Common use of Opt-Outs Clause in Contracts

Opt-Outs. 66. Opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or 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. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement Class. 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-Outs. 66. OptA member of the Settlement Class who wishes to opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by must complete and send to the Settlement Administrator a request for exclusion that is post-marked no later than the Opt-Out Deadline will and Objection Date. The request for exclusion must be bound personally signed by the Settlement and the Class Release, and the relief provided by member of the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes requesting exclusion, contain a statement that indicates his or her desire to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) contain 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, he or she is not signed, or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered otherwise a member of the Settlement Class and purchased one or more of the Covered Products. A member of the Settlement Class may opt-out on an individual basis only; so-called “mass” or “class” opt-outs shall not be allowed. (a) Except for those members of the Settlement Class who timely and properly file a request for exclusion, all members of the Settlement Class will be deemed to be Settlement Class Members for all purposes under the Settlement Agreement, and upon the Effective Date, will be bound by its terms, regardless of whether they file a Claim Form or receive any monetary relief. (b) Any member of the Settlement Class who properly opts out of the Settlement Class shall not: (i) be bound by any orders or judgments entered in the Settled Actions relating to the Settlement; (ii) be entitled to relief under, if approvedor be affected by, the Settlement Agreement; (iii) gain any rights by virtue of the Settlement Agreement; or (iv) be entitled to object to any aspect of the Settlement. c. Within three (3c) business days The Settlement Administrator shall provide Settlement Class Counsel and Defendants’ Counsel with the Opt-Out List within five (5) Days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement ClassObjection Date. 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-Outs. 66. Opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all 9.4.1 Any Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via mail to the Settlement Administrator, known as an “OptAdministrator at the address set forth in the Summary Notice and Long-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before Form Notice and postmarked no later than the Opt-Out Deadline. b. In order to . A request for exclusion must be validsigned by the Settlement Class Member, include the Opt-Out must include: (a) the Settlement Class Member’s name, address, telephone number, and the telephone phone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of he or she received calls covered by this case; Settlement, and (c) a statement clearly state that the Class Member Person wishes to be excluded from the Settlement ClassLitigation and the Settlement. An Opt-Out must be signed by the Class Member. An Opt-Out A request for exclusion that does not contain the required include all of this information, or that is sent to an address other than that designated in the notices, or that is not signed, or is not electronically submitted or postmarked by within the Opt-Out Deadlinetime specified, shall be invalid invalid, and the person Person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Settlement Class Member by the SettlementCourt’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Settlement Class Member. So-called “mass” or “class” opt-outs shall not be allowed. c. Within three (3) business days after 9.4.2 The Settlement Administrator will retain a copy of all requests for exclusion and will provide copies of any such requests to counsel for the Parties on a weekly basis. Class Counsel will keep any such Opt-Out Deadline, information confidential and use it only for purposes of determining whether a person in the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs Class has properly opted out. The names of those persons who have properly excluded themselves from the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also will be filed with provided to the Court at the time of in connection with the motion for final approval of the settlementSettlement. 9.4.3 All Settlement Class Members will be bound by all determinations and judgments in the Litigation. In the event that the number of persons in the Settlement Class who validly and timely submit Opt-Out requests exceeds 250, Defendants, following good faith discussions between them to reach agreement, may terminate the Settlement. 9.4.4 Any Person in the Settlement Class who submits a request for exclusion may not file an objection to the Settlement. If a Settlement Class Member submits a written request for exclusion pursuant to Paragraph 9.4.1 above, he or she shall be deemed to have complied with the terms of the opt-out procedure and shall not be bound by the Agreement if approved by the Court. 9.4.5 After notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things): (i) find that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto; (ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Settlement Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties; (iii) find that the notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Settlement Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the rules of the Court; (iv) dismiss the action (including all individual claims and Settlement Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Agreement; incorporate the releases set forth above in Paragraph 8, make those releases effective as of the date of the Final Approval Order and Judgment; and (v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Settlement Class Members from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.

Opt-Outs. 66. Opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. 9.4.1 Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via first class United States mail to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via Administrator at the Settlement Website, on or before address set forth in the Notice and postmarked no later than the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Class. An Opt-Out A request for exclusion must be signed by the Class Member, and must include the Class Member's name, address, and the telephone number that allegedly received a call made by or on behalf of Defendant during the Settlement Class Period, and must clearly state that the Person wishes to be excluded from the Litigation and the Agreement. An Opt-Out A request for exclusion that does not contain the required include all of this information, or that is sent to an address other than that designated in the Notice, or that is not signed, or is not electronically submitted or postmarked by within the Opt-Out Deadlinetime specified, shall be invalid invalid, and the person Person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Class Member by the SettlementCourt's Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Class Member. So-called “mass” or “class” opt-outs shall not be allowed. c. Within three 9.4.2 Any Person in the Class who submits a request for exclusion may not file an objection to the Settlement. If a Class Member submits a written request for exclusion pursuant to Paragraph 9.4 above, he or she shall be deemed to have complied with the terms of the opt-out procedure and shall not be bound by the Agreement if approved by the Court. 9.4.3 After Notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things): (i) find that the Court has personal jurisdiction over all Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto; (ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties; (iii) find that the Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing; (3) business days after are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Opt-Out DeadlineFederal Rules of Civil Procedure, the Settlement Administrator shall provide Counsel a written list reflecting Due Process Clause of the United States Constitution, and the rules of the Court; (iv) dismiss the Action (including all timely individual claims and valid Opt-Outs from Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also be filed with Agreement; incorporate the Court at the time releases set forth above in Paragraph 8, make those releases effective as of the motion for final approval date of the settlementFinal Approval Order and Judgment; and (v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Class Members from filing, commencing, continuing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.

Opt-Outs. 66. Opt-Out Period a. 13.1 Any putative Settlement Class Members will have up Member who does not wish to participate in mail to the Settlement Administrator at the address set forth in the Class Notice and including approximately forty-five (45) days following postmarked no later than the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved A request for exclusion must be signed by the Court, all putative Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement Member, and the Class Releasemust include such individual’s name, address, and the relief provided telephone number that allegedly received a call sent by or on behalf of Defendant during the Settlement will be their sole Class Period, and exclusive remedy for must clearly state that the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who Person wishes to be excluded from the Litigation and this Settlement Class must provide a and the Settlement Agreement. A request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarkedthat does not include all of this information, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order that is sent to be valid, the Opt-Out must include: (a) an address other than that designated in the Class Member’s nameNotice, addressor that is not postmarked within the time specified, telephone numbershall be invalid, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person Person serving such a request shall be considered a member of the Settlement Class and shall be bound as a Settlement Class Member by the Court’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Person seeking to be excluded. So-called “mass” or “class” opt-outs shall not be allowed. 13.2 Any Person in the Settlement Class who submits a request for exclusion may not file an objection to the Settlement, and any such purported objection filed by a Person in the Settlement Class who has requested exclusion shall be deemed a nullity. If a Settlement Class Member submits a written request for exclusion pursuant to Paragraph 13.1 above, he or she shall be deemed to have complied with the terms of the opt-out procedure and shall not be bound by the Agreement if approvedapproved by the Court. c. Within three (3) business days after the Opt-Out Deadline13.3 After Class Notice is disseminated, the Settlement Administrator Parties shall provide Counsel a written list reflecting all timely request and valid Opt-Outs seek to obtain from the Settlement Class.Court a Final Approval Order and Judgment, which will (among other things): d. A list reflecting all timely and valid Opt-Outs shall also be filed with (i) find that the Court at has personal jurisdiction over the time Parties and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto; (ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Settlement Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the motion for final approval of Releasing Parties with respect to the settlement.Released Claims; (iii) find that the Class Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances;

Opt-Outs. 66. Opt-Out Period a. 8.1 The Preliminary Approval Order will set a deadline for Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes request to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an (“Opt-Out.” The ”). Any Opt-Out request from a Class Member must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) be in writing, (b) signed by the Class Member’s Member and all other Class Members on the applicable Covered Contract, (c) state the name, address, telephone number, account number, and last four digits of the telephone number(sSocial Security Number of the Class Member and all other Class Members on the applicable Covered Contract, (d) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) include a statement that the Class Member wishes and all other Class Members on the applicable Covered Contract request to be excluded from the Settlement Class. An Opt-Out must of the Class, and (e) include a reference to “White v. Ally Financial Inc., Case No. 3:18-CV-30143-MGM.” No Opt-Out request from a Class Member may be submitted or signed by an actual or purported agent or attorney acting on behalf of the Class Member, except in the case of a deceased Class Member, the Opt-Out request may be submitted and signed by an executor or similar administrator for the Class Member’s estate if accompanied by a death certificate and proof of appointment. An No Opt- Out request may be submitted on behalf of a group of Class Members, except that a single Opt-Out request may be submitted and signed by all Class Members on a single Covered Contract. Class Counsel will cause the Settlement Administrator to send each Opt-Out request to Class Counsel and Ally’s Counsel via email within two (2) Business Days after receiving the request. 8.2 To be timely and effective, any Opt-Out request from a Class Member must comply with Paragraph 8.1, be mailed to the Settlement Administrator at the address designated in the Class Notice, and be postmarked on or before the deadline set forth in the Preliminary Approval Order. Each Class Member who does not submit an Opt-Out request that does not contain complies with this Paragraph 8 will be fully, finally, and forever a Class Member included in the required information, is not signed, or is not electronically submitted or postmarked Class and bound by the settlement reflected in this Agreement if approved by the Court. Class Counsel and Ally’s Counsel will provide to the Court, on or before the Final Hearing Date, a list of all Persons, by reference to a unique identifier and last four digits of the Person’s Social Security Number, who have timely submitted a valid 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 approvedrequest. c. Within three (3) business days after the 8.3 If Opt-Out Deadlinerequests result in the exclusion of 5% or more of the Class from the settlement reflected in this Agreement, Ally, in its sole and absolute discretion, may elect to rescind this Agreement, with effects as further described in Paragraph 13. 8.4 Ally may elect to exercise the Settlement Administrator shall provide unilateral rescission right described in Paragraph 8.3 by delivering written notice to Class Counsel a on or before the date that is ten (10) Business Days after Ally’s receipt of written list reflecting notice of all timely and valid Opt- Out requests following the deadline for Opt-Outs from Out requests set forth in the Settlement ClassPreliminary Approval Order. 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-Outs. 66. Opt-Out Period a. The Notice shall explain the procedure for Settlement Class Members will have up to and including approximately fortyexclude themselves or “opt-five out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (4560) days following after the Notice Deadline to opt out of the settlement Deadline. The Notice also must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Section (Paragraph will lose the “Opt-Out Deadline”). If opportunity to exclude himself or herself from the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline and will be bound by the Settlement and Settlement. a. The Request for Exclusion must include the Class Releasename of the proceeding, the individual’s full name, current address, personal signature, and the relief provided by words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement will be their sole and exclusive remedy for at the claims alleged by top of the Settlement Classcommunication. 67. Optb. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-Out Process a. Any 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 who wishes to on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be excluded from void, and the Settlement Class must provide Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or 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 this Settlement Agreement, including the SettlementRelease contained herein, if approvedand judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within three seven (37) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel the Parties with a written complete and final list reflecting of all Opt Outs who have submitted a Request for Exclusion and have timely and valid Opt-Outs validity excluded themselves from the Settlement ClassClass and, upon request, copies of all Requests for Exclusion received. d. A list reflecting all timely and valid Opt-Outs All persons who Opt Out shall also not receive any benefits or be filed with bound by the Court at terms of this Agreement. All persons falling within the time definition of the motion for final approval Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the settlementFinal Approval Order and Judgment.

Opt-Outs. 661. Opt-Out Period a. Class Members shall have thirty (30) days from the mailing date on the Notice to file an Election to Opt Out of Settlement and Class Action. Exceptions will be made only for individuals who, because of a change in address, did not receive a Notice in the first mailing. In that event they will have 14 days from actual receipt or up to 15 days before the Final Approval Hearing, whichever comes first. 2. To effectively opt out of the settlement, thereby excluding themselves from the Lawsuit, the settlement, and including approximately forty-five the Class, Class Members must timely mail a letter to Class Counsel opting out of the case, as described in the Notice. If a fully completed and properly executed Opt Out Letter is not received by the Court or Class Counsel from a Class Member postmarked on or before thirty (4530) days following after the Notice Deadline mailing date on the Notice, then that Class Member will be deemed to have forever waived his or her right to opt out of the Class. Class Members who timely submit Opt Out Letters shall have no further role in the Lawsuit, and for all purposes, except with respect to any applicable tolling of the statute of limitations of their claims, they shall be regarded as if they never were either a party to the Lawsuit or a Class Member, and thus they shall not be entitled to any benefit as a result of the Lawsuit, this settlement in accordance with or this Section (Agreement, nor will they have released by operation of this Agreement any claims they may have against the “Opt-Out Deadline”)Releasees. If Class members who opt out shall have 30 days from the date of the Court’s order granting Final Approval of the settlement is finally approved to file a new lawsuit without losing the benefit of the statute of limitations tolled by this Lawsuit. 3. All Class Member communications concerning the Court, Settlement or Notice should be directed to Class Counsel. 4. Class Counsel shall provide to FXG on a biweekly basis a full and complete list of the names of all Settlement Class Members who have not opted submitted opt out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Classletters. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or 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. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement Class. 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-Outs. 669.1. Any Person who wishes to exclude themselves from the Settlement must submit a written Request to Opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the CourtSettlement Administrator, all Settlement Class Members who have not opted out by which shall be postmarked no later than the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for or submitted online through the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before portal and verified no later than the Opt-Out Deadline. b. In order 9.2. The written Request to be valid, the Opt-Out must include: must: (a) Identify the Class Member’s name, address, telephone number, and case name of the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; Action; (b) Identify the name and/or name, current address, email address, and phone number of this case; and the Person seeking exclusion from the Settlement; (c) Be personally signed by the Person seeking exclusion; (d) Include a statement that clearly indicating the Class Member wishes Person’s intent to be excluded from the Settlement ClassSettlement; (e) Request exclusion only for that one Person whose personal signature appears on the request; (f) State that the Person seeking exclusion personally purchased a product from an Affected Family Dollar Store, from January 1, 2020, through February 18, 2022; and (g) List the Affected Family Dollar Store(s) from which the Person seeking exclusion purchased a product from January 1, 2020 through February 18, 2022. 9.3. An To be effective and valid, opt-out requests submitted online must verify the Request to Opt-Out must be signed by no later than the Class Member. An Opt-Out Deadline using the link sent to the Person who submitted the request that for exclusion. 9.4. Opt-out requests seeking exclusion on behalf of more than one Person shall be deemed invalid by the Settlement Administrator. 9.5. Any Person who submits a valid and timely Request to Opt-Out in the manner described herein shall not: (i) be bound by any orders or judgments entered in connection with the Settlement; (ii) be entitled to any relief under, or be affected by, the Agreement; (iii) gain any rights by virtue of the Settlement Agreement; or (iv) be entitled to object to any aspect of the Settlement. 9.6. Any member of the Settlement Class who does not contain submit a valid and timely request for exclusion in the required information, is not signed, or is not electronically submitted or postmarked by manner described herein shall be deemed to be a Settlement Class Member upon expiration of 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 Settlementall subsequent proceedings, if approvedorders, and judgments applicable to Settlement Class Members. c. Within three (3) business days 9.7. As soon as practicable after the Opt-Out Deadline, the Settlement Administrator shall provide the Court, Defendants, and Class Counsel with a written list reflecting all of the Persons who timely and valid Optvalidly requested to opt-Outs out from the Settlement ClassSettlement. 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-Outs. 66. Opt-Out Period a. Any Class Members will have up Member, other than any Class Representative, may elect to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by excluded from the Settlement and the Settlement Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by Opting-Out of the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes desires to be excluded from the Settlement Class must provide a request for exclusion give written notice of the election to Opt-Out on or before the Opt Out Deadline specified in the Preliminary Approval Order, mailed to the Settlement Administrator, known as an “Opt-Out.” The . Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must includerequests must: (ai) be signed by the Class Member’s Member who is requesting exclusion; (ii) include the full name, address, telephone numberphone number(s), and email(s) of the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this caseClass Member requesting exclusion; and (ciii) a statement that include the Class Member wishes following statement: “I/We request to be excluded from the Settlement Class. An Opt-Out must be signed by Class and Settlement in the Class Member. An Xxxxxxx Action.” No Opt-Out request that does not contain will be valid unless all of the required information, information described above is not signedincluded. No Class Member, or is 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 electronically submitted or postmarked by be allowed and shall be deemed invalid. b. The last date for Class Members to Opt-Out of a Settlement Class and Settlement will, subject to Court approval, be on the Opt-Out Deadline, shall be invalid and Deadline contained in the person serving such Preliminary Approval Order. Class Members who timely Opt-Out of a request shall be considered a member of the Settlement Class and Settlement will c. In the event that ten percent (10%) or more of a Settlement Class Opts-Out, Defendants shall have the option to elect to terminate this Agreement pursuant to Paragraph 16.1, in which circumstance the Settlement will become null and void and the Parties and status of the Action will return to the status quo ante as described in Paragraph 16.14. d. The Settlement Administrator shall provide the Parties weekly written updates identifying the number, and identity of Class Members who have elected to Opt-Out from the Settlement Class. The final update shall be bound by the Settlement, if approved. c. Within three provided within ten (310) business days after the Opt-Out Deadline, the and Defendants shall then have ten (10) days to notify Plaintiffs if they elect to terminate this Agreement pursuant to Subsection (d) of Paragraph 16.1. e. The Class Representatives affirmatively support this Settlement Administrator shall provide Counsel a written list reflecting all timely and valid agree not to Opt-Outs from Out of this Settlement. None of the Settlement Class. d. A list reflecting all timely and valid Class Representatives, Class Counsel, or Defendants or their counsel shall in any way encourage any Class Member to Opt-Outs shall also be filed with the Court at the time of the motion for final approval of the settlementOut, file an Objection, or discourage any Class Member from participating in this Settlement.

Opt-Outs. 66Any member of the Settlement Class, other than the Named Plaintiff, may elect to be excluded from this Settlement and from the Settlement Class by timely and properly opting out of the Settlement Class. Opt-Out Period a. Any member of the Settlement Class Members will have up who desires to be excluded from the Settlement Class must give to the Settlement Administrator on or before the date specified in the Settlement Notice written notice of his election to be excluded,. Any notice of exclusion shall include the following from the member of the Settlement Class seeking to be excluded: (a) full name, (b) phone number, (c) current address, (d) address(es) at which the person received service under the Defendants’ Variable Rate Electricity Plan, (e) a statement that the person wishes to be excluded from the settlement, and including approximately forty-five (45f) days following the Notice Deadline signature of the person who wishes to be excluded from the settlement. The last date to opt out of the settlement Settlement Class will be seventy-five (75) days after the Preliminary Approval Date, subject to Court approval and inclusion in accordance with this Section the Settlement Notice (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or 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 who timely and shall properly opts out of the Settlement Class pursuant to the terms of this Agreement will not be bound by the terms of this Agreement, including any releases contained herein. Named Plaintiff agrees not to opt out of this Settlement, if approved. c. Within three but rather affirmatively to support entry of the Final Approval Order. None of the Named Plaintiff, Class Counsel, Defendants, or Defendants’ counsel shall in any way encourage any member of the Settlement Class to opt out or discourage any member of the Settlement Class from participating in this Settlement. No later than fourteen (314) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Class Counsel a written list reflecting all timely and valid Defendants’ Counsel with the percentage of the Settlement Class that has opted out of this Agreement (the “Opt-Outs Out Percentage”). If fifteen (15) percent or more of the Settlement Class exercise the right to opt out of the Settlement Class, Defendants shall, in their sole discretion, have the right to rescind this Settlement Agreement by written notice to Class Counsel within ten (10) business days after receiving the Opt-Out Percentage from the Settlement ClassAdministrator. 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-Outs. 6657. Any Potential Class Member who does not wish to participate in this Settlement must write to Class Counsel stating an intention to be excluded from this Settlement. Potential Class Members who want to opt out must complete the Opt-Out Period a. Form attached as Schedule E, and send it via regular, first class, or registered mail to Class Members will have up Counsel. The envelope containing the Opt-Out Form sent to and including approximately forty-five (45) days following the Notice Deadline to opt out Class Counsel must be postmarked no later than the last day of the settlement in accordance with this Section (the “Opt-Out Deadline”), which is 45 days after the publication of the Pre-Approval Notice. If the settlement is finally approved The Opt-Out Form must be personally signed by the Court, all Settlement person who wishes to opt out. So-called “mass” or “class” opt-outs shall not be allowed. 58. Class Members who have not opted want to opt out and who are also residents of Quebec must, in addition to complying with section 57 above, do so by giving notice to the Clerk of the Superior Court of Quebec by the Opt-Out Deadline will be bound and in the manner prescribed by the Settlement and Code of Civil Procedure, as well as complete the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Form and file it with the Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before Counsel by the Opt-Out Deadline. b. In order 59. Any Class Member who does not Opt-Out of the Settlement has the right to object to the Settlement, if it meets the above-mentioned conditions and qualifies as a Potential Class Member. Any Class Member who wishes to object must timely submit an Objection, as provided for in this Settlement Agreement. If a person who would otherwise be valida Potential Class Member submits both an Objection and an Opt-Out, he or she shall be deemed to have complied with the terms of the Opt-Out must include: (a) the Class Member’s name, address, telephone numberprocedure, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement that the Class Member wishes to shall not be excluded from bound by the Settlement Class. An Opt-Out must be signed Agreement, if approved by the Class MemberCourt. 60. An Opt-Out request that does not contain Within fifteen (15) days after the required information, is not signed, or is not electronically submitted or postmarked by expiration of the Opt-Out Deadline, Class Counsel shall be invalid provide the Defendants with an Opt-Out Report advising as to the names of any Opt-Outs, the reasons for their opting out, if known, and a copy of all information provided by that Opt-Out. 61. Upon the person serving such a request shall be considered a member Approval Judgment becoming final, any Class Member who has not timely opted out of the Settlement Class and shall be bound by the Settlement, if approved. c. Within three (3) business days after the Opt-Out Deadline, terms of the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs from the Settlement ClassAgreement. 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-Outs. 66. Opt-Out Period a. A Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to Member may opt out of the settlement Settlement by submitting an opt-out request to the Settlement Administrator by U.S. mail, as set forth in accordance with this Section (the “OptNotice. Any such opt-Out Deadline”). If the settlement is finally approved by the Courtout request, all Settlement Class Members who have not opted out in order to be timely, must be postmarked by the Opt-Out Deadline will be bound (or other date required by the Settlement and Court). The Request for Exclusion must set forth the Class Releasefollowing: (a) the name of this Action (“Xxxxxxxx x. Xxxxx-Xxxxxx Corporation”); (b) the full name, address, and telephone number of the relief provided by person requesting to be excluded; (c) the Settlement will be their sole and exclusive remedy words “Request for Exclusion” at the claims alleged by top of the Settlement Class.document; and 67. Opt-Out Process a. Any Class Member who wishes to (d) a declaration stating “I request that I be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Optin Xxxxxxxx x. Xxxxx-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone numberXxxxxx Corporation, and do not wish to participate in the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement settlement. I understand that the Class Member wishes by requesting to be excluded from the Settlement Class. An Opt, I will not receive any benefits under the Settlement.” Requests to opt-Out out must be signed exercised individually by the a Class Member. An Opt-Out request that does , not contain the required informationas or on behalf of a group, is not signedclass, or is not electronically submitted or postmarked by the Opt-Out Deadline, subclass. A list of Class Members submitting a timely request for exclusion shall be invalid submitted to the Court with the Motion for Final Approval. All Class Members who do not timely and the person serving such a request shall be considered a member of properly exclude themselves from the Settlement Class and shall be bound by the Settlementthis Agreement, if approved. c. Within three (3) business days after the Optand their claims shall be released as provided for herein. A Class Member cannot submit an opt-Out Deadlineout request and a Claim Form. If a Class Member submits an opt-out request and a Claim Form, the Settlement Administrator shall provide Counsel will determine based on the communication with the latest date (provided it is timely) whether the Class Member intends to opt out or submit a written list reflecting all timely Claim Form. A Class Member cannot submit both an opt-out request and valid an objection. If a Class Member submits both an opt-out request and an objection, the Settlement Administrator will send a letter explaining that they are not permitted to make both such requests, and asking the Class Member to make a final decision as to whether to opt out or object and inform the Settlement Administrator of that decision within ten (10) days. If the Class Member does not respond to that communication within ten (10) days after it was mailed (or by the Objection and Opt-Outs from Out Deadlines, whichever is later), the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also Class Member will be filed with the Court at the time treated as having opted out of the motion for final approval of Class, and the settlementobjection will not be considered, subject to the Court’s discretion.

Opt-Outs. 66. Opt-Out Period a. A Settlement Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to Member may opt out of the settlement Settlement by submitting an opt-out request to the Settlement Administrator by U.S. mail, as set forth in accordance with this Section (the “OptNotice. Any such opt-Out Deadline”). If the settlement is finally approved by the Courtout request, all Settlement Class Members who have not opted out in order to be timely, must be postmarked by the Opt-Out Deadline will be bound (or other date required by the Settlement and Court). The Request for Exclusion must set forth the Class Releasefollowing: (a) The name of this Action (“Xxxxxxxx v. Xxxxxxxx Xxxxx Medical Center”); (b) the full name, address, and telephone number of the relief provided by person requesting to be excluded; (c) the Settlement will be their sole and exclusive remedy words “Request for Exclusion” at the claims alleged by top of the Settlement Class.document; and 67. Opt-Out Process a. Any Class Member who wishes to (d) a declaration stating “I request that I be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone numberin Xxxxxxxx v. Xxxxxxxx Xxxxx Medical Center, and do not wish to participate in the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement settlement. I understand that the Class Member wishes by requesting to be excluded from the Settlement Class. An Opt, I will not receive any benefits under the Settlement.” Requests to opt-Out out must be signed exercised individually by the a Settlement Class Member. An Opt-Out request that does , not contain the required informationas or on behalf of a group, is not signedclass, or is not electronically submitted or 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. subclass. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel furnish to counsel for the Settling Parties a written complete list reflecting of all timely and valid Opt-Outs requests for exclusion, which shall be submitted to the Court in advance of the Final Approval Hearing. All Settlement Class Members who do not timely and properly exclude themselves from the Settlement Class. d. Class shall be bound by this Agreement, and their claims shall be released as provided for herein. A list reflecting all timely Settlement Class Member cannot submit an opt-out request and valid Opta Claim Form. If a Settlement Class Member submits an opt-Outs shall also be filed out request and a Claim Form, the Settlement Administrator will determine based on the communication with the Court at latest date (provided it is timely) whether the time of the motion for final approval of the settlementSettlement Class Member intends to opt out or submit a Claim Form.

Opt-Outs. 66. OptA member of the Settlement Class who wishes to opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, do so on or before the Opt-Out and Objection Deadline. b. In order to be valid. To opt-out, a Settlement Class member must inform the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement Settlement Administrator in writing that the Class Member he or she wishes to be excluded from the Settlement Class. An Opt, sending that request by U.S. Mail, post-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 electronically submitted or postmarked by marked no later than the Opt-Out and Objection Deadline, shall or by private courier (e.g., Federal Express), shipped no later than the Opt-Out and Objection Deadline. The opt-out request must be invalid and personally signed by the person serving such a request shall be considered a member of the Settlement Class and shall be bound by contain the Settlementname, if approved. c. Within three (3) business days after the Opt-Out Deadlinepostal address, telephone number, a brief statement identifying membership in the Settlement Administrator shall provide Counsel Class, and a written list reflecting all timely and valid Opt-Outs statement that indicates a desire to be excluded from the Settlement Class. A member of the Settlement Class may opt out on an individual and personal basis only; so--outs shall not be allowed. d. A list reflecting all a. Except for those members of the Settlement Class who timely and valid Optproperly submit an opt-Outs shall also be filed with the Court at the time out request, all other members of the motion Settlement Class will be deemed to be Settlement Class Members for final approval all purposes under the Agreement, and upon the Effective Date, will be bound by its terms, regardless of whether they file a Claim Form or receive any Settlement Benefit. b. Any member of the settlementSettlement Class who properly opts-out of the Settlement Class shall not: (i) be bound by any orders or judgments entered in the Action or relating to the Settlement; (ii) be entitled to relief under, or be affected by, the Agreement; (iii) gain any rights by virtue of the Agreement; or (iv) be entitled to object to any aspect of the Settlement. Any statement or submission purporting or appearing to be both an objection and an opt-out shall be treated as a request for exclusion.

Opt-Outs. 66. Opt-Out Period a. Any member of the Settlement Class Members will have up may elect to be excluded from this Settlement and including approximately forty-five (45) days following from the Notice Deadline to opt Settlement Class by timely and properly opting out of the settlement in accordance with this Section (Settlement Class. Any member of the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes desires to be excluded from the Settlement Class must provide a request for exclusion give to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, Claims Administrator on or before the Opt-Out Deadline. b. In order date specified in the Settlement Notice written notice of his election to be valid, excluded. Any notice of exclusion shall include the Opt-Out must includefollowing from the member of the Settlement Class seeking to be excluded: (a) the Class Member’s full name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and phone number, (c) email address, (d) current address, (e) a statement that the Class Member person wishes to be excluded from the Settlement Classsettlement, and (f) the signature of the person who wishes to be excluded from the settlement (or is authorized to make such request for an entity that wishes to be excluded from the settlement). An OptAny such opt-Out out request must be signed by made in accordance with the Class Memberterms set forth in this Agreement. An Opt-Out request that does not contain Notice will be timely only if postmarked no later than 60 calendar days before the required information, is not signed, Final Fairness Hearing. The Claims Administrator will provide Defendants’ Counsel in writing a list of those persons or is not electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall be considered a member entities who have opted out of the Settlement Class and shall be bound by the Settlement, if approved. c. Within three the opt-out percentages, and how those opt-out percentages were determined. Settlement Class Members who timely opt-out of the Class Action Settlement shall: (3a) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid Opt-Outs be excluded from the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also be filed with Settlement; (b) have no right to receive any benefits under the Court at the time of the motion for final approval of the settlement.Settlement;

Opt-Outs. 66. Opt-Out Period a. All individuals on the Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to List may opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Optsubmitting a valid request for exclusion. All opt-Out Deadline will outs must be bound submitted by mail, in writing, addressed to the Settlement Administrator. The postmark deadline for requests for exclusion is sixty (60) days from the initial mailing of Class Notice and Claim Form. To be valid, the written request must state: “I do not want to be part of the Settlement Class in Xxxxxx x. Xxxxxxxx & Xxxxx Associates, Ltd.,” or contain words to that effect. It must be signed and include the name of the individual on the Class ReleaseList making the request, along with name, address, phone number, and last four digits of their social security number. Notwithstanding the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by foregoing, no person within the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide , or any person acting on behalf of or in concert or participation with that person, may submit a request for exclusion of any other person on the Class List. Requests for exclusion submitted en masse will be invalid. The Settlement Administrator shall provide copies of opt-outs received to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or 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. Within Parties no later than three (3) business days after they are received by the Opt-Out DeadlineSettlement Administrator. No later than fourteen (14) days before the Final Approval Hearing, the Settlement Administrator shall provide Counsel to Class Counsel, who shall file it with the Court, a written list reflecting declaration verifying that notice has been provided to the Settlement Class as set forth herein and listing all of the valid opt-outs received. All individuals on the Class List who timely and submit a valid Optopt-Outs out will exclude themselves from the Settlement Class and preserve their ability to independently pursue, at their own expense, any individual, non-class, non-representative claims he or she claims to have against Defendant. Any such individual on the Class List who so opts out will not be bound by further orders or judgments in the Litigation as they relate to the Settlement Class. d. A list reflecting all timely and valid Opt-Outs . In the event of ambiguity as to whether someone has requested to be excluded, the individual shall also be filed with the Court at the time deemed not to have requested exclusion pursuant to this Section. No person who has opted out of the motion for final approval Settlement Class may object to any part of the settlementthis Settlement Agreement.

Opt-Outs. 66. Unless determined otherwise by the Court, any Class Member who does not submit an Opt-Out out Statement pursuant to this Agreement, will be deemed to have accepted the settlement and the terms of this Agreement, be bound by the Final Approval Order in this case, and have all Released Class Claims as defined above released and dismissed with prejudice. (A) The last day to opt-out of the settlement (“Opt-out Period”) shall be the Bar Date. a. (B) Class Members will have up who choose to opt-out of the settlement as set forth in this Agreement must submit a written, signed statement that includes his or her name, address, and including approximately fortytelephone number to the Settlement Claims Administrator via First Class United States Mail, email, or facsimile. The written, signed statement must clearly indicate his or her intention to opt-five out, such as through use of the following examples: “I opt out of the Xxxxxxxx litigation settlement, “ or “I opt out of the Edison and Preferred home health care benefits settlement.” (45) days following the Notice Deadline “Opt-out Statement”). The Settlement Claims Administrator shall, in consultation with Class Counsel, determine whether an Opt-out Statement properly expresses an intent to opt out of the settlement in accordance with this Section (the “settlement. To be effective, an Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. Any Class Member who wishes to be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out Statement must be postmarkedpost-marked, faxed, or submitted electronically via the Settlement Website, emailed on or before the Bar Date. (C) Defendants may terminate this Agreement solely upon written notice to the Class Counsel and Settlement Claims Administrator if more than seven and one-half percent (7.5%) of the total Class Members timely opt out of settlement participation. (D) The Settlement Claims Administrator will stamp the received date on the original of each Opt-Out Deadline. b. In order to be valid, the out Statement that it receives and shall serve copies of each Opt-Out must include: (a) the out Statement on Class Member’s name, address, telephone number, Counsel and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) 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 electronically submitted or 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. Within Defense Counsel no later than three (3) business days after receipt, with all address and social security numbers redacted from them. This obligation shall be on-going, regardless of whether the Opt-Out Deadlineout Statement is timely or not. The Settlement Claims Administrator will, within 24 hours of the Settlement Administrator shall provide Counsel a written list reflecting all timely and valid end of the Opt-Outs from the Settlement Class. d. A out Period, send a final list reflecting of 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.out Statements to Class

Opt-Outs. 66. Opt-Out Period a. A Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to Member may opt out of the settlement Settlement by submitting an opt-out request to the Settlement Administrator by U.S. mail, as set forth in accordance with this Section (the “OptNotice. Any such opt-Out Deadline”). If the settlement is finally approved by the Courtout request, all Settlement Class Members who have not opted out in order to be timely, must be postmarked by the Opt-Out Deadline will be bound (or other date required by the Settlement and Court). The Request for Exclusion must set forth the Class Releasefollowing: (a) The name of this Action (“Xxxxxx-Xxxxxxxxx v. St. Xxxxxxx College”); (b) the full name, address, and telephone number of the relief provided by person requesting to be excluded; (c) the Settlement will be their sole and exclusive remedy words “Request for Exclusion” at the claims alleged by top of the Settlement Class.document; and 67. Opt-Out Process a. Any Class Member who wishes to (d) a declaration stating “I request that I be excluded from the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Optin Xxxxxx-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone numberXxxxxxxxx v. St. Xxxxxxx College, and do not wish to participate in the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number of this case; and (c) a statement settlement. I understand that the Class Member wishes by requesting to be excluded from the Settlement Class. An Opt, I will not receive any benefits under the Settlement.” Requests to opt-Out out must be signed exercised individually by the a Class Member. An Opt-Out request that does , not contain the required informationas or on behalf of a group, is not signedclass, or is not electronically submitted or 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. subclass. Within three seven (37) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel furnish to counsel for the Parties a written complete list reflecting of all timely and valid Opt-Outs requests for exclusion, which shall be submitted to the Court with the Motion for Final Approval. All Class Members who do not timely and properly exclude themselves from the Settlement Class. d. Class shall be bound by this Agreement, and their claims shall be released as provided for herein. A list reflecting all timely Class Member cannot submit an opt-out request and valid Opta Claim Form. If a Class Member submits an opt-Outs shall also be filed out request and a Claim Form, the Settlement Administrator will determine based on the communication with the Court at latest date (provided it is timely) whether the time of the motion for final approval of the settlementClass Member intends to opt out or submit a Claim Form.

Opt-Outs. 662 9.3.1. Opt-Out Period a. Any Class Members will have up Member who does not wish to and including approximately forty-five (45) days following participate in the Settlement 3 must submit a Request for Exclusion to the Class Action Administrator, stating an intent to be 4 “excluded” from this Settlement. The written Request for Exclusion must be sent via first class 5 United States mail to the Class Action Administrator at the address set forth in the Notice Deadline to opt out of and 6 postmarked no later than thirty (30) calendar days before the settlement in accordance with this Section date set for the Fairness Hearing 7 (the “Opt-Out DeadlineDate”). If the settlement is finally approved The Request for Exclusion must be personally signed by the Court, all Settlement Class Member 8 and may only be on behalf of such signing Class Member. So-called “mass” or “class” opt-outs 9 shall not be allowed. Members who have “opt-out” will not opted out by release their claims pursuant to the Opt-Out Deadline will 10 Settlement Agreement. Members of the Class who fail to submit a valid and timely Request for 11 Exclusion on or before the date specified in the Notice shall be bound by all terms of the 12 Settlement Agreement and Final Judgment and Order. Every Request for Exclusion must contain 13 his or her (a) full name, (b) current address, (c) a clear statement communicating that he or she 14 elects to be excluded from the Class, does not wish to be a Class member, and elects to be 15 excluded from the Settlement, (d) his or her signature, and (e) the case name and case number 16 (Xxxxxxxx v. Ole Mexican Foods, Inc., Case No. 3:14-cv-04845-HSG (N.D. Cal.)). 17 9.3.2. Any Class Member who requests exclusion from the Settlement and does not 18 have the right to object to the Settlement. Any Class Release, and the relief provided by Member who does not request exclusion 19 from the Settlement will be their sole and exclusive remedy for has the claims alleged by right to object to the Settlement Class. 67Settlement. Opt-Out Process a. Any Class Member who wishes to 20 object must timely submit an objection, as set forth in Paragraph 9.1 above. If a Class Member 21 submits an objection and a written Request for Exclusion, he or she shall be excluded from deemed to have 22 complied with the Settlement Class must provide a request for exclusion to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via the Settlement Website, on or before the Opt-Out Deadline. b. In order to be valid, the Opt-Out must include: (a) the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) the name and/or number terms of this case; and (c) a statement that the Class Member wishes to be excluded from the Settlement Classopt-out procedure. 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 electronically submitted or postmarked by the Opt-Out Deadline, shall be invalid and the person serving such a request shall His objection will be considered a member of the Settlement Class void and he 23 or she shall not be bound by the SettlementSettlement Agreement if approved by the Court. However, if approved. c. Within three (3) business days after the Opt-Out Deadline, the Settlement Administrator shall provide Counsel any 24 objector who has not submitted a written list reflecting all timely and valid Opt-Outs proper Request for Exclusion from the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also will be filed with 25 bound by the Court at the time terms of the motion for Settlement Agreement upon final approval of the settlementSettlement. 26 9.3.3. In the event that more than two percent of members of the Class exercise 27 their right to opt out then Defendant, may in its sole discretion, elect to terminate this Settlement 1 Agreement. Such termination shall be effected by Defendant giving notice of its election to 2 terminate the Settlement Agreement to the Court, Class Counsel and the Class Administrator not 3 later than five (5) days prior to the Fairness Hearing. In the event of any continuance of said 4 hearing, then Defendant’s right to terminate this Settlement Agreement shall be extended to not 5 later than five (5) days prior to the date of such continued hearing. In the event that Defendant 7 12.2 shall apply.

Opt-Outs. 66. Opt-Out Period a. Class Members will have up to and including approximately forty-five (45) days following the Notice Deadline to opt out of the settlement in accordance with this Section (the “Opt-Out Deadline”). If the settlement is finally approved by the Court, all Settlement Class Members who have not opted out by the Opt-Out Deadline will be bound by the Settlement and the Class Release, and the relief provided by the Settlement will be their sole and exclusive remedy for the claims alleged by the Settlement Class. 67. Opt-Out Process a. 9.4.1 Any Class Member who wishes does not wish to participate in this Settlement must write to the Settlement Administrator stating an intention to be excluded “excluded” from the Settlement Class must provide a this Settlement. This written request for exclusion must be sent via first class United States mail to the Settlement Administrator, known as an “Opt-Out.” The Opt-Out must be postmarked, or submitted electronically via Administrator at the Settlement Website, on or before address set forth in the Notice and postmarked no later than the Opt-Out Deadline. b. In order to . A request for exclusion must be validsigned by the Class Member, the Opt-Out and must include: (a) include the Class Member’s name, address, telephone number, and the telephone number(s) at which any Calls (including any texts) from Xxxxx Fargo were received; (b) number that allegedly received a call made by or on behalf of Defendant during the name and/or number of this case; Settlement Class Period, and (c) a statement must clearly state that the Class Member Person wishes to be excluded from the Settlement ClassLitigation and the Agreement. An Opt-Out A request for exclusion that does not include all of this information, or that is sent 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 a member of the Class and shall be bound as a Class Member by the Court’s Orders in this Litigation and by this Agreement, if approved. The request for exclusion must be personally signed by the Class Member. An OptSo-Out called “mass” or “class” opt-outs shall not be allowed. 9.4.2 Any Person in the Class who submits a request that does for exclusion may not contain file an objection to the required informationSettlement. If a Class Member submits a written request for exclusion pursuant to Paragraph 9.4.1 above, is not signed, he or is not electronically submitted or postmarked by the Opt-Out Deadline, she shall be invalid and deemed to have complied with the person serving such a request shall be considered a member terms of the Settlement Class opt-out procedure and shall not be bound by the Agreement if approved by the Court. 9.4.3 After Notice is disseminated and at least fifteen (15) days prior to the Final Approval Hearing, the Parties shall request and seek to obtain from the Court a Final Approval Order and Judgment, which will (among other things): (i) find that the Court has personal jurisdiction over all Class Members and that the Court has subject-matter jurisdiction to approve the Agreement, including all exhibits hereto; (ii) approve the Settlement Agreement and the proposed Settlement as fair, reasonable, and adequate as to, and in the best interests of, Class Members; direct the Parties and their counsel to implement and consummate the Agreement according to its terms and provisions; and declare the Agreement to be binding on, and have preclusive effect on all pending and future lawsuits or other proceedings maintained by or on behalf of Representative Plaintiff and the Releasing Parties; (iii) find that the Notice and the Notice Plan implemented pursuant to the Agreement (1) constitute the best practicable notice under the circumstances; (2) constitute notice that is reasonably calculated, under the circumstances, to apprise members of the Class of the pendency of the Litigation, their right to object to or exclude themselves from the proposed Settlement, if approved. c. Within three and to appear at the Final Approval Hearing; (3) business days after are reasonable and constitute due, adequate, and sufficient notice to all Persons entitled to receive notice; and (4) meet all applicable requirements of the Opt-Out DeadlineFederal Rules of Civil Procedure, the Settlement Administrator shall provide Counsel a written list reflecting Due Process Clause of the United States Constitution, and the rules of the Court; (iv) dismiss the Action (including all timely individual claims and valid Opt-Outs from Class Member claims asserted therein) on the merits and with prejudice, without fees or costs to any Party, except as provided in the Settlement Class. d. A list reflecting all timely and valid Opt-Outs shall also be filed with Agreement; incorporate the Court at the time releases set forth above in Paragraph 8, make those releases effective as of the motion for final approval date of the settlementFinal Approval Order and Judgment; and (v) forever discharge the Released Parties as set forth herein; permanently bar and enjoin all Class Members from filing, commencing, continuing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction related to the Released Claims.