The Settlement Class. A. The Parties agree, for purposes of this Settlement Agreement only, to a Federal Rule 23(b)(3), Fed.R.Civ.P., opt-out class, as defined supra. B. If this Settlement Agreement is approved by the Court, all persons within the Class are bound by its terms, except those Class Members who effectively exercise a right to opt out of the Class and the settlement. Class Members who elect to opt out must do so in writing, in the manner and by the date specified in the Notice of Proposed Class Action Settlement and Fairness Hearing (Ex. I).
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement