Common use of Requests for Exclusion Clause in Contracts

Requests for Exclusion. a. Settlement Class Members may submit a Request for Exclusion form (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment. b. To validly request exclusion from the Settlement Class, a Person must (1) submit proof that their structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.), to demonstrate that the Person requesting exclusion is a member of the Settlement Class, and (2) submit a written request to opt out to the Settlement Administrator, so that it is postmarked by the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Bow Litigation 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, and date of birth. 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. c. 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. If one or more persons have a claim for the same property damage within the same property, all such persons asserting such claim must properly and timely submit a Request for Exclusion; otherwise, all such persons shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. d. 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 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. e. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email. The Settlement Administrator will also provide copies of all Requests for Exclusion to counsel for any Party upon request. f. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided by Paragraphs 29.a. to 29.d. shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. g. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion, along with their written signature. h. Any statement or submissions purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. i. Not later than four (4) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Lead Class Counsel and Bow a complete list of opt-outs together with copies of the opt-out requests and any other related information. In the sole discretion of Bow, it may void the terms of the Settlement Agreement or renegotiate the quantum of the Class Settlement Fund. Xxx must advise Class Counsel and the Court, in writing, of this election within ten (10) business days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Bow chooses to void the Settlement Agreement in this manner, then the Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into the Settlement Agreement.

Requests for Exclusion. a. Settlement Class Members may submit a Request for Exclusion form from (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a valid Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement PaymentPayment or Inspection. b. To validly request exclusion from the Settlement Class, a Person must (1) submit proof that their structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.), to demonstrate that the Person requesting exclusion is a member of the Settlement Class, and (2) Class must submit a written request to opt out to the Settlement Administrator, Administrator so that it is postmarked by on or before the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Bow Litigation Plenum Inspection Program 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 addressaddress (if any), 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 seeking to exclude himself or herself from the Settlement Class. c. 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, form so long as it is individually signed by each joint owner. If one or more persons have a claim . d. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the same property damage within the same property, all such persons asserting such claim must properly Parties on a weekly basis by email. e. Any Settlement Class Member who does not submit a valid and timely submit a written Request for Exclusion; otherwise, all such persons Exclusion as provided in Sections E.1.a. to E.1.d. shall be bound by all subsequent proceedings, orders, orders and judgments in this LitigationLawsuit, 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. d. 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 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. e. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email. The Settlement Administrator will also provide copies of all Requests for Exclusion to counsel for any Party upon request. f. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided by Paragraphs 29.a. to 29.d. shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. g. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion, Exclusion along with their written signature. h. g. Any statement or submissions submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. i. h. Not later than four seven (47) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Lead Class Counsel and Bow Counsel for Generac a complete list of opt-outs together with copies of the opt-out requests and any other related information. In the sole discretion of Bow, it Generac may void the terms Settlement Agreement if the number of optouts constitutes more than one percent of the Settlement Agreement or renegotiate the quantum of the Class Settlement FundClass. Xxx Generac must advise Class Counsel and the Court, in writing, of this election within ten fourteen (1014) business days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Bow Generac chooses to void the Settlement Agreement in this manner, then the this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into the this Settlement Agreement.

Requests for Exclusion. a. Settlement Class Members may submit a Request for Exclusion form (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment. b. To validly request exclusion from the Settlement Class, a Person must (1) submit proof that their structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.), to demonstrate that the Person requesting exclusion is a member of the Settlement Class, and (2) submit a written request to opt out to the Settlement Administrator, so that it is postmarked by the Objection and Opt-Out Deadline Deadline, stating that “I wish to exclude myself from the Settlement Class in the Bow Litigation Class Action Settlement” (or substantially similar clear and unambiguous language) (the “Request for Exclusion”). That written request The Request for Exclusion shall contain the Settlement Class Member’s printed name, address, telephone number, email address, and date of birth. 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. c. 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. If one or more persons have a claim for the same property damage within the same property, all such persons asserting such claim must properly and timely submit a Request for Exclusion; otherwise, all such persons shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. d. 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 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. e. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email. The Settlement Administrator will also provide copies of all Requests for Exclusion to counsel for any Party upon request. f. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided by Paragraphs 29.a. to 29.d. shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. g. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion, along with their written signature. h. Any statement or submissions purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. i. Not later than four three (43) days weeks after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Lead Class Counsel and Counsel for Bow a complete initial list of opt-outs Requests for Exclusion together with copies of the opt-out requests and any other related information. In the sole discretion of Bow, it may void the terms of the Settlement Agreement or renegotiate the quantum of the Class Settlement Fund. Xxx Bow must advise Class Counsel and the Court, in writing, of this election within ten (10) business days of receiving the final list of all valid Requests for Exclusion from (the Settlement Administrator validity of which may require judicial determination or other judicial action (see Doc. 105) following the expiration of the last Objection and Opt-Out Deadline. If Bow chooses to void For the Settlement Agreement in this manneravoidance of doubt, then if the Settlement Agreement will be vacatedCourt extends or modifies the initial Objection and Opt-Out Deadline and/or orders a new Objection and Opt-Out Deadline, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into the Settlement Agreement.ten

Requests for Exclusion. a. Settlement Class Members may submit a Request for Exclusion form from (i.e., “opt-out” of) the Settlement pursuant to Federal Rule of Civil Procedure 23(c)(2)(B)(v). A member of the Settlement Class who submits a Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Payment. b. To validly request exclusion from the Settlement Class, a Person must (1) submit proof that their structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.), to demonstrate that the Person requesting exclusion is a member of the Settlement Class, and (2) Class must submit a written request to opt out to the Settlement Administrator, Administrator so that it is postmarked by the Objection and Opt-Out Deadline stating that “I wish to exclude myself from the Settlement Class in the Bow 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, and date of birth. The Request for Exclusion must contain the actual written signature of the Settlement Class Member member seeking to exclude himself or herself from the Settlement Class. c. 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, form so long as it is individually signed by each joint owner. If one or more persons have a claim for the same property damage within the same property, all such persons asserting such claim must properly and timely submit a Request for Exclusion; otherwise, all such persons shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. d. 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 residential and/or commercial 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, structures but remain in the Settlement Class for others. e. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email. The Settlement Administrator will also provide copies of all Requests for Exclusion to counsel for any Party upon request. f. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided by in Paragraphs 29.a. 29.a to 29.d. shall be bound by all subsequent proceedings, orders, orders and judgments in this Litigation, 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. g. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written request to the Settlement Administrator stating their desire to revoke their Request for Exclusion, Exclusion along with their written signature. h. Any statement or submissions submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. i. Not later than four seven (47) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Co-Lead Class Counsel and Bow NIBCO a complete list of opt-outs together with copies of the opt-out requests and any other related information. In the sole discretion of BowNIBCO, it may void the terms of the Settlement Agreement if the number of residential or renegotiate the quantum of the Class Settlement Fundcommercial structures opted out reaches 2,000. Xxx NIBCO must advise Co-Lead Class Counsel and the Court, in writing, of this election within ten (10) business days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline, and if exercising its right to terminate the Settlement, NIBCO must submit a Declaration to the Court indicating the opt-outed residential or commercial structures that have caused it to decide to terminate the Settlement, and stating that NIBCO was not aware of the claims for these 2,000 or more residential or commercial structures prior to April 18, 2018. If Bow NIBCO chooses to void the Settlement Agreement in this manner, then the this Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into the this Settlement Agreement.

Requests for Exclusion. a. A Settlement Class Members Member may submit a Request for Exclusion form from (i.e., they may “opt-out” of) the Settlement pursuant to Rule 23(c)(2)(B)(v) of the Federal Rule Rules of Civil Procedure 23(c)(2)(B)(v)Procedure. A member of the Settlement Class Member who submits a Request for Exclusion cannot object to the Settlement and is not eligible to receive any Settlement Paymentpayment or other relief under the Settlement. b. To validly request exclusion from the Settlement Class, a Person must (1) submit proof that their structure contains or contained a Covered Product (photographs, contemporaneous installation records, etc.), to demonstrate that the Person requesting exclusion is a member of the Settlement Class, and (2) submit Class must mail the Settlement Administrator a written request to opt out to the Settlement Administratorout, so that it is postmarked by the Objection and Opt-Out Deadline stating that and stating, “I wish to exclude myself from the Settlement Class in the Bow Litigation LG Refrigerator 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, and email address, and date of birth. The Request for Exclusion must contain the actual written signature of the Settlement Class Member seeking to exclude himself or herself from the Settlement Classexclusion. c. Requests for Exclusion cannot be made on a group or class basis, except that joint owners of the same residence or structure Covered Model may opt out by using the same form, so long as it is individually signed by each joint owner. If one or more persons have . d. The Settlement Administrator will provide copies of all Requests for Exclusion to Co-Lead Class Counsel and Counsel for LG on a claim for the same property damage within the same property, all such persons asserting such claim must properly weekly basis. e. Any Settlement Class Member who does not submit a valid and timely submit a written Request for Exclusion; otherwise, all such persons Exclusion as provided herein shall be bound by all subsequent proceedings, orders, orders and judgments in this Litigation, including, including but not limited to, to the Release, Release and the Final Approval Order, 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. d. 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 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. e. The Settlement Administrator will provide copies of all Requests for Exclusion to counsel for the Parties on a weekly basis by email. The Settlement Administrator will also provide copies of all Requests for Exclusion to counsel for any Party upon request. f. Any Settlement Class Member who does not submit a valid and timely written Request for Exclusion as provided by Paragraphs 29.a. to 29.d. shall be bound by all subsequent proceedings, orders, and judgments in this Litigation, 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. g. A member of the Settlement Class who opts out can, on or before the Objection and Opt-Out Deadline, withdraw their Request for Exclusion by submitting a written or emailed request to the Settlement Administrator stating their desire to revoke their Request for Exclusion, along with Exclusion and containing their actual written signature or electronic signature. h. g. Any statement or submissions submission purporting or appearing to be both an objection and opt-out shall be treated as a Request for Exclusion. i. Not h. No later than four seven (47) days after the Objection and Opt-Out Deadline, the Settlement Administrator shall provide to Co-Lead Class Counsel and Bow LG a complete list of opt-outs opt- outs, together with copies of the opt-out requests and any other related information. In the sole discretion of Bow, it may void the terms of the Settlement Agreement or renegotiate the quantum of the Class Settlement Fund. Xxx must advise Class Counsel and the Court, in writing, of this election within ten (10) business days of receiving the list of Requests for Exclusion from the Settlement Administrator following the Objection and Opt-Out Deadline. If Bow chooses to void the Settlement Agreement in this manner, then the Settlement Agreement will be vacated, rescinded, cancelled, and annulled, and the Parties will return to the status quo ex ante, as if they had not entered into the Settlement Agreement.