Common use of Opt-Outs Clause in Contracts

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - Settlement Administrator postmarked no later than the Opt-Out Deadline. The Notice also must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

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Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - Who Opt-out of the Settlement. A. Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator postmarked no later than that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-Out out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to opt-out such as: “I opt out of the North Hempstead Country Club wage and hour class settlement.” (“Opt-out Statement”). To be effective, an Opt-out Statement must be postmarked by United States Postal Service on or before the Notice Response Deadline. B. The time period to opt-out of the settlement shall be on or before the Notice Response Deadline. 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 Defendants’ Counsel not later than three (3) days after receipt. The Notice also must state that any Settlement Claims Administrator shall, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. 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 Settlement Claims Administrator is relieved of its duties and responsibilities in connection with this Agreement. D. Any Class Member who does not file a timely Request for Exclusion in accordance with submit an Opt-out Statement pursuant to this Paragraph Agreement will lose be deemed to have accepted the opportunity to exclude himself or herself from settlement and the Settlement and terms of this Agreement, will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceedingApproval Order, the comparable statement that the individual does not wish to participate in and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement at Claims Administrator by the top of the communication. b. No person Notice response Deadline will be deemed Authorized Claimants. Defendants shall purport have no obligation to exercise pay or fund any exclusion rights of any other person, or purport (a) amounts allocated to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of submit a timely Claim Form as set forth in this Agreement and the Final Approval Order and JudgmentAgreement.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - who Opt-out of the Settlement. A. Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator postmarked no later than that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-Out Deadlineout Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to opt-out. To be effective, an Opt-out Statement must be postmarked by United States Postal Service on or before the Bar Date. B. The time period to opt-out of the settlement (“Opt-out Period”) shall be on 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 Defendants’ Counsel not later than three (3) days after receipt. The Notice Settlement Claims Administrator shall also must state that file with the Clerk of the Court stamped copies of any Opt-out Statements prior to the Fairness Hearing. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. 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 Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. D. Any Class Member who does not file a timely Request for Exclusion in accordance with submit an Opt-out Statement pursuant to this Paragraph Agreement will lose be deemed to have accepted the opportunity to exclude himself or herself from settlement and the Settlement and terms of this Agreement, will be bound by the SettlementFinal Order, and will have released any Released Class Claims and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Bar Date will be deemed Authorized Claimants. Defendants shall have no obligation to pay or fund any amounts allocated to Class Members who do not timely submit a Claim Form as set forth in this Agreement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms E. For purposes of this Agreement. All persons falling within , the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Named Plaintiffs are deemed to be Authorized Class who do Claimants, and are not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgmentrequired to file a Claim Form.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - Settlement Administrator postmarked no later than the Opt-Out Deadline. The Notice also must state that any Settlement (a) A Class Member who does not file a timely Request wishes to exclude himself, herself, or itself from this Agreement, and from the release of claims and defenses provided for under the terms of this Agreement, shall submit an Exclusion Letter by mail to the Settlement Administrator at the address listed in accordance with this Paragraph will lose the opportunity Notice. For an Exclusion Letter to be valid, it must be postmarked on or before the Bar Date to Opt Out. Any Exclusion Letter shall identify the Class Member, state that the Class Member wishes to exclude himself or herself from the Settlement Agreement, and will shall be bound by the Settlementsigned and dated. a. (b) The Request Settlement Administrator shall maintain a list of persons who have excluded themselves and shall provide such list to Defendant’s Counsel and Class Counsel at least five (5) days prior to the date Class Counsel is required to file the Motion for Final Approval. The Settlement Administrator shall retain the originals of all Exclusion must include Letters (including the name of envelopes with the proceedingpostmarks). The Settlement Administrator shall make the original Exclusion Letters available to Class Counsel, Defendant’ Counsel and/or the comparable statement that the individual does not wish to participate in the Settlement at the top of the communicationCourt upon two (2) court days’ written notice. b. No person shall purport (c) Defendants, in their sole discretion, have the right to exercise any exclusion rights of any other person, or purport (a) to terminate this Agreement if opt-out requests are validly filed by 5% or more of Settlement Class Members as a groupMembers. If any Defendant elects to terminate the settlement under this provision, in they must notify the aggregate, or as a class involving more than one Settlement Court and Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and Counsel within seven calendar days after the date the Settlement Class Member(s) who is or are Administrator reports the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after names appearing on the Opt-Out Deadline, List and in the Settlement Administrator shall provide Opt-Out Notices to the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this AgreementCourt. All persons falling within the definition Termination of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF settlement and this Restated Settlement Class who do not Opt Out Agreement under this provision shall be bound by result in the terms return to Defendants of any funds paid in connection with this Restated Settlement Agreement and within 5 business days of any Defendant providing notice of termination to the Final Approval Order and JudgmentCourt. In addition, termination under this provision shall cancel any releases or dismissals hereunder.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - who Opt-out of the Settlement. (A) Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator postmarked no later than that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-Out out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s time to opt-out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline. (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 Defendants’ Counsel not later than three (3) days after receipt. The Notice Settlement Claims Administrator shall also must state that file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. 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 Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (D) Any Class Member who does not file a timely Request for Exclusion in accordance with submit an Opt-out Statement pursuant to this Paragraph Agreement will lose be deemed to have accepted the opportunity to exclude himself or herself from settlement and the Settlement and terms of this Agreement, will be bound by the Settlement. a. The Request for Exclusion must include Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the name of Settlement Claims Administrator by the proceeding, the comparable statement that the individual Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not wish to participate submit a timely Claim Form as set forth in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - to exclude themselves or “opt-out” of the Settlement by submitting a Request for Exclusion to the Settlement Administrator postmarked no later than sixty (60) days after the Opt-Out Notice Deadline. The Notice also must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - Who Opt-out of the Settlement. 2.4.1. Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator postmarked no later than that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-Out out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to opt-out. To be effective, an Opt-out Statement must be signed by the Class Member and postmarked by the United States Postal Service or submitted via the Settlement Website on or before the Notice Response Deadline. 2.4.2. The time period to opt-out of the settlement shall be on or before the Notice also must state that any Response Deadline. 2.4.3. 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 three (3) days after receipt. The Settlement Claims Administrator shall, within twenty-four (24) hours of the end of the opt-out period, send a final list of all Opt-out Statements to Class Counsel and Defendant’s Counsel by both email and overnight delivery. 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 Settlement Claims Administrator is relieved of its duties and responsibilities in connection with this Agreement. 2.4.4. Any Class Member who does not file a timely Request for Exclusion in accordance with submit an Opt-out Statement pursuant to this Paragraph Agreement will lose be deemed to have accepted the opportunity to exclude himself or herself from settlement and the Settlement and terms of this Agreement, will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be voidFinal Approval Order, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member will have any and be bound by this Settlement Agreement, including the Release contained herein, all Released Claims released and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusiondismissed with prejudice. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain Any member of the procedure for Settlement Class, other than the Named Plaintiff, may elect to be excluded from this Settlement and from the Settlement Class Members - by timely and properly opting out of the Settlement Class. Any member of the Settlement Class who desires to be excluded from the Settlement Class must give to the Settlement Administrator postmarked no later than on or before the date specified in the Settlement Notice written notice of his election to be excluded, including the requestor’s full name and current address and signed by the requestor. The last date to opt out of the Settlement Class will be seventy-five (75) days after the Preliminary Approval Date, subject to Court approval and inclusion in the Settlement Notice (“Opt-Out Deadline”). The Notice also must state that any Any member of the Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from and properly opts out of the Settlement and 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. a. The Request for Exclusion must include the name , but rather affirmatively to support entry of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top Final Approval Order. None of the communication. b. No person shall purport to exercise any exclusion rights of any other personNamed Plaintiff, Class Counsel, Defendant, or purport (a) to opt-out Settlement Class Members as a group, Defendant’s counsel shall in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and any way encourage any member of the Settlement Class Member(s) who is to opt out or are discourage any member of the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by from participating in this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven Settlement. No later than fourteen (714) days after the Opt-Out Deadline, the Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with the Parties with a complete and final list percentage of all Opt Outs who the Settlement Class that has opted out of this Agreement (the “Opt-Out Percentage”). If fifteen (15) percent or more of the Settlement Class exercise the right to opt out of the Settlement Class, Defendant shall, in its sole discretion, have submitted a Request for Exclusion and have timely and validity excluded themselves 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 Class and, upon request, copies of all Requests for Exclusion receivedAdministrator. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement (A) Class Members - Settlement Administrator postmarked no later Members, other than the Opt-Out Deadline. The Notice also must state that any Settlement Class Member Named Plaintiffs, who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) choose to opt-out Settlement of the settlement as set forth in this Agreement must mail via First Class Members as United States Mail, postage prepaid, a groupwritten, in signed statement to the aggregateAdministrator that states he or she is opting out of the settlement, and include his or as a class involving more than one Settlement Class Member; her name, address, and telephone numbers and statement clearly indicating his or (b) her intention to opt-out more than one Settlement Class Member on a single papersuch as: “I opt out of the Montclair Golf Club wage-and hour-settlement” or words to that effect (“Opt-out Statement”). (B) To be effective, an Opt-out Statement must be post-marked or as an agent or representativereceived by the Administrator within sixty (60) days after the initial mailing of Notice to the Class. Any such purported Requests for Exclusion The end of the time period to opt-out of the settlement (“Opt-out Period”) shall be void, sixty (60) days after the initial mailing of Notice to the Class. (C) The Administrator will stamp the postmark date on the original of each Opt-out Statement that it receives and shall serve copies of each Opt-out Statement on Class Counsel and Defense Counsel not later than three (3) days after receipt thereof. The Administrator shall retain in its files the stamped originals of all Opt- Out Statements and the Settlement original envelopes containing Opt-Out Statements (D) The Administrator will send a final list of all Opt-out Statements to Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member Counsel and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven Defense Counsel no later than fourteen (714) days after the Opt-Out Deadline, out Period. The Administrator will retain the Settlement Administrator shall provide the Parties with a complete and final list stamped originals of all Opt Outs Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Administrator is formally relieved of its duties and responsibilities under this Agreement. (E) Any Class Member who have submitted does not submit a Request for Exclusion and have timely and validity excluded themselves from sufficient Opt-out Statement pursuant to this Agreement will be deemed to have accepted the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by settlement and the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall , will be bound by the terms of settlement in this Agreement case, and the Final Approval Order will have all State Law Claims released and Judgmentdismissed. Named Plaintiffs and any Class Members who endorse or cash their settlement check(s) will also release their FLSA Claims.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain Any member of the procedure for Settlement Class, other than the Named Plaintiff, may elect to be excluded from this Settlement and from the Settlement Class Members - by timely and properly opting out of the Settlement Class. Any member of the Settlement Class who desires to be excluded from the Settlement Class must give to the Settlement Administrator postmarked no later than 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 (f) the signature of the person who wishes to be excluded from the settlement. The last date to opt out of the Settlement Class will be seventy-five (75) days after the Preliminary Approval Date, subject to Court approval and inclusion in the Settlement Notice (“Opt-Out Deadline”). The Notice also must state that any Any member of the Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from and properly opts out of the Settlement and 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. a. The Request for Exclusion must include the name , but rather affirmatively to support entry of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top Final Approval Order. None of the communication. b. No person shall purport to exercise any exclusion rights of any other personNamed Plaintiff, Class Counsel, Defendants, or purport (a) to opt-out Settlement Class Members as a group, Defendants’ counsel shall in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and any way encourage any member of the Settlement Class Member(s) who is to opt out or are discourage any member of the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by from participating in this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven Settlement. No later than fourteen (714) days after the Opt-Out Deadline, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with the Parties with a complete and final list percentage of all Opt Outs who the Settlement Class that has opted out of this Agreement (the “Opt-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 submitted a Request for Exclusion and have timely and validity excluded themselves 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 Class and, upon request, copies of all Requests for Exclusion receivedAdministrator. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

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Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - Settlement Administrator postmarked no later than the Opt-Out Deadline57. The Notice also must state that any Settlement Any Potential Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual 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 Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other personOpt-Out Form attached as Schedule E, and send it via regular, first class, or purport (a) registered mail to optClass Counsel. The envelope containing the Opt-out Settlement Out Form sent to the Class Members as a group, in Counsel must be postmarked no later than the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject last day of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, which is 45 days after the publication of the Pre-Approval Notice. The Opt-Out Form must be personally signed by the person who wishes to opt out. So-called “mass” or “class” opt-outs shall not be allowed. 58. Class Members who 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 and in the manner prescribed by the Code of Civil Procedure, as well as complete the Opt-Out Form and file it with the Class Counsel by the Opt-Out Deadline. 59. Any Class Member who does not Opt-Out of the Settlement Administrator 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 a Potential Class Member submits both an Objection and an Opt-Out, he or she shall provide be deemed to have complied with the Parties with a complete terms of the Opt-Out procedure, and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Settlement Agreement, if approved by the Court. 60. All persons falling within Within fifteen (15) days after the definition expiration of the Docusign Envelope ID: 33D6254C-6DBD-405EOpt-B6EF-6C06EE32E1DF Out Deadline, Class Counsel shall 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 Approval Judgment becoming final, any Class Member who has not timely opted out of the Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and JudgmentSettlement Agreement.

Appears in 1 contract

Samples: Canadian Class Action Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement 1. Class Members - Settlement Administrator postmarked no later than the Opt-Out Deadline. The Notice also must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself 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 bound by made only for individuals who, because of a change in address, did not receive a Notice in the Settlementfirst 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. a. The Request for Exclusion must include the name 2. To effectively opt out of the proceedingsettlement, thereby excluding themselves from the Lawsuit, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be voidsettlement, and the Settlement Class, Class Member(s) who 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 are the subject of such purported Requests for Exclusion shall be treated as Class Counsel from a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he postmarked on or she submits a valid and timely Request for Exclusion. c. Within seven before thirty (730) days after the Opt-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 DeadlineLetters 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 or this Agreement, nor will they have released by operation of this Agreement any claims they may have against the Releasees. Class members who opt out shall have 30 days from the date of the Court’s order granting Final Approval of the settlement 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 Settlement Administrator or Notice should be directed to Class Counsel. 4. Class Counsel shall provide the Parties with to FXG on a biweekly basis a full and complete and final list of the names of all Opt Outs Class Members who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion receivedopt out letters. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain the procedure for Settlement Class Members - Settlement Administrator postmarked no later than the Opt-Out Deadline. The Notice also must state that any Settlement (a) A Class Member who does not file a timely Request wishes to exclude himself or herself from this Agreement, and from the release of claims and defenses provided for under the terms of this Agreement, shall submit an Exclusion Letter by mail to the Claims Administrator at the address listed in accordance with this Paragraph will lose the opportunity Notice. For an Exclusion Letter to be valid, it must be postmarked on or before the Bar Date to Opt Out. Any Exclusion Letter shall identify the Class Member, state that the Class Member wishes to exclude himself or herself from the Settlement Agreement, and will shall be bound signed by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any requesting exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representativeand dated. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class Persons who do not Opt Out timely and validly opt out in accordance with the Notice shall be bound by all determinations and judgments in the terms action concerning the Agreement. (b) The Claims Administrator shall maintain a list of persons who have excluded themselves and shall provide such list to Defendant’s Counsel at least five (5) days prior to the date Class Counsel is required to file the Motion for Final Approval. At the same time, the Claims Administrator shall also provide Class Counsel with the total number of persons who opted out. The Claims Administrator shall retain the originals of all Exclusion Letters (including the envelopes with the postmarks). The Claims Administrator shall make the original Exclusion Letters available to Defendant’s Counsel and/or the Court upon two (2) court days’ written notice. To the extent Class Counsel requires access to the Exclusion Letters or the names of the individuals who opted-out, it must first consult with Defendant’s Counsel and obtain Defendant’s Counsel’s written consent that the Claims Administrator can provide such Exclusion Letters or names to Class Counsel. To the extent the Class Counsel and Defendant’s Counsel cannot reach an agreement as to whether Class Counsel is entitled to receive the Exclusion Letters or names, the Xxx. Xxxxxx X. Butcher, who mediated this case, shall resolve the issue. Such information shall be used only for purposes of the implementation of this Agreement and the Final Approval Order and JudgmentAgreement.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. The Notice shall explain 12.1 Persons who want to opt out of the procedure for Settlement BC Proceeding must do so by sending a written election to opt-out (“Election”) by pre-paid mail, courier or email to Class Members - Settlement Administrator postmarked no later than Counsel at an address identified in the Notice. An Election to opt-out will only be valid if it is received by Class Counsel at the designated address on or before the Opt-Out Deadline. . 12.2 The Notice also Election to opt-out must state that any Settlement Class Member who does not file a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and will be bound signed by the Settlement.person who wishes to opt out and either (i) in the form attached as Schedule C or (ii) contain the following information in order to be valid: a. The Request for Exclusion must include (a) the person’s full name, current address and telephone number; (b) if the person seeking to opt-out is a corporation, the name of the proceeding, corporation and the comparable statement that the individual does not wish to participate in the Settlement at the top position of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) submitting the request to opt-out Settlement on behalf of the corporation; (c) a statement to the effect that the person wishes to be excluded from the Proceedings; and (d) the reasons for opting out. 12.3 Opt out forms or documents that purport to opt out multiple Class Members as a groupMembers, or so-called “mass” or “class” opt-outs, shall not be permitted. 12.4 Persons who wish to opt out of the Quebec Class must, in addition to complying with sections 12.1 to 12.3 above, do so by giving notice to the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and Clerk of the Settlement Class Member(s) who is or are the subject Superior Court of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound Quebec by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, Deadline and in the Settlement Administrator manner prescribed by the Code of Civil Procedure and file it with Xxxxx Avocats Plaideurs Inc. by the Opt-Out Deadline in the form attached as Schedule C. 12.5 Class Counsel shall provide the Parties Defence Counsel with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion receivedElections or opt-out forms received by Class Counsel within five (5) business days of receipt. d. All persons 12.6 Upon the Settlement Approval Order becoming final, any Class Member who Opt Out shall has not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition timely opted out of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement the Settlement Agreement. 12.7 With respect to any potential Class Member who validly opts-out from the Proceedings, the Settling Defendants reserve all of their legal rights and defences. 12.8 The Plaintiffs expressly waive their right to opt-out of the BC Proceeding and the Final Approval Order and JudgmentQuebec Proceeding, respectively.

Appears in 1 contract

Samples: Settlement Agreement

Opt-Outs. ‌ 9.2.1 The Settlement Class Notice will provide instructions regarding the procedures that must be followed to Opt Out of the Settlement Class pursuant to Fla. R. Civ. P. 1.220(d)(2). Class Counsel shall explain provide copies of all requests to Opt Out to the procedure Settling Parties within twenty-four (24) hours after receipt of each such request. Valid requests to Opt Out from the Settlement Class will become effective on the Final Approval Date. If a question is raised about the authenticity of a request to Opt Out, the Settlement Administrator, Class Counsel, or any Settling Party will have the right to demand additional proof of the individual’s identity and intent. Anyone who has submitted a valid request to Opt Out may not file an objection. 9.2.2 All Settlement Class Members who do not timely and properly Opt Out from the Settlement Class will in all respects be bound by all terms of this Settlement Agreement and the Final Order and Judgment upon the Effective Date, will be entitled to all procedural opportunities and protections described in this Settlement Agreement and provided by the Court, and to all compensation and benefits for which they qualify under its terms, and will be barred permanently and forever from commencing, filing, initiating, prosecuting, asserting, and/or maintaining any and all Released Claims against any Released Parties in any court of law or equity, arbitration tribunal, or administrative or other forum. 9.2.3 Settlement Class Members shall have fourteen (14) days following the date of the Settlement Class Notice to Opt Out of the Settlement. The Settling Parties and Class Counsel will certify to the Court the date that Settlement Class Notice is issued. 9.2.4 The Parties agree that, to Opt Out validly from the Settlement Class, a Settlement Class Member must submit a written request, via electronic mail and United States mail, to Opt Out stating “I am a member of the Settlement Class and I wish to exclude myself from the Settlement Class in In Re: Champlain Towers South Collapse Litigation, Case No. 2021-15089 CA 01” to the Claims Administrators on or before the fourteen (14) day deadline set forth herein. That written request also will contain the Settlement Class Member’s printed name, address, telephone number, and date of birth and enclose a copy of his or her driver’s license or other government issued identification. A written request to Opt Out may not be signed using any form of electronic signature but must contain the dated Personal Signature of the Settlement Class Member seeking to exclude himself, herself, or itself from the Settlement Class. Attorneys for Settlement Class Members - may submit a written request to Opt Out on behalf of a Settlement Administrator postmarked no later than Class Member, but such request must contain the Opt-Out Deadline. The Notice also must state that Personal Signature of the Settlement Class Member. 9.2.5 Prior to the Final Approval Date, any Settlement Class Member who does not file Member, including a timely Request for Exclusion in accordance with this Paragraph will lose the opportunity Representative Claimant or Derivative Claimant, may seek to exclude himself revoke his, her, its, or herself their Opt Out from the Settlement Class by submitting a written request to Class Counsel and will be bound by the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not Settling Parties stating “I wish to participate in revoke my request to be excluded from the Settlement at Class” and also containing the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; ’s printed name, address, telephone number, and date of birth and enclose a copy of his or (b) her driver’s license or other government issued identification. The written request to opt-out more than one revoke an Opt Out must contain the Personal Signature of the Settlement Class Member on a single paperseeking to revoke his, her, or as an agent or representative. Any such purported Requests for Exclusion shall be void, and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusionits Opt Out. c. Within 9.2.6 The Fairness Hearing shall not occur any earlier than seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all deadline to Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion receivedOut. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall be bound by the terms of this Agreement and the Final Approval Order and Judgment.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Opt-Outs. The Notice shall explain Unless determined otherwise by the procedure for Settlement Class Members - Settlement Administrator postmarked no later than the Opt-Out Deadline. The Notice also must state that Court, any Settlement Class Member who does not file a timely Request for Exclusion in accordance with submit an Opt-out Statement pursuant to this Paragraph will lose the opportunity to exclude himself or herself from the Settlement and Agreement, will be bound by deemed to have accepted the Settlement. a. The Request for Exclusion must include the name of the proceeding, the comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. b. No person shall purport to exercise any exclusion rights of any other person, or purport (a) to opt-out Settlement Class Members as a group, in the aggregate, or as a class involving more than one Settlement Class Member; or (b) to opt-out more than one Settlement Class Member on a single paper, or as an agent or representative. Any such purported Requests for Exclusion shall be void, settlement and the Settlement Class Member(s) who is or are the subject of such purported Requests for Exclusion shall be treated as a Settlement Class Member and be bound by this Settlement Agreement, including the Release contained herein, and judgment entered thereon, unless he or she submits a valid and timely Request for Exclusion. c. Within seven (7) days after the Opt-Out Deadline, the Settlement Administrator shall provide the Parties with a complete and final list of all Opt Outs who have submitted a Request for Exclusion and have timely and validity excluded themselves from the Settlement Class and, upon request, copies of all Requests for Exclusion received. d. All persons who Opt Out shall not receive any benefits or be bound by the terms of this Agreement. All persons falling within the definition of the Docusign Envelope ID: 33D6254C-6DBD-405E-B6EF-6C06EE32E1DF Settlement Class who do not Opt Out shall , be bound by the terms of this Agreement and the Final Approval Order in this case, and Judgmenthave 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. (B) Class Members 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 telephone 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-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.” (“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. To be effective, an Opt-out Statement must be post-marked, faxed, or 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 Statement that it receives and shall serve copies of each Opt-out Statement on Class Counsel and Defense Counsel no later than three (3) 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 Statement is timely or not. The Settlement Claims Administrator will, within 24 hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class

Appears in 1 contract

Samples: Settlement Agreement

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