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.

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 (a “Request for Exclusion”) 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 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 ListDeadline”). If a Final Order and Judgment is entered, all Persons falling within The written notification must include the definition name of the Action, the individual’s full name, current address, 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, 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. The Settlement Administrator shall provide the Parties with copies of all completed Requests for Exclusion, and a final list of all who do not request to be have timely and validly excluded themselves from the Settlement Class. Any Settlement Class shall be bound by the terms of this Settlement Agreement Member who does not timely and the Final Order 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 a Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid Request for Exclusion shall be bound by all proceedings, orders, and judgments in this matter, including but not limited to the releases 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 Released Claims and all other claims and transactions released in the Settlement Agreement. All Settlement Class Members who submit valid and timely Requests for Exclusion 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 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 commencescommences pursuant to ¶ 3.2(d) in the Settlement Agreement, and as stated in the Notice. In the event that within ten (10) days after the Opt-Out Date as approved by the Court, there have been more than one hundred (100) timely and valid Opt-Outs (exclusions) submitted, Trussway may, by notifying Class Counsel and the Court in writing, void the Settlement Agreement. If Defendant Trussway voids the Settlement Agreement according to its termsAgreement, Defendant Trussway 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 Within seven (7) days after the Opt-Out Date, the Claims Administrator shall promptly furnish to Class Counsel and to DefendantTrussway’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.

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.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must individually sign submit a valid and timely submit written notice of such intent Request for Exclusion. Valid Settlement Class Member Requests for Exclusion must be submitted 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 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 after the date on which Notice Deadline. The Request for Exclusion must include the notice program commencesname of the proceeding, the individual’s full name, individual’s current address, individual’s personal signature, and as stated the words “Request for Exclusion” (or a comparable statement indicating that the individual does not wish to participate in the NoticeSettlement) at the top of the communication. If Defendant voids Defendants void the Settlement Agreement according to its terms, Defendant will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, the Administration and expenses of Class Counsel and the Service Award Notice Costs incurred up to the Class Representative date the right to cancel or terminate is exercised and shall not, at any time, seek recovery of same from any other party to the Litigation Action or from counsel to any other party to the LitigationAction. The Claims Administrator shall promptly furnish to Class Counsel and to Defendant’s Defendants’ counsel a complete list of all timely and valid requests Requests for exclusion (the “Opt-Out List”)Exclusion. If a Final Order and Judgment is entered, all Persons falling within the definition of the Settlement Class who do not request submit valid and timely requests to be excluded from the Settlement Class shall be bound by the terms of this the Settlement Agreement and the Final Order and Judgment. All Persons who submit valid and timely notices of their intent requests 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.

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.