requests for exclusion shall be filed with the Court by object to, appeal or comment upon the Settlement Notice Administrator no later than 20 days before the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VIAgreement. B. b. Any Settlement Class Member who does not file complete and timely submit a timely written request Request for exclusion Exclusion as provided in Section V(A) the preceding paragraph shall be bound by all subsequent proceedings, orders orders, and judgments, including, but not limited to, the Release, Final Judgment and Final Approval Order in the ActionClass Action relating to the Settlement, even if hehe or she has pending, she or it has litigation pending or subsequently initiates litigation litigation, arbitration, or any other proceeding against Toyota Defendants relating to the claims and transactions released in the Action and the Related Action. Toyota’s Counsel shall provide to the Settlement Notice Administrator, within 20 business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the ReleaseReleased Claims.

Requests for Exclusion. A. Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached exclusion to the Long Form Notice, to the Settlement Notice Administrator at the address provided in the Long Form Class Notice, postmarked on a date ordered by no later than ninety-five (95) days after entry of the Preliminary Approval Order, or as the Court otherwise may direct, and specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Orderexcluded. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota’s New Balance's Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Settlement Notice Administrator no later than 20 ten (10) days before the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VI. B. Any potential Class Member who does not file a timely written request for exclusion as provided in the preceding Section V(A) V.A shall be bound by all subsequent proceedings, orders orders, and judgments, including, but not limited to, the Release, Final Judgment and Final Order in the Action, even if he, he or she or it has litigation pending or subsequently initiates litigation against Toyota New Balance relating to the claims and transactions released in the Action and the Related Action. ToyotaNew Balance’s Counsel shall provide to the Settlement Notice Administrator, within 20 ten (10) business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota New Balance that involves the Toning Shoes. The Notice Administrator shall mail copies of the Class Notice to all such legal counsel. New Balance will promptly direct the Notice Administrator to serve the Class Notice on counsel for any Class Members who subsequently initiate litigation, arbitration, or other proceedings against New Balance relating to claims involving alleging events occurring during the Subject Vehicles Class Period, the Toning Shoes, and/or otherwise covered by involving the Release.

Requests for Exclusion. A. Any member of the Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached exclusion to the Long Form Notice, to the Class Action Settlement Notice Administrator at the address provided in the Long Form NoticeClass Notice and the Settlement Website postmarked no later than the Opt-Out Deadline, postmarked on a date ordered by the Court specifying that he or she wants they wish to be excluded from the Settlement and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. . B. The Class Action Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Plaintiffs’ Co-Lead Counsel and Toyota’s ▇▇▇▇’▇ Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Class Action Settlement Notice Administrator no later than 20 fourteen days before the date of the Fairness Hearing. . C. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VIVII. B. D. A member of the Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or multiple class members where no personal statement has been signed by each and every individual class member, shall not be allowed. E. Any member of the Class Member who does not file a timely written request for exclusion as provided in this Section V(A) shall be bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgment Order and Final Order Judgment in the Action, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota Behr or Home Depot relating to the claims and transactions released in the Action and the Related Action. Toyota’s ▇▇▇▇’▇ Counsel shall provide to the Class Action Settlement Notice Administrator, within 20 business ten (10) days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota Behr or Home Depot relating to claims involving the Subject Vehicles DeckOver and/or otherwise covered by the Release.

Requests for Exclusion. A. Any potential Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached to the Long Form Notice, exclusion to the Settlement Notice Administrator at the address provided in the Long Form Notice, postmarked on a date ordered by the Court specifying Response Deadline, which must include his/her name, address, and telephone number, and which must specify that he or she wants wishes to be excluded and otherwise complying comply with the terms stated in the Long Form Notice and Preliminary Approval Order. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota’s NNA Counsel. A list reflecting all requests for exclusion shall be filed with the Court as part of the submissions made by Plaintiffs in anticipation of the Settlement Notice Administrator Final Approval Hearing no later than 20 fourteen (14) days before the Fairness Hearingthat hearing. If a potential Settlement Class Member files a request for exclusion, he or she may not file an objection under Section VI. B. objection. Any potential Settlement Class Member who does not file a timely timely, valid written request for exclusion as provided in Section V(A) shall be bound by all subsequent proceedings, orders orders, and judgments, including, but not limited to, the Release, Final Judgment Released Claims and Final Approval Order in the ActionUnderlying Actions, even if he, she or it the potential Settlement Class Member has litigation pending or subsequently initiates litigation against Toyota NNA relating to the claims and transactions released in the Action and the Related ActionUnderlying Actions. Toyota’s Counsel shall provide If more than 160 Settlement Class Members file requests for exclusion, NNA reserves its right to the elect to terminate this Settlement Notice Administrator, within 20 business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Releaseunder Section 11.2.6.

Requests for Exclusion. A. Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached exclusion to the Long Form Notice, to the Settlement Notice Administrator at the address provided in the Long Form Class Notice, postmarked on a date ordered by no later than twenty (20) days before the Fairness Hearing, or as the Court otherwise may direct, and specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Orderexcluded. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota’s Reebok's Counsel. A list reflecting all requests for exclusion shall be filed with the Court by the Settlement Notice Administrator no later than 20 ten (10) days before the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VI. B. Any potential Class Member who does not file a timely written request for exclusion as provided in the preceding Section V(A) V.A shall be bound by all subsequent proceedings, orders orders, and judgments, including, but not limited to, the Release, Final Judgment and Final Order in the ActionActions, even if he, he or she or it has litigation pending or subsequently initiates litigation against Toyota Reebok relating to the claims and transactions released in the Action and the Related ActionActions. ToyotaReebok’s Counsel shall provide to the Settlement Notice Administrator, within 20 ten (10) business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota Reebok that involves the Eligible Apparel and/or Eligible Shoes. The Notice Administrator shall mail copies of the Class Notice to all such legal counsel. Reebok will promptly direct the Notice Administrator to serve the Class Notice on counsel for any Class Members who subsequently initiate litigation, arbitration, or other proceedings against Reebok relating to claims involving alleging events occurring during the Subject Vehicles Class Period, the Eligible Apparel, the Eligible Shoes, and/or otherwise covered by involving the Release.

Requests for Exclusion. A. Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using Exhibit 10, which shall be available on the settlement website and attached to the Long Form Notice, exclusion to the Settlement Notice Administrator at the address provided in the Long Form Notice, postmarked on a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long Form Notice and Preliminary Approval Order. The written request must include: 1. The case name and number of the Action; 2. The excluding Class Member’s full name, current residential address, mailing address (if different), telephone number, and e-mail address; 3. An explanation of the basis upon which the excluding Class Member claims to be a Class Member, including the make, model year, and VIN(s) of the Subject Vehicle(s); 4. A request that the Class Member wants to be excluded from the Class; and 5. The excluding Class Member’s dated, handwritten signature (an electronic signature or attorney’s signature is not sufficient). B. The Settlement Notice Administrator shall forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel. A list reflecting all timely, valid requests for exclusion shall be filed with the Court by the Settlement Notice Administrator no later than 20 5 days before the Fairness Hearing. If a potential Class Member files a request for exclusion, he or she may not file an objection under Section VI, below. B. C. Any Class Member who does not file a timely timely, valid written request for exclusion as provided in this Section V(A) V shall be bound by all subsequent proceedings, orders orders, and judgments, including, but not limited to, the Release, Final Judgment Judgment, and Final Approval Order in the Action, even if he, she she, or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Action and the Related Action. . D. Toyota’s Counsel shall provide to the Settlement Notice Administrator, within 20 business days of the entry of the Preliminary Approval Order, a list of all counsel for anyone who has then-pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.