REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. A. The provisions of this paragraph shall apply to any Request for Exclusion. Any Settlement Class Member may make a Request for Exclusion by mailing or delivering such request in writing to the Settlement Administrator within forty-five (45) days from the Notice Date. Any Request for Exclusion must be postmarked no later than the Opt-Out Deadline. Any Request for Exclusion shall include the name, address, and telephone number of the person requesting exclusion and include a clear statement indicating that person chooses to be excluded from the Settlement, does not wish be a Settlement Class Member and chooses to be excluded from any judgment entered pursuant to the Settlement. B. Any Settlement Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement. C. Not later than three (3) business days after the deadline for submission of Requests for Exclusion, the Settlement Administrator shall provide an Opt-Out List to Class Counsel and to Defendants’ Counsel together with copies of each Request for Exclusion. Class Counsel and Defendants’ Counsel shall jointly report the names appearing on the Opt-Out List to the Court at the time of the Final Approval Hearing. D. Class Counsel agrees that they will not represent any individual who opts out from the Settlement in asserting claims against Defendants that are the subject of this Agreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
REQUESTS FOR EXCLUSION BY SETTLEMENT CLASS MEMBERS. A. The provisions of this paragraph shall apply to any Request for Exclusion. Any Settlement Class Member may make a Request for Exclusion by mailing or delivering such request in writing to the Settlement Administrator within forty-five (45) days from the Notice DateAdministrator. Any Request for Exclusion must be postmarked no or delivered not later than the Opt-Out Deadline. Any Request for Exclusion shall include state the name, address, address and telephone number of the person requesting exclusion and include contain a clear statement indicating communicating that such person chooses elects to be excluded from the Settlement, does not wish to be a Settlement Class Member and chooses elects to be excluded from any judgment entered pursuant to the Settlement.
B. . Prior requests made for exclusion during the prior notice campaign will be honored as part of this settlement, although class counsel will contact these individuals to confirm their intent to exclude themselves from the settlement, and to also encourage them to file a claim on the settlement. Any Settlement Class Member who submits a timely Request for Exclusion may not file an objection to the Settlement and shall be deemed to have waived any rights or benefits under this Settlement Agreement.
C. . Not later than three (3) business days after the deadline for submission of Requests for Exclusion, the Settlement Administrator shall provide an Opt-Out List to Class Counsel and to Defendants’ Counsel together with copies of each Request for Exclusion. Class Counsel and Defendants’ Counsel shall jointly report the names appearing on the Opt-Out List to the Court at the time of the Final Approval Hearing.
D. . Class Counsel agrees that they will not represent any individual who opts that opted out from the Settlement or opted out as a class member in asserting claims against the Defendants that are the subject of this Agreementagreement.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement