Common use of Opt Out Clause in Contracts

Opt Out. Any Class Member, other than any Class Representative, may elect to be excluded from the Settlement and their respective Settlement Class by opting out. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out on or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded from the Settlement Class and Settlement in the Viridian Action.” No Opt- Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out of a Settlement Class and Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. (A) Any Class Member, Subclass Member (other than any Class Representative, Plaintiffs) may elect to be excluded request exclusion from the Settlement Subclasses, and their respective Settlement Class any Opt-In may request exclusion from the FLSA Class, by “opting out. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out on or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: .” To do so, (i) be signed by the Class a Subclass Member who is requesting exclusion; (ii) include not an Opt-In must submit a written and signed request for exclusion to the full nameClaims Administrator, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded from the Settlement Class and Settlement in the Viridian Action.” No Opt- Out request will be valid unless all form of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained Statement attached as Exhibit E, and (ii) an Opt-In must submit a written and signed request for exclusion to the Claims Administrator, in the Preliminary Approval Order. form of the Opt-Out Statement attached as Exhibit I. (B) To be effective, an Opt-Out Statement must be postmarked no later than a date to be specified on the Notice of Proposed Class Action Lawsuit and Fairness Hearing, in the form of Exhibit D (for Subclass Members who are not Opt-Ins or Plaintiffs) or Exhibit H (for Opt-Ins). This date will be 45 calendar days after the Initial Mailing Deadline, and the period of time between the Initial Mailing Deadline and this date shall be referred to as the “Opt-Out Period.” (C) The Claims Administrator shall stamp the postmark date on the original of each Opt-Out Statement that it receives. Within 3 business days of its receipt thereof, the Claims Administrator shall send to Class Counsel and Defendants’ Counsel copies of each such Opt-Out Statement. This obligation shall be on-going, regardless of whether the Opt-Out Statement is effective or not. (D) Within 10 calendar days after the end of the Opt-Out Period, the Claims Administrator shall send to Class Counsel and Defendants’ Counsel a final list of all persons who timely opt out submitted Opt-Out Statements. The Claims Administrator shall retain the originals of a Settlement Class all envelopes accompanying Opt-Out Statements in its files until such time as the Claims Administrator is relieved of its duties and Settlement will not be bound by the terms of responsibilities under this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. Any potential Class Member, other than any Class Representative, may elect to be excluded from the this Settlement and their respective from the Settlement Class by opting outOpting-Out of the Settlement Class. Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out Opt-Out on or before the date specified in the Preliminary Approval Order Order, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for NAPG. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded Opt-Out from the Settlement Class and Settlement settlement in the Viridian NAPG Action.” No Opt- Opt-Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a the Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out Opt-Out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Opt- Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out Opt- Out of a Settlement Class and the Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the SettlementClass Opts-Out, Viridian NAPG shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation parties will return to the status quo ante as described in Section 16.12 of this AgreementIII. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian NAPG, or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. Any The Full Notice shall provide a procedure whereby Settlement Class Member, other than any Class Representative, Members may elect to be excluded exclude themselves from the Settlement and their respective Settlement Class by opting outmailing a Request for Exclusion by the Opt-Out Deadline. Any Settlement Class Member who desires does not validly and timely submit a Request for Exclusion before the Opt-Out Deadline shall be deemed a Settlement Class Member and shall be bound by the terms of this Agreement and all subsequent proceedings, orders, and judgments. To be valid, the Request for Exclusion must: (a) identify the case name; (b) identify the name and address of the Settlement Class Member; (c) identify the telephone number of the Settlement Class Member at which the message(s) at issue were received; (d) be personally signed by the Settlement Class Member requesting exclusion; and (e) contain a statement that indicates a desire to be excluded from the Settlement Class must give written notice of the election to opt out on or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full nameLitigation, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: such as “I/We I hereby request to that I be excluded from the proposed Settlement Class in Xxxx v. ADF Midatlantic, LLC, et al, Case No. 9:12-cv-80577-KAM.” Class, mass and group Requests for Exclusion are prohibited. Any Settlement Class Member who does not opt out of the Settlement in the Viridian Action.” No Opt- Out request will manner described herein shall be valid unless all deemed to be part of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no shall be bound by all subsequent proceedings, orders, and judgments. A Settlement Class Member shall be deemed opted-who desires to opt out of a must take timely affirmative written action pursuant to this Agreement, even if the Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members Member desiring to opt out of a the Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out of (a) files or has filed a Settlement Class and Settlement will not be bound by the terms of this Agreement, including separate action against any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes Releasees, or (b) is, or becomes, a putative class member in the aggregate opt out any other class action filed against any of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.Releasees

Opt Out. Any The Class Member, other than any Class Representative, may elect to be excluded from the Settlement and their respective Notice shall provide a procedure whereby Settlement Class by opting Members may exclude themselves, or “opt out. Any Class Member who desires to be excluded ,” from the Settlement Class must give written notice of the election to opt out on by mailing a request for exclusion. On or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded from the Settlement Class and Settlement in the Viridian Action.” No Opt- Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in established by the Preliminary Approval Order. Court, but no more than sixty (60) days after the mailing date of the initial Notice, each Settlement Class Members Member who timely elects to opt out of the settlement must send, by first-class U.S. mail, written notice addressed to the Settlement Administrator indicating his or her name and address and stating that he or she desires to opt-out of the settlement or otherwise does not want to participate in the settlement. Any Settlement Class Member who does not validly and timely (as measured by the postmark date on that individual’s written request) request exclusion shall be a Settlement Class Member and Settlement will not shall be bound by the terms of this Agreement, including Agreement and by any releases contained herein, nor will they be entitled to receive any benefits from orders of the SettlementCourt regarding the Settlement or the Settlement Class. In no event shall Settlement Class Members who purport to opt-out of the event that ten settlement as a group, aggregate, collective, or class involving more than one Settlement Class Member be considered a successful opt-out. If more than five percent (105%) or more of the members of both potential Settlement Classes in the aggregate Class Members validly and timely opt out of the class, CPC may in its sole discretion exercise its right to void the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement case this Agreement will become null be vacated, rescinded, cancelled and void annulled, and the Parties and status of the Action and the other actions in the Litigation parties will return to the status quo ante as described in Section 16.12 of if they had not entered into this Agreement. The Class Representatives affirmatively support this In that event, the remainder of the Settlement and agree not to Opt- Out Amount, net of this Settlement. None actual costs incurred for distribution of the Class RepresentativesNotice, Class Counselshall revert back to CPC, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlementand evidence of the settlement, negotiations, and related proceedings will be inadmissible and will not be discoverable.

Opt Out. Any Class Member, other than any Class Representative, may elect to be excluded from the this Settlement and their respective from the Settlement Class by opting outOpting-Out of the Settlement Class. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out Opt-Out on or before the date specified in the Preliminary Approval Order Approving Class Notice of Settlement, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Allstate. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded Opt- Out from the Settlement Class and Settlement settlement in the Viridian Xxxxxxxxx v. Allstate Action.” No Opt- Opt-Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a the Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out Opt-Out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval OrderOrder Approving Class Notice of Settlement. Class Members who timely opt out Opt-Out of a Settlement Class and the Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives Representative affirmatively support supports this Settlement and agree agrees not to Opt- Out of this Settlement. None of the Class RepresentativesRepresentative, Class Counsel, or Viridian Allstate, or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. (A) Any IL Class Member, other than any Class Representative, Member may elect to be excluded request exclusion from the Settlement and their respective Settlement Class by “opting out. .” Any IL Class Member who desires chooses to be excluded from do so must mail a written, signed statement to the Claims Administrator that he or she is opting out of the Settlement Class must give written notice of the election to opt out on or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. (“Opt-Out requests must: (i) be signed by Statement”). The Opt-Out Statement must contain the Class Member who is requesting exclusion; (ii) include the full name, address, address and phone number(s) telephone number of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded valid. It must also contain the words “I elect to exclude myself from the Settlement settlement in Xxxxxx x. Potbelly Sandwich Works, LLC”, in order to be valid. To be effective, such Opt-Out Statement must also be sent via mail and postmarked by a date certain to be specified on the Notice of Proposed Class Action Lawsuit and Settlement in the Viridian Action.” No Opt- Out request Fairness Hearing, which will be valid unless all 45 calendar days after the date on which the Claims Administrator mails the Notice. The 45-day period will begin to run from the first mailing, except for those IL Class Members whose first mailing was returned to the Claims Administrator as undeliverable, in which case the 45-day period for any such Class Member will begin to run from the date of the information described above is included. No second mailing to such Class Member, or any person acting unless another period is set by the Court. The Claims Administrator shall not attempt more than two skip traces and supplemental distribution of the Notice. The end of the “Opt-Out Period” shall be 45 days after the last day on behalf of or in concert or participation with that which the Claims Administrator makes a mailing to a Class Member, may exclude but in any other Class Member from a Settlement Class, and case no Class Member shall be deemed opted-out later than 7 calendar days before the date of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalidthe Fairness Hearing. The Claims Administrator shall, within 10 calendar days after the last day on which it makes such a mailing, notify Class Counsel and Defendants’ Counsel of the precise date for Class Members to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on end of the Opt-Out Deadline contained in Period. (B) The Claims Administrator shall stamp the Preliminary Approval Orderpostmark date on the original of each Opt-Out Statement that it receives and shall serve copies of each Statement on Class Counsel and Defendants’ Counsel not later than three calendar days after receipt thereof. Class Members who timely opt out of a Settlement Class and Settlement will not be bound by the terms of this AgreementThe Claims Administrator shall, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more within 24 hours of the members of both Settlement Classes in the aggregate opt out end of the SettlementOpt-Out Period, Viridian shall have the option send a final list of all Opt-Out Statements to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.Class

Opt Out. Any Class Member, other than any Members who Opt-out. A. Class Representative, may Members who elect to be excluded from the Settlement and their respective Settlement Class by opting out. Any Class Member who desires to be excluded from the Settlement Class must give written notice opt-out of the election to opt out on or before the date specified settlement as set forth in the Preliminary Approval Order mailed this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Administrator. Claims Administrator that states he or she is opting out of the settlement (“Opt-Out requests must: (i) out Statement”). In order to be signed by valid, the Class Member who is requesting exclusion; (ii) Opt-out Statement must include the full name, address, and phone number(s) telephone number of the Class Member requesting exclusion; Member, and (iii) include the following statementan express statement indicating his or her intention to opt-out, such as: “I/We request to be excluded from the Settlement Class and Settlement in the Viridian Action.” No Opt- Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed optedI opt-out of a Settlement Class through any purported “massthe Alle Processing wage and hour settlement.” To be effective, an Opt-out Statement must be postmarked by United States Postal Service on or “class” before the Bar Date. B. The latest date to opt-outs. Soout of the settlement (“Opt-called “mass” or “class” opt-outs shall not be allowed and out Period”) shall be deemed invalidon or before the Bar Date. C. The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendant’s Counsel not later than ten (10) days after receipt. The last date for Class Members to opt out of a Settlement Class and the Settlement Claims Administrator will, subject to Court approval, be on within twenty-four (24) hours of the end of the Opt-Out Deadline contained out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and First Class Mail. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Preliminary Approval Order. Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. D. Any Class Members Member who does not timely opt submit an Opt-out of a Settlement Class and Settlement Statement pursuant to this Agreement will not be bound by deemed to have accepted the terms of this Agreement, including any releases contained hereinwill be bound by the Final Order, nor and will they have all Released Class Claims released and dismissed with prejudice. Other than the Named Plaintiff, only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Bar Date, and otherwise comply with Section 2.5, will be entitled to receive any benefits from the Settlementdeemed Authorized Claimants. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the Settlement, Viridian Defendants shall have the option no obligation to elect pay or fund any amounts allocated to terminate Class Members who do not submit a timely Claim Form as set forth in this entire Agreement, in which circumstance and otherwise comply with Section 2.5, unless otherwise ordered by the Settlement will become null and void and Court or agreed upon by the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this SettlementParties.

Opt Out. Any potential Class Member, other than any Class Representative, may elect to be excluded from the this Settlement and their respective from the Settlement Class by opting outOpting-Out of the Settlement Class. Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out Opt-Out on or before the date specified in the Preliminary Approval Order Order, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Greenlight. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include a statement substantially in the following statementform unequivocally stating an intention to opt- out of the settlement: “I/We request to be excluded Opt-Out from the Settlement Class and Settlement settlement in the Viridian Greenlight Action.” No Opt- Opt-Out request will be valid unless all of the information described above is includedincluded along with an unequivocal statement that the Class Member wishes to opt-out of the Settlement. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a the Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out Opt-Out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out Opt-Out of a Settlement Class and the Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more The mere receipt of the members of both Settlement Classes in Class Notice or Opt-Out request shall not be deemed an admission by the aggregate opt out of Settling Party that the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante recipient thereof qualifies as described in Section 16.12 of this Agreementa Class Member. The Class Representatives Representative affirmatively support supports this Settlement and agree agrees not to Opt- Out opt out of this Settlement. None of Neither the Class RepresentativesRepresentative, Class Counsel, or Viridian or the Settling Party, nor its counsel shall will in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. a. Any Settlement Class Member, other than any Class Representativethe Named Plaintiffs, may elect to be excluded from the this Settlement and their respective Settlement Class by opting out. Any Class Member who desires to be excluded from the Settlement Class must give delivering written notice of the election to opt out Opt-Out to the Settlement Administrator on or before the date specified in the Preliminary Approval Order mailed to the Settlement AdministratorOpt-Out Deadline. Opt-Out requests must: (i) be signed by the Settlement Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Settlement Class Member requesting exclusionMember; and (iii) include the following statement: “I/We expressly request to be excluded Opt-Out from the Settlement Class and Settlement in the Viridian “Electricity Maine Class Action.” No Opt- Opt-Out request will be valid unless all of the information described above is includedincluded and timely received by the Settlement Administrator by the Opt-Out Deadline. No Settlement Class Member, or any person acting on behalf of of, or in concert or participation with that with, the Settlement Class Member, may exclude any other Settlement Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a the Settlement. Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall Members who do not be allowed timely and shall be deemed invalid. The last date for Class Members properly submit a written request to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out of a Settlement Class and Settlement will not shall be bound by all of the terms of this Agreement, including any releases contained the terms of the Final Approval Order and the Release provided for herein, nor will they and shall be entitled permanently barred and enjoined from bringing any action, claim, or proceeding of any kind against any of the Released Parties concerning any of the Released Claims. b. If a Settlement Class Member submits a timely Claim Form or submits a Claim through the Claims Portal, and a timely request to receive any benefits from Opt-Out, the Settlement. Claim Form or Claims Portal submission shall govern. c. In the event that ten more than five percent (105%) or more of the members of both Settlement Classes in the aggregate opt out of the SettlementClass Opts-Out, Viridian Defendant Electricity Maine shall have the option to elect option, at its sole discretion, to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and shall be deemed to have reverted nunc pro tunc to their respective status in the Action as of the Action date of this Agreement as set forth in Section XIII. Within five (5) business days after receiving notice from the Settlement Administrator that this threshold has been reached, which notice, and list of Opt-Outs, shall be provided by the Settlement Administrator not later than ten (10) business days before the Final Approval Hearing, Defendant Electricity Maine must notify Defendants’ Counsel, Class Counsel, and the other actions in the Litigation will return Court if it intends to the status quo ante as described in Section 16.12 of exercise this Agreement. The Class Representatives exclusive right to terminate. d. Named Plaintiffs affirmatively support this Settlement and agree shall not to Opt- Opt-Out of this Settlement. None of the Class Representatives. e. Neither Named Plaintiffs, Class Counsel, or Viridian or its counsel Defendants, nor Defendants’ Counsel shall in any way encourage any Settlement Class Member to opt out Opt-Out or discourage any Settlement Class Member from participating in this the Settlement.