Common use of Exclusion from Class Clause in Contracts

Exclusion from Class. Any putative Settlement Class Member who wishes to be excluded from the Settlement Class must submit a written 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-Out Period”). For a 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 fax number of the 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 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-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 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.

Exclusion from Class. Any putative Settlement Class Member who wishes to be excluded from the Settlement Class must submit mail a written request notifying notification of the intent to exclude himself or herself by mail, fax, or via from the Settlement Website not 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 Period”), 2024. For a request for exclusion to be valid, the The written notification must: (a) be signed (if sent by mail or fax) or electronically signed (if submitted via the Settlement Website); (b) must include the full name, individual’s name and address, and fax number of the person(s) requesting exclusion; and (c) include the following statement: “I/we request a statement that he or she wants 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 Action; and 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 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 Agreementindividual’s signature. The Claims 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 must may move to file under seal 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, 2024. 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 AgreementSettlement. 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 , 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 individuals or entities 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 putative 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 submit a written request notifying (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 exclude himself or herself by mail, fax, or via be excluded from the Settlement Website not 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 45 sixty (60) Days after the Notice Deadline Date (the “Opt-Out PeriodDate”). For a 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 The Settlement Website); (b) include the full name, address, and fax number of the 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 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-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 Settlement AgreementSettlement. 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. This would include , 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 individuals or entities 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 putative Settlement Class Member who wishes to be excluded from the Settlement Class must submit mail a written request notifying notification of the intent to exclude himself or herself by mail, fax, or via from the Settlement Website not Class to the Claims Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the Notice Deadline date of this Order (the “Opt-Out Period”). For a request for exclusion to be valid, the The written notification must: (a) be signed (if sent by mail or fax) or electronically signed (if submitted via the Settlement Website); (b) must include the individual’s full name, address, and fax number of the person(s) requesting exclusiontelephone number; and (c) include the following statement: “I/we request an unequivocal statement that he or she wants 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 Settlement Class; and the original signature of the information described above is included. A request individual or a person previously authorized by law, 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 act on behalf of or the individual with respect to the claims asserted 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 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 AgreementAction. 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 Settlement Class, which Class Counsel must may move to file under seal with the Court and serve on Defendants no later than 10 days after Days prior to the date for a putative Settlement Class Member to exclude himself or herself from the Settlement Class has expiredFinal Approval Hearing. 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 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. This would include , 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 individuals or entities 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 must submit an exclusion request electronically on the Settlement Website, or mail a written request notifying notification of the intent to exclude himself or herself by mail, fax, or via from the Settlement Website not Class to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 Days 120 days after entry of the Notice Deadline Preliminary Approval Order (the “Opt-Out PeriodDeadline”). For a request for exclusion to be valid, the The written notification must: (a) be signed (if sent by mail or fax) or electronically signed (if submitted via the Settlement Website); (b) must include the full name, individual’s name and address, and fax number of the person(s) requesting exclusion; and (c) include the following statement: “I/we request a statement that he or she wants 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 Action; and 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 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 Agreementindividual’s signature. The Claims 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 must may move to file under seal with the Court and serve on Defendants no later than 10 days after prior to the date for a putative Settlement Class Member to exclude himself or herself from the Settlement Class has expiredFinal Approval Hearing. 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 AgreementSettlement. 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 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. All individuals or entities 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 putative Settlement Class Member who wishes to be excluded from the Settlement Class must submit mail a written request notifying notification of the intent to exclude himself or herself by mail, fax, or via from the Settlement Website not Class to the Settlement Administrator at the address provided in the Notice, postmarked no later than 45 60 Days after from the date of Notice Deadline (the “Opt-Out Period”). For a request for exclusion to be validThe written notification must include the name of the proceeding, 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 individual’s full name, current address, personal signature, and fax number 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 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 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 Agreementcommunication. The Claims 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 must may move to file with the Court and serve on Defendants no later than 10 days after Days prior to the date for a putative Settlement Class Member to exclude himself or herself from the Settlement Class has expiredFinal Approval Hearing. 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 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. This would include , 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 individuals or entities 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.