Effect of Opting Out. Any Class Member who opts out of this Agreement 28 may not submit an Objection and shall not receive any Individual Settlement Payment, and shall not be 1 bound by the releases that this Agreement entails. If a Class Member submits both a Request for 2 Exclusion and an Objection, then the Request for Exclusion will be valid and will invalidate the 3 Objection. Each Class Member who does not submit a timely, valid Request for Exclusion shall be bound 4 by the releases that this Agreement entails.
Effect of Opting Out. 9.3.1. If the Settlement is finally approved by the Court, all Settlement Class Members who have not timely and validly excluded themselves will be bound by the Settlement and will be deemed to be a Releasing Settlement Class Member as defined herein, and the relief made available under the Settlement will be their sole and exclusive remedy.
9.3.2. Any member of the Settlement Class who timely and validly elects to be excluded shall not: (i) be bound by any order or final Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be entitled to object to any aspect of this Settlement Agreement. Because a person who opts out is no longer a member of the Settlement Class, they cannot also cannot object to the Settlement.
Effect of Opting Out. Any Settlement Class Member who opts out of the Settlement may not submit an Objection and shall not receive any payment in connection with this Settlement, and shall not be bound by the releases included within this Agreement. If a Settlement Class Member submits both a Request for Exclusion and an Objection, then the Request for Exclusion will be valid and will invalidate the Objection. Each Settlement Class Member who does not submit a timely, valid Request for Exclusion shall be bound by the Releases in Section 8 below.
Effect of Opting Out. Any member of the Settlement Class who timely and properly requests exclusion in compliance with Paragraph 64 will thereafter be excluded from the Settlement Class, not become a Settlement Class Member, will not have any rights under this Settlement, will not be entitled to receive a Settlement Share, and will not be bound by this Settlement Agreement or the Final Approval Order. No person may request to be excluded from the Settlement Class through “mass” or “class” opt-outs.
Effect of Opting Out. Any person or entity who falls within the definition of the Class and who validly and timely requests to opt out of the settlement shall not be a Class Member; shall not be bound by the Agreement; shall not be eligible to receive any benefit under the terms of the Agreement, including a Class Payment; and shall not be entitled to submit a Written Objection to the settlement or object in person at the Final Approval Hearing. In the event that a Class Member timely submits both a Written Objection and an opt- out request, the opt-out request shall prevail and the Written Objection shall be null and void.
Effect of Opting Out. Opt-Outs shall receive no settlement benefits under this Settlement Agreement, shall not be considered a Settlement Class Member, and shall not be bound by any release set forth in Section XIV below. The claims of Opt-Outs will be dismissed without prejudice and their statute of limitations will continue to be tolled for thirty (30) days after the date of the Final Approval of the settlement. Because no part of the Gross Settlement Amount shall revert or be retained by Defendant, the Parties agree to reallocate on a pro rata basis to the remaining Settlement Class Members the monies initially allocated to the Opt-Outs.
Effect of Opting Out. Any Damages Class Member who opts out of the Settlement may not submit an Objection and shall not receive any payment in connection with this Settlement, and shall not be bound by the releases included within this Agreement. If a Damages Class Member submits both a Request for Exclusion and an Objection, then the Request for Exclusion will be valid and will invalidate the Objection. Each Damages Class Member who does not submit a timely, valid Request for Exclusion shall be bound by the Releases in Section 9 below.
