Common use of Requests for Exclusion Clause in Contracts

Requests for Exclusion. Settlement Class Members may exclude themselves from the Settlement Class by mailing to the Settlement Administrator a written request for exclusion that is postmarked no later than sixty (60) days after the Notice Date (the “Exclusion/Objection Deadline”). To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, mailing address, and email address; (b) a clear and unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class; (c) the name and case number of the Lawsuit: “Lusnak v. Bank of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case No. 2:14-CV-1855”; and (d) the Settlement Class Member’s signature or a signature of an individual authorized to act on the Settlement Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement Class Members, and Settlement Class Members cannot request exclusion as a class or group. Any Request for Exclusion from a Settlement Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise the Request for Exclusion is invalid for that mortgage. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusion, the Settlement Class Member shall be deemed excluded from the Settlement Class, shall not be considered a Settlement Class Member, and shall not be entitled to any benefits from this Settlement. Any person in the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting to the Settlement or to Settlement Class Counsel’s motion for attorneys’ fees, costs, and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Requests for Exclusion pursuant to this section shall be attached to the Final Order and Judgment or otherwise recorded by the Court.

Requests for Exclusion. Settlement Class Members may exclude themselves from the Settlement Class by mailing to the Settlement Administrator a written request for exclusion that is postmarked no later than sixty (60) days after the Notice Date (the “Exclusion/Objection Deadline”). To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, mailing address, and email address; (b) a clear and unequivocal statement that the Settlement Class Member wishes who wish to be excluded from the 24 Settlement Class; must submit a written Request for Exclusion to the Claims Administrator by the 25 Notice Response Deadline (c) as evidenced by the name and case number date of the Lawsuit: “Lusnak v. Bank postmark of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case Nothe submission). 2:14-CV-1855”; The 26 Request for Exclusion must be submitted on the form attached as Exhibit B hereto and (d) signed by 27 the Settlement Class Member’s signature or a signature of an individual authorized to act on the Settlement Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement made individually and cannot be made on 28 behalf of a group or other Class Members, and Settlement . If a Class Members cannot request exclusion as Member submits a class or group. Any Request for Exclusion from a Settlement 1 that fails to include all required information or that cannot be verified by the Claims 2 Administrator as being an authentic submission by the Class Member, it will be considered 3 invalid, and the Claims Administrator shall mail notification of the deficiency to the Class 4 Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise the Request for Exclusion is invalid for that mortgagewithin five (5) business days of receipt. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusion, the Settlement The Class Member shall be deemed excluded have until the Notice 5 Response Deadline or twenty-one (21) days from the date of the mailing of notification of the 6 deficiency (whichever is later), to cure any deficiencies, at which point his or her Request for 7 Exclusion will be rejected if not received and that Class Member will be mailed his or her share 8 of the Net Settlement ClassAmount (according to the formulas set forth in this Agreement). In the 9 event that ten percent (10%) or more of all Class Members timely request exclusion from the 10 Class by submitting Requests for Exclusion or comparable documentation, BMO shall not be considered a Settlement Class Memberhave the 11 absolute right in its sole discretion to revoke, terminate, and shall not be entitled to any benefits withdraw from this SettlementAgreement in its 12 entirety. If BMO exercises this option, it will be solely responsible to pay fees and costs incurred 13 by the Settlement Claims Administrator to date. Any person in the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting will be effective 14 only as to the Settlement or to Settlement Class Counsel’s motion for attorneys’ fees, costs, and service awardSettlement. If a Settlement Any Class Member submits both a timely who is an Aggrieved Employee will be bound 15 by the release of PAGA claims and valid Request for Exclusion and an objection, will receive their share of the Settlement Class Member shall be treated as if they had only submitted PAGA amount regardless of 16 submitting a Request for Exclusion. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Requests for Exclusion pursuant to this section shall be attached to the Final Order and Judgment or otherwise recorded by the Court.

Requests for Exclusion. Settlement Class Members may exclude themselves from the Settlement Class by mailing to the Settlement Administrator a written request for exclusion that is postmarked no later than sixty (60) days after the Notice Date (the “Exclusion/Objection Deadline”). To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, mailing address, and email address; (b) a clear and unequivocal statement that the Settlement A. Any Class Member who wishes to be excluded from the Settlement Class must: (1) mail a written request for exclusion to the Claims Administrator at the address provided in the Long Form Notice, postmarked by the Exclusion Deadline ordered by the Court in the Preliminary Approval Order; or, (2) send a written request for exclusion to the Claims Administrator by e- mail or fax, at the address or numbers provided in the Long Form Notice, before midnight Pacific Time on the Exclusion Deadline, specifying that he or she wants to be excluded from the Class; (c) the name and case number of the Lawsuit: “Lusnak v. Bank of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case No. 2:14-CV-1855”; and (d) not participate in the Settlement Class Member’s signature or a signature of an individual authorized to act on the and not receive any Settlement Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement Class Membersbenefits, and Settlement otherwise comply with the terms stated in the Long Form Notice and Preliminary Approval Order. The Exclusion Deadline shall be 150 days from the Preliminary Approval Date. The Claims Administrator shall forward copies of any written requests for exclusion to Class Members cannot request Counsel and Defendants’ Counsel. A list reflecting all requests for exclusion as shall be filed with the Court by the Claims Administrator, via declaration, no later than 14 days before the Fairness Hearing. If a class or group. Any Request for Exclusion from a Settlement potential Class Member that is files a co-borrower on a mortgage must be signed by all co- borrowers on that mortgagerequest for exclusion, otherwise the Request for Exclusion is invalid for that mortgage. Upon the Settlement Administrator’s receipt of he or she may not file an objection under Section V. If any Class Member files a timely and valid Request request for Exclusionexclusion, the Settlement Class Member shall he/she will not be deemed excluded from a member of the Settlement Class, shall will not be considered a Settlement Class Member, and shall not be entitled to release any benefits from this Settlement. Any person in the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting to the Settlement or to Settlement Class Counsel’s motion for attorneys’ fees, costs, and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Requests for Exclusion Claims pursuant to this section shall Settlement or be attached subject to the Final Order Release, and Judgment or otherwise recorded by the Courtwill reserve all Claims he/she may have.

Requests for Exclusion. The Notice shall inform Settlement Class Members that they may exclude themselves from the Settlement Class Classes by mailing to the Settlement Administrator a written request for exclusion that is postmarked no later than sixty the Exclusion/Objection Deadline, i.e., no later than ninety (6090) days after the Notice Date (the “Exclusion/Objection Deadline”)Settlement Administrator first disseminates Notice. To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, name and contact information (telephone number, email, and/or mailing address, and email address); (b) a clear and unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement ClassClasses; (c) the an unequivocal reference by name and case number of the Lawsuit: Litigation, e.g., “Lusnak v. Bank of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A.Xxxxx x. SafeRent, Case No. 2:141:22-CV-1855cv-10800”; and (d) the Settlement Class Member’s signature or a the signature or affirmation of an individual authorized to act on the Settlement Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement Class Members, and Settlement Class Members cannot request exclusion as a class or group. Any Request for Exclusion from a Settlement Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise the Request for Exclusion is invalid for that mortgage. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusionexclusion request, the Settlement Class Member shall be deemed excluded from the Settlement Class, shall not be considered a Settlement Class Member, Classes and shall not be entitled to any benefits from of this Settlement. Any person in A Settlement Class Member may request to be excluded from the Settlement only on the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting to the Settlement or to Settlement Class CounselMember’s motion for attorneys’ fees, costs, and service award. If own behalf; a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the may not request that other Settlement Class Member shall Members (or a group or subclass of Settlement Class Members) be treated as if they had only submitted a Request for Exclusionexcluded from the Settlement. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion exclusion requests to Settlement Class Counsel and Bank of America’s SafeRent Counsel. A list of the persons in Settlement Class Members who have timely and validly excluded themselves from the Settlement Class who have submitted timely and valid Requests for Exclusion Classes pursuant to this section Section 4.4 shall be attached to the Final Approval Order and Judgment or otherwise recorded by the Court. The Settlement Administrator shall compare the list of Class Members requesting exclusion to the list of Class Members who have submitted claims, and if any Class Member is on both lists, the Settlement Administrator shall contact that Class Member for clarification as to whether that Class Member wishes to be excluded or included in the Settlement Class. If no response to the Settlement Administrator’s outreach is received within fourteen (14) days clarifying that Class Member’s intention, then that Class Member shall be deemed included in the Settlement Class.

Requests for Exclusion. Settlement Class Members may exclude themselves from the Settlement Class by mailing to the Settlement Administrator a written request for exclusion that is postmarked no later than sixty (60) days after the Notice Date (the “Exclusion/Objection Deadline”). To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, mailing address, and email address; (b) a clear and unequivocal statement that the Settlement A Class Member who wishes to be excluded from the Settlement Class; (c) must mail, email, or fax the Settlement Administrator a written and signed Request for Exclusion/Opt-Out Form no later than 60 calendar days after the Settlement Administrator mails the Class Notice Packet. The request must contain the name (printed legibly), address, telephone number, and case number last four digits of the Lawsuit: “Lusnak v. Bank of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case No. 2:14-CV-1855”; and (d) the Settlement Class Member’s signature social security number or their tax identification number. If a signature question is raised about the authenticity of an individual authorized to act on any request for exclusion, the Settlement Administrator will have the right to demand additional proof of the Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement Class Membersidentity, and Settlement Class Members cannot request exclusion such as a class copy of their driver’s license, passport, or grouppermanent residency card. Any Request for Exclusion from a Settlement A Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise the Request for Exclusion is invalid for that mortgage. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusion, the Settlement Class Member shall be deemed excluded from the Settlement Class, shall not be considered a Settlement Class Member, and shall not be entitled to any benefits from this Settlement. Any person in the Settlement Class who submits a timely request for exclusion will not participate in or be bound by the Settlement and valid the Judgment and will not receive a Settlement Share, but will retain the right, if any, he or she may have to pursue a claim against Defendant. Class Members who submit a Request for Exclusion that fails to include the aforementioned identifying information will be contacted by the Settlement Administrator so that they may correct their request if they wish to be excluded. Class Members who do not submit a timely request for exclusion in the manner and by the deadline specified in the Class Notice will automatically be bound by all terms and conditions of the Settlement, if the Settlement is foreclosed from objecting approved by the Superior Court, and by the Judgment, regardless of whether they have objected to the Settlement. Class Members who exclude themselves from the Settlement or will lose standing to Settlement Class Counsel’s motion for attorneys’ fees, costs, and service awardobject to the Settlement. If a the Settlement Administrator receives both an objection and an exclusion request from the same Class Member, the Settlement Administrator will exclude the Class Member submits both from the Settlement. The parties will provide the Court with a complete and accurate list of all Class Members who submitted a timely and valid complete Request for Exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Requests for Exclusion pursuant to this section shall be attached to the Final Order and Judgment or otherwise recorded by the Courtfinal approval motion.

Requests for Exclusion. Any Settlement Class Member other than Plaintiff who wishes to opt-out of the Settlement must complete and mail a Request for Exclusion (defined below) to the Settlement Administrator within sixty (60) calendar days of the date of the initial mailing of the Notice Packets (the “Response Deadline"). By signing this Settlement Agreement, Plaintiff agrees to be bound by its terms, and further agrees not to request exclusion or object to any terms of the Settlement. The Notice Packet shall state that Settlement Class Members may who wish to exclude themselves from the Settlement Class must submit a Request for Exclusion by mailing to the Settlement Administrator a written request Response Deadline. The Request for exclusion that is postmarked no later than sixty Exclusion must: (601) days after contain the Notice Date (name, address, telephone number and the “Exclusion/Objection Deadline”). To be effective, last four digits of the request for exclusion must include (a) Social Security number of the Settlement Class Member’s full name, telephone number, mailing address, and email addressmember; (b2) contain a clear and unequivocal statement that the Settlement Class Member member wishes to be excluded from the Settlement ClassSettlement; (c3) be signed by the name and case number of the Lawsuit: “Lusnak v. Bank of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case No. 2:14-CV-1855”Settlement Class member; and (d4) be postmarked by the Response Deadline and mailed to the Settlement Administrator at the address specified in the Class Member’s signature or a signature of an individual authorized to act on the Settlement Class Member’s behalfNotice. Requests for Exclusion must be specific to individual Settlement Class Members, and Settlement Class Members cannot request exclusion as a class or group. Any Request for Exclusion from a Settlement Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise If the Request for Exclusion is invalid does not contain the information listed in (1)-(3), it will not be deemed valid for that mortgage. Upon exclusion from the Settlement Administrator’s receipt of Settlement, except a timely and valid Request for Exclusion, Exclusion not containing a Class Member’s telephone number and/or last four digits of the Social Security number will be deemed valid. The date of the postmark on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member shall member who requests to be deemed excluded from the Settlement Class, shall not be considered a Settlement Class Member, and shall will not be entitled to any benefits from recovery under this Settlement. Any person in Settlement Agreement and will not be bound by the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting to terms of the Settlement or have any right to Settlement Class Counsel’s motion for attorneys’ feesobject, costs, and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a Request for Exclusionappeal or comment thereon. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Defendants’ counsel with weekly reports as to any Requests for Exclusion pursuant to this section shall be attached to the Final Order and Judgment or otherwise recorded by the CourtExclusion.

Requests for Exclusion. The Notice shall inform Settlement Class Members that they may exclude themselves from the Settlement Class by mailing to the Settlement Administrator a written request for exclusion that is postmarked no later than sixty the Exclusion/Objection Deadline, i.e., no later than one hundred twenty (60120) days after the Notice Date (entry of the “Exclusion/Objection Deadline”)Preliminary Approval Order. To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, and mailing address, and email address; (b) a clear and unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class; (c) the name and case number of the LawsuitLitigation: “Lusnak Neversink General Store et al. v. Bank of AmericaMowi USA, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A.LLC et al., Case No. 2:141:20-CV-1855cv-09293- PAE”; and (d) the Settlement Class Member’s signature, or the like signature or a signature affirmation of an individual authorized to act on the Settlement Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement Class Members, and Settlement Class Members cannot request exclusion as a class or group. Any Request for Exclusion from a Settlement Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise the Request for Exclusion is invalid for that mortgage. Upon the Settlement Administrator’s receipt of a timely and valid Request for Exclusionexclusion request, the Settlement Class Member shall be deemed excluded from the Settlement Class, shall not be considered a Settlement Class Member, and shall not be entitled to any benefits from of this Settlement. Any person in A Settlement Class Member may request to be excluded from the Settlement only on the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting to the Settlement or to Settlement Class CounselMember’s motion for attorneys’ fees, costs, and service award. If own behalf; a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the may not request that other Settlement Class Member shall Members (or a group or subclass of Settlement Class Members) be treated as if they had only submitted a Request for Exclusionexcluded from the settlement. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion exclusion requests to Settlement Class Counsel and Bank of AmericaMowi’s Counsel. A list of the persons in Settlement Class Members who have timely and validly excluded themselves from the Settlement Class who have submitted timely and valid Requests for Exclusion pursuant to this section Section 4.4 shall be attached to the Final Approval Order and Judgment or otherwise recorded by the Court.

Requests for Exclusion. The Notices shall provide that Settlement Class Members may who wish to exclude themselves from the Settlement Class by mailing to Agreement must submit a written statement requesting exclusion from the Settlement Administrator a within ninety (90) days of the publishing of the Notices. Such written request for exclusion that is postmarked no later than sixty (60) days after must contain the Notice Date (name, address, of the “Exclusion/Objection Deadline”). To be effectiveperson requesting exclusion, the approximate date he or she dined at Defendants’ Restaurants, and either the amount he or she was charged for a CDF fee or the approximate amount of his or her bill. The request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, mailing address, and email address; (b) a clear and unequivocal statement that be signed by the Settlement Class Member wishes who seeks to be excluded from the Settlement Class; (c) the name and case number settlement. No request for exclusion may be made on behalf of the Lawsuit: “Lusnak v. Bank a group of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case No. 2:14-CV-1855”; and (d) the Settlement Class Member’s signature or a signature of an individual authorized to act on the Settlement Class Member’s behalf. Requests for Exclusion must be specific to individual Settlement Class Members, . The request for exclusion must be sent by U. S. mail to the Settlement Administrator at the address set forth in the Notice and Settlement Class Members cannot request exclusion as a class or groupmust be postmarked within ninety (90) days of the publishing of the Notices. Any Request for Exclusion from a Settlement Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise the Request for Exclusion is invalid for that mortgage. Upon who requests to opt out of the Settlement Administrator’s receipt of a timely and valid Request for Exclusion, the Settlement Class Member shall be deemed excluded from the Settlement Class, shall not be considered a Settlement Class Member, and shall will not be entitled to any benefits from this Settlement. Any person in Settlement Award, will not be bound by the Settlement Agreement, and will not have any right to object, appeal, or comment thereon. Settlement Class Members who submits fail to submit a valid and timely and valid Request request for Exclusion is foreclosed from objecting to exclusion shall be bound by all terms of the Settlement or to Settlement Class Counsel’s motion for attorneys’ fees, costs, Agreement and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Requests for Exclusion pursuant to this section shall be attached to the Final Order and Judgment or Approval Order, unless otherwise recorded determined by the Court. Any request for exclusion will be at the requesting Class Members’ sole expense.

Requests for Exclusion. The Notice of Pendency of Class Action and Proposed Settlement (“Settlement Notice”) shall provide that Class Members may who wish to exclude themselves from the Class and opt-out of participation in the Class Settlement Class by mailing to the Settlement Administrator must submit a written request Request for exclusion that is postmarked no later than sixty (60) days after the Notice Date (the “Exclusion/Objection Deadline”). To be effective, the request for exclusion must include (a) the Settlement Class Member’s full name, telephone number, mailing address, and email address; (b) a clear and unequivocal statement that the Settlement Class Member wishes to be excluded from the Settlement Class; (c) the name and case number of the Lawsuit: “Lusnak v. Bank of America, Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 22 of 80 Page ID #:5816 N.A., Case No. 2:14-CV-1855”; and (d) the Settlement Class Member’s signature or a signature of an individual authorized to act on the Settlement Class Member’s behalf. Requests Any such Request for Exclusion must be specific to individual Settlement Class Members, made in accordance with the terms set forth in the Notice and Settlement Class Members cannot request exclusion as a class will be deemed timely only if postmarked on or group. Any Request for Exclusion from a Settlement Class Member that is a co-borrower on a mortgage must be signed by all co- borrowers on that mortgage, otherwise before the Request for Exclusion is invalid for that mortgageDeadline. Upon the Settlement Administrator’s receipt of a timely and valid A Request for Exclusion, Exclusion must contain the Settlement Class Member shall be deemed excluded following information from the Settlement Class, shall not be considered a Settlement Class Member: full name; date of birth; the last four digits of the social security number or the employee identification number; and, and shall telephone number. Any Class Members who timely opt-out of the Class in accordance with the terms set forth in the Notice will not be entitled to any benefits recovery under the Class Settlement and will not be bound by the Agreement or have any right to object, appeal, or comment thereon. Class Members who do not submit a valid and timely Request for Exclusion in accordance with the terms set forth in the Notice shall be bound by all the terms of the Agreement and any final judgment or order in this Action. Upon request, the Settlement Claims Administrator shall provide Counsel for the Parties with a complete list of all Class Members who have timely and properly returned a Request for Exclusion from this Settlement. Any person in the Class, along with the names of Settlement Class Members and the most-accurate estimation of the Settlement Class who submits a timely and valid Request for Exclusion is foreclosed from objecting to the Members’ Individual Settlement or to Settlement Class Counsel’s motion for attorneys’ fees, costs, and service award. If a Settlement Class Member submits both a timely and valid Request for Exclusion and an objection, the Settlement Class Member shall be treated as if they had only submitted a Request for Exclusion. The Settlement Administrator shall provide copies of all timely and valid Requests for Exclusion to Settlement Class Counsel and Bank of America’s Counsel. A list of the persons in the Settlement Class who have submitted timely and valid Requests for Exclusion pursuant to this section shall be attached to the Final Order and Judgment or otherwise recorded by the CourtAmounts.