Common use of Class Member Opt-outs Clause in Contracts

Class Member Opt-outs. (A) Settlement Class Members will have up to and including forty-five (45) days following the Settlement Notice to the Class to exclude themselves from the Settlement. If the Settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. (B) Class Members who wish to be excluded from the Settlement Class must submit a request in writing by a request postmarked, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Notice. (C) In order to exercise the right to be excluded, a member of the Settlement Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Administrator will send a final list of all Opt-out Statements to Class Counsel and Defense Counsel no later than fourteen (14) days after the Objection/Exclusion Deadline. The Administrator will retain all electronic records or stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Administrator is relieved of its duties and responsibilities under this Agreement. (F) Any Class Member who opts out of the settlement shall not: (i) be bound by any order or the Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or

Class Member Opt-outs. (A) Any Class Member who chooses to opt out of the Settlement as set forth in this Agreement must mail via First-Class Members will have up mail, postage prepaid, a written, signed statement to the Settlement Administrator that states his/her name, address, e-mail address(es) and including telephone number(s) and that states, “I opt out of the Levy at the Barclays Center Applicant Settlement” (“Opt out Statement”). (B) The end of the time period to opt out of the Settlement (“Opt out Period”) shall be forty-five (45) days following after the day on which the Settlement Administrator mails a Notice to the a Class to exclude themselves from the Settlement. If the Settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. (B) Class Members who wish to be excluded from the Settlement Class must submit a request in writing by a request postmarked, on or before the Objection/Exclusion Deadline approved by the Court and specified in the NoticeMember. (C) In order to exercise the right to be excluded, a member of the The Settlement Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Administrator will send a final list provide the Parties with copies of all Opt-out Statements as soon as they are received by the Settlement Administrator. At the request of the Parties, and in preparation of the declaration that the Settlement Administrator will submit as part of the Final Approval Motion, the Settlement Administrator will send a list of the names of all individuals who submitted Opt out Statements to Class Counsel and Defense Counsel no later than fourteen (14) days after the Objection/Exclusion DeadlineParties. The final list will be submitted by Plaintiff, with redaction on any personal identifying information, along with the declaration of the Settlement Administrator, along with the Final Approval Motion. The Settlement Administrator will retain all electronic records or the stamped originals of all Opt-Opt out Statements and originals of all envelopes accompanying Opt-Opt out Statements in its files until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. (FD) Any Class Member who does not properly submit an Opt out Statement pursuant to this Agreement will be deemed to have accepted the Settlement and the terms of this Agreement, and will be eligible to participate as a Tier One, Two, or Three Class Member as set forth in this Agreement. Any Class Member who fails to submit a claim for relief in accordance with Section 4.1(D) of this Agreement or who opts out of the settlement shall not: (i) be bound by any order or the Judgment; (ii) under this Section will not be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; orClass Member Relief.

Class Member Opt-outs. (A) Settlement Any Class Members will have up Member who chooses to and including forty-five (45) days following opt out of the Settlement Notice as set forth in this Agreement must mail via First Class United States Mail, postage prepaid, a written, signed statement to the Class to exclude themselves from Settlement Administrator that states he or she is opting out of the Settlement. If the Settlement is finally approved by the Court, all Settlement Class Members who have not opted and include his or her name, address, email address(es), and telephone number(s) and state, “I opt out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement ClassCensus 2010 Decennial Applicant Settlement” (“Opt out Statement”). (B) The end of the time period to opt out of the Settlement (“Opt out Period”) shall be ninety (90) days after the day on which the Settlement Administrator transmits a Notice to a Class Member. Class Members who wish whose first mailing was returned to be excluded from the Settlement Administrator as undeliverable will be allowed until the earlier of (a) ninety (90) days after the re-mailing or (b) one hundred and twenty (120) days after the Settlement Administrator’s initial mailing to all Class must submit a request in writing by a request postmarkedMembers to opt out. The Settlement Administrator will not attempt more than two (2) mailings of the Notice to any Class Member, on or before and no mailing shall occur more than ninety (90) days after the Objection/Exclusion Deadline approved by first mailing to the Court and specified in the NoticeClass Member. (C) In order The Settlement Administrator will, within ten (10) days after the last day on which it delivers the last Notice to exercise the right to be excludedany Class Member, a member notify Class Counsel and Defendant’s Counsel by email of the Settlement Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member precise date of the Settlement Class and shall be bound as Settlement Class Members by end of the Agreement, if approvedOpt out Period. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Settlement Administrator will stamp the postmark date on the original of each Opt out Statement that it receives and shall send copies of each Opt out Statement to Class Counsel and Defendant’s Counsel not later than three (3) days after receipt thereof. The Settlement Administrator will also, within three (3) days of the end of the Opt out Period, file with the Clerk of Court, stamped copies of any Opt out Statements. The Settlement Administrator will, within 24 hours of the end of the Opt out Period, send a final list of all Opt-Opt out Statements to Class Counsel and Defense Defendant’s Counsel no later than fourteen (14) days after the Objection/Exclusion Deadlineby both email and overnight delivery. The Settlement Administrator will retain all electronic records or the stamped originals of all Opt-Opt out Statements and originals of all envelopes accompanying Opt-Opt out Statements in its files until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. (FE) Any Class Member who does not properly submit an Opt out Statement pursuant to this Agreement will be deemed to have accepted the Settlement and the terms of this Agreement, and will be eligible to participate as a Group A Filer or Group B Filer by filing a Claim Form, as set forth in this Agreement. Any Class Member who fails to submit a claim for relief in accordance with Section 2.4 of this Agreement or who opts out of the settlement shall not: (i) be bound by any order or the Judgment; (ii) under this Section will not be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; orClass Member Relief.

Class Member Opt-outs. (Aa) Any Class Member may request exclusion by “opting out.” To do so, a Class Member must submit a written and signed request for exclusion to the Settlement Administrator, in the form of the Opt-Out Statement attached as Exhibit D. (b) To be effective, a Class Members Member’s Opt-Out Statement must be sent to the Settlement Administrator via First Class United States mail, postage prepaid and postmarked no later than a date to be specified on the Notice of Proposed Class Action Lawsuit and Fairness Hearing. This date will have up to and including be forty-five (45) calendar days following after the Initial Mailing Deadline, and the period of time between the Initial Mailing Deadline and this date shall be referred to as the “Opt-Out Period.” Class Members may consult Class Counsel regarding the opt-out option. However, the opt-out must be signed by the putative Class Member who seeks to opt-out or their authorized representative. No opt-out request may be made on behalf of a group of members of the putative class. The Opt-Out Statement must be sent by mail to the Settlement Notice to Administrator (at the Class to exclude themselves address set forth in the preceding paragraph) and must be postmarked within sixty (60) days of the mailing of the Notice. Any putative class member who requests exclusion (opts-out) from the Settlement. If the Settlement is finally approved by the Court, all will not be entitled to any Settlement Class Members who have Award and will not opted out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined hereinAgreement or have any right to object, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Classappeal, or comment thereon. (Bc) The Settlement Administrator shall stamp the postmark date on the original of each Opt-Out Statement it receives. The Settlement Administrator shall serve copies of each Opt-Out Statement on Defendants’ Counsel and Class Members who wish to be excluded from Counsel not later than three (3) days after receipt thereof. Additionally, within five (5) calendar days after the end of the Opt-Out Period, the Settlement Administrator shall send to Class must submit a request in writing by a request postmarked, on or before the Objection/Exclusion Deadline approved by the Court Counsel and specified in the Notice. (C) In order to exercise the right to be excluded, a member of the Settlement Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Administrator will send Defendants’ Counsel a final list of all persons who timely submitted Opt-Out Statements and stamped copies of any Opt-Out Statements received with social security numbers redacted. Class Counsel shall also, in connection with their Motion for Final Approval, file on ECF copies of any Opt-out Statements Statements, with any address and social security number information redacted from them. Defendants’ Counsel shall be given advance notice and the opportunity to Class Counsel review and Defense Counsel no later than fourteen (14) days after the Objection/Exclusion Deadlinecomment on such filing. The Settlement Administrator will shall retain copies of all electronic records or stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Out Statements in its files until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. (Fd) Defendants shall have the option, in the exercise of their sole discretion, to nullify the Settlement and this Agreement by giving notice, in writing, to Class Counsel and the Court at any time prior to the Fairness Hearing, if 10% or more of Class Members submit an Opt-Out Statement pursuant to this Agreement. In the event of such nullification: (i) the Litigation will proceed as if no settlement had been attempted and no party may use the fact that the Parties agreed to settle this case as evidence of Defendants’ liability in this lawsuit or the lack thereof and (ii) Defendants retain the right to contest whether the Litigation should proceed as a class or collective action and to contest the merits of the claims being asserted in the Litigation. (e) Any Class Member who opts does not timely opt out of the settlement shall not: (i) will be bound by any order or the Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; orrelease set forth in Section 4(B).

Class Member Opt-outs. (A) Settlement Class Members will have up to and including forty-five (45) days following the Settlement Notice to the Class to exclude themselves from the Settlement. If the Settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. (B) Class Members who wish choose to be excluded from opt out of the settlement as set forth in this Agreement must mail via First Class United States Mail, a written, signed statement (“Opt-Out Statement”) to the Settlement Class must submit a request in writing by a request postmarked, on Claims Administrator that states he or before the Objection/Exclusion Deadline approved by the Court and specified in the Notice. (C) In order to exercise the right to be excluded, a member she is opting out of the Settlement Class must timely send a written request for exclusion providing his/settlement, and include his or her name, address, and telephone number; the name , and number of this case, a statement indicating his or her intention to opt out such as: “I opt out of the Xxxxxxxx wage and hour settlement.” To be effective, an Opt-Out Statement must be mailed by the Bar Date. In the event that he/she wishes the Settlement Claims Administrator receives an Opt-Out Statement after the Bar Date that does not contain a post-mark, the mailing date shall be presumed to be excluded from the day before the Settlement Class; and Claims Administrator received the Opt-Out Statement, unless a signature. A request to be excluded Class Member provides proof that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such establishes a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approveddifferent mailing date. (DB) The request for exclusion must end of the time period to opt-out of the settlement (“Opt-Out Period”) shall be personally signed by the person requesting exclusionBar Date. So- requests shall not The Bar Date will be allowedthe date that is sixty (60) days from the mailing of Notice to the Class Members. (EC) The Settlement Claims Administrator will stamp the received date on the original of each Opt-Out Statement that it receives and shall serve copies of each Opt-Out Statement on Class Counsel and Defendant’s Counsel not later than three (3) days after receipt thereof. The Settlement Claims Administrator will, within 24 hours of the end of the Opt-Out Period, send a final list of all Opt-out Out Statements to Class Counsel and Defense Defendant’s Counsel no later than fourteen by e-mail, and will provide an update to any such list within one (141) days day should the Settlement Claims Administrator receive an Opt- Out Statement after the Objection/Exclusion DeadlineOpt-Out Period. The Settlement Claims Administrator will retain all electronic records or the stamped originals of all Opt-out Out Statements and originals of all envelopes accompanying Opt-out Out Statements in its files until such time as the Administrator is relieved of its duties and responsibilities under this Agreementfiles. (FD) Any NYLL Class Member who opts out timely returns a Claim Form and who does not submit an Opt-Out Statement pursuant to this Agreement will be deemed to have accepted the Settlement and the terms of the settlement shall not: (i) this Agreement, will be bound by the Judgment in this case, and have any order Released Class Claims released and dismissed with prejudice. An FLSA Class Member must submit a Claim Form and endorse his or her Settlement Check to be deemed to have accepted the Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue settlement and the terms of this Settlement Agreement; orAgreement and be bound by the Judgment in this case and have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form post-marked by the Bar Date will be deemed Authorized Claimants. Defendant will only fund amounts allocated to each Authorized Claimant who returns a timely Claim Form and otherwise does not submit an Opt-Out Statement, except for the amounts otherwise provided for in Section 3 herein.

Class Member Opt-outs. (A) Settlement Class Members will have up to and including forty-five (45) days following the Settlement Notice to the Class who choose to exclude themselves from the Settlement. If settlement as set forth in this Agreement must mail via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states that he is finally approved by the Court, all Settlement Class Members who have not opted opting out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined hereinsettlement, and that includes his name, address, and telephone number. The statement must state: “I opt out of the relief provided by K2GC wage and hour settlement” (“Opt-out Statement”). To be effective, an Opt-out Statement must be postmarked within sixty (60) days from the Settlement will be their sole mailing of the Notice to the Class Member and exclusive remedy for no later than ninety (90) days from the claims alleged by the Settlement ClassPreliminary Approval Order. (B) Class Members who wish whose first mailing was returned to the Settlement Claims Administrator as undeliverable will be excluded allowed to opt out or object up to sixty (60) days from the date of the second mailing but no later than ninety (90) days from the Preliminary Approval Order. The Settlement Claims Administrator shall not attempt more than two (2) mailings of the Notice to any Class must submit a request in writing by a request postmarkedMember, on or before and no mailing shall occur more than thirty (30) days after the Objection/Exclusion Deadline approved by the Court and specified in the Noticefirst mailing to Class Members. (C) In order to exercise the right to be excluded, a member The Settlement Claims Administrator shall keep accurate records of the Settlement dates on which it sends Notices to Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approvedMembers. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Settlement Claims Administrator will stamp the postmark date on the original of each Opt-out Statement that it receives and shall serve copies of each Opt-out Statement on Class Counsel and Defendants’ Counsel not later than three (3) days after receipt thereof. The Settlement Claims Administrator will, within one (1) day of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defense Defendants’ Counsel no later than fourteen by both email and overnight delivery. The Settlement Claims Administrator will also, within three (143) days after of the Objection/Exclusion Deadlineend of the Opt-out Period, provide to Class Counsel, who will file with the Clerk of Court, stamped copies of any Opt-out Statements. The Settlement Claims Administrator will retain all electronic records or the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (FE) Any Class Member who opts does not properly submit an Opt-out Statement pursuant to this Agreement, will be deemed to have accepted the settlement and the terms of this Agreement and will be issued a Settlement Check, which will contain a release of the settlement shall not: (i) be bound by any order or the Judgment; (ii) be entitled to relief under Class Member’s claims as set forth in this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or.

Class Member Opt-outs. (A) Settlement Rule 23 Class Members will have up who choose to opt-out of the settlement as set forth in this Agreement must mail via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement, and including fortyinclude his or her name, job title, address, and telephone numbers and states, “I opt out of the Capital One wage and hour settlement” (“Opt-five out Statement”). To be effective, an Opt-out Statement must be postmarked within thirty (4530) days following from the Settlement mailing of the Notice to the Class to exclude themselves Member and no later than sixty (60) days from the SettlementPreliminary Approval Order (“Opt-Out Period”). If For any deadline under this Agreement that is based on a postmark, in the event that there is no postmark date of the document being mailed by the Class Member, it shall be presumed that the document was mailed five (5) days prior the Settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the end Claims Administrator’s receipt of the Objection/Exclusion Deadline will be bound by document, excluding any Sunday or other day for which no postal service was provided. It is the Settlement responsibility of the individual seeking to opt-out to retain a copy of the Opt- out Statement and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Classproof of timely mailing hereunder. (B) Rule 23 Class Members who wish whose first mailing was returned to the Settlement Claims Administrator as undeliverable will be excluded allowed to opt-out or object up to thirty (30) days from the date of the second mailing but no later than sixty (60) days from the Preliminary Approval Order. The Settlement Claims Administrator shall not attempt more than two (2) mailings of the Notice to any Class must submit a request in writing by a request postmarkedMember, on or before and no mailing shall occur more than thirty (30) days after the Objection/Exclusion Deadline approved by the Court and specified in the Noticefirst mailing to Class Members. (C) In order to exercise the right to be excluded, a member The Settlement Claims Administrator shall keep accurate records of the Settlement dates on which it sends Notices to Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approvedMembers. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Settlement Claims Administrator will stamp the postmark date on the original of each Opt-out Statement that it receives and shall serve copies of each Opt-out Statement on Class Counsel and Defendant’s Counsel not later than three (3) days after receipt thereof. Class Counsel will promptly file with the Clerk of Court stamped copies of any Opt-out Statements. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defense Defendant’s Counsel no later than fourteen (14) days after the Objection/Exclusion Deadlineby both email and overnight delivery. The Settlement Claims Administrator will retain all electronic records or the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (FE) Any Rule 23 Class Member who opts does not properly submit an Opt-out Statement pursuant to this Agreement, will be deemed to have accepted the Settlement and the terms of this Agreement and will be issued a Settlement Check, which will contain a release of the Released State Law Claims and the Released FLSA Claims, and a consent-to-join the Litigation, as set forth in this Agreement. Any Rule 23 Class Member who does not properly submit an Opt-out Statement shall be bound by this Settlement and deemed to have released the Released State Law Claims regardless of whether he or xxx xxxxxxxxxx the Settlement Check. Any Rule 23 Class Member who negotiates a Settlement Check shall be bound by the Settlement and deemed to have released the Released State Law Claims and the Released FLSA Claims regardless of whether such individual also submitted an Opt-out Statement. (F) Named Plaintiffs and those receiving a Service Award shall not opt-out of the settlement shall not: (i) be bound by any order or the Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue Settlement, and their execution of this Settlement Agreement; orStipulation shall signal their agreement to all of the terms of the Settlement.

Class Member Opt-outs. (A) Settlement Class Members will have up to and including forty-five (45) days following the Settlement Notice to the Class to exclude themselves from the Settlement. If the Settlement is finally approved by the Court, all Settlement Class Members who have not opted choose to opt-out by the end of the Objection/Exclusion Deadline will settlement as set forth in this Agreement must mail via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement, and include his or her name, job title, address, and telephone numbers and states, “I opt out of the Stardust wage and hour settlement” (“Opt-out Statement”). To be effective, an Opt-out Statement must be postmarked within sixty (60) days after the Settlement Claims Administrator mails the Notice. Any Class Member who submits a timely and valid Opt-out Statement shall not (i) be bound by any orders or judgments entered in this Class Action Litigation; (ii) be entitled to benefits or relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be entitled to object to the Settlement and will be deemed a Releasor as defined herein, and or appeal from or challenge any order of the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement ClassCourt. (B) The end of the time period to mail an Opt-out Statement (“Opt-out Period”) shall be sixty (60) days after the day on which the Settlement Claims Administrator mails a Notice to a Class Member. Class Members who wish whose first mailing was returned to the Settlement Claims Administrator as undeliverable, will be excluded allowed a second twenty-one (21) day period to opt-out from the date of the second mailing, or the original sixty (60) day deadline, whichever date is later. The Settlement Claims Administrator will not attempt more than two (2) mailings of the Notice to any Class must submit a request in writing by a request postmarkedMember, on or before and no mailing shall occur more than sixty (60) days after the Objection/Exclusion Deadline approved by first mailing to the Court and specified in the NoticeClass Member. (C) In order The Settlement Claims Administrator will, within ten (10) days after the last day on which it mails the last Notice to exercise the right to be excludedany Class Member, a member notify Class Counsel and Defendants’ Counsel in writing by email and by overnight delivery of the Settlement Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member precise date of the Settlement Class and shall be bound as Settlement Class Members by end of the Agreement, if approvedOpt-out Period. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Settlement Claims Administrator will stamp the postmark date (or date of receipt if there is no visible postmark) on the original of each Opt-out Statement that it receives and shall serve copies of each stamped Opt-out Statement on Class Counsel and Defendants’ Counsel not later than three (3) days after receipt thereof. The Settlement Claims Administrator will also, within three (3) days of the end of the Opt-out Period, file with the Clerk of Court, copies of any stamped Opt-out Statements. The Settlement Claims Administrator will, within 24 hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defense Defendants’ Counsel no later than fourteen (14) days after the Objection/Exclusion Deadlineby both email and overnight delivery. The Settlement Claims Administrator will retain all electronic records or the stamped originals of all Opt-Opt- out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (FE) Any Class Member who opts does not properly submit an Opt-out of Statement pursuant to this Agreement, will be deemed to have accepted the settlement shall not: (i) be bound by any order or and the Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue terms of this Agreement, and will be issued a Settlement Check, which will contain a release of both FLSA and New York Labor Law state law claims, and a consent- to-join the Litigation, as set forth in this Agreement; or.

Class Member Opt-outs. (A) Any Class Member may request exclusion by “opting out.” To do so, a Class Member must submit a written and signed request for exclusion to the Settlement Administrator, in the form of the Opt-Out Statement attached as Exhibit C. (B) To be effective, a Class Members Member’s Opt-Out Statement must be sent to the Settlement Administrator via First-Class United States mail, postage prepaid and postmarked no later than a date to be specified on the Notice of Proposed Class Action Lawsuit and Fairness Hearing. This date will have up be 45 calendar days after the Initial Mailing Deadline, and the period of time between the Initial Mailing Deadline and this date shall be referred to as the “Opt-Out Period.” (C) The Settlement Administrator shall stamp the postmark date on the original of each Opt-Out Statement it receives. The Settlement Administrator shall serve copies of each Opt-out Statement on Defendant’s Counsel and including forty-five Class Counsel not later than three (453) days following the Settlement Notice to the Class to exclude themselves from the Settlementafter receipt thereof. If the Settlement is finally approved by the CourtAdditionally, all Settlement Class Members who have not opted out by within 5 calendar days after the end of the Objection/Exclusion Deadline will be bound by Opt-Out Period, the Settlement Administrator shall send to Class Counsel and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. (B) Class Members who wish to be excluded from the Settlement Class must submit a request in writing by a request postmarked, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Notice. (C) In order to exercise the right to be excluded, a member of the Settlement Class must timely send a written request for exclusion providing his/her name, address, and telephone number; the name and number of this case, a statement that he/she wishes to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered member of the Settlement Class and shall be bound as Settlement Class Members by the Agreement, if approved. (D) The request for exclusion must be personally signed by the person requesting exclusion. So- requests shall not be allowed. (E) The Administrator will send Defendant’s counsel a final list of all persons who timely submitted Opt-Out Statements and stamped copies of any Opt-Out Statements received with Social Security Numbers redacted. Class Counsel shall also, in connection with their Motion for Final Approval, file on ECF copies of any Opt-out Statements Statements, with any address and social security number information redacted from them. Defendant’s Counsel shall be given advance notice and the opportunity to Class Counsel review and Defense Counsel no later than fourteen (14) days after the Objection/Exclusion Deadlinecomment on such filing. The Settlement Administrator will shall retain copies of all electronic records or stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Out Statements in its files until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. (FD) Defendant shall have the option, in the exercise of their sole discretion, to nullify the settlement and this Agreement by giving notice, in writing, to Class Counsel and the Court at any time prior to the Fairness Hearing, if 10% or more of Class Members submit an Opt-out Statement pursuant to this Agreement. In the event of such nullification: (i) the Litigation will proceed as if no settlement had been attempted and no party may use the fact that the Parties agreed to settle this case as evidence of Defendant’s liability in this lawsuit or the lack thereof and (ii) Defendant retains the right to contest whether the Litigation should proceed as a class or collective action and to contest the merits of the claims being asserted in the Litigation. (E) Any Class Member who opts does not timely opt out of the settlement shall not: (i) will be bound by any order or the Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; orrelease set forth in Section 4.1.

Class Member Opt-outs. (A) Settlement Class Members will have up to and including forty-five (45) days following the Settlement Notice to the Class to exclude themselves from the Settlement. If the Settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the end of the Objection/Exclusion Deadline will be bound by the Settlement and will be deemed a Releasor as defined herein, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. (B) Class Members who wish choose to be excluded from opt-out of the Settlement settlement as set forth in this Agreement must mail, via First Class must submit a request in writing by a request postmarked, on or before the Objection/Exclusion Deadline approved by the Court and specified in the Notice. (C) In order to exercise the right to be excludedUnited States Mail, a member written, signed statement to the Claims Administrator that states they are opting out of the Settlement Class must timely send a written request for exclusion providing his/her settlement, and include their name, address, and telephone number; the name , and number of this case, a statement that he/she wishes indicating their intention to be excluded from the Settlement Class; and a signature. A request to be excluded that is sent to an address other than that designated in the Class Notice, or that is not postmarked within the time specified shall be invalid and the person serving opt-out such a request shall be considered member as: “I opt-out of the Settlement Class FDM Group wage and shall be bound as Settlement Class Members by the Agreement, if approvedhour settlement” (“Opt-out Statement”). (DB) The request for exclusion To be effective, an Opt-out Statement must be personally signed post-marked by a date certain, to be specified on the Notice, which will be 45 days after the date on which the Claims Administrator mails the Notice. The 45-day period will begin to run from the first mailing, except for those Class Members whose first mailing was returned as undeliverable, in which case the 45-day period for any such Class Member will run from the date of the second mailing to such Class Member, unless another period is set by the person requesting exclusionCourt (the “Opt-out Period”). So- requests Class Members may not opt-out of the settlement after the end of the Opt-out Period. The Claims Administrator shall stamp the date received on the original of each Opt-out Statement that it receives and shall serve a stamped copy of each Statement on Class Counsel and Defendant’s Counsel not be allowed. later than three (E3) days after receipt thereof. The Claims Administrator shall retain in its files the stamped originals of all Opt-out Statements and the original envelopes containing Opt-out Statements. The Claims Administrator will send a final list of all Opt-out Statements to Defendant’s Counsel and Class Counsel and Defense Counsel no later than fourteen within three (143) days after of the Objection/Exclusion Deadlinelast Class Members’ Opt-out Period. The Administrator With their Motion for Final Approval, Class Counsel will retain all electronic records or stamped originals file with the Clerk of the Court copies of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Administrator is relieved of its duties and responsibilities under this AgreementStatements. (FC) Any Class Member who opts out of the settlement shall not: will not be considered a Participating Class Member and will not receive any Settlement Distribution Check. The Pro Rata Share attributable to any Class Member who timely submits an Opt-out-Statement will revert back to Defendant. (iD) Any Class Member who does not properly submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, including the release provisions as approved or modified by the Court, will be bound by the judgment in this Litigation, and will have any order state wage and hour claims that were or the Judgment; (ii) be entitled to relief under could have been asserted in this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; orLitigation released with prejudice, as described in Section 5.1.