Common use of Class Member Opt-Out Clause in Contracts

Class Member Opt-Out. a. Class Members may elect to “opt out” of the Settlement Class and thus exclude themselves from the Litigation, the Agreement, and the Settlement Class. Class Members who choose to do so must fully complete, properly execute, and timely mail to Defendants the form entitled “Election to Opt Out of Settlement and Class Action” attached to the Class Notice, per the instructions contained therein. Class Members who timely submit fully completed and properly executed Opt-Out Forms shall have no further role in the Litigation, and for all purposes they shall be regarded as if they never were either a party to the Litigation or a Class Member, and thus they shall not be entitled to any benefit as a result of the Litigation or this Agreement, nor will they have released any claims they may have against Defendants. b. Defendants shall stamp the postmark date on the original of each Opt-Out Form that they receive and shall serve copies of each Opt-Out Form received in a given week on Settlement Class Counsel not later than the Friday (or last business day) of that week, by email. Defendants also shall, within 3 business days of the end of the Notice Deadline, file with the Clerk of Court stamped copies of any Opt-Out Forms. Defendants shall, within 1 business day of the end of the Notice Deadline, send a final list of all Opt-Out Forms to Settlement Class Counsel by email. Defendants shall retain the stamped originals of all Opt-Out Forms and originals of all envelopes accompanying Opt-Out Forms in its files, and send duplicate copies of all such forms and envelopes to Settlement Class Counsel for their files.

Class Member Opt-Out. a. (A) Any Class Members Member may elect to “opt out” of the Settlement Class and thus exclude themselves request exclusion from the Litigation, the Agreement, and the Settlement Class. NYLL Class Members who choose to do so must fully complete, properly execute, and timely mail to Defendants the form entitled by “Election to Opt Out of Settlement and Class Actionopting out.” attached to As stated in the Class Notice, per any Class Member who chooses to "opt out" must mail a written, signed statement to the instructions contained therein. Class Members who timely submit fully completed and properly executed Claims Administrator that he or she is opting out of this Agreement (“Opt-Out Forms shall have no further role in Statement”). To be effective, such Opt-Out Statements must be sent and received by the LitigationClaims Administrator within 60 calendar days after the date the Claims Administrator mails the Notice (“Opt-Out Period”). The 60 day period will begin to run from the date of the first mailing, and except for all purposes they shall be regarded as if they never were either a party those Class Members whose first mailings are returned to the Litigation or a Claims Administrator as undeliverable, in which case the 60-day Opt-Out Period for any such Class Member will begin to run from the date of any second mailing. The Claims Administrator shall not attempt more than two mailings of the Class Notice to any Class Member. The Claims Administrator shall, within five (5) calendar days after any mailing to one or more Class Members, provide to Class Counsel and thus they shall not be entitled to any benefit as Defendants’ Counsel by email: (1) a result list of the Litigation or this AgreementClass Members being sent the Class Notice; and (2) the precise date of the end of the Opt-Out Period for these Class Members. If the Claims Administrator receives notice of a mailing as undeliverable, nor will they have released any claims they may have against Defendants.it has five (5) business days to attempt to locate an alternate address and issue a second mailing.‌‌‌‌‌‌ b. Defendants (B) The Claims Administrator shall stamp the postmark date on the original of each Opt-Out Form Statement that they receive it receives and shall serve copies of each Opt-Opt- Out Form received in a given week Statement on Settlement Class Counsel and Defendants’ Counsel not later than the Friday (or last business day) of that week, by email3 calendar days after receipt thereof. Defendants also The Claims Administrator shall, within 3 business days 24 hours of the end of the Notice Deadline, file with the Clerk of Court stamped copies of any each Opt-Out Forms. Defendants shall, within 1 business day of the end of the Notice DeadlinePeriod, send a final an updated list of all Opt-Opt- Out Forms Statements to Settlement Class Counsel and Defendants’ Counsel by email. Defendants The Claims Administrator shall retain the stamped originals of all Opt-Out Forms Statements and originals of all envelopes accompanying Opt-Out Forms Statements in its filesfiles until such time as the Claims Administrator is relieved of its duties and responsibilities under this Agreement. (C) A Class Member who does not opt out pursuant to this Section 2.4, and send duplicate copies of all such forms who timely submits a complete and envelopes valid Claim Form pursuant to Settlement Class Counsel Section 3.4, will be deemed an Authorized Claimant and therefore eligible for their filesa payment hereunder, subject to the release set forth in Section 4.1. Payments will be made by check issued by the Claims Administrator.