Common use of Objections Clause in Contracts

Objections. Any Settlement Class Member who intends to object to this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. A. In the written objection, the Settlement Class Member must state his or her full name, current address, telephone number, the reasons for his or her objection, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigation.

Objections. The Notice shall inform Settlement Class Members that, if they do not request exclusion from the Settlement Class, they have the right to object to the proposed Settlement only by complying with the objection provisions set forth in this Section 4.5. Settlement Class Members who object to the proposed Settlement shall remain Settlement Class Members, and shall have voluntarily waived their right to pursue any independent remedy for the Released Claims against the Released Parties. Any Settlement Class Member who intends wishes to object to this settlement the proposed Settlement must file a written mail their objection with in writing to the Court Court, which shall be postmarked or filed no later than the Exclusion/Objection Deadline Deadline, i.e., no later than one hundred five (105) days after the date of entry of the Preliminary Approval Order. To be effective, an objection must (a) include the case name and simultaneously provide a copy to Class Counsel case number; (b) contain the full name, mailing address, and counsel for Defendant at the addresses set forth in the Notice. A. In the written objection, telephone number of the Settlement Class Member must objecting to the Settlement (the “Objector”); (c) include the Objector’s signature, or the like signature or affirmation of an individual authorized to act on the Objector’s behalf; (d) state his with specificity the grounds for the objection; (e) state whether the objection applies only to the Objector, to a specific subset of the class, or her full to the entire class; (f) contain the name, current address, telephone bar number, and telephone number of counsel for the reasons for his or her Objector, if represented by an attorney in connection with the objection, ; and (g) state whether he or she the Objector intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Final Approval Hearing, either in person or through an attorney hired at counsel. If the Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member Objector or his or her attorney intending intends to make an appearance present evidence at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Final Approval Hearing, or as the Court may otherwise direct; and (b) serve objection must contain the following information: a copy detailed description of such notice all evidence the Objector will offer at the Final Approval Hearing, including copies of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights exhibits that the Objector may introduce at the Final Approval Hearing. To the extent any Settlement Class Member objects to appear separately and/or to object and shall be bound by all the terms of this proposed Settlement, and such objection is overruled in whole or in part, such Settlement Class Member will be forever bound by all proceedings, orders, the Final Approval Order and judgments in accompanying Judgment. Settlement Class Members who submit timely written objections shall be informed if the litigationFinal Approval Hearing is continued for any reason.

Objections. Any Members of the Settlement Class Member who intends shall have the right to object to this settlement Agreement and to appear and show cause, if they have any reason why the terms of this Agreement should not be given Final Approval as follows: 1. A member of the Settlement Class may object to this Agreement either on his or her own without an attorney, or through an attorney hired at his or her own expense. 2. Any objection to this Agreement must file a written objection be in writing, signed by the objecting member of the Settlement Class (and his or her attorney, if individually represented, including any former or current counsel who may be entitled to compensation for any reason related to the objection), filed with the Court no later than the Objection Deadline and simultaneously provide Court, with a copy delivered to the Settlement Administrator, Class Counsel and counsel for Defendant Younique’s Counsel at the addresses set forth in the Noticelong formClass Notice (Exhibit D), no later than thirty (30) days before the hearing on Final Approval. A. In 3. Any objection regarding or related to this Agreement shall contain a caption or title that identifies it as “Objection to Class Settlement in ▇▇▇▇▇▇▇ v. Younique LLC, No. 8:17-cv-01397 (▇.▇.▇▇▇.).” 4. Any objection regarding or related to this Agreement shall contain information sufficient to identify and contact the written objection, objecting member of the Settlement Class Member must state (or his or her full nameindividually-hired attorney, current addressif any), telephone numberas well as a specific, the reasons for clear and concise statement of his or her objection, the facts supporting the objection, the legal grounds and authority on which the objection is based, and whether he or she intends to appear at the Fairness Hearing on Final Approval Hearing, either with or without counsel. 5. Any objection shall include documents sufficient to establish the basis for the objector’s standing as a member of the Settlement Class, such as (i) a declaration signed by the objector under penalty of perjury, including a statement that the member of the Settlement Class purchased at least one of the Products during the Class Period; or (ii) receipt(s) reflecting such purchase(s). 6. Any objection shall also include a detailed list of any other objections submitted by the Settlement Class member, or his or her own behalf counsel, to any class action submitted in any court, whether state or through counselotherwise, in the United States in the previous five (5) years. Any documents supporting the objection must also be attached to the Objection, and if If the Settlement Class Member intends member or his or her counsel has not objected to call witnesses any other class action settlement in any court in the United States in the previous five (5) years, he or she shall affirmatively state so in the written materials provided in connection with the objection to this Agreement. 7. Class Counsel and/or Younique shall have the right, but not the obligation, to respond to any objection no later than seven (7) days prior to the hearing on the motion for Final Approval Order and Judgment. The Party so responding shall file a copy of the response with the Court, and shall serve a copy, by regular mail, hand or overnight delivery, to the objecting member of the Settlement Class or to the individually-hired attorney for the objecting member of the Settlement Class; to Class Counsel; and to Younique’s Counsel. 8. If an objecting member of the Settlement Class chooses to appear at the Fairness Hearinghearing, those witnesses no later than fifteen (15) days before the hearing on the motion for Final Approval Order and Judgment, a Notice of Intention to Appear, either In Person or Through an Attorney, must be identifiedfiled with the Court, including providing each witness’s listing the name, address and telephone number in of the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counselattorney, if any, who will appear. B. 9. Any Settlement Class Member who has fails to file and serve timely filed a written objection, as provided for above, may objection and notice of his/her intent to appear at the Fairness Hearing, either in person or through an attorney hired at hearing on the Class Member's own expense, motion for Final Approval Order and Judgment pursuant to this Section shall not be permitted to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object Settlement and shall be bound by all foreclosed from seeking any review of the Settlement or the terms of this Settlementthe Agreement by any means, and by all proceedings, orders, and judgments in the litigationincluding but not limited to an appeal.

Objections. Any Settlement Class Member who intends does not timely and validly exclude himself or herself from the Settlement Class may appear and show cause, if he or she has any reason to object to this settlement must file the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representatives, unless a written objection with is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. A. In Notice Mailing Date. To be valid, the written objectionobjection must: (a) identify the case name and number; (b) identify the name, address, telephone number of the Settlement Class Member must state his objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her full name, current address, telephone number, counsel; (d) the reasons basis and grounds for his or her objection, objection with specificity; and (e) a statement of whether he or he/she intends to appear at the Fairness Hearing on his Final Approval Hearing, either with or her own behalf or through without counsel. Any documents supporting Within seven (7) days of the objection must also be attached Objection Deadline, the Settlement Administrator shall provide a report to the Objection, and if Court setting forth a list of Objections that meet the Settlement Class Member intends to call witnesses at above guidelines. The Court shall have the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objectionultimate determination of whether an Objection has been appropriately made. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written does not make his or her objection in the manner provided in this Section shall be deemed to have waived such objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, shall not be permitted to object to any terms or approval of the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance Settlement at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Final Approval Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all foreclosed from making any objection to the terms of this Settlement, and unless otherwise ordered by all proceedings, orders, and judgments in the litigationCourt.

Objections. 58. The Notice shall also advise Settlement Class Members of their right to object to the Settlement Agreement and its terms. The Notices shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections and any other communication relating to this Settlement. 59. Any Settlement Class Member who intends to object to this settlement Settlement must file a written objection with include in any such objection: (i) his/her full name, address and current telephone number; (ii) the Court no later than case name number of this Litigation; (iii) the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel date range during which he/she was employed by Defendant; (iv) all grounds for Defendant at the addresses set forth in the Notice. A. In the written objection, with factual and legal support for the stated objection, including any supporting materials; and (v) the objector’s signature. If represented by counsel, the objecting Settlement Class Member must state his or also provide the name and telephone number of his/her full name, current address, telephone number, counsel. If the reasons for his or her objection, and whether he or she objecting Settlement Class Member intends to appear at the Fairness Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing on his or her own behalf or through counsel. Any documents supporting and all exhibits he/she intends to introduce into evidence at the objection Final Approval Hearing, which must also be attached to to, or included with, the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counselwritten objection. B. 60. Any Settlement Class Member who has fails to timely filed file and serve a written objection, as provided for above, may objection and notice of intent to appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, Final Approval Hearing pursuant to this Agreement shall not be permitted to object to the fairness, reasonableness, or adequacy approval of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance Settlement at the Fairness Final Approval Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all foreclosed from seeking any review of the Settlement or the terms of this Settlement, and the Agreement by all proceedings, orders, and judgments in the litigationappeal or other means.

Objections. Any Settlement Class Member who intends to object to the fairness of this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. A. In the written objection, the Settlement Class Member must state his or her full name, current address, telephone number, the reasons for his or her objection, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s ’ name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's ’s own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlementsettlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 12.02 shall waive and forfeit any and all rights to appear separately and/or to object object, and shall be bound by all the terms of this Settlementsettlement, and by all proceedings, orders, and judgments in the litigation.

Objections. 10.2.1 Any Settlement Class Member who intends to object to this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. A. In the written objectionMember, the Settlement Class Member must state his or her full nameon its own, current address, telephone number, the reasons for his or her objection, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's its own expense, to may object to the fairnessterms of the Settlement, reasonablenessClass 10.2.2 Any Objection must be in writing and served by the Objection Deadline on Class Counsel, Defendant’s Counsel, and the Settlement Administrator. Any Objections not raised properly and timely will be waived. 10.2.3 To be effective, any Objection must contain all the following information: i. a reference at the beginning to the Action; ii. the objector’s full name, address, telephone number, and email address; iii. the Objection must state whether it applies only to the objector, to a specific subset of the class, or adequacy to the entire class, and also state with specificity the grounds for the Objection; iv. copies of this Agreement any papers, briefs, or other documents upon which the SettlementObjection is based; v. a list of all persons who will be called to testify in support of the Objection; vi. A a statement of whether the objector intends to appear at the Final Approval Hearing. If the objector intends to appear at the Final Approval Hearing through counsel, the Objection must also state the identity of all attorneys representing the objector who will appear at the Final Approval Hearing, and all such attorneys representing the objector must enter an appearance concurrently with serving the Objection, whether or not the objector’s counsel will appear at the Final Approval Hearing or whether or not admitted in Nevada; vii. a statement of its membership in the Settlement Class, including all information required by the Claim Form; viii. a detailed list of any other Objections and any orders pertaining to the prior objections pertaining to the objector or its Counsel submitted or entered in any court, whether state or federal, in the United States in the previous five (5) years. If the Settlement Class Member or his its counsel has not objected to any other class action settlement in any court in the United States in the previous five (5) years, he, she, or her attorney intending to make an appearance at it shall affirmatively state so in the Fairness Hearing must: (a) file a notice of appearance written materials provided in connection with the Court no later than ten (10) days prior Objection to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. this Settlement. 10.2.4 Any Settlement Class Member who fails to comply with timely file and serve a written Objection containing all of the provisions information listed above in the previous paragraphs, including notice of this Section 10.02 shall waive and forfeit any and all rights its intent to appear separately and/or at the Final Approval Hearing, shall not be permitted to object to the Settlement and shall be bound by all foreclosed from seeking any review of the Settlement or the terms of this Settlementthe Settlement Agreement by any means, and including but not limited to an appeal. 10.2.5 Any Settlement Class Member who submits a timely written Objection shall consent to deposition by all proceedings, orders, and judgments in Class Counsel and/or Defendant’s Counsel prior to the litigationFinal Approval Hearing.

Objections. Any Settlement Class Member who intends to object to the fairness of this settlement must file a written objection with the Court Court, and provide a copy of the objection to the Claims Administrator, Class Counsel and counsel for ERC no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses as set forth in the Notice.below: A. (a) In the written objection, the Settlement Class Member must state his or her full name, current address, telephone number, the reasons for his or her objection, and whether to ensure membership in the Settlement Class, either: (1) the Claim Identification Number on the Postcard Notice; or (2) the cellular telephone number(s) on which he or she intends to appear at the Fairness Hearing on his or her own behalf or through counselreceived a Telephone Call. Any documents supporting the objection documents, evidence, and citations must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. (b) Any Settlement Class Member who has timely filed a written objection, as provided for above, objects may appear at the Fairness Final Approval Hearing, either in person or through an attorney hired at the Settlement Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlementsettlement. A Settlement Class Member or his or her attorney intending to make an appearance at the Fairness Hearing mustFinal Approval Hearing: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. For any attorney representing an objector, the attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and case number, and how much, if any amount, was paid in connection with the objection. Any Settlement Class Member who fails to comply timely file a written objection with the provisions Court and notice of this Section 10.02 shall waive and forfeit any and all rights his or her intent to appear separately and/or to object and shall be bound by all at the Final Approval Hearing in accordance with the terms of this SettlementSection and as detailed in the Notice, and at the same time provide copies to designated counsel for the Parties, shall not be permitted to object to this Agreement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Agreement by all proceedings, ordersappeal or other means, and judgments shall be deemed to have waived his or her objections and be forever barred from making any such objections in the litigationAction or any other action or proceeding.

Objections. Any Settlement Class Member who intends to object to this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. A. In the written objectionMember, the Settlement Class Member must state his on his, her, or her full nameits own, current address, telephone number, the reasons for his or her objection, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's his, her, or its own expense, to may object to the fairnessterms of the Settlement, reasonablenessClass Counsel’s motion for an award of Attorneys’ Fees and Costs and/or the Named Plaintiff Service Awards. Any such Objection must be served on Class Counsel, Defendants’ counsel, and the Settlement Administrator. To be effective, any such Objection must be in writing and include the contents described below, and must be served by the Objection Deadline. Any Objections not raised properly and timely will be waived. To be effective, any Objection must contain all the following information: a. a reference at the beginning to ▇▇▇▇▇▇▇ v. Ocwen Loan Servicing, LLC., No. 1:13- cv-04427-NGG-SLT (Eastern District of New York), b. the objector’s full name, address, telephone number, and email address; c. the Objection must state whether it applies only to the objector, to a specific subset of the class, or adequacy to the entire class, and also state with specificity the grounds for the Objection; d. copies of this Agreement any papers, briefs, or other documents upon which the SettlementObjection is based; e. a list of all persons who will be called to testify in support of the Objection; f. a statement of whether the objector intends to appear at the Final Approval Hearing. A Class Member or his or her attorney intending If the objector intends to make appear at the Final Approval Hearing through counsel, the Objection must also state the identity of all attorneys representing the objector who will appear at the Final Approval Hearing, and all such attorneys representing the objector must enter an appearance concurrently with serving the Objection, whether or not the objector’s counsel will appear at the Fairness Final Approval Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments whether or not admitted in the litigation.New York;

Objections. Any Settlement The Notice shall explain that the procedure for Class Member who intends Members to object to this settlement must file a the Settlement is by submitting written objection with objections to the Court no later than sixty (60) days after the Notice Date (the “Objection Deadline Deadline”). Any Class Member may enter an appearance in the Action, at their own expense, individually or through counsel of their own choice. Any Class Member who wishes to object to the Settlement, the Settlement Benefits, Service Awards, and/or the Fee Award and simultaneously provide a copy Costs, or to Class Counsel and counsel for Defendant appear at the addresses Final Approval Hearing and show cause, if any, for why the Settlement should not be approved as fair, reasonable and adequate to the Class, why a final judgment should not be entered thereon, why the Settlement Benefits should not be approved, or why the Service Awards and/or the Fee Award and Costs should not be granted, may do so, but must proceed as set forth in this paragraph. No Class Member or other person will be heard on such matters unless they have filed in this Action the Notice. A. In the written objection, together with any briefs, papers, statements or other materials the Settlement Class Member or other person wishes the Court to consider, within sixty (60) days following the Notice Date. All written objections and supporting papers must clearly (a) identify the case name and number; (b) state his or her the Class Member’s full name, current address, mailing address and telephone number; (c) contain a statement by the Class Member that he or she believes to be a member of the Settlement Class; (d) include proof that the Class Member is a member of the Settlement Class (e.g., include a copy of the reasons settlement notice or copy of the original notice of the Data Breach); (e) identify the specific factual and legal grounds for the objection; (f) identify whether the objection is an objection to the Settlement in part or in whole; (g) state whether the objection applies only to the objector, a subset of the Settlement Class or the entire Settlement Class; (h) identify all counsel representing the Class Member, if any; (i) include a list, including case name, court and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past five (5) years; (j) include all documents or writings that the Class Member desires the Court to consider; (k) contain a statement regarding whether the Class Member (or counsel of his or her objection, and whether he or she choosing) intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting Final Approval Hearing; and (l) contain the objection must also be attached to signature of the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, to object ’s duly authorized attorney or representative. All objections must be submitted to the fairnessSettlement Administrator, reasonablenessClass Counsel identified below, and to the Court either by mailing them to: Clerk, Northern District of New York, ▇▇▇▇▇ ▇. ▇▇▇▇▇ Courthouse, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance by filing them in person at the Fairness Hearing must: (a) file a notice of appearance with Courthouse. All objections must be filed or postmarked on or before the Court no later than ten (10) days prior to the Fairness HearingObjection Deadline, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Partiesset forth above. Any Class Member who fails does not make their objections in the manner and by the date set forth in this paragraph shall be deemed to comply with the provisions of this Section 10.02 shall waive and forfeit have waived any and all rights to appear separately and/or to object objections and shall be bound by all forever barred from raising such objections in this or any other action or proceeding, absent further order of the terms Court. Without limiting the foregoing, any challenge to the Settlement Agreement, the Order Granting Preliminary Approval of this Settlement, the Class Action Settlement Agreement and/or the Final Approval Order and by all proceedings, orders, Judgment shall be pursuant to appeal under the applicable rules of appellate procedure and judgments in the litigationnot through a collateral attack.

Objections. Any Settlement Class Members who wish to object to any aspect of the Settlement, fees, expenses, or attorneys’ fees must file with the Court a written statement containing their objections prior to the Exclusion/Objection Deadline. The written statement must include all information specified in the notices. Because any appeal by an objecting Settlement Class Member who intends to object to this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to entire Settlement, Class Counsel and counsel for Defendant at fees and/or expenses, or Plaintiff’s Incentive Award may delay the addresses set forth in payment under the Notice. A. In the written objectionSettlement, the each objecting Settlement Class Member must state his elect within thirty (30) days of the Final Approval Order to (a) not appeal; (b) appeal only the objecting Settlement Class Member’s portion of the Settlement, Fees, Expenses, or her full nameincentive award which would be severed from the rest of the case and would not delay the final judgment for all other Settlement Class Members; or, current address, telephone number, the reasons for his or her objection, and whether he or she intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the Objection, and (c) if the objecting Settlement Class Member intends purports to call witnesses at appeal on behalf of the Fairness Hearingentire Class (for which he has not been appointed to represent and would likely be in conflict with), those witnesses must be identifiedor does not definitively or timely choose option (a) or (b) above, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the such objecting Settlement Class Member making them or that appeals agrees to put up a cash bond to be set by his or her counsel. B. Any Settlement the this Court sufficient to reimburse Defendant’s and Class Member who has timely filed a written objectionCounsel’s appellate fees, as provided Defendant’s and Class Counsel’s expenses, and the lost interest for above, may appear at the Fairness Hearing, either in person or through an attorney hired at one year to the Class Member's own expense, to object caused by the likely delay. Any award or payment of attorneys' fees made to the fairness, reasonableness, or adequacy counsel of this Agreement or an objector to the SettlementSettlement shall be made only by Court order and upon a showing of a substantial benefit conferred to the Class. A Class Member or Any award of attorneys' fees by the Court will be conditioned on the objector and his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice stating under penalty of appearance with the Court perjury that no later than ten (10) days prior payments shall be made to the Fairness Hearing, or as objector based on the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments objector's participation in the litigationmatter other than as ordered by the Court.

Objections. Any member of the Settlement Class Member who intends wishes to object to this the settlement must file return by U.S. mail to the Settlement Administrator a timely written statement of objection with the Court no later than thirty (30) days after the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at date the addresses set forth in Settlement Administrator mails the Notice. A. In the written objection, Notice of Settlement. Any member of the Settlement Class Member who submits a timely request for exclusion or opt out may not file an objection to the settlement and shall be deemed to have waived any rights or benefits under this Stipulation of Settlement. The Notice of Objection must state his or her full (1) the case name and number; (2) the name, current address, telephone number, and email address (if any) of the reasons for his or her member of the Settlement Class making the objection, ; (3) a statement of the objection(s) being asserted; (4) a detailed description of the facts and whether he or she intends any legal authorities underlying each objection; (5) a notice of intent to appear at the final Fairness Hearing on his or her own behalf or through counsel. Any documents supporting the objection must also be attached to the ObjectionHearing, and if the Settlement Class Member making the objection intends to call appear; (6) a list of any witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, the objection may appear call to testify at the Fairness Final Approval Hearing, either whether in person or through an attorney hired at the Class Member's own expenseperson, to object to the fairness, reasonablenessby deposition, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise directaffidavit; and (b7) serve a copy list of any exhibits, and copies of the same, which that such notice of appearance on all counsel for all Partiesobjector may offer at the Final Approval Hearing. Any objection must be personally signed by the objector. No member of the Settlement Class Member who fails shall be entitled to comply contest in any way the approval of the terms and conditions of this Stipulation of Settlement or the Court’s Final Approval Order except by filing and serving written objections in accordance with the provisions of this Section 10.02 Stipulation of Settlement. Any member of the Settlement Class who fails to make objections in the manner specified above shall waive and forfeit be deemed to have waived any and all rights to appear separately and/or to object objections and shall be bound foreclosed from making any objections, whether by all appeal or otherwise, to the terms of this Settlementsettlement. The Settlement Administrator shall provide any objections and backup information to Defendant’s Counsel and Class Counsel, and who shall file same with the Court at least seven (7) days before the Final Approval Hearing or as otherwise ordered by all proceedings, orders, and judgments in the litigationCourt.

Objections. Any Settlement A Class Member who intends to object to this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth does not opt out as provided in Paragraph 40 may, as instructed in the Notice. A. In , file an objection to the written objection, settlement with the Settlement Class Member must state his Clerk of Court or her full name, current address, telephone number, the reasons for his or her objection, and whether he or she intends may file a motion to appear at the Fairness Hearing on his or her own behalf or through counselintervene. Any documents supporting the such objection must also or motion to intervene, in order to be attached to the Objectiontimely, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed postmarked by the Settlement Class Member making them or by his or her counsel. B. Objection Deadline. Any Settlement Class Member who has timely filed a written objection, as provided for above, an objection in compliance with this paragraph may appear at the Fairness HearingFinal Approval Hearing to be scheduled by the Court, in person or by counsel, and be heard to the extent allowed by the Court, applying applicable law, in opposition to the fairness, reasonableness, and adequacy of the proposed settlement, and/or on the applications for attorneys' fees and costs and incentive award. The right to object to the proposed settlement or to intervene in the Civil Action must be exercised individually by a Class Member or his or her attorney, and not as a member of a group, class, or subclass, except that such objections may be submitted by a Class Member's legally authorized representative. To be effective, a notice of intent to object to the proposed settlement must: (a) Contain a heading which includes the name of the case and case number; (b) Provide the name, address, telephone number, and signature of the Class Member filing the objection; (c) Indicate the specific reasons why the Class Member objects to the proposed settlement; (d) Contain the name, address, bar number, and telephone number of the objecting Class Member’s counsel, if represented by an attorney. Any attorney representing a Class Member must comply with all applicable rules of the Court; and (e) State whether the objecting Class Member intends to appear at the final approval hearing, either in person or through an attorney hired at the Class Member's own expensecounsel. In addition, a notice of intent to object to must contain the fairnessfollowing information, reasonableness, or adequacy of this Agreement or if the Settlement. A Class Member or his or her attorney intending requests permission to make an appearance speak at the Fairness Hearing must: final approval hearing: (af) file a notice A detailed statement of appearance with the Court no later than ten legal and factual basis for each and every objection; (10g) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy A list of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights witnesses whom the Class Member may seek to appear separately and/or call at the final approval hearing, with the address of each witness and a summary of his or her proposed testimony (whether any such testimony is allowed will be in the discretion of the Court, in accordance with the rules of the Court); (h) A detailed description of any and all evidence the Class Member may offer at the final approval hearing, including photocopies of any and all exhibits which the objector may seek to introduce at the final approval hearing (whether any such evidence is admitted or otherwise considered will be determined by the Court, in accordance with the rules of the Court); (i) A list of any legal authority the Class Member will present at the final approval hearing; and (j) Documentary proof of membership in the Class. Class Members have the right to exclude themselves from the proposed settlement and pursue a separate and independent remedy against RailWorks by complying with the exclusion provisions in Paragraph 40. Class Members who object to the proposed settlement shall remain Settlement Class Members and voluntarily waive their right to pursue an independent remedy against RailWorks. To the extent any Class Member objects to the proposed settlement, and such objection is overruled in whole or in part, such Class Member will be forever bound by the Order and Final Judgment of the Court. Class Members can avoid being bound by any judgment of the Court by complying with the exclusion provisions in Paragraph 40. Class Members who file objections are still entitled to receive benefits under the settlement if it is approved, but they must submit a timely Claim Form to do so. Submitting a timely Claim Form does not waive an objection to the settlement. A Class Member is not entitled to submit both an opt-out request and an objection. If a Class Member submits both an opt-out request and an objection, the Settlement Administrator will send a letter explaining that they are not permitted to make both such requests, and asking the Class Member to make a final decision as to whether to opt out or object and shall inform the Settlement Administrator of that decision within 10 days. If the Class Member does not respond to that communication within 10 days after it was mailed (or by the Objection deadline, whichever is later), the Class Member will be bound by all treated as having opted out of the terms of this SettlementClass, and by all proceedingsthe objection will not be considered, orders, and judgments in subject to the litigationCourt’s discretion.

Objections. 57. The Notice shall also advise Settlement Class Members of their right to object to the Settlement Agreement and its terms. The Notices shall specify that any objection to this Settlement Agreement, and any papers submitted in support of said objection, shall be received by the Court at the Final Approval Hearing, only if, on or before the Objection/Exclusion Deadline approved by the Court, the person making an objection shall file notice of his/her intention to do so and at the same time: (i) file copies of such papers he/she proposed to submit at the Final Approval Hearing with the Clerk of the Court; (ii) that any objection made by a Settlement Class Member represented by counsel must be filed with the Clerk of the Court; and (iii) send copies of such papers via United States mail, hand delivery, or overnight delivery to both Class Counsel and Defendant’s Counsel. A copy of the objection must also be mailed to the Settlement Administrator at the address that the Settlement Administrator will establish to receive requests for exclusion or objections and any other communication relating to this Settlement. 58. Any Settlement Class Member who intends to object to this settlement Settlement must file a written objection with include in any such objection: (i) his/her full name, address and current telephone number; (ii) the Court no later than case name number of this Litigation; (iii) the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel date range during which he/she was employed by Defendant; (iv) all grounds for Defendant at the addresses set forth in the Notice. A. In the written objection, with factual and legal support for the stated objection, including any supporting materials; and (v) the objector’s signature. If represented by counsel, the objecting Settlement Class Member must state his or also provide the name and telephone number of his/her full name, current address, telephone number, counsel. If the reasons for his or her objection, and whether he or she objecting Settlement Class Member intends to appear at the Fairness Final Approval Hearing, either with or without counsel, he/she must state as such in the written objection, and must also identify any witnesses he/she may call to testify at the Final Approval Hearing on his or her own behalf or through counsel. Any documents supporting and all exhibits he/she intends to introduce into evidence at the objection Final Approval Hearing, which must also be attached to to, or included with, the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counselwritten objection. B. 59. Any Settlement Class Member who has fails to timely filed file and serve a written objection, as provided for above, may objection and notice of intent to appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, Final Approval Hearing pursuant to this Agreement shall not be permitted to object to the fairness, reasonableness, or adequacy approval of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance Settlement at the Fairness Final Approval Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all foreclosed from seeking any review of the Settlement or the terms of this Settlement, and the Agreement by all proceedings, orders, and judgments in the litigationappeal or other means.

Objections. Any Settlement Class Member who intends does not timely and validly exclude themself from the Settlement Class may appear and show cause, if he or she has any reason to object to this settlement must file the Settlement; provided, however, that no Class Member shall be heard or entitled to contest the approval of the terms and conditions of the proposed Settlement, or, if approved, the Final Judgment to be entered thereon approving the same, or any attorney’s fees and expenses to be awarded to Class Counsel or award made to the Class Representative, unless a written objection with is sent to the Settlement Administrator at the mailing address listed in the Class Notice no later than thirty (30) days after the Notice Mailing Date. The written objection must also be mailed to the Clerk of Court no later than thirty (30) days after the Objection Deadline and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth in the Notice. A. In Notice Mailing Date. To be valid, the written objectionobjection must: (a) identify the case name and number; (b) identify the name, address, telephone number of the Settlement Class Member must state his objecting and, if represented by counsel, of his/her counsel; (c) be personally signed by the person objecting, or if represented by counsel, signed by his/her full name, current address, telephone number, counsel; (d) the reasons basis and grounds for his or her objection, objection with specificity; and (e) a statement of whether he or he/she intends to appear at the Fairness Hearing on his Final Approval Hearing, either with or her own behalf or through without counsel. Any documents supporting Within seven (7) business days of the objection must also be attached Objection Deadline, the Settlement Administrator shall provide a report to the Objection, and if Court setting forth a list of Objections that meet the Settlement Class Member intends to call witnesses at above guidelines. The Court shall have the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objectionultimate determination of whether an Objection has been appropriately made. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed a written does not make his or her objection in the manner provided in this Section shall be deemed to have waived such objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, shall not be permitted to object to any terms or approval of the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance Settlement at the Fairness Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Final Approval Hearing, or as the Court may otherwise direct; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights to appear separately and/or to object and shall be bound by all foreclosed from making any objection to the terms of this Settlement, and unless otherwise ordered by all proceedings, orders, and judgments in the litigationCourt.

Objections. Any Settlement Class Member member who intends to object to the fairness of this settlement must Agreement must, by the date specified in the Preliminary Approval Order (which shall be no later than forty-five (45) days after the Notice Date and included in the Postcard Notice and the Long-Form Notice), file a written any such objection with the Court no later than the Objection Deadline and simultaneously provide Court, with a copy to Class Counsel and counsel for Defendant the Froedtert Defendants. The objection must include at least the following information: 1. The Settlement Class member’s name, address, and telephone number; 2. A written statement of all grounds for the objection and any legal or factual support for such objection; 3. Copies of all documents upon which the objection is based; 4. A list of any persons who would be called to testify in support of the objection at the addresses set forth in the Notice.Fairness Hearing; and A. In the written objection, 5. A statement of whether the Settlement Class Member must state his or her full name, current address, telephone number, member intends to appear at the reasons for his or her objection, and whether he or she Fairness Hearing. If the Settlement Class member intends to appear at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting , the objection must also be attached to the Objection, and if identify all attorneys representing the Settlement Class Member intends to call witnesses at the Fairness Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member member who has timely filed a written objection, as provided for above, may appear at the Fairness Hearing, either in person or through an attorney hired at the Class Member's own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlement. A Class Member or his or her attorney intending to make an appearance at the Fairness Hearing must: (a) The Parties may file a notice of appearance with the Court no later than ten response to any objections at least seven (107) days prior to the Fairness Hearing. Unless otherwise ordered by the Court, Settlement Class members who file an objection but do not Opt-Out under Section II.E are bound by the Release in Section I.C.2 of this Agreement, regardless of whether they submit a Valid Claim or as the Court may otherwise direct; receive any Settlement Benefit. Any Settlement Class member who does not timely file an objection and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with the provisions of this Section 10.02 shall waive and forfeit any and all rights his or her intent to appear separately and/or to object and at the Fairness Hearing shall be bound foreclosed from seeking adjudication or review of the settlement or this Agreement by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigationappeal or otherwise.

Objections. Any Settlement Class Member who intends has not submitted a timely written exclusion request pursuant to Section 5.5 below and who wishes to object to this settlement the fairness, reasonableness or adequacy of the Settlement Agreement or the proposed Settlement, to the attorneys' fees and costs award, or to the service awards for the Named Plaintiffs, must file do so by filing a written objection with the Court and delivering a copy of the objection to Class Counsel and Gogo’s Counsel no later than the Objection Deadline date approved by the Court and simultaneously provide a copy to Class Counsel and counsel for Defendant at the addresses set forth specified in the Notice. A. In Notice provided for in Section 3 above. The delivery date is deemed to be the written objectiondate when the objection is deposited in the U.S. mail as evidenced by the postmark. It shall be the objector's responsibility to ensure receipt of any objection by the Court, Class Counsel, and Gogo's Counsel. To be considered by the Court, the Settlement objection must include: (1) a heading containing the name and case number of the Action; (2) the Class Member must state his or her full Member's name, current email address, postal address, Gogo account user ID, telephone numbernumber that were used in conjunction with the Class Member's Gogo account, as well as include the reasons first month of purchase of the Monthly Pass by the Class Member; (3) a detailed statement of each objection and the factual and legal basis for his or her each objection, and whether he the relief that the Class Member is requesting; (4) a list of and copies of all documents or she intends other exhibits which the Class Member may seek to appear use at the Fairness Hearing on his or her own behalf or through counsel. Any documents supporting Hearing; and (5) a statement of whether the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses appear, either in person or through counsel, at the Fairness Hearing, those witnesses must be identifiedand if through counsel, including providing each witness’s a statement identifying the counsel's name, address postal address, phone number, email address, and telephone number in the Objectionstate bar(s) to which the counsel is admitted. Objections must be signed by the Settlement Class Member making them or by his or her counsel. B. Any Settlement Class Member who has timely filed files and serves a written objection, as provided for abovedescribed in this section, may has the option to appear at the Fairness Hearing, either in person or through an attorney personal counsel hired at the Class Member's own objector’s expense, to object to the fairness, reasonableness, or adequacy of this the Settlement Agreement or the proposed Settlement, to the award of attorneys' fees and costs, or to the service awards for Named Plaintiffs. A However, Class Member Members or his or her attorney their attorneys intending to make an appearance at the Fairness Hearing must: (a) file must include a notice statement of appearance intention to appear in the written objection filed with the Court no later than ten (10) days prior and delivered to Class Counsel, and Gogo's Counsel, and only those Class Members who include such a statement may speak at the Fairness Hearing, or as the Court may otherwise direct; and (b) serve . If a copy of such notice of appearance on all counsel for all Parties. Any Class Member who fails to comply with makes an objection or appears at the provisions of this Section 10.02 shall waive Fairness Hearing through an attorney, that objector will be responsible for his or her personal attorney's fees and forfeit any and all rights to appear separately and/or to object and shall be bound by all the terms of this Settlement, and by all proceedings, orders, and judgments in the litigationcosts.

Objections. Any Settlement Class Member who intends to object to the fairness, reasonableness, or adequacy of this settlement must file a written objection with the Court no later than the Objection Deadline and simultaneously provide serve a copy to on Class Counsel and counsel for Defendant at the respective addresses set forth in the NoticeSettlement Agreement. A. In the written objection, the Settlement Class Member must state his or her the Settlement Class Member’s full name, current address, telephone number, the reasons for his or her the objection, and whether he or she intends to appear at the Fairness Final Approval Hearing on his or her own behalf or through counsel, and a list of all cases in which the objector or objector’s counsel has appeared to object to a class-action settlement in the last five (5) years. Any documents supporting the objection must also be attached to the Objection, and if the Settlement Class Member intends to call witnesses at the Fairness Final Approval Hearing, those witnesses must be identified, including providing each witness’s name, address and telephone number in the Objection. Objections must be signed by the Settlement Class Member making them or by his his, her, or her its counsel. B. Any Settlement Class Member who has timely filed a written objection, as provided for above, may appear at the Fairness Final Approval Hearing, either in person or through an attorney hired at the Class Member's ’s own expense, to object to the fairness, reasonableness, or adequacy of this Agreement or the Settlementsettlement. A Settlement Class Member or his his, her, or her its attorney intending to make an appearance at the Fairness Final Approval Hearing must: (a) file a notice of appearance with the Court no later than ten (10) days prior to the Fairness Hearing, or as the Court may otherwise directObjection Deadline; and (b) serve a copy of such notice of appearance on all counsel for all Parties. Any Settlement Class Member who fails to comply with the provisions of this Section 10.02 11.02 shall waive and forfeit any and all rights to appear separately and/or and to object object, and shall be bound by all the terms of this Settlementsettlement, and by all proceedings, orders, and judgments in the litigation.