Participation in Settlement. In order to be eligible to receive a distribution from the Net Settlement Fund, in the event the Settlement is effected in accordance with the terms and conditions set forth in the Stipulation, each claimant shall take the following actions and be subject to the following conditions:
Participation in Settlement. The Court approves the Parties’ proposed Claim 27 Form. Any Class Member who wishes to participate in the Settlement shall complete a Claim Form 28 in accordance with the instructions contained therein and submit it to the Class Action Settlement 1 Administrator no later than , 2018, which will be specifically identified in the 2 Claim Form. Such deadline may be further extended without notice to the Class Members by 3 written agreement of the Parties.
Participation in Settlement. Neither party will settle any matters subject to indemnification pursuant to this Article 9 where the liability exceeds $25,000 without the consent of the other party, such consent not to be unreasonably withheld.
Participation in Settlement. If the Settlement Agreement is approved, the notification process and distribution process will be administered by a third party claims administrator, *. If the Settlement Agreement is approved, eligible Class Members will automatically receive from * the Phase II Notice, an individualized notification letter via email describing the amount of the individual payment (“Individual Payment”) along with an Interac e-Transfer in the amount of the Individual Payment. Eligible class members do not need to contact * or take any steps in order to receive their Individual Payments, as the Defendants are providing to * the list of eligible class members based on records of the purchases of the recalled product. Update Your Contact Information If Details Have Changed Since Purchase However, if your email address or regular mail address have changed since you purchased the recalled product in 2016 or 2017, please be sure to contact * right away to ensure that they have your up-to-date contact information. This allows * to send you notices and your Individual Payment. If you do not contact * in time, you may not receive your Individual Payment. Who is Included, and What If I Don’t Want to Participate in the Settlement? If approved, the proposed settlement will include all Class Members except for those who opt-out of the class action. A settlement will bind all Class Members who do not opt-out. If you do not want to participate in the settlement and be bound by the terms of the Settlement Agreement, you must opt-out by sending an opt-out form to [settlement administrator] to be received on or before [Opt-Out Deadline]. If you opt-out you will not be entitled to participate in the settlement and will not receive any compensation from the settlement. If you have any questions about the legal consequences of exercising your right to opt-out, please do not hesitate to contact Wagners at the contact information below for free advice.
