NOTICE, OBJECTIONS, AND REQUESTS FOR EXCLUSION Sample Clauses

NOTICE, OBJECTIONS, AND REQUESTS FOR EXCLUSION. 6.1 Notice to the Settlement Class shall be provided in the forms approved by the Court in the Approval Order. 6.2 Class Counsel, with cooperation from Defense Counsel, shall be responsible for all of the following: a. Disseminating within fourteen days of the execution of this Settlement Agreement to the Class Members the Settlement Notice and Request for Exclusion/Opt-Out notice approved by the Court, substantially in the form attached hereto as Attachment E; b. Answering inquiries from Class Members about Opt-Out rights and/or Objections to the Settlement. With regards to this subpart, within fourteen days of the execution of this Agreement, Class Counsel and Defense Counsel shall provide notice to the Class and Subclass members (consistent with the terms of this Agreement and with Attachment E, as approved by the Court), including an explanation of the opt out procedure; c. Keeping track of opt-outs and objections to the Settlement, advising any Class or Subclass Members who express a desire to Opt-Out, as set forth below; and promptly and on an ongoing basis notifying Defense Counsel and the Court, of all such opt-outs and objections by Class and/or Subclass Members, within forty days of receipt of such; and d. Necessary monitoring of compliance with this agreement. e. Such other tasks as Class Counsel and Defense Counsel mutually agree, or as required by the Court. f. For performance of these duties which shall be concluded upon the entry of Final Judgment, Class Counsel shall be entitled to an additional attorneys’ fee of $219/hour (with the first 20 hours to be provided pro xxxx), not to exceed $48,000 annually, in addition to the fee in Section III(F). Class Counsel shall quarterly submit any such requests for attorneys’ fees in performance of these duties. TDCJ shall pay all reasonable fee requests within 45 days of receipt. In the event of a dispute regarding these attorneys’ fees, the Court shall retain continuing jurisdiction to resolve the dispute.
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Related to NOTICE, OBJECTIONS, AND REQUESTS FOR EXCLUSION

  • Requests for Exclusion (Opt-Outs) 8.5.1 Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 60 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative that reasonably communicates the Class Member’s election to be excluded from the Settlement and includes the Class Member’s name, address and email address or telephone number. To be valid, a Request for Exclusion must be timely faxed, emailed, or postmarked by the Response Deadline. 8.5.2 The Administrator may not reject a Request for Exclusion as invalid because it fails to contain all the information specified in the Class Notice. The Administrator shall accept any Request for Exclusion as valid if the Administrator can reasonably ascertain the identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or otherwise susceptible to challenge. If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge. 8.5.3 Every Class Member who does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Paragraphs 6.2 and

  • Requests for Exclusion 9.1 The provisions of this section shall apply to any request by a Class Member for exclusion from the Class. 9.2 Any Class Member may make a request for exclusion by submitting such request in writing as set forth in the Notice. 9.3 Any request for exclusion must be submitted no later than the date specified in the Court’s preliminary approval order. 9.4 Any request for exclusion shall (i) state the Class Member’s full name and current address, (ii) provide the model year and Vehicle Identification Number (“VIN”) of his/her/its Class Vehicle(s) and the approximate date(s) of purchase or lease, and (iii) specifically and clearly state his/her/its desire to be excluded from the Settlement and from the Class. 9.5 Failure to comply with these requirements and to timely submit the request for exclusion will result in the Class Member being bound by the terms of the Settlement Agreement. 9.6 Any Class Member who submits a timely request for exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. 9.7 The Settlement Administrator shall report the names of all Class Members who have submitted a request for exclusion to the Parties on a weekly basis, beginning 30 days after the Notice Date. 9.8 Co-Lead Class Counsel represent and warrant that they have no other agreements with other counsel respecting Class Members, including any agreements with respect to referring, soliciting, or encouraging any Class Members to request to be excluded (or “opt out”) from this agreement. 9.9 Upon certification of the Class in connection with the Preliminary Approval of this agreement, Co-Lead Class Counsel agree to seek in the Preliminary Approval Order from the Court a provision encouraging all written communications to multiple Class Members with respect to this Agreement to be reviewed and approved by Co-Lead Class Counsel and the Court, and Co- Lead Class Counsel agree to abide by that provision as may be required by the Court.

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  • Request for Extension Upon request, the Department may extend the time allowed for both a response to the Letter of Concern and a Corrective Action Plan depending upon the nature of the deficiency. The Provider shall request an extension of time in writing from the Department’s designated representative. The written request shall contain a justification and proposed extension period.

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