Common use of Objections to the Settlement Clause in Contracts

Objections to the Settlement. 80. Any Settlement Class Member who wishes to object to the proposed Settlement must file with the Court a written objection(s) to the Settlement. 81. Each Objection must (i) set forth the Settlement Class Member’s full name, current address, telephone number; (ii) contain the Settlement Class Member’s original signature; (iii) state that the Settlement Class Member objects to the Settlement in whole or in part; (iv) set forth a statement of the legal and factual basis for the Objection; and (v) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position. 82. Objections must be filed with the Court and served on Class Counsel and Defendants’ Counsel no later than sixty (60) days after the Notice Date (the “Objection Deadline”). The Objection Deadline shall be included in the Short Form and Long Form Notices. 83. Counsel for Plaintiffs and Defendants may respond to the Objections, if any, by means of a memorandum of law, filed and served prior to the Final Approval Hearing. 84. An objecting Settlement Class Member has the right, but is not required to, attend the Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file a notice of appearance with the Court, as well as serve notice on Class Counsel and Defendants’ Counsel by the Objection Deadline. 85. Any Settlement Class Member who fails to submit a timely Objection per the terms of this Agreement, the Long Form Notice, and as otherwise ordered by the Court, shall not be treated as having filed a valid Objection to the Settlement and shall forever be barred from raising any objection to the Settlement.

Objections to the Settlement. 801. Any Settlement Class Member who wishes to object to the proposed Settlement must file with mail or hand-deliver written objections to the Court a written objection(sSettlement (“Objections”) to the SettlementSettlement Administrator, at the address set forth in the Notice, and mail or hand-deliver the Objections simultaneously to the Court. Objections may be filed by counsel for a Settlement Class Member. 812. Each To be valid, each Objection must must: (i) set forth the Settlement Class Member’s full name, current address, and telephone number; (ii) contain the Settlement Class Member’s original signaturesignature or the signature of counsel for the Settlement Class Member; (iii) state that the Settlement Class Member objects to the Settlement Settlement, in whole or in part; (iv) set forth a statement of the legal and factual basis for the Objection; and (iv) contain facts supporting the person’s status as a Settlement Class Member; (v) provide include copies of any documents that the Settlement Class Member wishes to submit in support of his/her position; and (vi) include the following language immediately above the Class Member’s signature and date: “I declare under penalty of perjury that the factual statements asserted herein are true and correct to the best of my knowledge and belief.” 823. The Parties will recommend that all Objections must should be filed with mailed or hand- delivered to the Court and mailed or hand-delivered to the Settlement Administrator no less than forty-five (45) days after Notice Begins. The deadline for filing objections shall be included in the Notice. An objector is not required to attend the Final Approval Hearing. 4. Any Settlement Class Member who submits a written objection, as described in this Section, has the option to, but is not required to, appear at the Final Approval Hearing, either in person or through personal counsel hired at the Settlement Class Member’s expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys’ fees. However, Settlement Class Members (with or without their attorneys) intending to make an appearance at the Final Approval Hearing must include on a timely and valid Objection a statement substantially similar to “Notice of Intention to Appear.” If an objecting Settlement Class Member (either with or without his or her attorney or through his or her attorney acting on his or her behalf) intends to speak at the Final Approval Hearing in support of the objection, the Settlement Class Member’s objection must state this intention in a “Notice of Intention to Appear” served on the Settlement Administrator, Class Counsel and Defendants’ Counsel no later than sixty fourteen (6014) days after the Notice Date (the “Objection Deadline”). The Objection Deadline shall be included in the Short Form and Long Form Notices. 83. Counsel for Plaintiffs and Defendants may respond to the Objections, if any, by means of a memorandum of law, filed and served prior to the Final Approval Hearing. 84. An objecting Settlement Class Member has the right, but is not required to, attend before the Final Approval Hearing. If an the objecting Settlement Class Member intends to appear at the Final Approval Hearing, either Hearing with or without through counsel, he or she must also file identify the attorney(s) representing the objector who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, email address, and the state bar(s) to which counsel is admitted in the Notice of Intention to Appear. If the objecting Settlement Class Member (or their Counsel) intends to request the Court to allow the Settlement Class Member to call witnesses at the Final Approval Hearing, such request must be made in the Settlement Class Member’s written objection, which must also contain a notice list of appearance with any such witnesses and a summary of each witness’s expected testimony. Only Settlement Class Members who submit timely Objections including Notices of Intention to Appear may speak at the CourtFinal Approval Hearing. If a Settlement Class Member makes an objection through an attorney, as well as serve notice on the Settlement Class Counsel Member will be responsible for his or her personal attorneys’ fees and Defendants’ Counsel by the Objection Deadlinecosts. 855. Any Settlement Class Member who fails to does not submit a timely Objection per the terms of in complete accordance with this Settlement Agreement, the Long Form Class Notice, and otherwise as otherwise ordered by the Court, Court shall not be treated as having filed a valid Objection to the Settlement and shall forever be barred from raising any objection to the Settlement. The Parties shall have discretion, subject to Court approval, to treat any purported Objections that are deficient in any way mentioned in this Section as valid Objections. 6. If and when the Settlement becomes final, the Parties shall bear their own costs and attorney’s fees not otherwise awarded in accordance with this Settlement Agreement.

Objections to the Settlement. 8046. Any Settlement Class Member who wishes to object to the proposed Settlement must file with the Court a and either mail or hand-deliver written objection(sobjections to the Settlement (“Objections”) to Class Counsel and EHS’s Counsel, at the Settlementaddresses set forth in the Long-Form Notice. 8147. Each Objection must (i) set forth the Settlement Class Member’s full name, current address, and telephone number; (ii) contain the Settlement Class Member’s original signature; (iii) state that the Settlement Class Member objects to the Settlement Settlement, in whole or in part; (iv) set forth a statement of the legal and factual basis for the Objection; and (v) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position. 8248. The Parties will recommend that all Objections must should be filed with the Court and served on or mailed or hand-delivered to Class Counsel and Defendants’ EHS’s Counsel no later than sixty ninety (6090) days Days after the Notice Date entry of the Preliminary Approval Order (the “Objection Deadline”). The Objection Deadline shall be included in the Short Form and Long Form NoticesNotice. 8349. Settlement Class Counsel for Plaintiffs and Defendants may EHS’s Counsel may, but need not, respond to the Objections, if any, by means of a memorandum of law, filed and law served prior to the Final Approval Hearing. 8450. An objecting Settlement Class Member has the right, but is not required torequired, to attend the Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also file a notice of appearance with the Court, Court (as well as serve notice on Class Counsel and Defendants’ Counsel EHS’s Counsel) by the Objection Deadline. 85. (a) If the objecting Settlement Class Member intends to appear at the Final Approval Hearing through counsel, he or she must also identify the attorney(s) representing the objecting Settlement Class Member who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, e-mail address, state bar(s) to which counsel is admitted, as well as associated state bar numbers. (b) Any Settlement Class Member who fails to timely file and serve a written Objection and notice of his or her intent to appear at the Final Approval Hearing pursuant to this Settlement Agreement, as detailed in the Long-Form Notice, shall not be permitted to object to the approval of the Settlement at the Final Approval Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Settlement Agreement by appeal or other means. Any objecting Settlement Class Member who appeals a grant of the Final Approval Order or Final Judgment will be required to post an appeal bond. 51. Any Settlement Class Member who does not submit a timely Objection per the terms of in complete accordance with this Settlement Agreement, the Long Long-Form Notice, and otherwise as otherwise ordered by the Court, Court shall not be treated as having filed a valid Objection to the Settlement and shall forever be barred from raising any objection to the Settlement.

Objections to the Settlement. 80. Any Settlement Class Member who wishes to object to the proposed fairness, reasonableness or adequacy of this Settlement must file with Agreement, the Court a written objection(s) Consent Decree, or to the Settlement. 81. Each Objection must requested amount of attorneys’ fees and expenses must, by the date specified in the Class Notice (iwhich will be 60 days after the Notice Date) set forth the Settlement Class Member’s full name, current address, telephone number; (ii) contain the Settlement Class Member’s original signature; (iii) state that the Settlement Class Member objects deliver to the Settlement in whole or in part; (iv) set forth a statement of the legal and factual basis for the Objection; and (v) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position. 82. Objections must be filed with the Court and served on Class Counsel and Defendants’ Counsel no later than sixty (60) days after and file with the Notice Date (Court a statement of the “Objection Deadline”objection, as well as the specific reason(s). The Objection Deadline shall be included in the Short Form and Long Form Notices. 83. Counsel for Plaintiffs and Defendants may respond to the Objections, if any, by means for the objection, including any legal support and any evidence the Class Member wishes to introduce in support of the objection. Any Class Member may so object either on their own or through an attorney hired at their own expense. Any Class Member who files and serves a memorandum written objection, as described in this Section, may appear at the Fairness Hearing, either in person or through personal counsel hired at that Class Member’s expense, to object to the fairness, reasonableness or adequacy of law, filed this Settlement Agreement or to the requested attorneys’ fees and served expenses. Class Members or their attorneys intending to make an appearance at the Fairness Hearing pursuant to their objection must no later than 14 days prior to the Final Approval Fairness Hearing. 84. An objecting Settlement Class Member has the right, but is not required to, attend the Final Approval Hearing. If an objecting Settlement Class Member intends to appear at the Final Approval Hearing, either with or without counsel, he or she must also : (1) file a notice of appearance intention to appear with the Court, as well as serve notice on ; (2) deliver to Class Counsel and Defendants’ Counsel by a copy of such notice of intention; and (3) identify any documents they will seek to introduce or witnesses they intend to call at the Objection Deadline. 85Fairness Hearing. The Parties and their respective counsel shall not solicit or encourage any objections. Any Settlement Class Member who fails to submit a timely Objection per comply with this Section shall waive and forfeit any and all rights that the Class Member may have to appear separately or object, or to take any appeal of the orders or judgments, and shall be bound by all the terms of this the Settlement Agreement, the Long Form NoticeConsent Decree and by all proceedings, order, and as otherwise ordered by judgments related thereto, including but not limited to the Court, shall Order Granting Final Approval. The Parties and their respective counsel will not be treated as having filed a valid Objection solicit Class Members to submit written objections to the Settlement and shall forever be barred or appeal from raising any objection to the SettlementCourt’s Order Granting Final Approval.

Objections to the Settlement. 801. Any member of the Settlement Class Member who wishes to does not submit a valid Request for Exclusion may object to certification of the proposed Settlement must file with Class, or to the Court terms of this Settlement Agreement, by submitting to the Court, Class Counsel, and Defendant’s Counsel a written objection(s) Objection (“Objection”). 2. All Objections must be mailed to the SettlementCourt, Class Counsel, and Defendant’s Counsel at the addresses set forth in the Class Action Settlement Notice. 81. Each Objection must (i) set forth the Settlement Class Member’s full name, current address, telephone number; (ii) contain the Settlement Class Member’s original signature; (iii) state that the Settlement Class Member objects to the Settlement in whole or in part; (iv) set forth a statement of the legal and factual basis for the Objection; and (v) provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position. 823. Objections must be filed with the Court and served on Class Counsel and Defendants’ Counsel postmarked no later than sixty fourteen (6014) days after the Notice Date Date, which will be six (6) months and twenty (20) business days after the “Objection Deadline”). The Objection Deadline shall be included in entry of the Short Form and Long Form NoticesOrder of Preliminary Approval of the Settlement Agreement. 834. Counsel for Plaintiffs Persons submitting Objections must state in their Objection their full name and Defendants may respond to current address. 5. Persons submitting Objections must state in writing all of their Objections and the Objectionsreasons therefore, if anyand include any and all supporting papers (including, by means of a memorandum of lawwithout limitation, filed all briefs, written evidence, and served declarations). 6. At least ten (10) days prior to the date of the scheduled Fairness Hearing, Class Counsel and Settlement Administrator shall provide to Defendant’s Counsel a list of all Settlement Class Members who have validly submitted Objections to the Settlement Agreement or to the proposed Order Granting Final Approval Hearingof Settlement Agreement. 847. An objecting Settlement Class Member has the right, but is not required to, attend the Final Approval Hearing. If an objecting Settlement Class Member intends Persons submitting Objections who wish to appear at the Final Approval Fairness Hearing, either with or without counseland present their Objections to the Court orally, he or she must also file mail a notice written statement of appearance with intent to appear at the Fairness Hearing to the Court, as well as serve notice on Class Counsel and Defendants’ Counsel by the Objection Deadline. 85. Any Settlement Class Member who fails to submit a timely Objection per the terms of this Agreement, the Long Form NoticeCounsel, and as otherwise ordered by Defendant’s Counsel at least (10) days prior to the Court, shall date of the scheduled Fairness Hearing. Only persons who specify in their Objections that they intend to appear at the Fairness Hearing will have the right to present their Objections orally at the Fairness Hearing. Persons who do not submit timely written Objections and intent to appear at the Fairness Hearing to the Court will not be treated as having filed a valid Objection permitted to present their Objections at the Settlement and shall forever be barred from raising any objection to the SettlementFairness Hearing.