Opt-Out Procedure Sample Clauses

Opt-Out Procedure. 56. Any person or entity in the Settlement Class shall have the right to opt out of the Settlement Class and not participate in the Settlement, as provided for in the Preliminary Approval Order. Requests to opt out of the Settlement Class (“Opt-Out Requests”) can only be made on behalf of a single person or entity who is in the Settlement Class; mass exclusion requests shall not be valid. 57. In order to be timely, Opt-Out Requests must be postmarked on or before the Opt- Out Deadline and addressed to the Settlement Administrator. Opt-Out Requests postmarked or otherwise submitted after the Opt-Out Deadline will not be valid. 58. The Long Form Notice shall inform each person in the Settlement Class of the right to opt out of the Settlement Class and not to be bound by this Settlement Agreement if, by the Opt-Out Deadline, the individual completes, signs, and timely submits an Opt-Out Request to the Settlement Administrator at the address set forth in the Notice. 59. For an Opt-Out Request to be valid, it must: a. State the full name, address, telephone number, and email address (if any) of the person or entity who is opting out; b. Contain the personal and original signature of the person or entity opting out (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney, to act on behalf of the person or entity who is opting out); and c. Clearly state the person’s or entity’s intent to be excluded from the Settlement Class and to waive all rights to the benefits of the Settlement. 60. The Settlement Administrator shall promptly inform Class Counsel and Wawa of all Opt-Out Requests received and provide a copy of each Opt-Out Request to Class Counsel and Wawa’s Counsel. 61. If a person or entity submits both a Claim Form and a request to opt out, the person or entity will be deemed to have waived and withdrawn the request to opt out and shall be treated as a Settlement Class Member for all purposes. The Settlement Administrator will notify the Settlement Class Member. 62. All persons and entities in the Settlement Class who submit timely and valid Opt- Out Requests in the manner set forth in Paragraph 59 above, referred to herein as “Opt-Outs,” shall receive no compensation under the Settlement, shall gain no rights from the Settlement, shall not be bound by the Settlement and the Release, and shall have no right to object to the Settlement. 63. All Settlement Class Members who do ...

Opt-Out Procedure. 25 a. Class Members will have until the Response Deadline to mail by first class U.S. 26 mail, with proof of date of submission to be the postmark date, a written request to opt out of the 27 Settlement (“Request for Exclusion”). Unless a Class Member submits a timely and valid Request for 28 Exclusion, he/she shall be bound by the terms and conditions of this Agreement, including the release 1 of claims as set forth herein. 2 b. A Request for Exclusion, in order to be deemed valid, must: (1) be signed by 3 the Class Member; (2) contain the case name and number of the ▇▇▇▇▇ Action; (3) contain the Class 4 Member’s full name, telephone number, and mailing address; and (4) clearly states that the Class 5 Member wants to opt out of the Settlement. 6 c. Upon receipt of any timely Request for Exclusion, the Settlement Administrator 7 shall review the request to verify the information contained therein and confirm that the request 8 complies with the requirements of this Agreement. 9 d. Any Class Member who fails to submit via first class U.S. mail a timely, 10 complete, and valid Request for Exclusion shall be barred from opting out of this Agreement or the 11 Settlement. The Settlement Administrator shall not review or consider any Request for Exclusion 12 postmarked after the Response Deadline. Under no circumstances shall the Settlement Administrator 13 have the authority to extend the Response Deadline for Class Members to file a Request for Exclusion, 14 except as ordered by the Court or mutually agreed by the Parties. 15 e. If ten percent (10%) or more of the Class Members submit a timely and valid 16 Request for Exclusion, Defendants shall have the sole and absolute discretion to withdraw from this 17 Agreement within ten (10) calendar days after the Response Deadline by providing written notice of 18 such withdrawal to Class Counsel. In the event that either PrimeSkill or Schenker elect to withdraw 19 as set forth in this provision, the withdrawal shall have the same effect as a termination of this 20 Agreement for failure to satisfy a condition of Settlement and the Agreement shall become null and 21 void and have no further force or effect. If either PrimeSkill or Schenker chooses to terminate this 22 Agreement under this provision, the terminating party shall be responsible to pay the Administration 23 Costs incurred by the Settlement Administrator; if both PrimeSkill and ▇▇▇▇▇▇▇▇ choose to terminate 24 this Agreement under this provision, they both ...

Opt-Out Procedure. If either Party elects to Opt-Out pursuant to Section 11.1.1 (Elective Opt-Out), such Party will provide written notice of such Opt-Out to the non-Opt-Out Party, which notice will also include (to the extent not already provided to the JSC) a summary of key data and results of the Opt-Out Party’s activities under the Research Plan, Development Plan or Commercialization Plan, as applicable, and as reasonably necessary for the non-Opt-Out Party to evaluate whether it wants to continue the activities under the Program. Within [***] following the receipt of such notice of Opt-Out, the non-Opt-Out Party will notify the Opt-Out Party whether or not it will continue with the activities under the Program to identify a Development Candidate and to Exploit Licensed Compounds and Licensed Products, as applicable. If such non-Opt-Out Party notifies the other Party that it will not continue with such activities, then this Agreement will automatically terminate in accordance with Section 17.2.6 (Termination for Failure to Continue Following Opt-Out). If such non-Opt-Out Party notifies the Opt-Out Party that it will continue with such activities for the Program, then (a) such Opt-Out by the Opt-Out Party will be effective on the first day of the next applicable Opt-Out Period (or if such written notice is provided by the non-Opt-Out Party during an Opt-Out Period, then such Opt-Out will be effective on the date that is [***] following the date on which such notice is provided) (such effective date of Opt-Out, the “Opt-Out Date”), (b) such non-Opt-Out Party will be deemed a “Continuing Party” and (c) notwithstanding any provision to the contrary set forth in this Agreement, the effects of Opt-Out set forth in Section 11.2 (Effects of Opt-Out) will apply.

Opt-Out Procedure. If you are a new PayPal customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must mail the opt-out notice to PayPal, Inc., Attn: Litigation Department, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇. For your convenience, we are providing an opt-out notice form you must complete and mail to opt out of this Agreement to Arbitrate. You must complete this form by providing all the information it calls for, including your name, address, phone number, and the email address(es) used to log in to the PayPal account(s) to which the opt-out applies. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of this Agreement to Arbitrate, all other parts of the user agreement will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Opt-Out Procedure. 1. Each Class Member who wishes to opt-out must submit a properly completed Opt-Out Form, along with true copies of (i) all trade confirmation slips in respect of transactions in the Shares during the Class Period (and ten days after the end of the Class Period), or (ii) all monthly statements with information concerning transactions in the Shares during the Class Period (and ten days after the end of the Class Period) (“Supporting Documents”) to the O&O Administrator on or before the Opt-Out Deadline. 2. If a Class Member fails to submit a properly completed Opt-Out Form and/or all required Supporting Documents before the Opt-Out Deadline, the Class Member shall not have opted-out of the Action, subject to any order of the Court to the contrary, and will in all respects be subject to, and bound by, the provisions of this Agreement and the releases contained herein, and any orders made in the Action. 3. The Opt-Out Deadline shall not be extended unless the Court orders otherwise. 4. All Opt-Out Parties will be excluded from any and all rights and obligations arising from the Settlement. Class Members who do not opt-out shall be bound by the Settlement and the terms of this Agreement regardless of whether he/she/it files a Claim Form or receives compensation from the Settlement.

Opt-Out Procedure. Each member of the Settlement Class shall have the right to request exclusion from the Settlement Class and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order.

Opt-Out Procedure. 6.1 Each Settlement Class Member shall have the right to opt-out and not participate in the Settlement Agreement, as provided for in the Preliminary Approval Order. 6.2 The Notice shall inform each Settlement Class Member of his or her right to request exclusion from the Settlement Class and not to be bound by this Settlement Agreement, if, within such time as is ordered by the Court (“Opt-Out Period”), the Settlement Class Member personally signs and timely submits, completes, and mails a request for exclusion (“Opt-Out Request”) to the Settlement Administrator at the address set forth in the Notice. To be effective, an Opt-Out Request must be postmarked no later than the final date of the Opt-Out Period. 6.3 The Parties will recommend to the Court that the Opt-Out Period be the ninety (90) Day period beginning upon the entry of the Preliminary Approval Order. 6.4 For a Settlement Class Member’s Opt-Out Request to be valid, it must (a) state his or her full name, address, and telephone number; (b) contain the Settlement Class Member’s personal and original signature (or the original signature of a person previously authorized by law, such as a trustee, guardian or person acting under a power of attorney to act on behalf of the Settlement Class Member with respect to a claim or right such as those in the Action); and (c) state unequivocally the Settlement Class Member’s intent to be excluded from the Settlement Class, to be excluded from the Settlement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. The Settlement Administrator shall promptly inform Settlement Class Counsel and Clearway Counsel of any Opt-Out Requests. 6.5 All Settlement Class Members who submit timely and valid Opt-Out Requests in the manner set forth in paragraph 6.4, above, referred to herein as “Opt-Outs,” shall receive no benefits or compensation under this Settlement Agreement, shall gain no rights from the Settlement Agreement, shall not be bound by the Settlement Agreement, and shall have no right to object to the Settlement or proposed Settlement Agreement or to participate at the Final Approval Hearing. All Settlement Class Members who do not request to be excluded from the Settlement Class in the manner set forth in paragraph 6.4, above, shall be bound by the terms of this Settlement Agreement, including the Release contained herein, and any judgment entered thereon, regardless of whether he or she files a Claim Form or receiv...

Opt-Out Procedure. You have the right to opt out and not be bound by the foregoing Arbitration Agreement and Class Action Waiver, by sending a written notice of your election to opt out from such Arbitration Agreement and/or Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of Subparts 14.c.i – 14.c.iii: 1. Form & Address. Your Opt Out Notice must be sent to the following address: BANDAI NAMCO Entertainment America Inc., ATTN: ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (*Temp. Mailing Address* ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, Suite 8-9, Santa Clara, CA 95054), and either by: (i) first class mail, postage prepaid, certified and return receipt requested; or (ii) overnight courier service (such as Federal Express).

Opt-Out Procedure. You have the right to opt out and not be bound by the foregoing Arbitration Agreement and Class Action Waiver, by sending a written notice of Your election to opt out from such Arbitration Agreement and/or Class Action Waiver (the “Opt Out Notice”), in strict compliance with the following requirements of Subparts 14.c.i – 14.c.iii: i. Form & Address. Your Opt Out Notice must be sent to the following address: BANDAI NAMCO Entertainment America Inc., ATTN: Legal & Business Affairs, ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇, and either by: (i) first class mail, postage prepaid, certified and return receipt requested; or (ii) overnight courier service (such as Federal Express).