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 shall individually sign and timely submit written notice of such intent (a “Request for Exclusion”) to the designated Post Office box established by the Settlement Administrator. The written notice must (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, written notice must be postmarked no later than sixty (60) Days after the Notice Date (the “Opt-Out Date”). 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, 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 and the dismissal with prejudice set forth in the Final 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 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.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class shall individually sign and timely submit must mail a written notice notification of such intent (a “Request for Exclusion”) to exclude himself or herself from the Settlement Class to the designated Post Office box established by Settlement Administrator at the Settlement Administratoraddress provided in the Notice, postmarked no later than 45 days after the Notice Deadline (the “Opt- Out Deadline”). The written notice notification must (i) identify include the case individual’s name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx v. DaVita Inc., Case No. )address; (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 a statement that he or she wants to be excluded from the Settlement Class, andAction; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, written notice must be postmarked no later than sixty (60) Days after the Notice Date (the “Opt-Out Date”)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 Approval Order and 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 subsequent proceedings, orders, orders and judgments in this matter, including but not limited to the Release and the dismissal with prejudice set forth in the Final 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 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.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class shall individually sign and timely submit must mail a written notice notification of such the intent (a “Request for Exclusion”) to exclude himself or herself from the Settlement Class to the designated Post Office box established by Settlement Administrator at the Settlement Administratoraddress provided in the Notice, postmarked no later than , 2024. The written notice notification must (i) identify include the case individual’s name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx v. DaVita Inc., Case No. )address; (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 a statement that he or she wants to be excluded from the Settlement Class, andAction; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, written notice must be postmarked no later than sixty (60) Days after the Notice Date (the “Opt-Out Date”)individual’s signature. The Settlement Administrator shall provide the Parties with copies of all completed opt- 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 , 2024. 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, 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 and the dismissal with prejudice set forth in the Final 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 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.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class shall individually sign and timely submit must mail a written notice notification of such the intent (a “Request for Exclusion”) to the designated Post Office box established by the Settlement Administrator. The written notice must (i) identify the case name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx v. DaVita Inc., Case No. ); (ii) state exclude himself or herself from the Settlement Class Member’s full name, address, and telephone number; (iii) contain to the Settlement Class Member’s personal and original signature; (iv) state unequivocally Administrator at the Settlement Class Member’s intent to be excluded from address provided in the Settlement ClassNotice, and; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, written notice must be postmarked no later than sixty (60) 60 Days after from the date of Notice Date (the “Opt-Out DatePeriod”). 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 SettlementSettlement Agreement. If a Final Approval Order and 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 this matter, including but not limited to the Release and the dismissal with prejudice 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 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.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class shall individually sign and timely must submit written notice of such intent (a “Request for Exclusion”) to the designated Post Office box established by an exclusion request electronically on the Settlement Administrator. The Website, or mail a written notice must (i) identify notification of the case name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx v. DaVita Inc., Case No. ); (ii) state intent to exclude himself or herself from the Settlement Class Member’s full name, address, and telephone number; (iii) contain to the Settlement Class Member’s personal and original signature; (iv) state unequivocally Administrator at the Settlement Class Member’s intent to be excluded from address provided in the Settlement ClassNotice, and; (v) request exclusion only for that one Settlement Class Member whose personal and original signature appears on the request. To be effective, written notice must be postmarked no later than sixty (60) Days 120 days after entry of the Notice Date Preliminary Approval Order (the “Opt-Out DateDeadline”). 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 Approval Order and 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 this matter, including but not limited to the Release and the dismissal with prejudice set forth in the Final JudgmentRelease, 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 Class Members who submit valid and timely notices of exclusion from the Settlement Class shall not be entitled to receive any monetary benefits of the Settlement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class shall individually sign and timely submit must mail a written notice notification of such the intent (a “Request for Exclusion”) to exclude himself or herself from the Settlement Class to the designated Post Office box established by Claims Administrator at the Settlement Administratoraddress 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 (i) identify include 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 Memberindividual’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 an unequivocal statement that he or she wants to be excluded from the Settlement Class, and; (v) request exclusion only for that one Settlement Class Member whose personal and the original signature appears of the individual or a person previously authorized by law, to act on behalf of the request. To be effective, written notice must be postmarked no later than sixty (60) Days after individual with respect to the Notice Date (the “Opt-Out Date”)claims asserted in this Action. The Settlement Claims Administrator shall provide the Parties with copies of all completed opt- opt-out notifications, and a final list of all who have timely and validly excluded themselves from the Settlement Class, 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 be bound by the terms of the SettlementSettlement Agreement. If a Final Approval Order and 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 this matter, including but not limited to the Release and the dismissal with prejudice 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 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 putative Settlement Class Member who wishes to be excluded from the Settlement Class shall individually sign and timely must submit a written notice of such request notifying the intent (a “Request for Exclusion”) to the designated Post Office box established exclude himself or herself by mail, fax, or via the Settlement AdministratorWebsite not later than 45 Days after the Notice Deadline (the “Opt-Out Period”). The For a request for exclusion to be valid, the written notice must notification must: (ia) identify be signed (if sent by mail or fax) or electronically signed (if submitted via the case name and number of this lawsuit (Xxxxxxx Xxxxxxxx, Xxxxxxxx Xxxxxxxx, and Xxxxxx Xxxxxx v. DaVita Inc., Case No. Settlement Website); (iib) state include the Settlement Class Member’s full name, address, and telephone numberfax number of the person(s) requesting exclusion; and (iiic) contain include the Settlement Class Member’s personal and original signature; (iv) state unequivocally the Settlement Class Member’s intent 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, and; (v) request exclusion only for that one . So- called “mass” or “class” opt-outs shall not be allowed. Any putative Settlement Class Member whose personal who elects to be excluded shall not: (i) be bound by the Final Approval Order and original signature appears on the request. To Judgment; (ii) be effective, written notice must entitled to relief under this Settlement Agreement; (iii) gain any rights by virtue of this Settlement Agreement; or (iv) be postmarked no later than sixty (60) Days after the Notice Date (the “Opt-Out Date”)entitled to object to any aspect of this Settlement Agreement. The Settlement Claims Administrator shall provide the Parties with copies of all completed opt- opt-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 SettlementSettlement Agreement. If a Final Approval Order and 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 this matter, including but not limited to the Release and the dismissal with prejudice set forth in the Final Approval Order and Judgment, including . 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 Class Members 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.