Opt-Out Procedure. 56. Any person or entity in the Settlement Class shall have the right to opt out of the Settlement Class and not participate in the Settlement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid. 57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid. 58. The Long Form Notice shall inform each person in the Settlement Class of the right to opt out of the Settlement Class and not to be bound by this Settlement Agreement if, by the Opt-Out Deadline, the individual completes, signs, and timely submits an Opt-Out Request to the Settlement Administrator at the address set forth in the Notice. 59. For an Opt-Out Request to be valid, it must: a. State the full name, address, telephone number, and email address (if any) of the person or entity who is opting out; b. Contain the personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, to act on behalf of the person or entity who is opting out); and c. Clearly state the person’s or entity’s intent to be excluded from the Settlement Class and to waive all rights to the benefits of the Settlement. 60. The Settlement Administrator shall promptly inform Class Counsel and Wawa of all Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s Counsel. 61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member. 62. All persons and entities in the Settlement Class who submit timely and valid Opt- Out Requests in the manner set forth in Paragraph 59 above, referred to herein as “Opt-Outs,” shall receive no compensation under the Settlement, shall gain no rights from the Settlement, shall not be bound by the Settlement and the Release, and shall have no right to object to the Settlement. 63. All Settlement Class Members who do not request to opt out of the Settlement Class in the manner set forth in Paragraph 59 above shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIII, and any judgment entered thereon, regardless of whether the Settlement Class Member files a Claim Form or receives any benefits from the Settlement. 64. An Opt-Out Request that does not fully comply with the requirements set forth in Paragraph 59 above, or that is not timely submitted or postmarked, shall be invalid and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. The Settlement Administrator will notify the Settlement Class Member. 65. Within ten (10) days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to Wawa’s Counsel a complete list of all timely and valid Opt- Out Requests (the “Opt-Out List”). 66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 3 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Opt-Out Procedure. 56. Any person or entity in the 6.1 Each Settlement Class Member shall have the right to opt out of the Settlement Class and not participate in the SettlementSettlement Agreement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
58. 6.2 The Long Form Notice shall inform each person in the Settlement Class Member of the his or her right to opt out of request exclusion from the Settlement Class and not to be bound by this Settlement Agreement Agreement, if, within such time as is ordered by the Court (“Opt-Out DeadlinePeriod”), the individual Settlement Class Member personally signs and timely submits, completes, signs, and timely submits an mails a request for exclusion (“Opt-Out Request Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period.
59. 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- Day period beginning upon the Notice Deadline.
6.4 For an a Settlement Class Member’s Opt-Out Request to be valid, it must:
a. State the must (a) state his or her full name, address, and telephone number, and email address ; (if anyb) of contain the person or entity who is opting out;
b. Contain the Settlement Class Member’s personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian guardian, or person acting under a power of attorney, attorney to act on behalf of the person Settlement Class Member with respect to a claim or entity who is opting outright, such as those in the Lawsuit); and
c. Clearly state and (c) clearly manifest the person’s or entitySettlement Class Member’s intent to be excluded from the Settlement Class and Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.
60. The Settlement Administrator shall promptly inform Class Counsel and Wawa U-Haul Counsel of all any Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s CounselRequests.
61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a 6.5 All Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class Members who submit timely and valid Opt- Opt-Out Requests in the manner set forth in Paragraph 59 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under the Settlementthis Settlement Agreement, shall gain no rights from the SettlementSettlement Agreement, shall not be bound by the Settlement and the ReleaseAgreement, and shall have no right to object to the Settlement.
63Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. All Settlement Class Members who do not request to opt out of be excluded from the Settlement Class in the manner set forth in Paragraph 59 above 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIIIherein, and any judgment entered thereon, regardless of whether the Settlement Class Member he or she files a Claim Form or receives any monetary benefits from the Settlement.
64. 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 59 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon.
6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. The Settlement Administrator will notify Any such purported Opt-Out Requests shall be void, and the Settlement Class MemberMember(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request.
65. 6.8 Within ten fourteen (1014) days Days after the Opt-Out DeadlinePeriod, the Settlement Administrator shall furnish to Class Counsel and to Wawa’s U-Haul Counsel a complete list of all timely and valid Opt- Out Requests (the “Opt-Out List”).
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Opt-Out Procedure. 5639. Any person or entity in Each member of the Settlement Class shall have the right to opt out of request exclusion from the Settlement Class and not participate in the SettlementSettlement Agreement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
5840. The Long Short-Form Notice and Long-Form Notices shall inform each person in the Settlement Class Member of the his or her right to opt out of request exclusion from the Settlement Class and not to be bound by this Settlement Agreement Agreement, if, by before the Opt-Out Deadline, the individual completes, signs, Settlement Class Member personally completes and timely submits an mails a request for exclusion (“Opt-Out Request Request”) to the Settlement Administrator at the address set forth in the Notice.
5941. For an a Settlement Class Member’s Opt-Out Request to be valid, it must:
a. State the must (a) state his or her full name, address, and telephone number, and email address ; (if anyb) of contain the person or entity who is opting out;
b. Contain the Settlement Class Member’s personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, attorney to act on behalf of the person Settlement Class Member with respect to a claim or entity who is opting outright such as those in the Action); and
c. Clearly and (c) state unequivocally the person’s or entitySettlement Class Member’s intent to be excluded from the Settlement Class and to waive all rights to the benefits of from the Settlement.
60. The Settlement Administrator shall promptly inform Class Counsel and Wawa EHS’s Counsel of all valid and timely Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s Counsel.
61. If a person or entity submits both a Claim Form and a request to opt outRequests, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a with all such Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class who submit timely and valid Opt- Out Requests in the manner set forth in Paragraph 59 above, Members being referred to herein as “Opt-Outs,” Out Member(s).”
42. Opt-Out Members shall receive no benefit or compensation under the Settlement, shall gain no rights from the Settlement, shall not be bound by the this Settlement and the Release, Agreement and shall have no right to object to the Settlementproposed Settlement Agreement or attend the Final Approval Hearing.
6343. All Settlement Class Members who do not A request to opt out of the Settlement Class in the manner set forth in Paragraph 59 above shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIII, and any judgment entered thereon, regardless of whether the Settlement Class Member files a Claim Form or receives any benefits from the Settlement.
64. An Opt-Out Request for exclusion that does not fully comply with all of the requirements set forth in Paragraph 59 aboveforegoing, or that is not timely submitted or postmarked, shall be invalid and the person submitting such request shall be treated as a Settlement Class Member and be bound postmarked by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. The Settlement Administrator will notify the Settlement Class Member.
65. Within ten (10) days after the Opt-Out Deadline, or that is sent to an address other than that set forth in the Notice shall be invalid, and that Settlement Class Member shall remain in and be treated as being in the Settlement Administrator shall furnish to Class Counsel and to Wawa’s Counsel a complete list of all timely as being bound by this Settlement Agreement and valid Opt- Out Requests (the “Opt-Out List”)release contained herein.
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedure. 56. Any person or entity in the 6.1 Each Settlement Class Member shall have the right to opt opt-out of the Settlement Class and not participate in the SettlementSettlement Agreement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
58. 6.2 The Long Form Notice shall inform each person in the Settlement Class Member of the his or her right to opt out of request exclusion from the Settlement Class and not to be bound by this Settlement Agreement Agreement, if, within such time as is ordered by the Court (“Opt-Out DeadlinePeriod”), the individual Settlement Class Member personally signs and timely submits, completes, signs, and timely submits an mails a request for exclusion (“Opt-Out Request Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period.
59. 6.3 The Parties will recommend to the Court that the Opt-Out Period be the ninety (90) Day period beginning upon the entry of the Preliminary Approval Order.
6.4 For an a Settlement Class Member’s Opt-Out Request to be valid, it must:
a. State the must (a) state his or her full name, address, and telephone number, and email address ; (if anyb) of contain the person or entity who is opting out;
b. Contain the Settlement Class Member’s personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, attorney to act on behalf of the person Settlement Class Member with respect to a claim or entity who is opting outright such as those in the Action); and
c. Clearly and (c) state unequivocally the person’s or entitySettlement Class Member’s intent to be excluded from the Settlement Class and Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.
60. The Settlement Administrator shall promptly inform Settlement Class Counsel and Wawa Clearway Counsel of all any Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s CounselRequests.
61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a 6.5 All Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class Members who submit timely and valid Opt- Opt-Out Requests in the manner set forth in Paragraph 59 paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under the Settlementthis Settlement Agreement, shall gain no rights from the SettlementSettlement Agreement, shall not be bound by the Settlement and the ReleaseAgreement, and shall have no right to object to the Settlement.
63Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. All Settlement Class Members who do not request to opt out of be excluded from the Settlement Class in the manner set forth in Paragraph 59 above paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIIIherein, and any judgment entered thereon, regardless of whether the Settlement Class Member he or she files a Claim Form or receives any monetary benefits from the Settlement.
64. 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 59 paragraph 6.4 above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon.
6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. The Settlement Administrator will notify Any such purported Opt-Out Requests shall be void, and the Settlement Class MemberMember(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request.
65. 6.8 Within ten seven (107) days Days after the last Day of the Opt-Out DeadlinePeriod, the Settlement Administrator shall furnish to Settlement Class Counsel and to Wawa’s Clearway Counsel a complete list of all timely and valid Opt- Opt-Out Requests (the “Opt-Out List”).
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedure. 5653. Any person or entity in Each member of the Settlement Class shall have the right to opt out of request exclusion from the Settlement Class and not participate in the SettlementSettlement Agreement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
5854. The Long Short-Form Notice Notices shall inform each person in the Settlement Class Member of the his or her right to opt out of request exclusion from the Settlement Class and not to be bound by this Settlement Agreement Agreement, if, by before the Opt-Out Deadline, the individual completes, signs, Settlement Class Member personally completes and timely submits an mails a request for exclusion (“Opt-Out Request Request”) to the Settlement Administrator at the address set forth in the NoticeShort-Form Notices.
5955. For an a Settlement Class Member’s Opt-Out Request to be valid, it must:
a. State the must (a) state his or her full name, address, and telephone number, and email address ; (if anyb) of contain the person or entity who is opting out;
b. Contain the Settlement Class Member’s personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian guardian, or person acting under a power of attorney, attorney to act on behalf of the person Settlement Class Member with respect to a claim or entity who is opting outright such as those in the Litigation); and
c. Clearly and (c) state unequivocally the person’s or entitySettlement Class Member’s intent to be excluded from the Settlement Class and to waive all rights to the benefits of from the Settlement.
60. The Settlement Administrator shall promptly inform Class Counsel and Wawa NorthStar’s Counsel of all valid and timely Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s Counsel.
61. If a person or entity submits both a Claim Form and a request to opt outRequests, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a with all such Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class who submit timely and valid Opt- Out Requests in the manner set forth in Paragraph 59 above, Members being referred to herein as “Opt-Outs,” Out Member(s).”
56. Opt-Out Members shall receive no benefit or compensation under the Settlement, shall gain no rights from the Settlement, shall not be bound by the this Settlement and the Release, Agreement and shall have no right to object to the Settlementproposed Settlement Agreement or address the Court at the Final Approval Hearing.
6357. All Settlement Class Members who do not A request to opt out of the Settlement Class in the manner set forth in Paragraph 59 above shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIII, and any judgment entered thereon, regardless of whether the Settlement Class Member files a Claim Form or receives any benefits from the Settlement.
64. An Opt-Out Request for exclusion that does not fully comply with all of the requirements set forth in Paragraph 59 aboveforegoing, or that is not timely submitted or postmarked, shall be invalid and the person submitting such request shall be treated as a Settlement Class Member and be bound postmarked by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. The Settlement Administrator will notify the Settlement Class Member.
65. Within ten (10) days after the Opt-Out Deadline, or that is sent to an address other than that set forth in the Short-Form Notices shall be invalid, and that Settlement Class Member shall remain in and be treated as being in the Settlement Administrator shall furnish to Class Counsel and to Wawa’s Counsel a complete list of all timely as being bound by this Settlement Agreement and valid Opt- Out Requests (the “Opt-Out List”)release contained herein.
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedure. 56. Any person or entity in the 6.1 Each Settlement Class Member shall have the right to opt opt-out of the Settlement Class and not participate in the SettlementSettlement Agreement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
58. 6.2 The Long Form Notice shall inform each person in the Settlement Class Member of the his or her right to opt out of request exclusion from the Settlement Class and not to be bound by this Settlement Agreement Agreement, if, within such time as is ordered by the Court (“Opt-Out DeadlinePeriod”), the individual Settlement Class Member personally signs and timely submits, completes, signs, and timely submits an mails a request for exclusion (“Opt-Out Request Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period.
59. 6.3 The Parties will recommend to the Court that the Opt-Out Period be the ninety (90) Day period beginning upon the entry of the Preliminary Approval Order.
6.4 For an a Settlement Class Member’s Opt-Out Request to be valid, it must:
a. State the must (a) state his or her full name, address, and telephone number, and email address ; (if anyb) of contain the person or entity who is opting out;
b. Contain the Settlement Class Member’s personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, attorney to act on behalf of the person Settlement Class Member with respect to a claim or entity who is opting outright such as those in the Action); and
c. Clearly and (c) state unequivocally the person’s or entitySettlement Class Member’s intent to be excluded from the Settlement Class and Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.
60. The Settlement Administrator shall promptly inform Class Settlement Mercy Counsel and Wawa Mercy Counsel of all any Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s CounselRequests.
61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a 6.5 All Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class Members who submit timely and valid Opt- Opt-Out Requests in the manner set forth in Paragraph 59 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under the Settlementthis Settlement Agreement, shall gain no rights from the SettlementSettlement Agreement, shall not be bound by the Settlement and the ReleaseAgreement, and shall have no right to object to the Settlement.
63Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. All Settlement Class Members who do not request to opt out of be excluded from the Settlement Class in the manner set forth in Paragraph 59 above 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIIIherein, and any judgment entered thereon, regardless of whether the Settlement Class Member he or she files a Claim Form or receives any monetary benefits from the Settlement.
64. 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 59 6.4 above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon.
6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. The Settlement Administrator will notify Any such purported Opt-Out Requests shall be void, and the Settlement Class MemberMember(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request.
65. 6.8 Within ten seven (107) days Days after the last Day of the Opt-Out DeadlinePeriod, the Settlement Administrator shall furnish to Settlement Class Counsel and to Wawa’s Mercy Counsel a complete list of all timely and valid Opt- Opt-Out Requests (the “Opt-Out List”).
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedure. 56. Any person or entity in the 6.1 Each Settlement Class Member shall have the right to opt out of the Settlement Class and not participate in the SettlementSettlement Agreement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
58. 6.2 The Long Form Notice shall inform each person in the Settlement Class Member of the his or her right to opt out of request exclusion from the Settlement Class and not to be bound by this Settlement Agreement Agreement, if, within such time as is ordered by the Court (“Opt-Out DeadlinePeriod”), the individual Settlement Class Member personally signs and timely submits, completes, signs, and timely submits an mails a request for exclusion (“Opt-Out Request Request”) to the Settlement Claims Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period.
59. 6.3 The Parties will recommend to the Court that the Opt-Out Period be the sixty (60)- Day period beginning upon the Notice Deadline.
6.4 For an a Settlement Class Member’s Opt-Out Request to be valid, it must:
a. State the must (a) state his or her full name, address, and telephone number, and email address ; (if anyb) of contain the person or entity who is opting out;
b. Contain the Settlement Class Member’s personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian guardian, or person acting under a power of attorney, attorney to act on behalf of the person Settlement Class Member with respect to a claim or entity who is opting outright, such as those in the Lawsuit); and
c. Clearly state and (c) clearly manifest the person’s or entitySettlement Class Member’s intent to be excluded from the Settlement Class and Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement.
60. The Settlement Claims Administrator shall promptly inform Settlement Class Counsel and Wawa PracticeMax Counsel of all any Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s CounselRequests.
61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a 6.5 All Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class Members who submit timely and valid Opt- Opt-Out Requests in the manner set forth in Paragraph 59 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under the Settlementthis Settlement Agreement, shall gain no rights from the SettlementSettlement Agreement, shall not be bound by the Settlement and the ReleaseAgreement, and shall have no right to object to the Settlement.
63Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. All Settlement Class Members who do not request to opt out of be excluded from the Settlement Class in the manner set forth in Paragraph 59 above 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIIIherein, and any judgment entered thereon, regardless of whether the Settlement Class Member he or she files a Claim Form or receives any monetary benefits from the Settlement.
64. 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in Paragraph 59 6.4, above, or that is not timely submitted or postmarked, or that is sent to an address other than that set forth in the Notice, shall be invalid invalid, and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon.
6.7 No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. The Settlement Administrator will notify Any such purported Opt-Out Requests shall be void, and the Settlement Class MemberMember(s) who is or are the subject of such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Opt-Out Request.
65. 6.8 Within ten fourteen (1014) days Days after the last Day of the Opt-Out DeadlinePeriod, the Settlement Claims Administrator shall furnish to Settlement Class Counsel and to Wawa’s PracticeMax Counsel a complete list of all timely and valid Opt- Opt-Out Requests (the “Opt-Out List”).
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
Appears in 1 contract
Samples: Settlement Agreement
Opt-Out Procedure. 56. Any person or entity in the Settlement Class shall have the right to opt out of the Settlement Class and not participate in the Settlement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid.
57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid.
58. The Long Form Notice shall inform each person in the Settlement Class of the right to opt out of the Settlement Class and not to be bound by this Settlement Agreement if, by the Opt-Out Deadline, the individual completes, signs, and timely submits an Opt-Out Request to the Settlement Administrator at the address set forth in the Notice.
59. For an Opt-Out Request to be valid, it must:
a. State the full name, address, telephone number, and email address (if any) of the person or entity who is opting out;
b. Contain the personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, to act on behalf of the person or entity who is opting out); and
c. Clearly state the person’s or entity’s intent to be excluded from the Settlement Class and to waive all rights to the benefits of the Settlement.
60. The Settlement Administrator shall promptly inform Class Counsel and Wawa of all Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and WawaXxxx’s Counsel.
61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member.
62. All persons and entities in the Settlement Class who submit timely and valid Opt- Out Requests in the manner set forth in Paragraph 59 above, referred to herein as “Opt-Outs,” shall receive no compensation under the Settlement, shall gain no rights from the Settlement, shall not be bound by the Settlement and the Release, and shall have no right to object to the Settlement.
63. All Settlement Class Members who do not request to opt out of the Settlement Class in the manner set forth in Paragraph 59 above shall be bound by the terms of this Settlement Agreement, including the Release contained below in Section XIII, and any judgment entered thereon, regardless of whether the Settlement Class Member files a Claim Form or receives any benefits from the Settlement.
64. An Opt-Out Request that does not fully comply with the requirements set forth in Paragraph 59 above, or that is not timely submitted or postmarked, shall be invalid and the person submitting such request shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and any judgment entered thereon. The Settlement Administrator will notify the Settlement Class Member.
65. Within ten (10) days after the Opt-Out Deadline, the Settlement Administrator shall furnish to Class Counsel and to Wawa’s Counsel a complete list of all timely and valid Opt- Out Requests (the “Opt-Out List”).
66. The Opt-Out List shall be filed with the Court in connection with Plaintiffs’ motion for Final Approval of the Settlement and shall be referenced in the Final Judgment.
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Samples: Settlement Agreement