Common use of Opt-Out Procedure Clause in Contracts

Opt-Out Procedure. Prior to final approval of this Settlement, Class Members who do not file an objection to the Settlement pursuant to Section 3.4 may exclude themselves from the Settlement by following the procedure outlined in this section and stated in the Class Notice. A Class Member who desires to opt out of the Settlement shall file with the Claims Administrator a timely written notice of opt out, delivered or postmarked no later than sixty (60) days after the Notice Issuance Date, the exact calendar date to be specified in the Class Notice. The notice of opt out must state or include the following to be valid: (i) the name and cause number of the Consolidated Action; (ii) the Class Member’s name, address, and telephone number; (iii) a clear statement that the Class Member desires to opt out of the Settlement; (iv) a clear statement explaining the reason or reasons why the Class Member is choosing to opt out of the Settlement,; (v) whether the Class Member has or intends to retain legal counsel to represent him or her further, and whether the Class Member has or intends to file a lawsuit against Defendants; and (vi) include their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by the Court. No “mass” or “class” opt out requests shall be valid, and no Class Member may submit an opt out request on behalf of any other Class Member. Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely written notices of opt out, if any, to Class Counsel and Counsel for Defendants within fifteen (15) days of the close of the Notice Period. Class Counsel will file the written notices of opt out with the Court within twenty (20) days of the close of the Notice Period. Failure of the Class Member seeking to opt out to fully and completely comply with each of the above-stated requirements for the written notice of opt-out, or to properly and timely serve a copy with the Claims Administrator may result in the notice of opt out not being considered by the Court. The Special Master may, at his sole discretion, contact any individual who submits a written notice of opt out to further ascertain the rational for exclusion and to answer any questions about this Agreement. All Class Members who do not timely and properly opt out shall be Settlement Class Members and shall in all respects be bound by all of the terms of this Agreement and the Final Approved Order with respect to the Class defined herein, and shall be bound by the Release set forth in this Agreement. Class Counsel agrees not to represent any Opt Outs to this Agreement. The Claims Administrator shall collect and tabulate all opt out notices and report to Class Counsel and Defendants’ Counsel at least weekly identifying each opt out person along with information identifying the location and zone of each such opt out.

Opt-Out Procedure. Prior 6.1 Each Settlement Class Member shall have the right to final approval opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 6.2 The Notice shall inform each Settlement Class Member of his or her right to request exclusion from the Settlement Class and not to be bound by this SettlementSettlement Agreement, if, within such time as is ordered by the Court (the “Opt-Out Period”), the Settlement Class Members who do not file an objection Member personally signs and timely submits, completes, and mails a request to be excluded from the Settlement Class (“Opt-Out Request”) to the Settlement pursuant to Section 3.4 may exclude themselves from Administrator at the Settlement by following the procedure outlined in this section and stated address set forth in the Class Notice. A Class Member who desires to opt out of the Settlement shall file with the Claims Administrator a timely written notice of opt outTo be effective, delivered or an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period (“Opt-Out Deadline”). 6.3 The Parties will recommend to the XxXxxxxxxx Court that the Opt-Out Period be the sixty (60) days after 60)-Day period beginning upon the Notice Issuance Commencement Date, the exact calendar date to be specified in the . 6.4 For a Settlement Class Notice. The notice of opt out must state or include the following Member’s Opt-Out Request to be valid: , it must (ia) state the case name, XxXxxxxxxx v. Illinois Gastroenterology Group, No. 22 L 173 (Ill. 19th Jud. Dist. Ct. Lake Cnty. May 11, 2022); (b) the name and cause number of the Consolidated Action; (ii) the Settlement Class Member’s full name, address, and telephone number; (iiic) the Settlement Class Member’s personal and original signature (or the personal and original signature of a clear statement that Person previously authorized by law to act on behalf of the Settlement Class Member desires with respect to opt out of the Settlement; (iv) a clear statement explaining claims asserted in the reason or reasons why the Class Member is choosing to opt out of the Settlement,; (v) whether the Class Member has or intends to retain legal counsel to represent him or her further, and whether the Class Member has or intends to file a lawsuit against DefendantsLawsuits); and (vid) include their Personal Signature on clearly manifest a Person’s intent to be excluded from the form under penalty of perjury in the presence of at least one adult witness subject to approval by the CourtSettlement. No “mass” or “class” opt out requests shall be valid, and no Class Member may submit an opt out request on behalf of any other Class Member. Black Dust The Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely written notices of opt out, if any, to promptly inform Settlement Class Counsel and IGG Counsel for Defendants within fifteen (15) days of any Opt- Out Requests. 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the close of manner set forth in ¶ 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Notice Period. Class Counsel will file Settlement Agreement, shall not be bound by the written notices of opt out with Settlement Agreement, and shall have no right to object to the Court within twenty (20) days of the close of the Notice Period. Failure of the Class Member seeking to opt out to fully and completely comply with each of the above-stated requirements for the written notice of opt-out, Settlement or proposed Settlement Agreement or to properly and timely serve a copy with participate at the Claims Administrator may result in Final Approval Hearing before the notice of opt out not being considered by the XxXxxxxxxx Court. The Special Master may, at his sole discretion, contact any individual who submits a written notice of opt out to further ascertain the rational for exclusion and to answer any questions about this Agreement. All Settlement Class Members who do not timely and properly opt out shall request to be excluded from the Settlement Class Members and shall in all respects be bound by all of the terms of this Agreement and the Final Approved Order with respect to the Class defined hereinmanner set forth in ¶ 6.4, and above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and the Final Order and Judgment thereon, regardless of whether he or she files a Claim Form or receives any benefits from the Settlement. 6.6 An Opt-Out Request or other request for exclusion that does not fully comply with the requirements set forth in ¶ 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, 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 the Final Order and 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. Any such purported Opt- Out Requests shall be void, and the Settlement Class Counsel agrees not to represent Member(s) who is or are the subject of any Opt Outs to this such purported Opt-Out Requests shall be treated as a Settlement Class Member and be bound by the Settlement Agreement. The Claims , including the Release contained herein, and by all proceedings, orders, and judgments in the Lawsuits, including the Final Order and Judgment, unless he or she submits a valid and timely Opt-Out Request. 6.8 Within fourteen (14) Days after the last Day of the Opt-Out Period, the Settlement Administrator shall collect and tabulate all opt out notices and report furnish to Settlement Class Counsel and Defendants’ to IGG Counsel at least weekly identifying each opt out person along with information identifying a complete list of all timely and valid Opt-Out Requests (the location and zone of each such opt out“Opt-Out List”).

Opt-Out Procedure. Prior to final approval of this Settlement, 25 a. Class Members who do not file an objection will have until the Response Deadline to mail by first class U.S. 26 mail, with proof of date of submission to be the Settlement pursuant to Section 3.4 may exclude themselves from the Settlement by following the procedure outlined in this section and stated in the Class Notice. A Class Member who desires postmark date, a written request to opt out of the 27 Settlement shall file with the Claims Administrator (“Request for Exclusion”). Unless a Class Member submits a timely written notice and valid Request for 28 Exclusion, he/she shall be bound by the terms and conditions of opt outthis Agreement, delivered or postmarked no later than sixty (60) days after including the Notice Issuance Daterelease 1 of claims as set forth herein. 2 b. A Request for Exclusion, the exact calendar date in order to be specified in deemed valid, must: (1) be signed by 3 the Class Notice. The notice of opt out must state or include Member; (2) contain the following to be valid: (i) the case name and cause number of the Consolidated Xxxxx Action; (ii3) contain the Class 4 Member’s full name, addresstelephone number, and telephone numbermailing address; and (iii4) a clear statement clearly states that the Class 5 Member desires wants to opt out of the Settlement; (iv) a clear statement explaining . 6 c. Upon receipt of any timely Request for Exclusion, the reason or reasons why Settlement Administrator 7 shall review the request to verify the information contained therein and confirm that the request 8 complies with the requirements of this Agreement. 9 d. Any Class Member is choosing who fails to opt submit via first class U.S. mail a timely, 10 complete, and valid Request for Exclusion shall be barred from opting out of this Agreement or the 11 Settlement,; (v) whether . The Settlement Administrator shall not review or consider any Request for Exclusion 12 postmarked after the Response Deadline. Under no circumstances shall the Settlement Administrator 13 have the authority to extend the Response Deadline for Class Member has or intends to retain legal counsel to represent him or her further, and whether the Class Member has or intends Members to file a lawsuit against Defendants; and (vi) include their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval Request for Exclusion, 14 except as ordered by the Court. No “mass” Court or “class” opt out requests shall be valid, and no Class Member may submit an opt out request on behalf of any other Class Member. Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely written notices of opt out, if any, to Class Counsel and Counsel for Defendants within fifteen mutually agreed by the Parties. 15 e. If ten percent (1510%) days of the close of the Notice Period. Class Counsel will file the written notices of opt out with the Court within twenty (20) days of the close of the Notice Period. Failure or more of the Class Member seeking Members submit a timely and valid 16 Request for Exclusion, Defendants shall have the sole and absolute discretion to opt out to fully and completely comply with each of withdraw from this 17 Agreement within ten (10) calendar days after the above-stated requirements for the Response Deadline by providing written notice of opt-out, 18 such withdrawal to Class Counsel. In the event that either PrimeSkill or Schenker elect to properly and timely serve a copy with the Claims Administrator may result in the notice of opt out not being considered by the Court. The Special Master may, at his sole discretion, contact any individual who submits a written notice of opt out to further ascertain the rational for exclusion and to answer any questions about this Agreement. All Class Members who do not timely and properly opt out shall be Settlement Class Members and shall in all respects be bound by all of the terms of this Agreement and the Final Approved Order with respect to the Class defined herein, and shall be bound by the Release withdraw 19 as set forth in this Agreementprovision, the withdrawal shall have the same effect as a termination of this 20 Agreement for failure to satisfy a condition of Settlement and the Agreement shall become null and 21 void and have no further force or effect. Class Counsel agrees not If either PrimeSkill or Schenker chooses to represent any Opt Outs terminate this 22 Agreement under this provision, the terminating party shall be responsible to pay the Administration 23 Costs incurred by the Settlement Administrator; if both PrimeSkill and Xxxxxxxx choose to terminate 24 this Agreement. The Claims Administrator Agreement under this provision, they both shall collect and tabulate all opt out notices and report be responsible to Class Counsel and Defendants’ Counsel at least weekly identifying each opt out person along with information identifying pay the location and zone of each such opt outAdministration Costs 25 incurred by the Settlement Xxxxxxxxxxxxx.

Opt-Out Procedure. Prior to final approval Within thirty (30) days of the Court’s Final Approval Order regarding this Settlement, Class Members who do not file an objection to the Settlement pursuant to Section 3.4 may exclude themselves from the Settlement by following the procedure outlined in this section and stated in the Class Notice, the form of which has previously been provided to Class Members as set forth in Exhibit C, and must place their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by the Court. A Within this same thirty (30) day time period, Class Member Members who desires to opt previously opted out of the First Amended Class Settlement shall file with the Claims Administrator a timely may withdraw that opt out by providing written notice of opt outtheir withdrawal to Class Counsel, delivered or postmarked no later than sixty (60) days after the Notice Issuance Date, the exact calendar date to be specified in the Class Notice. The notice of opt out must state or include the following to be valid: (i) the name and cause number of the Consolidated Action; (ii) the Class Member’s name, address, and telephone number; (iii) a clear statement that the Class Member desires to opt out of the Settlement; (iv) a clear statement explaining the reason or reasons why the Class Member is choosing to opt out of the Settlement,; (v) whether the Class Member has or intends to retain legal counsel to represent him or her further, and whether the Class Member has or intends to file a lawsuit against Defendants; and (vi) which shall include their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval by the Court. Within ten (10) business days of the deadline to opt out from the Settlement and/or withdraw a prior opt out from the Settlement, Class Counsel shall furnish Defendants and the Court in writing with a complete list of all Class Members who have elected to opt out and copies of all opt out notices received plus any Well Test result for Class Members who submitted an opt out notice (the “Updated Opt Out Notice Package”). No “mass” or “class” opt out requests shall be valid, and no Class Member may submit an opt out request on behalf of any other Class Member. Black Dust Any Defendant may, at its option and sole discretion, terminate the Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rougeif any one of the following numbers of Class Members opt out of this Settlement: a. Any Class Member who currently resides or formerly resided in and lives or lived on, Louisiana 70821 The Claims Administrator or currently owns or formerly owned a property within the Class Area that has had at least one or more Well Tests showing over 70 ppt of PFOA and PFOS combined; b. Three percent (3%) of the total number of the Class Members who participate in the settlement, object to the settlement, and opt out of the settlement who currently reside or formerly resided in or currently own or formerly owned a property within the Class Area that has had at least one or more Well Tests showing between 20 and 69 ppt (inclusive) of PFOA and PFOS combined; c. Five percent (5%) of the total number of the Class Members who participate in the settlement, object to the settlement, and opt out of the settlement who do not fall into categories (a) or (b) above; or d. Five percent (5%) of the total number of the Class Members who participate in the settlement, object to the settlement, and opt out of the settlement without regard to any Well Test results. Such option to terminate shall provide all valid and timely written notices of opt outbe exercised, if anyat all, to Class Counsel and Counsel for Defendants within fifteen (15) business days of the close a Defendant’s receipt of the Updated Opt Out Notice PeriodPackage. Class Counsel will file If any Defendant exercises its option to terminate this Settlement, then the written notices of opt out with the Court within twenty (20) days of the close of the Notice Period. Failure of the Class Member seeking to opt out to fully and completely comply with each of the above-stated requirements for the written notice of opt-out, or to properly and timely serve a copy with the Claims Administrator may result termination provisions set forth in the notice of opt out not being considered by the Court. The Special Master may, at his sole discretion, contact any individual who submits a written notice of opt out to further ascertain the rational for exclusion and to answer any questions about this Agreement. All Class Members who do not timely and properly opt out shall be Settlement Class Members and shall in all respects be bound by all of the terms Section 9 of this Agreement and the Final Approved Order with respect to the Class defined herein, and shall be bound by the Release set forth in this Agreement. Class Counsel agrees not to represent any Opt Outs to this Agreement. The Claims Administrator shall collect and tabulate all opt out notices and report to Class Counsel and Defendants’ Counsel at least weekly identifying each opt out person along with information identifying the location and zone of each such opt outapply.

Opt-Out Procedure. Prior to final approval of this Settlement, a. Class Members who do not file an objection will have until the Response Deadline to mail by first class U.S. mail, with proof of date of submission to be the Settlement pursuant to Section 3.4 may exclude themselves from the Settlement by following the procedure outlined in this section and stated in the Class Notice. A Class Member who desires postmark date, a written request to opt out of the Settlement shall file with the Claims Administrator (“Request for Exclusion”). Unless a Class Member submits a timely written notice and valid Request for Exclusion, he/she shall be bound by the terms and conditions of opt outthis Agreement, delivered or postmarked no later than sixty (60) days after including the Notice Issuance Daterelease of claims as set forth herein. b. A Request for Exclusion, the exact calendar date in order to be specified in deemed valid, must: (1) be signed by the Class Notice. The notice of opt out must state or include Member; (2) contain the following to be valid: (i) the case name and cause number of the Consolidated White Class Action; (ii3) contain the Class Member’s full name, addresslast four digits of the person’s Social Security Number, telephone number, and telephone numbermailing address; and (iii4) a clear statement clearly state that the Class Member desires wants to opt out of the Settlement; (iv) a clear statement explaining . c. Upon receipt of any timely Request for Exclusion, the reason or reasons why Settlement Administrator shall review the request to verify the information contained therein and confirm that the request complies with the requirements of this Agreement. d. Any Class Member is choosing who fails to opt submit via first class U.S. mail a timely, complete, and valid Request for Exclusion shall be barred from opting out of this Agreement or the Settlement,; (v) whether . The Settlement Administrator shall not review or consider any Request for Exclusion postmarked after the Response Deadline. Under no circumstances shall the Settlement Administrator have the authority to extend the Response Deadline for Class Member has or intends to retain legal counsel to represent him or her further, and whether the Class Member has or intends Members to file a lawsuit against Defendants; and (vi) include their Personal Signature on the form under penalty of perjury in the presence of at least one adult witness subject to approval Request for Exclusion, except as ordered by the Court. No “mass” Court or “class” opt out requests shall be valid, and no Class Member may submit an opt out request on behalf of any other Class Member. Black Dust Settlement Claims x/x Xxxxxxxxxxxxx & Xxxxxxxxxxx P.O. Box #### Baton Rouge, Louisiana 70821 The Claims Administrator shall provide all valid and timely written notices of opt out, if any, to Class Counsel and Counsel for Defendants within fifteen mutually agreed by the Parties. e. If five percent (155%) days of the close of the Notice Period. Class Counsel will file the written notices of opt out with the Court within twenty (20) days of the close of the Notice Period. Failure or more of the Class Member seeking Members submit a timely and valid Request for Exclusion, Defendants shall have the sole and absolute discretion to opt out to fully and completely comply with each of withdraw from this Agreement within ten (10) calendar days after the above-stated requirements for the Response Deadline. Defendants shall provide written notice of opt-out, or such withdrawal to properly and timely serve a copy with Class Counsel. In the Claims Administrator may result in the notice of opt out not being considered by the Court. The Special Master may, at his sole discretion, contact any individual who submits a written notice of opt out event that Defendants elect to further ascertain the rational for exclusion and to answer any questions about this Agreement. All Class Members who do not timely and properly opt out shall be Settlement Class Members and shall in all respects be bound by all of the terms of this Agreement and the Final Approved Order with respect to the Class defined herein, and shall be bound by the Release withdraw as set forth in this Agreementprovision, the withdrawal shall have the same effect as a termination of this Agreement for failure to satisfy a condition of Settlement and the Agreement shall become null and void and have no further force or effect. Class Counsel agrees not If Defendants choose to represent any Opt Outs terminate this Agreement under this provision, they shall be responsible to this Agreement. The Claims Administrator shall collect and tabulate all opt out notices and report to Class Counsel and Defendants’ Counsel at least weekly identifying each opt out person along with information identifying pay the location and zone of each such opt outAdministration Costs incurred by the Settlement Administrator.