Common use of Opt-Outs Clause in Contracts

Opt-Outs. 19.1 An individual or entity who is a Class Member that requests to be excluded from the Settlement Class may do so only by sending a written request on the form attached as Exhibit 14, along with the information requested in that form, personally signed by the person, Next Friend, personal representative, or entity (as opposed to counsel), to the address provided in the Settlement Class Notice that is postmarked on or before the date to be ordered by the Federal Court. If a Class Member files a request for exclusion, that person or entity may not file an objection under Article XX–Objections. 19.2 Within seven (7) calendar days after the date ordered by the Federal Court, Co-Lead Class Counsel shall provide Defendants, through their counsel, with a written list of all persons or entities who requested to be excluded, together with the form and information described in the preceding paragraph. 19.3 Each of the Defendants, in their sole discretion, shall have the option to rescind this Settlement Agreement as to itself: 19.3.1 If 200 or more members of the Adult Exposure Subclass request to be excluded; 19.3.2 If more than 100 but less than 200 members of the Adult Exposure Subclass request to be excluded and any of the following conditions are met: 19.3.2.1 more than 10 of the members requesting to be excluded had blood lead tests taken between April 25, 2014 and July 31, 2016 with results of 5 ug/dL or above; 19.3.2.2 more than 10 of the members requesting to be excluded lived or dwelled in a residence that had water samples taken between April 25, 2014 and July 31, 2016 with lead results of 15 ppb or above; or 19.3.2.3 more than 10 of the members requesting to be excluded lived or dwelled in a residence between April 25, 2014 and July 31, 2016 that had lead or galvanized steel service lines. 19.3.3 If any of the members of the Adult Exposure Subclass requesting to be excluded contracted or died of Legionnaires’ Disease between April 25, 2014 and December 31, 2018; 19.3.4 If 200 or more members of the Property Damage Subclass request to be excluded; or 19.3.5 If more than 100 but less than 200 members of the Property Damage Subclass request to be excluded and any of the following conditions are met: 19.3.5.1 more than 10 of the members owned real property that had water samples taken between April 25, 2014 and July 31, 2016 with lead results of 15 ppb or above; or 19.3.5.2 more than 10 of the members owned real property between April 25, 2014 and July 31, 2016 that had lead or galvanized steel service lines. 19.3.6 If 200 or more members of the Business Economic Loss Subclass request to be excluded. 19.4 Within seven (7) calendar days of the written list of all persons or entities requesting exclusion being provided, Co-Lead Class Counsel and rescinding Defendants’ Counsel will determine whether the condition permitting termination as set forth in the preceding paragraph has been triggered. Defendants shall have the right to rescind this Settlement Agreement by providing written notice to Co-Lead Class Counsel and Co-Liaison Counsel within fourteen (14) calendar days after the deadline for ascertaining whether this condition has been triggered. The process and procedures for rescission shall be as set forth in Article XVII–Rescission. 19.5 Within seven (7) calendar days of receiving such notice, Co-Lead Class Counsel shall provide Defendants with any challenges by Plaintiffs to such claim of entitlement to rescind this Settlement Agreement. If Co-Lead Class Counsel within that time provide Defendants with written notices from persons or entities on the list prepared pursuant to Paragraph 19.2 who rescind their requests for exclusion from the Settlement Class, then those prior persons or entities shall no longer be considered a person or entity seeking exclusion for purposes of this Article. In the event the Parties are unable to agree upon whether the conditions stated in Paragraph 19.3 has been triggered, they shall submit the issue to the Special Master for adjudication.

Opt-Outs. ‌ 19.1 An individual or entity who is a Class Member that requests to be excluded from the Settlement Class may do so only by sending a written request on the form attached as Exhibit 14, along with the information requested in that form, personally signed by the person, Next Friend, personal representative, or entity (as opposed to counsel), to the address provided in the Settlement Class Notice that is postmarked on or before the date to be ordered by the Federal Court. If a Class Member files a request for exclusion, that person or entity may not file an objection under Article XX–Objections. 19.2 Within seven (7) calendar days after the date ordered by the Federal Court, Co-Lead Class Counsel shall provide Defendants, through their counsel, with a written list of all persons or entities who requested to be excluded, together with the form and information described in the preceding paragraph. 19.3 Each of the Defendants, in their sole discretion, shall have the option to rescind this Settlement Agreement as to itself: 19.3.1 If 200 or more members of the Adult Exposure Subclass request to be excluded; 19.3.2 If more than 100 but less than 200 members of the Adult Exposure Subclass request to be excluded and any of the following conditions are met: 19.3.2.1 more than 10 of the members requesting to be excluded had blood lead tests taken between April 25, 2014 and July 31, 2016 with results of 5 ug/dL or above; 19.3.2.2 more than 10 of the members requesting to be excluded lived or dwelled in a residence that had water samples taken between April 25, 2014 and July 31, 2016 with lead results of 15 ppb or above; or 19.3.2.3 more than 10 of the members requesting to be excluded lived or dwelled in a residence between April 25, 2014 and July 31, 2016 that had lead or galvanized steel service lines. 19.3.3 If any of the members of the Adult Exposure Subclass requesting to be excluded contracted or died of Legionnaires’ Disease between April 25, 2014 and December 31, 2018; 19.3.4 If 200 or more members of the Property Damage Subclass request to be excluded; or 19.3.5 If more than 100 but less than 200 members of the Property Damage Subclass request to be excluded and any of the following conditions are met: 19.3.5.1 more than 10 of the members owned real property that had water samples taken between April 25, 2014 and July 31, 2016 with lead results of 15 ppb or above; or 19.3.5.2 more than 10 of the members owned real property between April 25, 2014 and July 31, 2016 that had lead or galvanized steel service lines. 19.3.6 If 200 or more members of the Business Economic Loss Subclass request to be excluded. 19.4 Within seven (7) calendar days of the written list of all persons or entities requesting exclusion being provided, Co-Lead Class Counsel and rescinding Defendants’ Counsel will determine whether the condition permitting termination as set forth in the preceding paragraph has been triggered. Defendants shall have the right to rescind this Settlement Agreement by providing written notice to Co-Lead Class Counsel and Co-Liaison Counsel within fourteen (14) calendar days after the deadline for ascertaining whether this condition has been triggered. The process and procedures for rescission shall be as set forth in Article XVII–Rescission. 19.5 Within seven (7) calendar days of receiving such notice, Co-Lead Class Counsel shall provide Defendants with any challenges by Plaintiffs to such claim of entitlement to rescind this Settlement Agreement. If Co-Lead Class Counsel within that time provide Defendants with written notices from persons or entities on the list prepared pursuant to Paragraph 19.2 who rescind their requests for exclusion from the Settlement Class, then those prior persons or entities shall no longer be considered a person or entity seeking exclusion for purposes of this Article. In the event the Parties are unable to agree upon whether the conditions stated in Paragraph 19.3 has been triggered, they shall submit the issue to the Special Master for adjudication.