Common use of REQUESTS FOR EXCLUSION AND OBJECTIONS Clause in Contracts

REQUESTS FOR EXCLUSION AND OBJECTIONS. A. All Settlement Class Members have the right to either opt out of or object to the Settlement pursuant to the procedures and schedule set forth in the Settlement Agreement, which also will be set forth in the Notice of Settlement and on the Settlement Website at xxx.xxxxxxxxxxxxxxxxxxxx.xxx. B. A member of the Settlement Class who submits a timely and valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection. 1. To validly request exclusion from the Settlement Class, a Settlement Class Member must submit a written Request for Exclusion to the Settlement Administrator so that it is postmarked by the date 60 days after the date of the Notice Date, stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class Member seeking to exclude himself or herself from the Settlement Class. 2. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner. 3. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion shall be bound by all subsequent proceedings, orders and judgments in this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims. 4. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. C. Any Settlement Class Member who does not submit a written Request for Exclusion may present a written objection to the Settlement explaining why he or she believes that the Settlement Agreement should not be approved by the Court as fair, reasonable and adequate. A Settlement Class Member who wishes to submit an objection must deliver to the Settlement Administrator so that it is postmarked by the date 60 days after the Notice Date, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention. 1. That written statement shall contain (a) the Settlement Class Member’s printed name, address, telephone number, email address (if any), and date of birth; (b) evidence showing that the objector is a Settlement Class Member, including the address of the residence or structure that contains or contained the Class Generator and proof that the residence or structure contains or contained the Class Generator (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials, or briefs that the objecting Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and (e) a statement whether the objecting Settlement Class Member and/or his, her, or its counsel intend to appear at the Final Approval Hearing. 2. A Settlement Class Member may object on his, her, or its own behalf or through an attorney, however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys involved must be listed on the objection papers. 3. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector. 4. Any objector who files and serves a timely written objection may appear at the Final Approval Hearing, either in person at his or her own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in his or her objection if they expressly state in their objection that they or their counsel intend to appear at the Final Approval Hearing. 5. Any Settlement Class Member who fails to comply with these requirements shall waive and forfeit any and all rights that he, she, or it may have to appear separately and/or to object to the Settlement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation, against any Released Party relating to the Released Claims. 6. If a Settlement Class Member or counsel for the Settlement Class Member has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed an objection by caption, court and case number, and for each case, the disposition of the objection.

REQUESTS FOR EXCLUSION AND OBJECTIONS. The Class Administrator will administer the receipt of any and all requests for exclusion. A. All Settlement Any Class Members have Member who desires to be excluded from the right to either opt out of or object class must send a written request for exclusion to the Settlement pursuant to the procedures and schedule set forth in the Settlement Agreement, which also will be set forth in the Notice of Settlement and on the Settlement Website at xxx.xxxxxxxxxxxxxxxxxxxx.xxx. B. A member of the Settlement Class who submits Administrator with a timely and valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspection. 1. To validly request exclusion from the Settlement Class, a Settlement Class Member must submit a written Request for Exclusion to the Settlement Administrator so that it is postmarked by the postmark date no later than 60 days after the date Court’s entry of the Notice Date, stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program Order of Preliminary Approval of Class Action Settlement” (or substantially similar clear . After that deadline passes, the Class Administrator will provide to Class Counsel and unambiguous language)Defendant’s counsel a list of the names of each Class Member who submitted a timely exclusion. That A copy of this list will be provided to the Court in connection with Plaintiff’s Unopposed Motion for Final Approval of Class Action Settlement. B. In the written request shall contain for exclusion, the Settlement Class memberMember must—subject to the Court’s printed approval—set forth his or her full name, address, telephone number, and email address (if anyavailable), date of birth, generator serial numberalong with a statement that he or she wishes to be excluded, and the address at which the generator is installed. The Request must sign said request for Exclusion must contain the actual written signature of the Settlement Class Member seeking to exclude himself or herself from the Settlement Classexclusion. 2. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner. 3. C. Any Settlement Class Member who does submits a valid and timely request for exclusion will not be bound by the terms of this Agreement. Any Class Member who fails to submit a valid and timely written Request request for Exclusion shall exclusion will be bound by all subsequent proceedings, orders and judgments in the terms of this Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released ClaimsAgreement. 4. D. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. C. Any Settlement Class Member who does not submit a written Request for Exclusion may present intends to object to the fairness of this settlement must file a written objection to the Settlement explaining why he or she believes that the Settlement Agreement should not be approved by with the Court as fairwithin 60 days from the Court’s entry of the Order of Preliminary Approval of Class Action Settlement. Further, reasonable and adequate. A Settlement any such Class Member who wishes to submit an objection must deliver to must, within the Settlement Administrator so that it is postmarked by the date 60 days after the Notice Datesame time period, provide a detailed written statement copy of the objection(s) written objection to Class Counsel and Counsel for Defendant via U.S. Mail. E. In the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such written objection, including any evidence and legal authority that the Settlement objecting Class Member wishes to bring must—subject to the Court’s attention. 1. That written statement shall contain (a) the Settlement Class Member’s printed approval—state his or her full name, address, telephone number, and email address (if anyavailable); state the reasons for his or her objection; state the name, address, bar number and date telephone number of birthhis or her counsel, if represented by an attorney; (b) evidence showing attach documents establishing, or provide information sufficient to allow the Parties to confirm, that the objector is a Settlement Class Member, including the address of the residence or structure that contains or contained the Class Generator and proof that the residence or structure contains or contained the Class Generator (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials, or briefs that the objecting Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and (e) a statement state whether the objecting Settlement Class Member and/or his, her, he or its counsel intend she intends to appear at the Final Approval Hearing. 2. A Settlement Class Member may object settlement approval hearing on his, her, his or its her own behalf or through an attorney, however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys involved must be listed on the objection paperscounsel. 3. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector. 4. F. Any objector who files and serves a timely written objection may appear at the Final Approval Hearing, either in person at his or her own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in his or her objection if they expressly state in their objection that they or their counsel intend to appear at the Final Approval Hearing. 5. Any Settlement Class Member who fails to comply with these requirements shall waive does not file a valid and forfeit any and all rights that he, she, or it may have to appear separately and/or to object timely objection to the Settlementsettlement will be barred from seeking review of the settlement by appeal or otherwise. G. Any Class Member who submits both an objection and an exclusion will be treated as having submitted an exclusion, and shall will be bound by all excluded from the terms class. H. When responding to any inquiry from a Class Member, Plaintiff and Class Counsel will confirm that they believe the settlement is fair and reasonable. I. Under Rule 23(c)(2)(B)(iv) of the Settlement Agreement and by all proceedings, orders and judgments in the Lawsuit, including, but not limited toFederal Rules of Civil Procedure, the Release, Class Members will be notified that they may enter an appearance through an attorney at their own expense if the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation, against any Released Party relating to the Released Claimsmember so desires. 6. If a Settlement Class Member or counsel for the Settlement Class Member has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed an objection by caption, court and case number, and for each case, the disposition of the objection.

REQUESTS FOR EXCLUSION AND OBJECTIONS. A. 42. Settlement Class Members who wish to exclude themselves from the Settlement Class must submit timely and written requests for exclusion. To be effective, such a request must include the Settlement Class Member's Name and address, an unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class, and the signature of the Settlement Class Member or the Legally Authorized Representative of the Settlement Class Member. The request must be received by the Settlement Administrator at the address provided in the Mail Notice no later than thirty (30) days after the Mail Notice Date. Requests for exclusion must be exercised individually by the Settlement Class Member and is only effective as to the individual Settlement Class Member requesting exclusion. 43. The Plaintiff shall not elect or seek to opt out or exclude herself from the Settlement Class, and any such attempt will be deemed a breach of this Agreement and sufficient to permit Esurance to terminate the Agreement. 44. The Settlement Administrator shall promptly log and prepare a list of all Persons who properly requested exclusion from the Settlement Class and shall submit an affidavit to the Court which includes and attests to the accuracy of the Opt-Out List no later than ten (10) days prior to the Fairness Hearing set by the Court. 45. All Settlement Class Members have the right to either opt out of or object to who do not timely and properly exclude themselves from the Settlement pursuant to the procedures and schedule set forth in the Settlement Class shall be bound by this Agreement, which also will and upon entry of a Final Order and Judgment, this action shall be set forth in the Notice of Settlement dismissed with prejudice and on the Settlement Website at xxx.xxxxxxxxxxxxxxxxxxxx.xxx. B. A member all of the Settlement Class who submits a timely and valid Request Members Released Claims shall be released as provided for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment or Inspectionherein. 146. To validly Settlement Class Members who do not request exclusion from the Settlement ClassClass may object to the Proposed Settlement. Settlement Class Members who choose to object to the Proposed Settlement must file written notices of intent to object. Any Settlement Class Member who timely files an objection in compliance with this paragraph may appear at the Fairness Hearing, in person or by counsel, and be heard to the extent and only if permitted by the Court. 47. To be timely, the objection or motion to intervene must be received by the Settlement Administrator at the address provided in the Mail Notice, and filed with the Court, no later than thirty (30) days after the Mail Notice Date. 48. The right to object to the Proposed Settlement or to intervene in the Action must be exercised individually by a Settlement Class Member must submit or his or her attorney, and not as a written Request for Exclusion member of a group, class, or subclass, except that such objections may be submitted by a Settlement Class Member's Legally Authorized Representative. 49. To be effective, a notice of intent to object to the Proposed Settlement Administrator so that it is postmarked by must: (a) Include the date 60 days after the date name of the Notice Date, stating that “I wish to exclude myself from case and case number; (b) Provide the Settlement Class in the Plenum Inspection Program Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class member’s printed name, address, telephone number, email address (if any), date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class Member seeking filing the objection; (c) Indicate the specific reasons why the Settlement Class Member objects to exclude himself the Proposed Settlement; (d) Contain the name, address, bar number, and telephone number of the objecting Settlement Class Members counsel, if any, and any such attorney must comply with all applicable rules of the Court; and (e) State whether the objecting Settlement Class Member intends to appear at the Fairness Hearing, either in person or herself from through counsel. 50. In addition, a notice of intent to object must contain the following information, if the Settlement Class Member or his or her attorney requests permission to speak at the Fairness Hearing: (a) A detailed statement of the legal and factual basis for each objection; (b) A list of any and all witnesses the Settlement Class Member may seek to call at the Fairness Hearing (subject to applicable rules of procedure and evidence and at the discretion of the Court), with the address of each witness and a summary of his or her proposed testimony; (c) A list of any legal authority the Settlement Class Member will present at the Fairness Hearing; and (d) Documentary proof of membership in the Settlement Class. 2. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner. 351. Any Settlement Class Member who does not submit file a valid timely notice of intent to object waives the right to object or to be heard at the Fairness Hearing and timely written Request for Exclusion will be barred from making any objection to the Proposed Settlement. Settlement Class Members have the right to exclude themselves from the Proposed Settlement and pursue a separate and independent remedy against Esurance by complying with the exclusion provisions set forth herein. Settlement Class Members who object to the Proposed Settlement shall be bound by all subsequent proceedings, orders remain Settlement Class Members and judgments in this Lawsuit, including, but not limited to, waive their right to pursue an independent remedy against Defendants. To the Release, extent any Settlement Class Member objects to the Final Approval OrderProposed Settlement, and the Final Judgmentsuch objection is overruled in whole or in part, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against will be forever bound by the Final Order and Judgment of the Court. Settlement Class Members can avoid being bound by any Released Party relating to judgment of the Released ClaimsCourt by complying with the exclusion provisions set forth herein. 452. Any statement or submission purporting or appearing The Settlement Administrator shall provide Esurance and Class Counsel a copy of each notice of intent to be both an objection and opt-out shall be treated as a Request for Exclusion. C. Any Settlement Class Member who does not submit a written Request for Exclusion may present a written objection to object received by the Settlement explaining why he or she believes that the Settlement Agreement should not be approved by the Court as fair, reasonable and adequate. A Settlement Class Member who wishes to submit an objection must deliver to the Settlement Administrator so that it is postmarked by the date 60 days after the Notice Date, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attentionAdministrator. 1. That written statement shall contain (a) the Settlement Class Member’s printed name, address, telephone number, email address (if any), and date of birth; (b) evidence showing that the objector is a Settlement Class Member, including the address of the residence or structure that contains or contained the Class Generator and proof that the residence or structure contains or contained the Class Generator (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials, or briefs that the objecting Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and (e) a statement whether the objecting Settlement Class Member and/or his, her, or its counsel intend to appear at the Final Approval Hearing. 2. A Settlement Class Member may object on his, her, or its own behalf or through an attorney, however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys involved must be listed on the objection papers. 3. Counsel for the Parties may take the deposition of any objector prior to the Final Approval Hearing in a location convenient for the objector. 4. Any objector who files and serves a timely written objection may appear at the Final Approval Hearing, either in person at his or her own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in his or her objection if they expressly state in their objection that they or their counsel intend to appear at the Final Approval Hearing. 5. Any Settlement Class Member who fails to comply with these requirements shall waive and forfeit any and all rights that he, she, or it may have to appear separately and/or to object to the Settlement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Lawsuit, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation, against any Released Party relating to the Released Claims. 6. If a Settlement Class Member or counsel for the Settlement Class Member has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed an objection by caption, court and case number, and for each case, the disposition of the objection.

REQUESTS FOR EXCLUSION AND OBJECTIONS. A. All Settlement Class Members have the right to either opt out of or object to the Settlement pursuant to the procedures and schedule set forth in the Settlement Agreement, which is also will be set forth in the Notice of Settlement and on the Settlement Website at xxx.xxxxxxxxxxxxxxxxxxxx.xxxxxx.XxxxxxxXxxxxXXXxxxxxxxxxx.xxx. B. A member of the Settlement Class who submits a timely and valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any a Settlement Payment or InspectionPayment. 1. To validly request exclusion from the Settlement Class, a Settlement Class Member must submit a written Request for Exclusion to the Settlement Administrator so that it is postmarked by the date 60 seventy-five (75) days after the date of the Notice Preliminary Approval Date, stating that “I wish to exclude myself from the Settlement Class in the Plenum Inspection Program NIBCO Litigation Class Action Settlement” (or substantially similar clear and unambiguous language). That written request shall contain the Settlement Class memberMember’s printed name, address, telephone number, email address (if any)address, and date of birth, generator serial number, and the address at which the generator is installed. The Request for Exclusion must contain the actual written signature of the Settlement Class Member Member(s) seeking to exclude himself himself, herself or herself themselves from the Settlement Class. 2. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure may opt out by using the same form so long as it is individually signed by each joint owner. 3. Those Persons falling within the definition of the Settlement Class as “Persons who have standing and are entitled to assert a claim on behalf of any such Occupant Persons” need not file a separate Request for Exclusion for each structure for which they meet this definition so long as they identify each such structure for which they are opting out in their Request for Exclusion; provided, however, that any such Persons cannot opt out for purposes of some structures but remain in the Settlement Class for others. 4. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion shall be bound by all subsequent proceedings, orders and judgments in this LawsuitLitigation, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending, or subsequently initiates litigation, against any Released Party relating to the Released Claims. 45. Any statement or submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. C. Any Settlement Class Member who does not submit a written Request for Exclusion may present a written objection to the Settlement explaining why he or she believes that the Settlement Agreement should not be approved by the Court as fair, reasonable and adequate. A Settlement Class Member who wishes to submit an objection must deliver to the Settlement Administrator so that it is postmarked by the date 60 seventy-five (75) days after the Notice Preliminary Approval Date, a detailed written statement of the objection(s) and the aspect(s) of the Settlement being challenged, as well as the specific reasons, if any, for each such objection, including any evidence and legal authority that the Settlement Class Member wishes to bring to the Court’s attention. 1. That written statement shall contain contain: (a) the Settlement Class Member’s printed name, address, telephone number, email address (if any), and date of birth; (b) evidence showing that the objector is a Settlement Class Member, Member including the address of the residence or structure that contains or contained the Class Generator a Covered Product and proof that the residence or structure contains or contained the Class Generator a Covered Product (photographs, contemporaneous installation records, etc.); (c) any other supporting papers, materials, or briefs that the objecting Settlement Class Member wishes the Court to consider when reviewing the objection; (d) the actual written signature of the Settlement Class Member making the objection; and (e) a statement whether the objecting Settlement Class Member and/or his, her, his or its her counsel intend to appear at the Final Approval Hearing. 2. A Settlement Class Member may object on his, her, his or its her own behalf or through an attorney, however, even if represented, the Settlement Class Member must individually sign the objection and all attorneys involved must be listed on the objection papers. 3. Counsel for the Parties may take the deposition under oath of any objector prior to the Final Approval Hearing in a location convenient for the objectorobjector on a date which is reasonably convenient for all parties and counsel involved. 4. Any objector who files and serves a timely written objection may appear at the Final Approval Hearing, either in person at his or her their own expense or through personal counsel hired at the objector’s expense, to object to the fairness, reasonableness, or adequacy of any aspect of the Settlement on the basis set forth in his or her objection if they expressly state in their objection that they or their counsel intend to appear at the Final Approval Hearing. 5. Any Settlement Class Member who fails to comply with these requirements shall waive and forfeit any and all rights that he, she, or it may have to appear separately and/or to object to the Settlement, and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the LawsuitLitigation, including, but not limited to, the Release, the Final Approval Order, and the Final Judgment, even if such Settlement Class Member has litigation pending or subsequently initiates litigation, against any Released Party relating to the Released Claims. 6. If a Settlement Class Member or counsel for the Settlement Class Member has objected to a class action settlement on any prior occasion, the objection shall also disclose all cases in which they have filed an objection by caption, court and case number, and for each case, the disposition of the objection.