Common use of Opting Out Clause in Contracts

Opting Out. 10.1 Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using the Opt-Out Form, which shall be available on the settlement website and attached to the Long-Form Pre-Approval Notice, to the Settlement Notice and Claims Administrator at the address provided in the Long-Form Pre-Approval Notice, postmarked on or before a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long-Form Pre-Approval Notice and Pre-Approval Order. 10.2 Quebec Class Members who want to opt out must 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 of Quebec, as well as complete the Opt-Out Form and mail it to the Settlement Notice and Claims Administrator by the Opt-Out Deadline. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel shall provide to the Settlement Notice and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.

Opting Out. 10.1 Any Awareness of any Potential Opt-Outs 9.1 The Plaintiff and Class Counsel represent and warrant that as of the date of execution of this Agreement: (a) they are unaware of any Class Member who has expressed an intention to opt-out of the Class; (b) they are unaware of any Class Member who has expressed an intention to object to this Settlement; and (c) they will not encourage or solicit any Class Member to opt-out of the Class. 9.2 Each Class Member who wishes to be excluded exclude him, her or itself from the Class must mail submit a written request properly completed Opt-Out Form along with all required supporting documents to Class Counsel on or before the Opt-Out Deadline. An Opt-Out form shall consist of: (a) a statement of intention to opt out of the Action, signed by the Class Member or a person authorized to bind the Class Member; (b) a listing of all purchases and sales of Eligible Shares during the Class Period; (c) the total number of Eligible Shares held at the end of the Class Period; (d) supporting documents to evidence such transactions, in the form of trade confirmations, brokerage statements, or other transaction records or suitable alternative documentation as may be agreed between the Class Member and Class Counsel; and (e) contact information for exclusionthe Class Member, using including name, address, telephone number and email address. 9.3 In order to remedy any deficiency in the completion of an Opt-Out Form, which Class Counsel may require and request that additional information be submitted by a Class Member who submits an Opt-Out Form. 9.4 If a Class Member fails to submit a properly completed Opt-Out Form and/or all required supporting documents to Class Counsel, or fails to remedy any deficiency, by the Opt- Out Deadline, the Class Member shall be available on not have opted out of the settlement website and attached Action, subject to any order of the Court to the Long-Form Pre-Approval Noticecontrary, to and will in all other respects be subject to, and bound by, the Settlement Notice provisions of this Agreement and Claims Administrator at the address provided in the Long-Form Pre-Approval Notice, postmarked on or before a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long-Form Pre-Approval Notice and Pre-Approval Orderreleases contained herein. 10.2 Quebec Class Members who want to opt out must do so by giving notice to the Clerk of the Superior Court of Quebec by the 9.5 The Opt-Out Deadline will not be extended unless the Court orders otherwise. 9.6 Opt-out Parties will be excluded from any and in all rights and obligations arising from the manner prescribed Settlement. Class Members who do not opt-out shall be bound by the Code Settlement and the terms of Civil Procedure of Quebec, as well as complete the this Agreement. 9.7 Any Class Member who submits a properly completed Opt-Out Form and mail it may not also object to or support the Settlement Notice and Claims Administrator by the Opt-Out Deadline. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval HearingsAgreement. If a potential Class Member files a request for exclusion, he elects to opt out of the Class and objects to or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited tosupports the Settlement Agreement, the Release, Final Judgmentsopt-out election shall supersede, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel Objection/support shall provide to the Settlement Notice and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Releasebe deemed withdrawn.

Opting Out. 10.1 ‌ 6.1 Any Class Member who wishes desires to be excluded from the Settlement Class must mail a written request for exclusion, using submit to Class Counsel an Opt-Out Request to the address stated in the Class Notice or the Opt-Out Form, which shall be available on the settlement website and attached to the Long-Form Pre-Approval Notice, to the Settlement Notice and Claims Administrator at the address provided in the Long-Form Pre-Approval Notice, postmarked Request form on or before a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long-Form Pre-Approval Notice and Pre-Approval Order. 10.2 Quebec Class Members who want to opt out must 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 of Quebec, as well as complete the Opt-Out Form and mail it to the Settlement Notice and Claims Administrator by the Opt-Out Deadline. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies 6.2 Any election to opt out must be exercised individually by a Class Member, not as or on behalf of a group, class, or subclass, not by any written requests for exclusion appointees, assignees, claims brokers, claims filing services, claims consultants or third-party claims organizations, except that an election to opt out may be submitted by a Class Counsel and ToyotaMember’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11counsel on an individual basis. 10.4 6.3 Any Class Member who does not file submit a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited toproperly completed Opt-Out Request before the Opt-Out Deadline shall be deemed to be a member of the Settlement Class upon the expiry of the Opt-Out Deadline. 6.4 To exercise the opt-out right set out herein, the ReleaseClass Member must deliver an Opt-Out Request strictly in accordance with this Agreement. An Opt Out Request must:‌ (1) contain the name of the Action and court file number; (2) contain the Class Member’s full name and current address; (3) identify the name and address of the Class Member’s counsel, Final Judgmentsif any; (4) declare that the Class Member purchased a Blue Buffalo Pet Food Product and indicate the approximate date of such purchase, if known; (5) declare that the Class Member wants to be excluded from the Settlement Class; and (6) be signed and dated by the Class Member. 6.5 An Opt-Out Request will not be effective unless it is sent by regular mail, addressed to Class Counsel, and Final Orders in postmarked on or before the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating Opt-Out Deadline. 6.6 Any Class Member who elects to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 opt out of the Code Settlement Class in accordance with the terms of Civil Procedure this Agreement shall not be a Settlement Class Member and shall not be entitled to relief under this Agreement. 6.7 To the extent that the running of Quebec. Toyotaany statute of limitations, or any other defense of lapse of time has been suspended by operation of law as to any Released Claim, the same will continue to be suspended as to any Class Member who opts out of the Settlement until 30 Days after Class Counsel’s Counsel shall receipt of the relevant Opt-Out Request, or for such longer period as the law may provide without reference to this Agreement. 6.8 Any Class Member who wishes to object to the Settlement Notice and Claims Administrator, within 20 business days of must comply with the entry of rules for objection set out in the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the ReleaseClass Notice.

Opting Out. 10.1 Any 8.1 Class Members who opt out of this Settlement Agreement shall be excluded from the terms of the Settlement Agreement and from any and all rights and obligations under the Settlement Agreement. Class Members who do not opt out in the manner prescribed shall be deemed to have elected to participate in this Settlement Agreement and shall be bound by this Settlement Agreement and all related releases and Court orders, regardless of whether they receive any consideration or participate in the claims process. 8.2 Each Class Member who wishes to be excluded exclude himself, herself or itself from the Settlement Class must mail submit a written properly completed form along with all required supporting documents to Plaintiffs’ Counsel by the Deadline for Opt Out and Claim Filing. 8.3 In order to remedy any deficiency in the completion of any form, Plaintiffs’ Counsel may require and request for exclusionthat additional information be submitted by a Class Member who submits the appropriate form, using the Opt-Out Form, which but all such additional information shall be available on received by Plaintiffs’ Counsel by the settlement website Deadline for Opt Out and attached Claim Filing. 8.4 If a Class Member fails to submit a properly completed form and/or all required supporting documents to Plaintiffs’ Counsel or fails to remedy any deficiency by the Deadline for Opt Out And Claim Filing, the class member shall be deemed not to have opted out of the settlement, subject to any order of the Court to the Long-Form Pre-Approval Noticecontrary, to the Settlement Notice and Claims Administrator at the address provided will in the Long-Form Pre-Approval Noticeall other respects be subject to, postmarked on or before a date ordered and bound by the Court specifying that he or she wants to be excluded and otherwise complying with Settlement, the terms stated in of this Agreement and the Long-Form Pre-Approval Notice and Pre-Approval Orderreleases contained herein. 10.2 Quebec 8.5 Any form shall be deemed not to have been submitted until it is actually received by Plaintiffs’ Counsel. 8.6 The Deadline for Opt Out and Claim Filing will not be extended unless the Court orders otherwise. 8.7 Plaintiffs’ Counsel shall also provide to counsel for the defendants copies of all forms and additional information submitted to Class Members Counsel by the opt out parties. 8.8 The Plaintiffs and Plaintiffs’ Counsel represent and warrant that: (a) They are unaware of any class member who want has expressed an intention to opt out must do so by giving notice to the Clerk of the Superior Court class; and (b) They will not encourage or solicit any Class Member to opt out of Quebec the class. 8.9 The Settlement Agreement will be terminated if the defendants elect to terminate the settlement on the basis that the cumulative total investment of the class members who have opted out is $1,500,000.00 and the total number of individual class members who have opted out is not less than ten percent (10%) of the total number of investors who have invested in the Investment. For greater clarity, if the cumulative total of the loss sustained by the Opt-Out Deadline opt out parties meets or exceeds $1,500,000.00 based on a calculation of the face value of the investment in shares and bonds, and the total number of individual investors who opt out comprise a total of ten percent (10%) of the total number of investors who have invested in the manner prescribed by Investment, then the Code of Civil Procedure of Quebec, as well as complete Defendants may elect to terminate the Opt-Out Form and mail it to the Settlement Notice and Claims Administrator by the Opt-Out Deadlinesettlement. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel shall provide to the Settlement Notice and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.

Opting Out. 10.1 ‌ 5.1 Any member of the Class Member who wishes wants to be excluded from the Settlement Class must mail deliver to the Settlement Administrator a written request for exclusion, using properly completed Opt-Out Form by the Opt-Out Form, which shall Deadline. Opt-Out Forms will be made available by the Settlement Administrator on the settlement website Settlement Website by the Class Notice Date. Opt-Out Forms may be completed online and attached to the Long-Form Pre-Approval Notice, submitted electronically to the Settlement Notice and Claims Administrator, or mailed to the Settlement Administrator at the address provided in the LongNotice of Authorization and Approval Hearing. 5.2 Any election to opt out must be exercised individually by a Class Member, not as or on behalf of a group, class, or subclass, not by any appointees, assignees, claims brokers, claims filing services, claims consultants or third-party claims organizations, except that an election to opt out may be submitted by a Class Member’s counsel on an individual basis. 5.3 Any Class Member who does not submit a properly completed Opt-Out Form Prebefore the Opt-Approval NoticeOut Deadline shall be deemed to be a member of the Settlement Class upon the expiry of the Opt-Out Deadline. 5.4 To exercise the Opt-Out right set forth in this Section 5, postmarked on or before the Settlement Class Member must deliver a date ordered by properly completed Opt-Out Form strictly in accordance with this Agreement. The Opt-Out Form must: a) contain the Court specifying name of the Action and court file number; b) contain the Class Member’s full name and current address; c) identify the name and address of the Class Member’s counsel, if any; d) declare that he or she the Class Member purchased Dial Complete; e) declare that the Class Member wants to be excluded and otherwise complying with from the terms stated in Settlement Class; and f) be signed by the Long-Form Pre-Approval Notice and Pre-Approval OrderClass Member. 10.2 Quebec Class Members who want to opt out must do so 5.5 An Opt-Out Form will not be effective unless it is: a) sent by giving notice regular mail to the Clerk of the Superior Court of Quebec Settlement Administrator and postmarked by the Opt-Out Deadline Deadline; or b) submitted electronically through the Settlement Website and in the manner prescribed received by the Code of Civil Procedure of Quebec, as well as complete the Opt-Out Form and mail it to the Settlement Notice and Claims Administrator by the Opt-Out Deadline. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 5.6 Any Class Member who does elects to opt out of the Settlement Class pursuant to Section 5 shall not file be a timely written request for exclusion Settlement Class Member and shall not be entitled to relief under this Agreement. 5.7 To the extent that the running of any statute of limitations, prescription period, or any other defense of lapse of time, has been suspended by operation of law as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited toto a Class Member’s Claim, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating same will continue to the claims and transactions released in the Actions, however, with respect be suspended as to Quebec any Class Members, this paragraph is subject to article 580 Member who opts out of the Code Settlement until 30 Days after the Settlement Administrator’s receipt of Civil Procedure of Quebec. Toyota’s Counsel shall the relevant Opt-Out Form, or for such longer period as the law may provide without reference to this Agreement. 5.8 Any Class Member who wishes to object to the Settlement must comply with the rules for objection set out in the Notice of Authorization and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.Hearing

Opting Out. 10.1 Any Awareness of any Potential Opt-Outs 9.1 The Plaintiff and Class Counsel represent and warrant that as of the date of execution of this Agreement: (a) they are unaware of any Class Member who has expressed an intention to opt-out of the Class; (b) they are unaware of any Class Member who has expressed an intention to object to this Settlement; and (c) they will not encourage or solicit any Class Member to opt-out of the Class. 9.2 Each Class Member who wishes to be excluded exclude him, her or itself from the Class must mail submit a written request properly completed Opt-Out Form along with all required supporting documents to Class Counsel on or before the Opt-Out Deadline. An Opt-Out form shall consist of: (a) a statement of intention to opt out of the Action, signed by the Class Member or a person authorized to bind the Class Member; (b) a listing of all purchases and sales of Eligible Shares during the Class Period; (c) the total number of Eligible Shares held at the end of the Class Period; (d) supporting documents to evidence such transactions, in the form of trade confirmations, brokerage statements, or other transaction records or suitable alternative documentation as may be agreed between the Class Member and Class Counsel; and (e) contact information for exclusionthe Class Member, using including name, address, telephone number and email address. 9.3 In order to remedy any deficiency in the completion of an Opt-Out Form, which Class Counsel may require and request that additional information be submitted by a Class Member who submits an Opt-Out Form. 9.4 If a Class Member fails to submit a properly completed Opt-Out Form and/or all required supporting documents to Class Counsel, or fails to remedy any deficiency, by the Opt- Out Deadline, the Class Member shall be available on not have opted out of the settlement website and attached Action, subject to any order of the Court to the Long-Form Pre-Approval Noticecontrary, to and will in all other respects be subject to, and bound by, the Settlement Notice provisions of this Agreement and Claims Administrator at the address provided in the Long-Form Pre-Approval Notice, postmarked on or before a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long-Form Pre-Approval Notice and Pre-Approval Orderreleases contained herein. 10.2 Quebec Class Members who want to opt out must do so by giving notice to the Clerk of the Superior Court of Quebec by the 9.5 The Opt-Out Deadline will not be extended unless the Court orders otherwise. 9.6 Opt-out Parties will be excluded from any and in all rights and obligations arising from the manner prescribed Settlement. Class Members who do not opt-out shall be bound by the Code Settlement and the terms of Civil Procedure of Quebec, as well as complete the Opt-Out Form and mail it to the Settlement Notice and Claims Administrator by the Opt-Out Deadlinethis Agreement. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel shall provide to the Settlement Notice and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.

Opting Out. 10.1 62. Any person who is a member of the Proposed Class Member who wishes has the right to opt-out of the Action and Proposed Class Proceeding. 62.1 As a term of the Notice Approval Order or the Approval and Certification Order, the Court will determine the Opt-out Deadline and process for members of the Proposed Class to opt-out of and be excluded from the Proposed Class Proceeding and the Action. Notice of the Opt-out Deadline and process for opting out will be set out in the Hearing Approval Notice or the Approval Notice as the Court may direct. 63. Any person who elects to opt-out of the Action and Proposed Class Proceeding must mail a written request for exclusioncomplete and submit to Class Counsel the Opt-out Form, using which must be received by Class Counsel on or before the Opt-Out FormDeadline. If the completed Opt-out Form is sent but is either not received by Class Counsel, which or is unintentionally delayed in delivery to Class Counsel, Class Counsel will be deemed to have received the completed Opt-out Form four business days after the date the request was mailed or sent. 64. Requests to opt-out shall be available on sent to Class Counsel at an address to be identified in the settlement website Hearing Notice. 65. Each request to opt-out must disclose the following information: a. Name, address, email address and attached phone number of the person requesting to the Longopt-Form Pre-Approval Notice, to out of and be excluded from the Settlement Notice Class and Claims Administrator at the address provided from participation in the LongProposed Class Proceeding; b. If the person seeking to opt-Form Preout is a minor, the name of the parent or guardian acting on that person’s behalf; c. The following statement: “The undersigned (on behalf of the above minor, if applicable) hereby requests exclusion from the Settlement Class and from the Action and Proposed Class Proceeding.” d. The signature of the person seeking to opt-Approval Noticeout of the Proposed Class Proceeding, postmarked on or before if the person seeking to opt-out is a date ordered by minor, the Court specifying that he signature of the person’s parent or she wants to guardian. 66. Any person who validly opts-out in accordance with this Part shall be excluded from the Settlement Class, the Action and otherwise complying the Proposed Class Proceeding, shall have no rights with the terms stated in the Long-Form Pre-Approval Notice respect to this Settlement Agreement, and Pre-Approval Ordershall not be bound by this Settlement Agreement. 10.2 Quebec Class Members 67. Any person who want to opt falls within the Proposed Class, and who has not validly opted-out must do so by giving notice to the Clerk of the Superior Court Action and Proposed Class Proceeding in accordance with this Settlement Agreement and any orders of Quebec by the Opt-Out Deadline Court, shall be deemed to have elected to participate in this Settlement Agreement and in the manner prescribed by Proposed Class Proceeding, and shall be for all purposes a member of the Code Settlement Class for the duration of Civil Procedure of Quebec, as well as complete the Opt-Out Form and mail it Action. 68. Class Counsel shall forward to the Settlement Notice and Claims Administrator by and to counsel for the City copies of all opt-out requests received within 10 days of the expiration of the Opt-Out Deadline. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel shall provide to the Settlement Notice and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.

Opting Out. 10.1 Any Awareness of any Potential Opt-Outs 8.1 The Plaintiff and Class Counsel represent and warrant that: a. they are unaware of any Class Member who has expressed an intention to opt-out of the Class; b. they are unaware of any Class Member who has expressed an intention to object to this Settlement; and c. they will not encourage or solicit any Class Member to opt-out of the Class. 8.2 Each Class Member who wishes to be excluded exclude him, her or itself from the Class must mail submit a written request properly completed Opt-Out Form along with all required supporting documents to Class Counsel on or before the Opt-Out Deadline. An Opt-Out Form shall consist of the following: a. a statement of intention to opt out of the Action, signed by the Class Member or a person authorized to bind the Class Member; b. a listing of all purchases and sales of Endo common shares during the Class Period; c. the total number of Endo common shares held at the end of the Class Period; d. supporting documents to evidence such transactions, in the form of trade confirmations, brokerage statements, other transaction records or suitable alternative documentation as may be agreed between the Class Member and Class Counsel; and x. contact information for exclusionthe Class Member, using including name, address, telephone number and email address. 8.3 In order to remedy any deficiency in the completion of an Opt-Out Form, which shall Class Counsel may require and request that additional information be available on the settlement website and attached to the Long-Form Pre-Approval Notice, to the Settlement Notice and Claims Administrator at the address provided in the Long-Form Pre-Approval Notice, postmarked on or before submitted by a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long-Form Pre-Approval Notice and Pre-Approval Order. 10.2 Quebec Class Members Member who want to opt out must do so by giving notice to the Clerk of the Superior Court of Quebec by the submits an Opt-Out Deadline and in the manner prescribed by the Code of Civil Procedure of Quebec, as well as complete the Form. 8.4 If a Class Member fails to submit a properly completed Opt-Out Form and mail it and/or all required supporting documents to the Settlement Notice and Claims Administrator Class Counsel or fails to remedy any deficiency by the Opt-Out Deadline, the Class Member shall not have opted out of the Action, subject to any order of the Court to the contrary, and will in all other respects be subject to, and bound by, the provisions of this Agreement and the releases contained herein. 10.3 8.5 The Settlement Notice Opt-Out Deadline will not be extended unless the Court orders otherwise. 8.6 Opt-Out Parties will be excluded from any and Claims Administrator shall promptly forward copies of any written requests for exclusion to all rights and obligations arising from the Settlement. Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion Members who do not opt-out shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel shall provide to the Settlement Notice and Claims Administrator, within 20 business days the terms of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Releasethis Agreement.