Common use of REQUESTS FOR EXCLUSION AND OBJECTIONS Clause in Contracts

REQUESTS FOR EXCLUSION AND OBJECTIONS. 7.1 The Notice will direct Settlement Class Members to the settlement website for more information about the settlement. As set forth in Paragraph 6.1, the settlement website will include the “Detailed Class Notice,” in substantially the same form as Exhibit B attached hereto, which will advise Settlement Class Members of their rights: (a) to exclude themselves from this Settlement Agreement and forgo its benefits but preserve any rights they may have to pursue claims against Sephora; and (b) to object to this Settlement Agreement personally or through counsel. The settlement website will include a fillable online “Opt-Out Form” that Settlement Class Members may use to exclude themselves from the Settlement Agreement. 7.2 Any Settlement Class Member other than Plaintiff may request to be excluded from this Settlement Agreement by completing and submitting the fillable online “Opt-Out Form” on the settlement website on or before the date that is forty-nine (49) days after the Notice Date (such 49th day after the Notice Date is the “Objection/Exclusion Deadline”) or by mailing a letter via first class mail to the Settlement Administrator postmarked on or before the Objection/Exclusion Deadline. For a letter to be a “complete” exclusion request, it must include the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, a statement that the Settlement Class Member requests to be excluded from the settlement, and the Settlement Class Member’s signature. An exclusion request submitted via the “Opt-Out Form” will be deemed a “complete” exclusion request so long as all required fields are filled in with the requested information, which will include: the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, and a checkbox or similar field serving as the electronic equivalent of a signature and affirming that the Settlement Class Member requests to be excluded from the settlement. A request for exclusion may only be brought on behalf of the individual Settlement Class Member making the request, and “mass” or “class” requests for exclusion will not be valid and will have no effect. Any Settlement Class Member who submits a timely and complete exclusion request pursuant to the requirements of this Paragraph will no longer be a Settlement Class Member, will not be bound by this Settlement Agreement or the Final Approval Order, will not be entitled to any rights, relief, or benefits under or by virtue of this Settlement Agreement, and will not be entitled to object to or otherwise contest this Settlement Agreement. Any Settlement Class Member who fails to submit a timely and complete exclusion request will continue to be a Settlement Class Member, will not be excluded from this Settlement Agreement, and will be bound by this Settlement Agreement upon the issuance of the Final Approval Order. 7.3 Any Settlement Class Member other than Plaintiff may object to this Settlement Agreement by mailing a letter via first class mail to the Settlement Administrator postmarked on or before the Objection/Exclusion Deadline. To be a “complete” objection (without regard to whether the objection has factual or legal merit), the letter must include the Settlement Class Member’s first and last names; the unique identifying code from the Settlement Class Member’s Notice; all arguments, citations, and evidence supporting the objection (including copies of any documents relied upon); the name and contact information of the Settlement Class Member’s counsel, if any; a statement whether the Settlement Class Member or counsel intends to appear at the Final Approval Hearing; and the Settlement Class Member’s signature. Any Person who fails to submit a timely and complete objection pursuant to the requirements of this Paragraph will be deemed to have waived any and all objections and will not be permitted to object to this Settlement Agreement in any manner, in the Action or any other proceeding. 7.4 Plaintiff is conclusively deemed to be a Settlement Class Member and is not permitted to object to or request exclusion from this Settlement Agreement, and any such objection or exclusion request will not be valid and will have no effect. 7.5 On the date that is fourteen (14) days after the Objection/Exclusion Deadline, the Settlement Administrator will provide to the Parties a list of the unique identifying codes corresponding to the Persons who have submitted timely and complete requests for exclusion. The Settlement Administrator will supplement the list from time to time to the extent it receives further timely and complete requests for exclusion. 7.6 If the total number of Persons who submit timely and complete requests for exclusion exceeds fifteen percent (15%) of the number of Notices that were sent by the Settlement Administrator, not including emailed Notices that were not delivered and mailed Notices that were returned undeliverable, Sephora (but not Plaintiff) will have the option in its sole discretion to terminate this Settlement Agreement; provided, however, that such option must be exercised within fourteen (14) days after receiving notice of the facts supplying the basis for the termination. 7.7 Should the Settlement Administrator receive any requests for exclusion that it believes are not timely or are not complete, it will notify the Parties and will provide copies of the materials received, and reports summarizing the materials received, to the Parties upon request. 7.8 Should the Settlement Administrator receive any objections, whether or not timely or complete, it will promptly provide the Parties with copies of the materials received. 7.9 Should the Settlement Administrator receive any other correspondence in connection with administering this Settlement Agreement, it will promptly provide the Parties with copies of the materials received.

REQUESTS FOR EXCLUSION AND OBJECTIONS. 7.1 The Notice will direct A. All Settlement Class Members have the right to either opt out of or object to the settlement website for more information about Settlement pursuant to the settlement. As procedures and schedule set forth in Paragraph 6.1, the settlement website will include Settlement Agreement. A member of the “Detailed Class Notice,” in substantially the same form as Exhibit B attached hereto, which will advise Settlement Class Members of their rights: (a) to exclude themselves from this Settlement Agreement who submits a timely and forgo its benefits but preserve any rights they may have to pursue claims against Sephora; and (b) to valid request for exclusion cannot object to this the Settlement Agreement personally or through counsel. The settlement website will include and is not eligible to receive a fillable online “Settlement Payment. B. To request exclusion from the Settlement Class, a Settlement Class Member must send a written request for exclusion by first class mail properly addressed to the Settlement Administrator, postmarked by the Objection and Opt-Out Form” Deadline, and (i) must include the full name and address of the Class member seeking exclusion, (ii) must bear the individual signature of the Class member seeking exclusion, and (iii) must clearly state that the person desires to be excluded from the Class. No person shall be permitted to request exclusion from the Settlement Class Members on behalf of any other Class members, except that a legal representative or guardian may use submit a Request for Exclusion on behalf of a deceased, incapacitated, or minor Class member. Each Class member seeking to exclude themselves from the Settlement, regardless of whether they were covered under the same Travel Plan as another Class member, must submit an individually signed Request for Exclusion in order to be excluded from the Settlement AgreementClass. Requests for Exclusion cannot be made on a group or class basis and any attempt to opt out a group or class of individuals shall be null and void. 7.2 C. Any Settlement Class Member other than Plaintiff may who does not submit a valid and timely written request for exclusion shall be bound by all subsequent proceedings, orders, and the judgment in this Litigation should the Settlement receive final approval. D. Any statement or submission purporting or appearing to be excluded from this both an objection and opt-out shall be treated as a request for exclusion. E. 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 completing the Court as fair, reasonable, and submitting adequate. A Settlement Class Member who wishes to submit an objection must file with the fillable online “Clerk of the Court, and separately mail to the Settlement Administrator a detailed written statement, postmarked by the Objection and Opt-Out Form” on the settlement website on or before the date that Deadline, which is forty-nine sixty (4960) days after the Notice Date (Date, stating the objection(s) in detail and the specific aspect(s) of the Settlement being challenged; the specific reason(s), if any, for each such 49th day after objection, including any evidence and legal authority that the Notice Date is the “Objection/Exclusion Deadline”) or by mailing a letter via first class mail Settlement Class Member wishes to bring to the Settlement Administrator postmarked on Court’s attention; and whether any objection applies only to the objector, to a specific subset of the class, or before to the Objection/Exclusion Deadline. For a letter to be a “complete” exclusion requestentire class. F. The objection shall clearly identify the case name and number, it must include and contain (i) the Settlement Class Member’s first printed name, address, telephone number, and last names, email address; (ii) evidence showing that the unique identifying code from the objector is in fact a Settlement Class Member’s Notice; (iii) any other supporting papers, a statement materials, or briefs that the Settlement Class Member requests wishes the Court to be excluded from consider when reviewing the settlement, and objection; (iv) the Settlement Class Member’s signature. An exclusion request submitted via the “Opt-Out Form” will be deemed a “complete” exclusion request so long as all required fields are filled in with the requested information, which will include: the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, and a checkbox or similar field serving as the electronic equivalent of a actual written signature and affirming that the Settlement Class Member requests to be excluded from the settlement. A request for exclusion may only be brought on behalf of the individual Settlement Class Member making the request, objection; and “mass” or “class” requests for exclusion will not be valid and will have no effect. Any Settlement Class Member who submits a timely and complete exclusion request pursuant to the requirements of this Paragraph will no longer be a Settlement Class Member, will not be bound by this Settlement Agreement or the Final Approval Order, will not be entitled to any rights, relief, or benefits under or by virtue of this Settlement Agreement, and will not be entitled to object to or otherwise contest this Settlement Agreement. Any Settlement Class Member who fails to submit a timely and complete exclusion request will continue to be a Settlement Class Member, will not be excluded from this Settlement Agreement, and will be bound by this Settlement Agreement upon the issuance of the Final Approval Order. 7.3 Any Settlement Class Member other than Plaintiff may object to this Settlement Agreement by mailing a letter via first class mail to the Settlement Administrator postmarked on or before the Objection/Exclusion Deadline. To be a “complete” objection (without regard to whether the objection has factual or legal merit), the letter must include the Settlement Class Member’s first and last names; the unique identifying code from the Settlement Class Member’s Notice; all arguments, citations, and evidence supporting the objection (including copies of any documents relied upon); the name and contact information of the Settlement Class Member’s counsel, if any; v) a statement whether the objecting Settlement Class Member and/or his or her counsel intends intend to appear at the Final Approval Hearing; and . X. A Settlement Class Member may object on his or her own behalf or through an attorney, however, even if represented, the Settlement Class Member’s signatureMember must individually sign the objection and all attorneys involved must be listed on the objection. Any Person who fails to submit a The objection must be timely filed with the Court and complete objection pursuant mailed to the requirements of this Paragraph will be deemed to have waived any Settlement Administrator. H. Any objector who files and all objections serves a valid and will not be permitted timely written objection as described above may appear at the Final Approval Hearing, either in person or through separate counsel hired at the objector’s expense, to object to this Settlement Agreement in any manner, in the Action or any other proceeding. 7.4 Plaintiff is conclusively deemed to be a Settlement Class Member and is not permitted to object to or request exclusion from this Settlement Agreement, and any such objection or exclusion request will not be valid and will have no effect. 7.5 On the date that is fourteen (14) days after the Objection/Exclusion Deadline, aspect of the Settlement Administrator will provide to on the Parties a list of the unique identifying codes corresponding to the Persons who have submitted timely and complete requests for exclusion. The Settlement Administrator will supplement the list from time to time to the extent it receives further timely and complete requests for exclusion. 7.6 If the total number of Persons who submit timely and complete requests for exclusion exceeds fifteen percent (15%) of the number of Notices that were sent by the Settlement Administrator, not including emailed Notices that were not delivered and mailed Notices that were returned undeliverable, Sephora (but not Plaintiff) will have the option basis set forth in its sole discretion to terminate this Settlement Agreementhis or her objection; provided, however, that such option any objector or attorney for an objector who intends to make an appearance at the Final Approval Hearing must be exercised within fourteen (14) days after receiving in the objection state their intention to appear. If the Settlement Class Member or their attorney wish to speak at the Final Approval Hearing, their written notice of intent must identify by name, address, and telephone number the facts supplying person(s) who intend(s) to appear, including any witnesses and a summary of any witness testimony the basis for the terminationSettlement Class Member intends to present during their appearance. 7.7 Should I. Any Settlement Class Member who does not comply with these requirements shall waive 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 the terms of the Settlement Agreement and by all proceedings, orders and judgment in the Litigation. X. A Settlement Class Member who requests exclusion or objects can withdraw their request for exclusion or objection prior to the Final Approval Hearing by submitting a signed written request or email containing an electronic signature to the Settlement Administrator receive any requests stating their desire to withdraw their request for exclusion that it believes are not timely or are not complete, it will notify objection. K. From the Parties date of entry of this Order until the Court holds the Final Approval Hearing and will provide copies of determines the materials receivedmatters set forth in this Order, and reports summarizing through the materials received, to Effective Date as defined in the Parties upon request. 7.8 Should the Settlement Administrator receive any objections, whether or not timely or complete, it will promptly provide the Parties with copies of the materials received. 7.9 Should the Settlement Administrator receive any other correspondence in connection with administering this Settlement Agreement, it all Settlement Class members (except those who have requested exclusion) shall be barred from asserting any claims for which a release will promptly provide be given if the Parties with copies of Court approves the materials receivedSettlement.