Common use of Exclusion from Class Clause in Contracts

Exclusion from Class. Any 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 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 in In re Premera Blue Cross Customer Data Security Breach Litigation, Case No. 3:15-md-2633-SI.” All persons and entities who submit valid and timely 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 the Settlement Fund, and shall not be bound by the Settlement or any final judgment entered in this Action.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than 60 Days from the date of this Order (the “Opt-Out Period”). 3:15The written notification must 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 this Action. The Settlement Administrator shall provide the Parties with copies of all completed opt-md-2633-SI.” 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 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 persons and entities Settlement Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than 60 Days from the date of Notice (the “Opt-Out Period”). 3:15-md-2633-SI.The written notification must include the 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. 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 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 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 persons and entities Settlement Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any person falling within the definition of the Settlement Class may, upon request, Member who wishes to be excluded or “opt out” from the Class. Any such person who desires to request exclusion from the Settlement Class must submit a fully-completed Request For Exclusion. To be valid, the Request for Exclusion must be (i) submitted an exclusion request electronically on the Settlement Website, or (ii) postmarked or received by the Settlement Administrator on or before the end mail a written notification of the Opt-Out Period, which shall expire ninety (90) days following the Notice Date. In the event intent to exclude himself or herself from the Settlement Class Members submit a Request for Exclusion to the Settlement Administrator via US Mail such Request for Exclusion must be at the address provided in writing and must identify the case name In re Premera Blue Cross Customer Data Security Breach LitigationNotice, Case No. 3:15-md-2633-SI; state the name, address and telephone number postmarked no later than 120 days after entry of the Settlement Class Members seeking exclusionPreliminary Approval Order (the “Opt-Out Deadline”). The written notification must include the individual’s name and address; be physically signed by the Person(s) seeking exclusion; and must also contain a statement to the effect that “I/We hereby request he or she wants to be excluded from the proposed 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 Final 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 In re Premera Blue Cross Customer Data Security Breach Litigationthis matter, Case Noincluding but not limited to the Release, 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. 3:15-md-2633-SI.” All persons and entities Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any monetary benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than 90 Days from the date of this Order (the “Opt-Out Period”). 3:15-md-2633-SI.” The written notification must 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 this Action. 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 Agreement. If a 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 persons and entities Settlement Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than 60 Days after the date Notice is mailed to the Settlement Class Members (the “Opt-Out Deadline”). 3:15-md-2633-SI.The written notification must include the 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 does not timely and validly exclude himself or herself from the Settlement shall 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 persons and entities Settlement Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class to the Claims Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than 60 Days from the date of this Order (the “Opt-Out Period”). 3:15-md-2633-SI.” All persons The written notification must include the individual’s full name, address, and entities who submit valid telephone number; an unequivocal statement that he or she wants to be excluded from the Settlement Class; and timely Requests For Exclusion as set forth 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 Order Action. The Claims Administrator shall provide the Parties with copies of all completed opt-out notifications, and the Notice shall a final list of all who have no rights under the Settlement, shall not share in the distribution of timely and validly excluded themselves from the Settlement FundClass, which 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 not be bound by the terms of the Settlement or Agreement. If Final Order and Judgment is entered, any final judgment entered 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 Actionmatter, 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.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail a written notification of the intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than 60 Days after the date Notice is mailed to the Settlement Class Members (the “Opt-Out/Exclusion Deadline”). 3:15-md-2633-SI.The written notification must include the 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 does not timely and validly exclude himself or herself from the Settlement shall 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 persons and entities Settlement Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any person falling within the definition of the putative Settlement Class may, upon request, Member who wishes to be excluded or “opt out” from the Class. Any such person who desires to request exclusion from the Settlement Class must submit a fullywritten request notifying the intent to exclude himself or herself by mail, fax, or via the Settlement Website not later than 45 Days after the Notice Deadline (the “Opt-completed Request Out Period”). For Exclusion. To a request for exclusion to be valid, the Request for Exclusion must written notification must: (a) be signed (iif sent by mail or fax) or electronically signed (if submitted electronically on via the Settlement Website, or ); (iib) postmarked or received by include 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 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 full name, address address, and telephone fax number of the Settlement Class Members seeking exclusion; be physically signed by the Person(sperson(s) seeking requesting exclusion; and must also contain a statement to (c) include the effect that following statement: “I/We hereby we request to be excluded from the proposed 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 In re Premera Blue Cross Customer Data Security Breach Litigationconcert or participation with that person, Case Nomay exclude any other putative Settlement Class Members from the Settlement Class. 3:15So- called “mass” or “class” opt-md-2633outs shall not be allowed. Any putative Settlement Class Member who elects to be excluded shall not: (i) be bound by the Final Approval Order and Judgment; (ii) be entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be entitled to object to any aspect of this Settlement Agreement. The Claims Administrator shall provide the Parties with copies of all completed opt-SI.” out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, which Class Counsel must file with the Court and serve on Defendants no later than 10 days after the date for a putative Settlement Class Member to 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 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 persons and individuals or entities who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.

Exclusion from Class. Any 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 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 Member who wishes to be excluded from the proposed Settlement Class must mail an individual written notification of the intent to exclude himself or herself from the Settlement Class to the Claims Administrator at the address provided in In re Premera Blue Cross Customer Data Security Breach Litigationthe Notice, Case Nopostmarked no later than sixty (60) days from the Notice Deadline (the “Opt-Out Deadline”). 3:15The written notice must clearly manifest a 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-md-2633Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-SI.” 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 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 persons and entities Settlement Class Members who submit valid and timely 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 notices of exclusion from the Settlement Fund, and Class shall not be bound by entitled to receive any benefits of the Settlement or any final judgment entered in this ActionSettlement.