Common use of Exclusion from Class Clause in Contracts

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator in the manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice, postmarked no later than 45 days after the Notice Deadline (the “Opt- Out Deadline”). The written notice notification must clearly manifest include the individual’s name and address; a Person’s intent statement that he or she wants to be excluded from the Action; and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class. To be effective, such requests for exclusion must be postmarked which Settlement Class Counsel may move to file under seal with the Court no later than 10 days prior to the Opt-Out Date, which is no later than sixty (60) days Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the date on which Settlement shall be bound by the notice program commences, and as stated in terms of the NoticeSettlement. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not request to be excluded submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders and judgments in this matter, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Order Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and Judgmenttransactions released in the Settlement Agreement. All Persons Class Members who submit valid and timely notices of their intent to be excluded exclusion from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Settlement Administrator in the manner provided in the Notice. The written notice must clearly manifest a Personinclude the Settlement Class Member’s intent to be excluded name, address, telephone number, and e-mail address (if the Settlement Class Member has one), stating that the Settlement Class Member requests exclusion from the Settlement Class, and must be signed by the Settlement Class Member. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a A complete list of all timely and Settlement Class Members who submitted timely, valid exclusion requests (opt-outs) will be filed with the Court as part of the declaration or affidavit of the Settlement Administrator, at the same time that Plaintiffs file their Motion for exclusion (Final Approval of the “OptClass Action Settlement. The Court will permit the list to be anonymized, referring to the Settlement Class Members opting-Out List”)out by their unique Class Member IDs assigned to them by the Settlement Administrator in any public filings. If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days 60 Days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion Notice (the “Opt-Out ListPeriod”). If a Final Order and Judgment is entered, all Persons falling within The written notification must include the definition name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement Class at the top of the communication. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, and a final list of all who do not request to be have timely and validly excluded themselves from the Settlement Class, which Settlement Class shall be bound by Counsel may move to file with the terms of this Settlement Agreement and Court no later than 10 Days prior to the Final Order Approval Hearing. Any Settlement Class Member who does not timely and Judgment. All Persons who submit valid and timely notices of their intent to be excluded validly exclude herself or himself from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Administrator in at the manner address provided in the Notice, postmarked no later than 60 Days after the date on which Notice is sent (the “Opt-Out Period”). The written notice notification must clearly manifest a Personinclude the individual’s intent full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel ; and the Service Award original signature of the individual or a person previously authorized by law, to act on behalf of the individual with respect to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigationclaims asserted in this Action. The Claims Administrator shall promptly furnish to Class Counsel provide the Parties with copies of all completed opt-out notifications, and to Defendant’s counsel a complete final list of all who have timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be validly excluded themselves from the Settlement Class, which Settlement Class shall be bound by Counsel may move to file under seal with the terms of this Settlement Agreement and Court no later than 10 Days prior to the Final Order Approval Hearing. ocument Submitted for Filing to MI Oakland County 6th Circuit Court. Any Settlement Class Member who does not timely and Judgment. All Persons who submit valid and timely notices of their intent to be excluded validly exclude herself or himself from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded Electronically Filed - Xxxxxxx - Kansas City - December 30, 2020 - 01:40 PM from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice, postmarked no later than 60 Days from the date of this Order (the “Opt-Out Period”). The written notice notification must clearly manifest a Personinclude the individual’s intent full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class; and the original signature of the individual or a person previously authorized by law, to act on behalf of the individual with respect to the claims asserted in this Action. To be effectiveThe Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, such requests for exclusion must be postmarked and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Opt-Out Date, which is no later than sixty (60) days Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the date on which Settlement shall be bound by the notice program commences, and as stated in the Notice. If Defendant voids terms of the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”)Agreement. If a Final Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not request to be excluded submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims and transactions released in the Settlement Agreement. All Persons Settlement Class Members who submit valid and timely notices of their intent to be excluded exclusion from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Administrator in at the manner address provided in the Notice, postmarked no later than 60 Days from the date of this Order (the “Opt-Out Period”). The written notice notification must clearly manifest a Personinclude the individual’s intent full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel ; and the Service Award original signature of the individual or a person previously authorized by law, to act on behalf of the individual with respect to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigationclaims asserted in this Action. The Claims Administrator shall promptly furnish to Class Counsel provide the Parties with copies of all completed opt-out notifications, and to Defendant’s counsel a complete final list of all who have timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be validly excluded themselves from the Settlement Class, which Class shall be bound by Counsel may move to file under seal with the terms of this Settlement Agreement and Court no later than 10 Days prior to the Final Order Approval Hearing. Any Settlement Class Member who does not timely and Judgment. All Persons who submit valid and timely notices of their intent to be excluded validly exclude herself or himself from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit FILED DATE: 7/11/2022 8:54 PM 2021CH06274 valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes wishing to be excluded from opt out of the Settlement Class must shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator in the manner provided in the NoticeSettlement Administrator. The written opt out notice must clearly manifest a Personperson’s intent to be excluded from the Settlement Class. The written opt out notice must include the individual’s name and address; a statement that he or she wants to be excluded from the Settlement Class; and the individual’s signature. To be effective, such requests for exclusion written opt out notice must be postmarked no later than 120 days after the Opt-Out Date, which is no date of entry of this Order. No later than sixty (60) 130 days from the date on which of entry of this Order, the notice program commencesSettlement Administrator shall provide the Parties with: (a) copies of all completed opt-out notifications, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel (b) a complete final list of all who have timely and valid requests for exclusion validly excluded themselves from the Settlement Class (the “Opt-Out ListMembers”). If a Final Order and No later than 10 days prior to the final approval hearing, Class Counsel shall file this list of Opt-Out List Members with the Court for purposes of being attached to the Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgmententered upon final approval. All Persons Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or or be bound by the terms of this Settlement Agreement. All Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class shall also waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement. All Class Members who do not submit valid and timely notices of their intent to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Judgment entered thereon.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice, postmarked no later than , 2024. The written notice notification must clearly manifest include the individual’s name and address; a Person’s intent statement that he or she wants to be excluded from the Action; and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class. To be effective, such requests for exclusion must be postmarked which Settlement Class Counsel may move to file under seal with the Court no later than the Opt-Out Date, which is no later than sixty (60) days 2024. Any Settlement Class Member who does not timely and validly exclude herself or himself from the date on which Settlement shall be bound by the notice program commences, and as stated in terms of the NoticeSettlement. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not request to be excluded submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Order Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and Judgmenttransactions released in the Settlement Agreement. All Persons Class Members who submit valid and timely notices of their intent to be excluded exclusion from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice, postmarked no later than 90 Days from the date of this Order (the “Opt-Out Period”). The written notice notification must clearly manifest a Personinclude the individual’s intent full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class; and the original signature of the individual or a person previously authorized by law, to act on behalf of the individual with respect to the claims asserted in this Action. To be effectiveThe Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, such requests for exclusion must be postmarked and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 Days prior to the Opt-Out Date, which is no later than sixty (60) days Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the date on which Settlement shall be bound by the notice program commences, and as stated in the Notice. If Defendant voids terms of the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”)Agreement. If a Final Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not request to be excluded submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the terms of this Settlement Agreement and Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims and transactions released in the Settlement Agreement. All Persons Settlement Class Members who submit valid and timely notices of their intent to be excluded exclusion from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from 60 Days after the date on which the notice program commences, and as stated in the Notice. If Defendant voids Notice is mailed to the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion Members (the “Opt-Out ListDeadline”). If a Final Order and Judgment is entered, all Persons falling within The written notification must include the definition name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. Any Settlement Class Member who do does not request to be excluded timely and validly exclude himself or herself from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Approval Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit an exclusion request electronically on the Settlement Website, or mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than 120 days after entry of the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion Preliminary Approval Order (the “Opt-Out ListDeadline”). The written notification must include the individual’s name and address; a statement that he or she wants to be excluded from the Action; and the individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than 10 days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement. If a Final Order and Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not request to be excluded submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the terms Release, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of this the Released Parties relating to the claims and transactions released in the Settlement Agreement and the Final Order and JudgmentAgreement. All Persons Class Members who submit valid and timely notices of their intent to be excluded exclusion from the Settlement Class shall not be entitled to receive any cash monetary benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator in the manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons person falling within the definition of the Class may, upon request, be excluded or “opt out” from the Class. Any such person who desires to request exclusion from the Class must submit a fully-completed Request For Exclusion. To be valid, the Request for Exclusion must be (i) submitted electronically on the Settlement Website, or (ii) postmarked or received by the Settlement Administrator on or before the end of the Opt-Out Period, which shall expire ninety (90) days following the Notice Date. In the event the Settlement Class who do not Members submit a Request for Exclusion to the Settlement Administrator via US Mail such Request for Exclusion must be in writing and must identify the case name In re Premera Blue Cross Customer Data Security Breach Litigation, Case No. 3:15-md-2633-SI; state the name, address and telephone number of the Settlement Class Members seeking exclusion; be physically signed by the Person(s) seeking exclusion; and must also contain a statement to the effect that “I/We hereby request to be excluded from the proposed Settlement Class shall be bound by the terms of this Settlement Agreement in In re Premera Blue Cross Customer Data Security Breach Litigation, Case No. 3:15-md-2633-SI.” All persons and the Final Order and Judgment. All Persons entities who submit valid and timely notices Requests For Exclusion as set forth in this Order and the Notice shall have no rights under the Settlement, shall not share in the distribution of their intent to be excluded from the Settlement Class Fund, and shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreementor any final judgment entered in this Action.

Appears in 1 contract

Samples: Settlement Agreement

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Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice, postmarked no later than 60 Days from the date of this Order (the "Opt-Out Period"). The written notice notification must clearly manifest a Person’s intent include the individual's full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class; and the original signature of the individual or a person previously authorized by law, to act on behalf of the individual with respect to the claims asserted in the Action. To be effectiveThe Settlement Administrator shall provide the Parties with copies of all completed opt­ out notifications, such requests for exclusion must be postmarked and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award 10 Days prior to the Final Approval Hearing. Any Settlement Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all Member who does not timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded validly exclude herself or himself from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and 269805938v.1 judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must shall individually sign and timely submit written notice of such intent (a “Request for Exclusion”) to the designated Post Office box established by the Claims Administrator in the manner provided in the NoticeSettlement Administrator. The written notice must clearly manifest a Person(i) identify the case name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx v. DaVita Inc., Case No. ); (ii) state the Settlement Class Member’s full name, address, and telephone number; (iii) contain the Settlement Class Member’s personal and original signature; (iv) state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, and; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, such requests for exclusion written notice must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from Days after the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion Notice Date (the “Opt-Out ListDate”). The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement. If a Final Approval Order and Final Judgment is entered, all Persons falling within the definition of the any Settlement Class Member who do has not request to be excluded submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the terms of this Settlement Agreement Release and the dismissal with prejudice set forth in the Final Order Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and Judgmenttransactions released in the Settlement Agreement. All Persons Class Members who submit valid and timely notices of their intent to be excluded exclusion from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the terms of the Settlement AgreementSettlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice, postmarked no later than 60 Days from the date of this Order (the “Opt-Out Period”). The written notice notification must clearly manifest a Personinclude the individual’s intent full name, address, and telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class; and the original signature of the individual or a person previously authorized by law, to act on behalf of the individual with respect to the claims asserted in this Action. To be effectiveThe Settlement Administrator shall provide the Parties with copies of all completed opt-out notifications, such requests for exclusion must be postmarked and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Settlement Class Counsel may move to file under seal with the Court no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award 10 Days prior to the Final Approval Hearing. Any Settlement Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all Member who does not timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded validly exclude herself or himself from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment, including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail an individual written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Administrator in at the manner address provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion Notice Deadline (the “Opt-Out ListDeadline”). If The written notice must clearly manifest a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their person’s intent to be excluded from the Settlement Class and must be signed by the individual seeking to be excluded from the class. Within seven (7) days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than seven (7) days prior to the Final Approval Hearing. Any Settlement Class Member who does not receive any cash benefits of and/or timely and validly exclude herself or himself from the Settlement shall be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member – including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims or transactions released in the Settlement Agreement – who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Class Settlement Agreement

Exclusion from Class. Any putative Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit a written notice of such request notifying the intent to the designated Post Office box established exclude himself or herself by the Claims Administrator in the manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from mail, fax, or via the Settlement Class. To be effective, such requests for exclusion must be postmarked no Website not later than 45 Days after the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion Notice Deadline (the “Opt-Out ListPeriod”). If For a Final Order request for exclusion to be valid, the written notification must: (a) be signed (if sent by mail or fax) or electronically signed (if submitted via the Settlement Website); (b) include the full name, address, and Judgment is entered, all Persons falling within the definition fax number of the Settlement Class who do not person(s) requesting exclusion; and (c) include the following statement: “I/we request to be excluded from the class settlement in Prairie Pointe Orthodontics, P.A., x. Xxxxx & Associates, LLC., et al., Case. No. 2:22-cv-2451.” No exclusion request will be valid unless all of the information described above is included. A request to be excluded that is sent by means other than that designated in the notice, or that is not timely received by the Claims Administrator, shall be invalid. No putative Settlement Class Member, or any person acting on behalf of or in concert or participation with that person, may exclude any other putative Settlement Class Members from the Settlement Class. So- called “mass” or “class” opt-outs shall not be allowed. Any putative Settlement Class Member who elects to be excluded shall not: (i) be bound by the terms Final Approval Order and Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement Agreement; or (iv) be entitled to object to any aspect of this Settlement Agreement. The Claims Administrator shall provide the Parties with copies of all completed opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Final Order Settlement Class, which Class Counsel must file with the Court and Judgment. All Persons who submit valid and timely notices of their intent serve on Defendants no later than 10 days after the date for a putative Settlement Class Member to be excluded exclude himself or herself from the Settlement Class has expired. Any putative Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement will be a Settlement Class Member, and shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Approval and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Approval Order and Judgment. This would include Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Parties relating to the claims and transactions released in the Settlement Agreement. All individuals or entities who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit written notice of such intent to the designated Post Office box established by the Claims Administrator in the manner provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative Representatives and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign and timely submit mail a written notice notification of such the intent to exclude himself or herself from the designated Post Office box established by Settlement Class to the Claims Settlement Administrator in at the manner address provided in the Notice. The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must be postmarked no later than the Opt-Out Date, which is no later than sixty (60) days from the date on which the notice program commences, and as stated in the Notice. If Defendant voids the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Counsel and the Service Award to the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s counsel a complete list of all timely and valid requests for exclusion this Order (the “Opt-Out ListDate”). If a Final Order The written notification must include the individual’s full name, address, and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement Class; and the Final Order original signature of the individual or a person previously authorized by law to act on behalf of the individual with respect to the claims asserted here. The Settlement Administrator shall provide the Parties with copies of all completed opt- out notifications and Judgment. All Persons a final list of all who submit valid have timely and timely notices of their intent to be validly excluded themselves from the Settlement Class within seven (7) days after the Opt-Out Date, which Settlement Class Counsel may move to file under seal with the Court no later than ten (10) days prior to the Final Approval Hearing. Any Settlement Class Member who does not timely and validly exclude herself or himself from the Settlement shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement. If Final Order and Judgment is entered, any Settlement Class Member – including Settlement Class Members who have previously initiated or who subsequently initiate any litigation against any or all of the Released Persons relating to the claims or transactions released in the Settlement Agreement – who has not submitted a timely, valid written notice of exclusion from the Settlement Class shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the Release set forth in the Final Order and Judgment. All Settlement Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any benefits of the Settlement.

Appears in 1 contract

Samples: Settlement Agreement

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign personally sign, and timely submit written notice of such intent submit, complete, and mail a request for exclusion (“Opt-Out Request”) to the designated Post Office box established by Settlement Administrator at the Claims Administrator in the manner provided address in the Notice. The written notice To be effective, an Opt-Out Request must clearly manifest a Personthe Settlement Class Member’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusion must and be postmarked no later than the final date of the Opt- Out Period, which is the sixty (60)-Day period beginning upon the Notice Deadline. All Settlement Class Members who submit timely, valid Opt-Out DateRequests, which is shall receive no later than sixty (60) days benefits or compensation under the Settlement Agreement, shall gain no rights from the date on which Settlement Agreement, shall not be bound by the notice program commencesSettlement Agreement, and as stated shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. An Opt-Out Request or other request for exclusion that does not fully comply with the requirements for requesting exclusion from the Settlement Class or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice. If Defendant voids , will be invalid, and the person submitting such request will be treated as a Settlement Class Member and will be bound by the Settlement Agreement according to its termsAgreement, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costsincluding the Release contained therein, and expenses any judgment entered thereon. Within fourteen (14) Days after the last Day of Class Counsel and the Service Award to Opt-Out Period, the Class Representative and shall not, at any time, seek recovery of same from any other party to the Litigation or from counsel to any other party to the Litigation. The Claims Settlement Administrator shall promptly furnish to Settlement Class Counsel and to Defendant’s counsel Froedtert Counsel a complete list of all timely and valid requests for exclusion Opt-Out Requests (the “Opt-Out List”). If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request to be excluded from the Settlement Class shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent to be excluded from the Settlement Class shall not receive any cash benefits of and/or be bound by the terms of the Settlement Agreement.

Appears in 1 contract

Samples: Settlement Agreement

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