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 request for exclusion to the Settlement Administrator at the address and in the manner and within the time provided in the Notice. Such requests for exclusions must meet the opt-out deadline established by this Order and stated in the Notice. Any member of the Settlement Class who does not properly and timely opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be bound by all the terms and provisions of the Settlement Agreement, whether or not such Settlement Class Member objected to the Settlement and whether or not such Settlement Class Member received consideration under the Settlement Agreement. A request for exclusion must be in writing and: (a) state the name of this proceeding (Xxxxxxxx v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach Lawsuit”); (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such a request shall, if the Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all requests for exclusion to Class Counsel and to Defendant’s Counsel within 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written request for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment. Settlement Class Members who submit valid and timely requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class will be enjoined from proceeding against the Released Persons under the Settlement Agreement with respect to the Release Claims.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must submit such an Opt-Out Request through the Settlement Website or mail a written request Opt-Out Request for exclusion to the Settlement Claims Administrator at the address and in the manner and within the time provided in the Notice. Such requests Opt-Out Requests for exclusions must meet the optOpt-out deadline Out Deadline established by this Order and stated in the Notice. Any member of the Settlement Class who does not properly and timely optAn Opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be bound by all the terms and provisions of the Settlement Agreement, whether or not such Settlement Class Member objected to the Settlement and whether or not such Settlement Class Member received consideration under the Settlement Agreement. A request Out Request for exclusion must be in writing and: (a) state the name of this proceeding (Xxxxxxxx (Kukorinis v. Personal Touch Holding Corp.Walmart, in the United States District Court for the Eastern District of New YorkInc., Case No. 2:211:19-cv-02061, cv-20592-Xxxxxxxx/Xxxxx-Xxxxx or similar identifying words such as “Personal Touch Holding Corp. Data Breach LawsuitWalmart Weighted Goods Class Action”); (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request An Opt-Out Request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such a request shall, if the Final Approval Judgment and Order and Judgment of Dismissal is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Claims Administrator shall forward a list of all requests Opt-Out Requests for exclusion to Settlement Class Counsel and to DefendantWalmart’s Counsel within at least 7 days of the Opt-Out Deadline. If the Final Approval Judgment and Order and Judgment of Dismissal is entered, any Settlement Class Member who has not submitted a timely, valid written request Opt-Out Request for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this actionLitigation, including but not limited to the Release release set forth in the Final Approval Judgment and Order and Judgmentof Dismissal. Settlement Class Members who submit valid and timely requests Opt-Out Requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class will be enjoined from proceeding against the Released Persons under the Settlement Agreement with respect to the Release Claims.

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 request for exclusion notice of such intent to the Settlement designated Post Office box established by the Claims Administrator at the address and in the manner and within the time provided in the Notice. Such The written notice must clearly manifest a Person’s intent to be excluded from the Settlement Class. To be effective, such requests for exclusions exclusion must meet be postmarked no later than the optOpt-out deadline established by this Order Out Date, which is no later than sixty (60) days from the date on which notice program commences pursuant to ¶ 3.2(d) in the Settlement Agreement, and as stated in the Notice. Any member of 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 Class who does not properly and timely opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be bound by all the terms and provisions of Agreement. If Trussway voids the Settlement Agreement, whether or not such Settlement Trussway will be obligated to pay all settlement expenses already incurred, excluding any attorneys’ fees, costs, and expenses of Class Member objected Counsel and the Service Award to the Settlement Class Representatives and whether shall not, at any time, seek recovery of same from any other party to the Litigation or not such Settlement from counsel to any other party to the Litigation. Within seven (7) days after the Opt-Out Date, the Claims Administrator shall furnish to Class Member received consideration under the Settlement Agreement. A request Counsel and to Trussway’s counsel a complete list of all timely and valid requests for exclusion must be in writing and: (a) state the name of this proceeding (Xxxxxxxx v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21“Opt-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach LawsuitOut List”); (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such If a request shall, if the Final Approval Order and Judgment is entered, be considered a all Persons falling within the definition of the Settlement Class Member and shall who do not request to be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all requests for exclusion to Class Counsel and to Defendant’s Counsel within 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written request for exclusion excluded from the Settlement Class shall be bound by all subsequent proceedings, orders, the terms of this Settlement Agreement and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment. Settlement Class Members All Persons who submit valid and timely requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry notices of the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested their intent to be excluded from the Settlement Class will shall not receive any cash benefits of and/or be enjoined from proceeding against bound by the Released Persons under terms of the Settlement Agreement with respect to the Release ClaimsAgreement.

Exclusion from Class. Any Class Member wishing to opt out of the Settlement Class Member shall individually sign and timely submit written notice of such intent to the designated Post Office box established by the Settlement Administrator. The written opt out notice must clearly manifest a person’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, written opt out notice must be postmarked no later than 120 days after the date of entry of this Order. No later than 130 days from the date of entry of this Order, the Settlement Administrator shall provide the Parties with: (a) copies of all completed opt-out notifications, and (b) a final list of all who wishes have timely and validly excluded themselves from the Settlement Class (the “Opt-Out Members”). 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 to be entered upon final approval. All Class Members who submit valid and timely notices of their intent to be excluded from the Settlement Class must mail a written request for exclusion shall not receive any benefits of or be bound by the terms of this Settlement Agreement. All Class Members who submit valid and timely notices of their intent to the Settlement Administrator at the address and in the manner and within the time provided in the Notice. Such requests for exclusions must meet the opt-out deadline established by this Order and stated in the Notice. Any member of be excluded from the Settlement Class who does not properly shall also waive and timely opt-out of the Settlement shall, upon entry of the Order forfeit any and Final Judgment, be bound by all the terms and provisions of the Settlement Agreement, whether rights he or not such Settlement Class Member objected she may have to the Settlement and whether or not such Settlement Class Member received consideration under appear separately and/or to object to the Settlement Agreement. A request for exclusion must All Class Members who do not submit valid and timely notices of their intent to be in writing and: (a) state the name of this proceeding (Xxxxxxxx v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach Lawsuit”); (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such a request shall, if the Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all requests for exclusion to Class Counsel and to Defendant’s Counsel within 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written request for exclusion excluded from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in the terms of this action, including but not limited to the Release set forth in the Final Approval Order and Judgment. Settlement Class Members who submit valid and timely requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class will be enjoined from proceeding against the Released Persons under the Settlement Agreement with respect to and the Release ClaimsJudgment entered thereon.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written request for exclusion notification of the intent to exclude himself or herself from the Settlement Class to the Settlement Claims Administrator at the address and in the manner and within the time provided in the Notice. Such requests for exclusions must meet , postmarked no later than 60 Days after the optdate on which Notice is sent (the “Opt-out deadline established by this Order and stated in the Notice. Any member of the Settlement Class who does not properly and timely opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be bound by all the terms and provisions of the Settlement Agreement, whether or not such Settlement Class Member objected to the Settlement and whether or not such Settlement Class Member received consideration under the Settlement Agreement. A request for exclusion must be in writing and: (a) state the name of this proceeding (Xxxxxxxx v. Personal Touch Holding Corp., in the United States District Court for the Eastern District of New York, Case No. 2:21-cv-02061, or similar identifying words such as “Personal Touch Holding Corp. Data Breach LawsuitOut Period”). The written notification must include the individual’s full name, address, and telephone number; (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” an unequivocal statement that he or words communicating the person’s request for exclusion she wants to be excluded from the Settlement Class; and (d) must be signed 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 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 Settlement Class MemberCounsel may move to file under seal with the Court no later than 10 Days prior to the Final Approval Hearing. A request ocument Submitted for exclusion that does not include the foregoing information, or that is sent Filing to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the MI Oakland County 6th Circuit Court. Any Settlement Class Member serving such a request shall, if who does not timely and validly exclude herself or himself from the Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the terms of the Settlement Class. The Settlement Administrator shall forward a list of all requests for exclusion to Class Counsel and to Defendant’s Counsel within 7 days of the Opt-Out DeadlineAgreement. If the Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written request for notice of exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this actionmatter, 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 Settlement Class Members who submit valid and timely requests for notices of exclusion from the Settlement Class shall not be entitled to receive any benefits from of the Settlement. Upon entry of the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class will be enjoined from proceeding against the Released Persons under the Settlement Agreement with respect to the Release Claims.

Exclusion from Class. Any Settlement Class Member who wishes to be excluded from the Settlement Class must mail a written request for exclusion to the Settlement Administrator at the address and in the manner and within the time provided in the Notice. Such requests for exclusions must meet the opt-out deadline established by this Order and stated in the Notice. Any member of the Settlement Class who does not properly and timely opt-out of the Settlement shall, upon entry of the Order and Final Judgment, be bound by all the terms and provisions of the Settlement Agreement, whether or not such Settlement Class Member objected to the Settlement and whether or not such Settlement Class Member received consideration under the Settlement Agreement. A request for exclusion must be in writing and: (a) state the name of this proceeding (Xxxxxxxx Xxxxx Xxxxxxxxx, et al., v. Personal Touch Holding Corp.Virgin Scent, in the United States District Court for the Eastern District of New YorkInc. and Walmart, Case Inc., No. 2:2121-cv-02061cv- 60643-RKA (S.D. Fla.), or similar identifying words such as “Personal Touch Holding Corp. Data Breach LawsuitVirgin Scent” or “Artnaturals” and “Hand Sanitizer Litigation”); (b) state the name and address of the Settlement Class Member seeking exclusion; (c) state “Request for Exclusion” or words communicating the person’s request for exclusion from the Settlement Class; and (d) must be signed by the Settlement Class Member. A request for exclusion that does not include the foregoing information, or that is sent to an address other than the one designated in the Notice, or that is not received within the specified time shall be invalid and the Settlement Class Member serving such a request shall, if the Final Approval Order and Judgment is entered, be considered a Settlement Class Member and shall be bound by any judgment entered herein with respect to the Settlement Class. The Settlement Administrator shall forward a list of all requests for exclusion to Class Counsel and to Defendant’s Counsel within 7 days of the Opt-Out Deadline. If the Final Approval Order and Judgment is entered, any Settlement Class Member who has not submitted a timely, valid written request for exclusion from the Settlement Class shall be bound by all subsequent proceedings, orders, and judgments in this action, including but not limited to the Release set forth in the Final Approval Order and Judgment. Settlement Class Members who submit valid and timely requests for exclusion shall not be entitled to receive any benefits from the Settlement. Upon entry of the Order and Final Judgment all members of the Settlement Class who have not personally, validly, and timely requested to be excluded from the Settlement Class will be enjoined from proceeding against the Released Persons under the Settlement Agreement with respect to the Release Claims.