OPT-OUT PARTIES Sample Clauses

OPT-OUT PARTIES. 6.1 All persons and/or entities included within the Class Definition but who properly file a timely written request to opt out of the Class Settlement as set forth in Section 6.1(a) below will not be included as Class Members, shall have no rights as Class Members pursuant to this Settlement Agreement, and shall receive no payments as provided herein. (a) A request to opt out of the Class Settlement must be in writing and state the name, address and phone number of the person(s) seeking to opt out. Each request must also contain a duly authorized and signed statement that: “I hereby request that I be excluded from the proposed Class Settlement in the Opelousas General Class Action.” The request must be mailed to the PSC at the address provided in the Class Notice and postmarked by the deadline specified in the Class Notice. An opt out request that does not include all of the foregoing information, that is sent to an address other than the one designated in the Class Notice, or that is not postmarked within the time or sent in the manner specified, shall be invalid and the person or entity serving such a request shall be included as a Class Member and shall be bound by this settlement. (b) The PSC shall make best efforts to encourage the clients they represent, to remain a Class Member and not opt out of the Class. The PSC likewise acknowledge that each of them and their firms have an unwaivable conflict of interest in representing any Opt-Out Party. 6.2 The PSC shall forward, by electronic mail and overnight mail, copies of all opt out requests to counsel for BCBSLA no later than ten (10) days after the deadline for Class Members to submit such opt out requests. Within fifteen (15) business days after the expiration of the period for persons or entities within the Class Definition to opt out of the Class, the PSC and counsel for BCBSLA shall collectively prepare a list identifying all Opt-Out Parties, any actions in which such Opt-Out Parties have asserted claims related to any Benefit Event against any of the Released Parties, the number of Benefit Events reflected in claims asserted by Opt-Out Parties, and the types of claims asserted by such Opt-Out Parties. This description of any such actions shall be amended from time to time as further information becomes available to the PSC and counsel for BCBSLA. Further, immediately following the end of such fifteen-day period, the PSC and counsel for BCBSLA shall hold a conference to review the nature and statu...
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OPT-OUT PARTIES. 6.1 Within fifteen (15) calendar days after the expiration of the period for Class Members to opt out of the Class as Defined, the PSC and counsel for Focus shall jointly prepare a list identifying all Opt-Out Parties, any actions in which such Opt-Out Parties have asserted claims related to the Episode against any of the Released Parties, and the types of claims asserted by such Opt-Out Parties. This list shall be amended from time to time as further information becomes available to the PSC and counsel for Focus. Further, during such fifteen-day period, the PSC and counsel for Focus shall hold a conference to review the nature and status of all Opt-Out Parties. 6.2 If there are any Opt-Out Parties, the sum of One Million Two Hundred Thousand and No/100 ($1,200,000.00) Dollars shall be reserved, earmarked, and escrowed from the funds on deposit in the Escrow Account (pursuant to Section 10.1(a)) and placed within an opt-out reserve; provided, however, if at any time after the establishment of the Opt-Out Reserve, (a) the PSC, acting through ▇▇▇▇▇▇ ▇. ▇▇▇▇, and (b) Focus, acting through ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇., both determine that the amount of the Opt-Out Reserve should be reduced, the amount of the Opt-Out Reserve shall be so reduced. 6.3 The Opt-Out Reserve may be used by Focus, in its sole discretion, to pay settlement or judgment amounts to Opt-Out Parties and/or litigation costs/expenses associated with litigating the claims of the Opt-Out Parties. 6.4 The Opt-Out Reserve shall be terminated upon the earliest of the following to occur: (a) the date when all claims of Opt-Out Parties are released or dismissed with prejudice, or (b) the date when the amount held in the Opt-Out Reserve is reduced to zero, or (c) such earlier date as agreed upon, in writing, by (i) the PSC, acting through ▇▇▇▇▇▇ ▇. ▇▇▇▇, and (ii) Focus, acting through ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇. Upon the termination of the Opt-Out Reserve and the payment therefrom of all valid claims made against the Opt-Out Reserve, any funds then remaining in the Opt-Out Reserve shall be transferred to the Class Settlement Fund upon written agreement of (a) the PSC, acting through ▇▇▇▇▇▇ ▇. ▇▇▇▇, and (b) Focus, acting through ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇., to be used by the PSC and/or the Special Master to pay any other contingencies deemed worthy of payment. 6.5 Further, if, in its sole discretion, Focus determines that given the number of Opt-Out Parties, the Opt-Out Reserve established pursuant to Section 6.2 ...
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Related to OPT-OUT PARTIES

  • CONTRACT USAGE AGREEMENT PARTIES Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services: ▪ Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; ▪ Federal governmental agencies or entities; ▪ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ▪ Federally-recognized Indian Tribes located in the State of Washington.

  • MCUA PARTIES Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: ▪ Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; ▪ Federal governmental agencies or entities; ▪ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ▪ Federally-recognized Indian Tribes located in the State of Washington.

  • Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control.’

  • Parties Independent The parties are and will at all times remain independent of each other and are not and will not represent themselves to be the agent, joint venturer, partner or employee of the other. No representations will be made or acts taken by either party which could establish or imply any apparent relationship of agency, joint venture, partnership or employment and neither party will be bound in any manner whatsoever by any agreements, warranties or representations made by the other party to any other person or entity, nor with respect to any other action of the other party.

  • Parties This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters and the Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.