Exclusion From the Settlement Clause Samples
The 'Exclusion from the Settlement' clause defines which parties, claims, or issues are not covered by the terms of a settlement agreement. In practice, this clause may specify certain individuals, groups, or types of claims that remain unaffected by the settlement, such as claims that arise after a certain date or parties who opt out of the agreement. Its core function is to clearly delineate the scope of the settlement, ensuring that all parties understand which matters are resolved and which remain outstanding, thereby preventing future disputes over the settlement's reach.
Exclusion From the Settlement. 6.1 Any Class Member who does not want to participate in the class action and the Settlement may exclude himself or herself from the case and the Settlement by mailing a written request for exclusion to the Administrator on or before the date specified in the Preliminary Approval Order or, if that day is a legal holiday, the next court day. No specific form of request is required so long as the request is signed (manually or electronically) and substantially provides the information required in the Class Notice. Absent relief from the Court, Class Members who do not timely exclude themselves shall be bound by the terms and conditions of this Agreement and the Final Approval Order.
6.2 For Households with more than one Class Member, the following provisions shall apply: (a) a Request for Exclusion by one or more Class Members within the Household shall not preclude other Class Members within that Household from remaining in the settlement as Participating Class Members, subject to the provisions of section 9.3.1 below; (b) all Class Members within a Household who do not timely mail a Request for Exclusion shall be bound by the Settlement even if other Class Members within that Household have opted out of the Settlement; and (c) Defendants shall retain all rights and defenses with respect to any Class Member(s) who have mailed a Request for Exclusion, including without limitation, the right to assert a pro-rated amount of any Defendants' Claim applicable to the Household in question.
6.3 A Class Member who timely complies with the exclusion procedures set forth in this Section shall be excluded from the class action and the Settlement, shall have no standing to object to or otherwise be heard by the Court and/or on appeal with respect to any aspect of this Agreement, and shall be ineligible for any benefits pursuant to this Agreement.
6.4 Absent relief from the Court, any Request for Exclusion that fails to satisfy the requirements set forth in this Section, or that has not been timely postmarked, shall be deemed ineffective and any person included within the Settlement Class who does not properly and timely submit a Request for Exclusion shall be deemed to have waived all rights to opt-out and shall be deemed a Participating Class Member for all purposes under this Agreement.
Exclusion From the Settlement. Any member of the Settlement Class who wishes to be excluded (“Opt-Out”) from the Settlement must submit a written Opt-Out request to Simpluris as directed in the long form settlement notice, on or before January 19, 2024, which is thirty-two (32) days after the Notice Date. In order to be valid, each Opt-Out request must include the legal name, address, telephone number and personal signature of the individual requesting exclusion, and a clear and plain statement that the individual wishes to be excluded from the lawsuit, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Products Co., Case No. 16PT-CC00055, Circuit Court of Pettis County, Missouri. Opt-Out requests must be e-mailed to the Settlement Administrator, Simpluris, as directed in the settlement notice. Members of the Settlement Class who request exclusion (a) will not be bound by the terms of the Settlement Agreement or any judgment entered in this matter, including the releases provided therein, and will retain any right to file their own lawsuit(s) concerning the claims in this matter; and (b) will not be able to object to the Settlement. Each member of the Settlement Class who does not properly request to Opt-Out from the Settlement Class by mailing or emailing an Opt-Out request postmarked by January 19, 2024 will remain a member of the Settlement Class and will bound by the terms of the Settlement Agreement and any judgment entered in this matter, including the releases provided therein.
Exclusion From the Settlement. Any member of the California Rule 23 Class who is not already a Named or Opt-in Plaintiff as listed on Exhibit A of the Agreement, who wishes to not participate in the settlement may request exclusion from the class by submitting a signed request for exclusion to the Claims Administrator. To be effective, such request for exclusion must include the individual’s name and an unequivocal statement that the individual requests to be excluded from the class, and it must be post-marked within thirty (30) days following the date of the initial mailing of the Rule 23 Notice Packet.
Exclusion From the Settlement. Any member of the Settlement Class who wishes to exclude himself, herself, or itself from the Settlement Class must request exclusion in writing by first-class postage prepaid mail received no later than twenty-one (21) calendar days prior to the Settlement Hearing or by delivering the request for exclusion in a manner providing for receipt no later than twenty-one (21) calendar days prior to the Settlement Hearing, in either case addressed to WIMC Securities Litigation, EXCLUSIONS, c/o A.B. Data, ▇.▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. By submitting a request for exclusion, a person or entity shall be deemed to have submitted to the jurisdiction of the Court with respect to the Settlement and his, her, or its request for exclusion.
Exclusion From the Settlement