Common use of Election Not to Participate in Settlement Clause in Contracts

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty (60) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice will also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty forty-five (6045) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement or a response in another verifiable format advising the Settlement Administrator that the Class Member elects not to participate in the Settlement. If Any Class Member who is re-mailed a Class Notice Packet is re-mailed, by the response date for opt-outs will be extended Settlement Administrator shall receive an additional 15 days. To be valid, an fifteen (15) calendar days to submit a signed Election Not to Participate in Settlement must be timely and must comply with the instructions or a response in the Class Notice. An Election Not to Participate may also be faxed or emailed to another verifiable format advising the Settlement Administrator as indicated that the Class Member elects not to participate in the Class Notice Settlement. If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s 's identity. A Non-Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee PAGA Members will still be paid their allocation of receive payment from the Net PAGA Payment Amount and will remain be bound by the and release of the all Released PAGA Claims regardless Claims, irrespective of their request for exclusionwhether they are a Non-Participating Class Member. Defendant will remain free to contest any claim or action brought by any the Non-Participating Class Member that would have been barred by this AgreementMember, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claimclaim or action. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections object to the Settlement, except with the Court's permission. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members as set forth in this Agreement. Plaintiffs waive their right The Settlement Administrator shall retain the originals of all Elections Not to request exclusion from Participate in Settlement and objections in its files until such time as the Settlement Administrator is relieved of its duties and may not do soresponsibilities under this Agreement.

Election Not to Participate in Settlement. The Class Notice will also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty (60) calendar 45 days after the Settlement Administrator mails the Class Notice Packets, or 45 days after the Settlement Administrator re- mails the Class Notice Packets to Class Members whose first mailing came back because of an incorrect address, a signed Election Not to Participate in Settlement. If Settlement or a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to another verifiable format advising the Settlement Administrator as indicated that the Class Members elects not to participate in the Class Notice Settlement. If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee PAGA Members will still be paid their allocation of receive payment from the Net PAGA Payment Amount and will remain be bound by the and release of the all Released PAGA Claims regardless Claims, irrespective of their request for exclusionwhether they are a Non-Participating Class Member. Defendant Defendants will remain free to contest any claim or action brought by any the Non-Participating Class Member that would have been barred by this AgreementMember, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claimclaim or action. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections object to the Settlement, except with the Court’s permission. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members as set forth in this Agreement. Plaintiffs waive their right The Settlement Administrator shall retain the originals of all Elections Not to request exclusion from Participate in Settlement and objections in its files until such time as the Settlement Administrator is relieved of its duties and may not do soresponsibilities under this Agreement.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty (60) calendar 45 days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Non- Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any the Non-Participating Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must postmark and mail to the Settlement Administrator postmarked not no later than sixty (60) calendar 60 days, or 15 days after re-mailing, whichever is later, after the Settlement Administrator mails initial mailing of the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. . (i) To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. . (ii) A Non-Participating Class Member will not participate in or be bound by the Settlement Released Class Claims and the Judgment, except that an Aggrieved Employee will still be paid their allocation of Judgment with respect to the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusionClass Claims. Defendant will remain free to contest any claim brought by any the Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. However, even if a Class Member elects not to participate in the Settlement, the Class Member will still receive a share of the PAGA Payment. The Settlement Administrator will determine the Class Member’s share of the PAGA Payment by comparing the number of pay periods the Class Member worked during the PAGA Period to the total number of pay periods during the PAGA Period. The Class Member will release only the PAGA claims. (iii) A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member Member, will receive a Settlement Share payment, and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. . (iv) Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. . (v) All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement ShareShare payment, without the need to file a claim form, and will be bound by all of the terms of the SettlementSettlement will bind them, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty (60) 45 calendar days after the Settlement Administrator first mails the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An The Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in must: (1) state the Class Notice Member’s name, Social Security Number, address and telephone number, (2) unequivocally state that the Class Member requests exclusion from, or “opts out” of, the Settlement, (3) be dated, and (4) be signed by the Class Member. Elections Not to Participate must be made individually and cannot be made on behalf of a group of employees or on behalf of other Class Members. If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Non- Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any the Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. If a Class Member submits a deficient Election Not to Participate, the Settlement Administrator shall notify the Class Member of the deficiency within three (3) business days of receipt. The Class Member shall have until the end of the 45 day period following the initial mailing, plus three (3) business days to cure said deficiencies, at which point his or her Election Not to Participate will be rejected if not received. Class Members submitting untimely or deficient Elections Not to Participate shall be bound by the Settlement and its releases. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked must, not later than sixty forty-five (6045) calendar days after the Settlement Administrator mails the Class Notice Packets, either (i) submit a signed Election Not to Participate in SettlementSettlement online through the Settlement Website or (ii) mail a signed Election Not to Participate in Settlement to the Settlement Administrator. Any online submission of the Election Not to Participate in Settlement must be confirmed with a confirmation number before the deadline. Any Election Not to Participate in Settlement that is submitted via mail, must be postmarked by the deadline. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended (for the recipient of the re-mailing) an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Non- Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail provide a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be deemed to have forever waived their right to opt out of the Class and will be irrevocably bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by and the Participating Class Members Released PAGA Claims set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty forty-five (6045) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty (60) calendar 45 days after the Settlement Administrator first mails the Class Notice Packets, or 45 days after the Settlement Administrator re-mails the Class Notice Packets to Class Members whose first mailing came back undeliverable, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identityty. A Non-Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any the Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. However, any Class Member that submits a timely request for exclusion will still receive his/her only, but will not be bound by the Settlement Agreement otherwise, and will not be deemed to have released the Released Class Claims except Released PAGA Claims. The Notice will specifically explain that the Released PAGA Claims will be released whether or not a Class Member opts out in accordance with this paragraph. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims and Released PAGA Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not postmarked, no later than sixty (60) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not letter setting forth their name and a statement that they request exclusion from the class and do not wish to Participate participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 dayssettlement. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. The Parties acknowledge and agree that for purposes of the PAGA and Judgment, all Aggrieved Employees were allegedly aggrieved in the same manner pursuant to Labor Code section 2698, et. seq., in that each Aggrieved Employee allegedly suffered at least one of the alleged Labor Code violations asserted in the Second Amended Complaint for which the PAGA provides an available remedy. Considering the binding nature of a PAGA judgment on non-party employees pursuant to Xxxxx v. Superior Ct. (Dairy), 46 Cal. 4th 969, and Xxxxxxxx x. XxXxxx Foodservice, Inc., 2011 WL 379413 at *3 (C.D. Cal. Jan. 31, 2011), individuals otherwise meeting the definition of Aggrieved Employees who exclude themselves from the class portion of the Settlement shall still be bound by the Judgment of the PAGA claim and will receive their PAGA Share. A Non-Participating Class Member will otherwise not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement except as to the right of any Aggrieved Employee, to the extent required by law, to object to the terms of the PAGA portion of this Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Settlement Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty forty-five (6045) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must should comply with the instructions in the Class Notice, however the Court will determine if an Election Not to Participate in Settlement is valid if it does not contain all of the information requested. An Election Not to Participate may also be faxed or emailed to the Settlement Administrator as indicated in the Class Notice Notice. If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Settlement Class Member’s identity. A Non-Participating Settlement Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any Settlement Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Settlement Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Settlement Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Settlement Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Settlement Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Settlement Class Members and the release of the Released PAGA Claims by the Aggrieved Employees set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty forty-five (6045) calendar days after the Settlement Administrator mails the Class Notice Packets, a signed Election Not to Participate in Settlement. If a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must should comply with the instructions in the Class Notice. An , however an Election Not to Participate may also in Settlement shall not be faxed or emailed to invalid simply because it does not contain all of the Settlement Administrator as indicated in the Class Notice information requested. If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Non- Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee will still be paid their allocation of the PAGA Payment and will remain bound by the release of the Released PAGA Claims regardless of their request for exclusion. Defendant will remain free to contest any claim brought by any Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members set forth in this Agreement. Plaintiffs waive their right to request exclusion from the Settlement and may not do so.

Election Not to Participate in Settlement. The Class Notice also will provide that Class Members who wish to exclude themselves from the Settlement must mail to the Settlement Administrator postmarked not later than sixty (60) calendar 45 days after the Settlement Administrator mails the Class Notice Packets, or 45 days after the Settlement Administrator re- mails the Class Notice Packets to Class Members whose first mailing came back because of an incorrect address, a signed Election Not to Participate in Settlement. If Settlement or a Class Notice Packet is re-mailed, the response date for opt-outs will be extended an additional 15 days. To be valid, an Election Not to Participate in Settlement must be timely and must comply with the instructions in the Class Notice. An Election Not to Participate may also be faxed or emailed to another verifiable format advising the Settlement Administrator as indicated that the Class Members elects not to participate in the Class Notice Settlement. If a question is raised about the authenticity of a signed Election Not to Participate in Settlement, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity. A Non-Participating Class Member will not participate in or be bound by the Settlement and the Judgment, except that an Aggrieved Employee PAGA Members will still be paid their allocation of receive payment from the Net PAGA Payment Amount and will remain be bound by the and release of the all Released PAGA Claims regardless Claims, irrespective of their request for exclusionwhether they are a Non-Participating Class Member. Defendant Defendants will remain free to contest any claim or action brought by any the Non-Participating Class Member that would have been barred by this AgreementMember, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claimclaim or action. A Class Member who does not complete and mail a timely Election Not to Participate in Settlement in the manner and by the deadline specified above and in the Class Notice will automatically become a Participating Class Member and will be bound by all terms and conditions of the Settlement, including the Released Class Claims by the Class, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the Settlement. Persons who submit an Election Not to Participate in Settlement shall not be permitted to file objections to the Settlement or appear at the Final Approval Hearing to voice any objections object to the Settlement, except with the Court’s permission. All Participating Class Members who do not submit a valid and timely Election Not to Participate in Settlement will receive a Settlement Share, without the need to file a claim form, and will be bound by all of the terms of the Settlement, including without limitation, the release of the Released Class Claims by the Participating Class Members as set forth in this Agreement. Plaintiffs waive their right The Settlement Administrator shall retain the originals of all Elections Not to request exclusion from Participate in Settlement and objections in its files until such time as the Settlement Administrator is relieved of its duties and may not do soresponsibilities under this Agreement.