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 mail a written notification of such intent to exclude himself or herself from the Settlement Class to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 days after the Notice Deadline (the “Opt- Out Deadline”). 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 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 and judgments in this matter, including but not limited to the Release 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 must mail a individually sign and timely submit written notification notice of such intent to exclude himself or herself from the Settlement Class to designated Post Office box established by the Settlement Claims Administrator at in the address manner provided in the Notice, postmarked no later than 45 days after the Notice Deadline (the “Opt- Out Deadline”). The written notification notice must include the individualclearly manifest a Person’s name and address; a statement that he or she wants intent to be excluded from the Action; 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 individual’s signatureService 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 Settlement Claims Administrator shall provide the Parties with copies of all completed opt- out notifications, promptly furnish to Class Counsel and to Defendant’s counsel a final complete list of all who have timely and validly excluded themselves from valid requests for exclusion (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“Opt-Out List”). If a Final Order and Judgment is entered, any all Persons falling within the definition of the Settlement Class Member who has do not submitted a timely, valid written notice of exclusion request to be excluded from the Settlement Class shall be bound by all subsequent proceedings, orders the terms of this Settlement Agreement 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 Class Members Persons who submit valid and timely notices of exclusion their intent to be excluded from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the Settlementterms of the Settlement Agreement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a individually sign and timely submit written notification notice of such intent to exclude himself or herself from the Settlement Class to designated Post Office box established by the Settlement Claims Administrator at in the address manner provided in the Notice, postmarked no later than 45 days after the Notice Deadline (the “Opt- Out Deadline”). The written notification notice must include the individualclearly manifest a Person’s name and address; a statement that he or she wants intent to be excluded from the Action; 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 individual’s signatureService Award to the Class 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 Settlement Claims Administrator shall provide the Parties with copies of all completed opt- out notifications, promptly furnish to Class Counsel and to Defendant’s counsel a final complete list of all who have timely and validly excluded themselves from valid requests for exclusion (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“Opt-Out List”). If a Final Order and Judgment is entered, any all Persons falling within the definition of the Settlement Class Member who has do not submitted a timely, valid written notice of exclusion request to be excluded from the Settlement Class shall be bound by all subsequent proceedings, orders the terms of this Settlement Agreement 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 Class Members Persons who submit valid and timely notices of exclusion their intent to be excluded from the Settlement Class shall not be entitled to receive any cash benefits of and/or be bound by the Settlementterms of the Settlement Agreement.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must personally sign, and timely submit, complete, and mail a written notification of such intent to exclude himself or herself from the Settlement Class request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address provided in the Notice. To be effective, postmarked no later than 45 days after an Opt-Out Request must clearly manifest the Notice Deadline (the “Opt- Out Deadline”). The written notification must include the individualSettlement Class Member’s name and address; a statement that he or she wants intent 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 notificationsClass, and a be postmarked no later than the final list date of all the Opt- Out Period, which is the sixty (60)-Day period beginning upon the Notice Deadline. All Settlement Class Members who have timely and validly excluded themselves submit timely, valid Opt-Out Requests, shall receive no benefits or compensation under the Settlement Agreement, shall gain no rights from the Settlement ClassAgreement, which shall not be bound by the Settlement Class Counsel may move Agreement, and shall have no right to file under seal with object to the Court no later than 10 days prior Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. Any Settlement Class Member who An Opt-Out Request or other request for exclusion that does not timely and validly exclude herself or himself from fully comply with 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 requirements for requesting exclusion from the Settlement Class shall be bound by all subsequent proceedingsor that is not timely submitted or postmarked, orders and judgments in this matter, including but not limited or that is sent to the Release an address other than that set forth in the Final JudgmentNotice, including will be invalid, and the person submitting such request will be treated as a 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 Member and transactions released in will be bound by the Settlement Agreement, including the Release contained therein, and any judgment entered thereon. All Class Members who submit valid and timely notices Within fourteen (14) Days after the last Day of exclusion from the Opt-Out Period, the Settlement Administrator shall furnish to Settlement Class shall not be entitled Counsel and to receive any benefits Froedtert Counsel a complete list of all timely and valid Opt-Out Requests (the Settlement“Opt-Out List”).