Common use of Opt-Out Process Clause in Contracts

Opt-Out Process. (i) Members of the Settlement Class may opt out of the settlement pursuant to this subsection or may object to the Settlement pursuant to subsection (e) below, but may not do both. Any member of the Settlement Class who submits a timely Request for Exclusion pursuant to this subsection may not file an objection to the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of the settlement of the Litigation, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the settlement of the Litigation. (iii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt-out of the Settlement by following the directions in the Notice(s). Any such request to opt-out (“Request for Exclusion”) must be made in writing to the Claims Administrator, signed by the member of the Settlement Class, and postmarked no later than thirty (30) calendar days after the date the applicable Notice is mailed to the Settlement Class or, in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the applicable Notice is re-mailed, whichever is later (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion that do not include all required information, do not comply with the instructions in the Notice, or that are not submitted on a timely basis, will be deemed null, void and ineffective. Requests for Exclusion must be exercised individually by each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of any member of the Settlement Class. (iv) The Claims Administrator, in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final and binding, but will be subject to review by the Court at the time of the Final Approval Hearing so long as the member of the Settlement Class submits an objection to the Claims Administrator’s decision at or before the Final Approval Hearing. (v) The Claims Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons who are eligible to and do submit valid and timely requests to opt- out of the Settlement Class (“Opt-Outs”) will not participate in the Settlement or be bound by its terms, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)), will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)), will not be a Settlement Class Member, and will receive no part of the Net Common Fund or the Gross Common Fund. (viii) Every member of the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member”, shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice of the Litigation or this proposed Settlement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out from the Settlement Class and any such request for an exclusion will be void and of no force and effect.

Opt-Out Process. 1. A Settlement Class Member who wishes to exclude himself or herself from this Settlement, and from the Release pursuant to this Settlement, shall submit a written Opt-Out Request to the Claims Administrator at the address designated in the Notice no later than the Claim Filing Deadline. Opt-Out Requests must: (i) Members of be timely submitted by the Settlement Class may opt out of Claim Filing Deadline; (ii) be signed by the settlement pursuant to this subsection or may object to the Settlement pursuant to subsection (e) below, but may not do both. Any member of person in the Settlement Class who submits a timely Request for Exclusion pursuant is requesting to this subsection may not file an objection to be excluded from the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of the settlement of the Litigation, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the settlement of the Litigation. Settlement Class; (iii) Members include the full name and address of the person in the Settlement Class requesting exclusion; (iv) include the mobile telephone number on which the person seeking exclusion believes they received the call or calls associated with the exception request for exclusion; and (v) include the following statement: “I request to be excluded from the settlement in the Xxxxxx TCPA action, and to waive all rights to the benefits of the Named Plaintiffs) may choose to opt-out settlement.” No request for exclusion will be valid unless all of the Settlement by following information described above is included, but the directions exclusion will still be valid even if the telephone number provided does not match the class records of the number called, so long as the other identifying information provided in the Notice(s)Opt- Out Request matches the class records. Any such request to opt-out (“Request for Exclusion”) must be made No person in writing to the Claims Administrator, signed by the member of the Settlement Class, and postmarked no later than thirty (30) calendar days after the date the applicable Notice is mailed to the Settlement Class or, or any person acting on behalf of or in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the applicable Notice is re-mailed, whichever is later (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion concert or participation with that do not include all required information, do not comply with the instructions person in the Notice, or that are not submitted on a timely basis, will be deemed null, void and ineffective. Requests for Exclusion must be exercised individually by each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of exclude any member of the Settlement Class. (iv) The Claims Administrator, other person in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final and binding, but will be subject to review by the Court at the time of the Final Approval Hearing so long as the member of the Settlement Class submits an objection to the Claims Administrator’s decision at or before the Final Approval Hearing. (v) The Claims Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons 2. The Claims Administrator may invalidate mass-generated opt outs upon application to the Court by the Parties and subsequent approval by the Court. 3. Settlement Class Members may not submit both an Opt-Out Request and receive a settlement award. 4. The Claims Administrator shall maintain a list of persons who are eligible have submitted Opt-Out Requests and shall provide such list to and do submit valid and timely requests to opt- out the Parties at the end of the Opt-Out period. 5. All Settlement Class (“Opt-Outs”) Members will not participate in the Settlement or be bound by its terms, except as provided by law (e.g., Xxxxx v. Superior Court, 46all determinations and judgments in the Action. Cal. 4th 969 (2009)), will not be bound by In the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)), will not be a Settlement Class Member, and will receive no part event that the number of the Net Common Fund or the Gross Common Fund. (viii) Every member of persons in the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member”, shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice submit Opt-Out Requests exceeds ten percent (10%) of the Litigation or class, Defendants, in their sole and absolute discretion, may terminate this proposed SettlementAgreement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out from the Settlement Class and any such request for an exclusion will be void and of no force and effect.

Opt-Out Process. 6.1 A Settlement Class Member who wishes to exclude himself or herself from this Settlement and from the release of claims pursuant to this Settlement shall submit a Request to Opt-Out. A Request to Opt-Out must be submitted online or by mail within sixty (i60) Members days from the last of the following dates: the date E-mail Notice, Text Message Notice, or Postcard Notice is disseminated (hereafter, the “Opt-Out/Objection Deadline”). For a Request to Opt-Out be considered timely, it must be submitted online by 11:59 p.m. Pacific Time on the Opt- Out/Objection Deadline, or if submitted by regular mail, postmarked by said date. The Opt- Out/Objection Deadline shall be set forth clearly in the Notice. To be valid, the Request to Opt- Out must be signed and dated. Each Request to Opt-Out must be submitted individually. In no event shall persons who purport to request exclusion from the Settlement Class may opt out as a group, aggregate, or class involving more than one Settlement Class Member be considered valid opt- outs. Opt-Out Request Forms, substantially similar to the attached Exhibit E, shall be available for download from the Settlement Website and, upon request by a Settlement Class Member, made available by the Claims Administrator through First Class Mail. 6.2 A Settlement Class Member who submits a Request to Opt-Out is not eligible to recover a share of the settlement pursuant Monetary Benefit, except that if any Settlement Class Member submits both a Request to this subsection or may object Opt-Out and a Claim Form, the Request to the Settlement pursuant to subsection (e) belowOpt-Out will be rejected, but may not do both. Any member of the Settlement Class who submits Member will be treated as if he or she is still a timely Request for Exclusion pursuant to this subsection may not file an objection to the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of the settlement of the Litigation, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the settlement of the Litigation. (iii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt-out of the Settlement by following the directions in the Notice(s). Any such request to opt-out (“Request for Exclusion”) must be made in writing to the Claims Administrator, signed by the member of the Settlement Class, and postmarked no later than thirty (30) calendar days after the date the applicable Notice is mailed to the Settlement Class or, in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the applicable Notice is re-mailed, whichever is later (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion that do not include all required information, do not comply with the instructions in the Notice, or that are not submitted on a timely basis, Claim Form will be deemed null, void treated as valid and ineffective. Requests for Exclusion must be exercised individually by each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of any member of the Settlement Classprocessed. (iv) The Claims Administrator, in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final and binding, but will be subject to review by the Court at the time of the Final Approval Hearing so long as the member of the Settlement Class submits an objection to the Claims Administrator’s decision at or before the Final Approval Hearing. (v) 6.3 The Claims Administrator shall prepare maintain a list of all persons who timely have excluded themselves and properly requested exclusion shall provide such list to the Parties upon request. The Claims Administrator shall retain the originals of all Requests to Opt-Out (including the envelopes with the postmarks) received from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons who are eligible to and do submit valid and timely requests to opt- out of the Settlement Class (“Opt-Outs”) will not participate in the Settlement or be bound by its terms, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)), will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)), will not be a Settlement Class MemberMembers, and will receive no part of the Net Common Fund shall make copies or the Gross Common Fundoriginals available to Defendant or Class Counsel within three (3) business days upon request. (viii) Every member of the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member”, shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice of the Litigation or this proposed Settlement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out from the Settlement Class and any such request for an exclusion will be void and of no force and effect.

Opt-Out Process. 62. A Settlement Class Member who wishes to exclude themselves from this Settlement shall submit a written Opt-Out Request to the Settlement Administrator at the address designated in the Notice. In order to be valid, the Opt-Out Request must be postmarked no later than the Opt- Out/Objection Deadline. Opt-Out Requests must: (i) Members be timely submitted by the Opt-Out/Objection Deadline; (ii) be signed by the person in the Settlement Class who is requesting to be excluded from the Settlement Class; (iii) include the name and address of the person in the Settlement Class requesting exclusion; and (iv) include a statement or words to the effect of the following: “I request to be excluded from the settlement in the Hirmer v. ESO action, and understand that by doing so I will not be entitled to receive any of the benefits from the settlement.” No person in the Settlement Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other person in the Settlement Class from the Settlement Class. 63. An Opt-Out Request that is set to an address other than that designated in the Notice or that is not postmarked within the time specified shall be invalid and the person serving such a request shall be considered a member of the Settlement Class may opt out of and shall be bound as a Settlement Class Member by the settlement pursuant to this subsection or may object to Agreement, if approved. 64. If the Settlement pursuant to subsection (e) belowAgreement is finally approved by the Court, but may all Settlement Class Members who have not do bothvalidly excluded themselves by the Claim Filing/Objection Deadline will be bound by the Settlement Agreement and the relief provided by the Settlement Agreement will be their sole and exclusive remedy for the Released Claims. 65. Any member of the Settlement Class who submits a timely Request for Exclusion pursuant elects to this subsection may not file an objection to the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of be excluded from the settlement of the Litigation, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the settlement of the Litigation. not: (iiii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt-out of the Settlement by following the directions in the Notice(s). Any such request to opt-out (“Request for Exclusion”) must be made in writing to the Claims Administrator, signed by the member of the Settlement Class, and postmarked no later than thirty (30) calendar days after the date the applicable Notice is mailed to the Settlement Class or, in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the applicable Notice is re-mailed, whichever is later (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion that do not include all required information, do not comply with the instructions in the Notice, or that are not submitted on a timely basis, will be deemed null, void and ineffective. Requests for Exclusion must be exercised individually by each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of any member of the Settlement Class. (iv) The Claims Administrator, in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final and binding, but will be subject to review by the Court at the time of the Final Approval Hearing so long as the member of the Settlement Class submits an objection to the Claims Administrator’s decision at or before the Final Approval Hearing. (v) The Claims Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons who are eligible to and do submit valid and timely requests to opt- out of the Settlement Class (“Opt-Outs”) will not participate in the Settlement or be bound by its terms, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009)), will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided (ii) be entitled to relief under this Settlement Agreement, (iii) gain any rights by law virtue of this Settlement Agreement, or (e.g., Xxxxx v. Superior Court, 46iv) be entitled to object to any aspect of this Settlement Agreement. Cal. 4th 969 (2009)), will not be a Settlement Class Member, and will receive no part of the Net Common Fund or the Gross Common Fund. (viii) Every A member of the Settlement Class who does not validly and timely opt out shall requests to be deemed a “Settlement Class Member”, shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice of the Litigation or this proposed Settlement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out excluded from the Settlement cannot also object to the Settlement Agreement. Class Counsel agrees not to solicit any individuals opting to be excluded from the Settlement. The Opt-Out Request must be personally signed by the person requesting exclusion. So-called “mass” or “class” exclusion requests shall not be allowed. 66. The Settlement Administrator shall maintain a list of persons who have submitted Opt-Out Requests and any shall provide such request for an exclusion will be void and of no force and effectlist to the Parties upon written request.

Opt-Out Process. (i) Members of the Settlement Class may opt out of the settlement pursuant to this subsection subsection, or may object to the Settlement pursuant to subsection (e) below, but may not do both. Any member of the Settlement Class who submits a timely Request for Exclusion pursuant to this subsection may not file an objection to the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of the settlement of the Litigation, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the settlement of the Litigation. (iii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt-out of the Settlement by following the directions in the Notice(s)Notice. Any such request to opt-out (“Request for Exclusion”) must be made in writing to the Claims Administrator, signed by the member of the Settlement Class, and postmarked no later than thirty forty-five (3045) calendar days after the date the applicable Notice is mailed to the Settlement Class or, in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the applicable Notice is re-mailed, whichever is later re- mailed (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion that do not include all required information, do not comply with the instructions in the Notice, or that are not submitted on a timely basis, will be deemed null, void and ineffective. Requests for Exclusion must be exercised individually by each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of any member of the Settlement Class. (iviii) The Claims Administrator, in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final final, binding and binding, but will be subject to review by non-appealable. (iv) Neither the Court at the time of the Final Approval Hearing so long as the Parties nor their counsel shall encourage any member of the Settlement Class submits an objection to opt-out of the Claims Administrator’s decision at or before the Final Approval HearingSettlement. (v) The Claims Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons who are eligible to and do submit valid and timely requests to opt- out of the Settlement Class (“Opt-Outs”) will not participate in the Settlement or be bound by its terms, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009))herein, will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., Xxxxx v. Superior Court, 46. Cal. 4th 969 (2009))herein, will not be a Settlement Class Member, and will receive no part of the Net Common Fund or the Gross Common Fund. However, notwithstanding the submission of a timely request for exclusion, Opt-Outs will still be bound by the settlement and release of the PAGA claims or remedies under the final judgment pursuant to Xxxxx v. Superior Court, 46 Cal. 4th 969 (2009). Requests for Exclusion do not apply to the PAGA claims. (viii) Every member of the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member”, shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice of the Litigation or this proposed Settlement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out from the Settlement Class and any such request for an exclusion will be void and of no force and effect.