Common use of Opt-Out Process Clause in Contracts

Opt-Out Process. a. Any Class Member who wishes to be excluded from the Settlement Class must provide a written request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be mailed, by first class mail, postage prepaid, and postmarked and addressed to the address of the Settlement Administrator indicated in the Notice on or before the Opt-Out Deadline. The Settlement Administrator will provide Counsel for the Parties copies of each request for exclusion it receives. b. In order to be valid, the Opt-Out must be in writing and include: (i) the Class Member’s name, address, telephone number, and the last four digits of the account number; (ii) the name and/or number of this Litigation; and (iii) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out must be signed by the Class Member. An Opt-Out request that does not contain the required information, is not signed, or is not postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member of the Settlement Class and shall be bound by the settlement, if approved. c. Except as provided in this Section XI, no Class Member may purport to exercise any exclusion rights of any other person, or purport to exclude other persons as a group, aggregate, or class involving more than one person, or as an agent or representative. Any such purported exclusion shall be invalid and any Class Member that does not submit an opt-out request on his or her own behalf shall be a Settlement Class Member and be bound as a Settlement Class Member for all purposes. If an accountholder for any joint account submits a valid-opt out request, the request will be effective for all accountholders or signatories to such account. d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.

Opt-Out Process. a. Any 1. A Settlement Class Member who wishes to be excluded exclude himself or herself from this Settlement, and from the Settlement Class must provide Release pursuant to this Settlement, shall submit a written request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be mailed, by first class mail, postage prepaid, and postmarked and addressed Request to the Claims Administrator at the address of the Settlement Administrator indicated designated in the Notice on or before no later than the Claim Filing Deadline. Opt-Out Deadline. The Settlement Administrator will provide Counsel for the Parties copies of each request for exclusion it receives. b. In order to be valid, the Opt-Out must be in writing and includeRequests must: (i) be timely submitted by the Class Member’s name, address, telephone number, and the last four digits of the account numberClaim Filing Deadline; (ii) be signed by the name and/or number of this Litigation; and (iii) a statement that person in the Settlement Class Member wishes who is requesting to be excluded from the Settlement Class; (iii) 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 request for exclusion, and (v) include the following statement: “I request to be excluded from the settlement in the Xxxxxxxx TCPA action, and to waive all rights to the benefits of the settlement.” No request for exclusion will be valid unless all of the information described above is included, but the 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 Opt- Out Request matches the class records. An 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. 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 must be signed by the Request and a Claim Form. If a Settlement Class Member. An Member submits both an Opt-Out request that does not contain Request and a Claim Form, the required information, is not signed, or is not postmarked by Claim Form will govern and the Opt-Out Deadline, shall be invalid and the person serving such a request shall Request will be considered a member of invalid unless, prior to the deadline to submit an Opt-Out, the Settlement Class Members confirms in writing their intent to withdraw the claim form in which case the Opt-Out will govern. 4. The Claims Administrator shall maintain a list of persons who have submitted Opt-Out Requests and shall provide such list to the Parties upon written request. 5. All Settlement Class Members will be bound by all determinations and judgments in the settlement, if approved. c. Except as provided Action. In the event that the number of persons in this Section XI, no Class Member may purport to exercise any exclusion rights of any other person, or purport to exclude other persons as a group, aggregate, or class involving more than one person, or as an agent or representative. Any such purported exclusion shall be invalid and any Class Member that does not submit an opt-out request on his or her own behalf shall be a the Settlement Class Member who validly and be bound as a Settlement Class Member for all purposes. If an accountholder for any joint account submits a valid-opt out request, the request will be effective for all accountholders or signatories to such account. d. A list reflecting all timely and valid submit Opt-Outs shall also be filed with the Court at the time Out Requests exceeds ten percent (10%) of the motion for final approval of the settlementclass, Walmart, in its sole and absolute discretion, may terminate this Agreement.

Opt-Out Process. a. (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 Member who wishes submits a timely Exclusion Request pursuant to be excluded this subsection may not file an objection to the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of the Settlement, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the Settlement. (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). Those who wish to exclude themselves from the Settlement Class must provide a submit timely, written requests for exclusion. To be effective, such request for exclusion to must include the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be mailed, by first class mail, postage prepaid, and postmarked and addressed to the address of the Settlement Administrator indicated in the Notice on or before the Opt-Out Deadline. The Settlement Administrator will provide Counsel for the Parties copies of each request for exclusion it receives. b. In order to be valid, the Opt-Out must be in writing and include: (i) the Class Member’s name, address, and telephone number, ; a clear and the last four digits of the account number; (ii) the name and/or number of this Litigation; and (iii) a unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement ClassClass and that the Settlement Class Member understands that he or she is still bound by the release of the PAGA Claims upon Final Approval of the Settlement and Final Judgment; and the signature of the Settlement Class Member or the legally authorized representative of the Settlement Class Member (although Exclusion Requests sent by a single legally authorized representative attempting to opt out of the Settlement on behalf of multiple Settlement Class Members simultaneously are not valid). An Opt-Out The request must be signed 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 twenty-one (21) calendar days after the date the applicable Notice is re-mailed pursuant to Section III(8)(c)(iv) after having been returned undeliverable to the Settlement Administrator, whichever is later (the “Response Deadline”). Notices that are re-mailed to Settlement Class Members pursuant to Section III(8)(c)(iv) shall be accompanied by a short cover letter from the Class MemberSettlement Administrator informing the recipient of the adjusted deadline to submit an Exclusion Request. An Opt-Out request The date of the postmark on an Exclusion Request shall be the exclusive means used to determine whether an Exclusion Request has been timely submitted. Exclusion Requests that does do not contain the include all required information, is do not signedcomply with the instructions in the Notice, or is that are not postmarked submitted on a timely basis, will be deemed null, void and ineffective. Exclusion Requests must be exercised individually by the Settlement Class Member, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legally authorized representative of any Settlement Class Member. (iv) The Settlement Administrator, in its sole discretion, shall determine whether an Exclusion Request was timely submitted or properly made. The Settlement Administrator’s decision shall be final and binding. (v) The Settlement Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Out DeadlineOuts”) and shall, shall be invalid before the Final Approval Hearing, submit an affidavit to the Court and the person serving such Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a request shall copy of all valid Requests for Exclusion from the Settlement 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 still be considered 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. Opt-Outs will not otherwise participate in the Settlement or be bound by its terms, except as provided by law (e.g., Xxxxx, 46 Cal. 4th 969), will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., id.), will not be a Settlement Class Member, and will receive no part of the Net Settlement Fund or the Global Settlement Fund. (viii) If more than one hundred (100) members of the Settlement Class submit valid and timely requests to opt out of the Settlement Class, Lyft has the sole and absolute discretion to rescind and revoke this entire Agreement, thereby rendering the settlement null and void in its entirety, by sending written notice that it revokes the Settlement pursuant to this Section to Class Counsel with ten (10) business days following receipt of the Settlement Administrator’s opt-out list. (ix) 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 settlement, if approvedXxxxxx or Xxxxx Actions or this proposed Settlement. c. Except as provided in (x) By signing this Section XIagreement, no the Named Plaintiffs each individually waive their respective rights to opt out of the Settlement Class Member may purport to exercise any exclusion rights of any other person, or purport to exclude other persons as a group, aggregate, or class involving more than one person, or as an agent or representative. Any such purported exclusion shall be invalid and any Class Member that does not submit an opt-out request on his or her own behalf shall be a Settlement Class Member and be bound as a Settlement Class Member for all purposes. If an accountholder for any joint account submits a valid-opt out request, the request such Exclusion Request will be effective for all accountholders or signatories to such accountvoid and of no force and effect. d. A list reflecting all timely and valid Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlement.