Common use of Opt-Out Process Clause in Contracts

Opt-Out Process. If you do not want this Arbitration Provision to apply, you may reject it by mailing us a written opt-out notice which specifies your name and address, identifies the applicable Box, and includes a signed statement that you opt out of the Arbitration Provision. The opt-out notice must be signed by you and sent to us by mail (not electronically) at Credit Union, Attn: ARBITRATION, P.O. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. You should retain a copy of your opt-out notice and evidence of mailing. This is the only way you can opt out of the Arbitration Provision. Your decision to opt out will not have any other effect on this lease. If you don’t reject this Arbitration Provision, it will be effective as of the date you signed to indicate acceptance of the Terms and Conditions of this lease. If there are Co-Lessees, one ▇▇▇▇▇▇’s rejection of this Arbitration Provision will be deemed to be a rejection by all Lessees. In all other circumstances, your rejection of this Arbitration Provision will not be deemed to be a rejection of this Arbitration Provision by any person or entity other than you. If you lease more than one Box, and wish to opt out of the Arbitration Provision for multiple Boxes, and are still within the 30-day time period for opting out of the Arbitration Provision for said Boxes, please include in your written opt out notice each Box number for which you wish to opt out of the Arbitration Provision. In all other circumstances, your decision to opt out of the Arbitration Provision applies only to this Box and not to any other Boxes you have with us. Moreover, we offer a number of different products and services to our customers. If you opt out of arbitration for one or more Boxes governed by this lease, this opt-out will not affect any other arbitration provision that may exist between you and us, now or in the future, in connection with other products or services you obtain from us. Any such arbitration provision will remain in force unless you separately opt out of it in accordance with its terms. For example, if you also have a credit card account with us, opting out of this Arbitration Provision will not constitute an opt out of any arbitration provision that may apply to the credit card account.

Opt-Out Process. If you do not want this Arbitration Provision to apply, you (i) Members of the Settlement Class may reject it by mailing us a written opt-out notice which specifies your name and address, identifies the applicable Box, and includes a signed statement that you opt out of the Arbitration Provisionsettlement pursuant to this subsection or may object to the Settlement pursuant to subsection (e) below, but may not do both. The Any member of the Settlement Class who submits a timely Request for Exclusion pursuant to this subsection may not file an objection to the Settlement. (ii) Named Plaintiffs represent that they shall not themselves opt out of the settlement of the Litigation, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the settlement of the Litigation. (iii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt-out notice of the Settlement by following the directions in the Notice(s). Any such request to opt-out (“Request for Exclusion”) must be made in writing to the Claims Administrator, signed by you the member of the Settlement Class, and sent postmarked no later than thirty (30) calendar days after the date the applicable Notice is mailed to us the Settlement Class or, in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the applicable Notice is re-mailed, whichever is later (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion that do not include all required information, do not comply with the instructions in the Notice, or that are not submitted on a timely basis, will be deemed null, void and ineffective. Requests for Exclusion must be exercised individually by mail each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of any member of the Settlement Class. (iv) The Claims Administrator, in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final and binding, but will be subject to review by the Court at the time of the Final Approval Hearing so long as the member of the Settlement Class submits an objection to the Claims Administrator’s decision at or before the Final Approval Hearing. (v) The Claims Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons who are eligible to and do submit valid and timely requests to opt- out of the Settlement Class (“Opt-Outs”) will not electronically) at Credit Unionparticipate in the Settlement or be bound by its terms, Attn: ARBITRATION, P.O. ▇▇▇ ▇▇▇▇▇except as provided by law (e.g., ▇▇▇▇▇▇▇▇ v. Superior Court, ▇▇ 46. Cal. 4th 969 (2009)), will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., ▇▇▇▇▇▇ v. Superior Court, 46. You should retain Cal. 4th 969 (2009)), will not be a copy Settlement Class Member, and will receive no part of your the Net Common Fund or the Gross Common Fund. (viii) Every member of the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member”, shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice of the Litigation or this proposed Settlement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out notice from the Settlement Class and evidence of mailing. This is the only way you can opt out of the Arbitration Provision. Your decision to opt out will not have any other effect on this lease. If you don’t reject this Arbitration Provision, it such request for an exclusion will be effective as void and of the date you signed to indicate acceptance of the Terms no force and Conditions of this lease. If there are Co-Lessees, one ▇▇▇▇▇▇’s rejection of this Arbitration Provision will be deemed to be a rejection by all Lessees. In all other circumstances, your rejection of this Arbitration Provision will not be deemed to be a rejection of this Arbitration Provision by any person or entity other than you. If you lease more than one Box, and wish to opt out of the Arbitration Provision for multiple Boxes, and are still within the 30-day time period for opting out of the Arbitration Provision for said Boxes, please include in your written opt out notice each Box number for which you wish to opt out of the Arbitration Provision. In all other circumstances, your decision to opt out of the Arbitration Provision applies only to this Box and not to any other Boxes you have with us. Moreover, we offer a number of different products and services to our customers. If you opt out of arbitration for one or more Boxes governed by this lease, this opt-out will not affect any other arbitration provision that may exist between you and us, now or in the future, in connection with other products or services you obtain from us. Any such arbitration provision will remain in force unless you separately opt out of it in accordance with its terms. For example, if you also have a credit card account with us, opting out of this Arbitration Provision will not constitute an opt out of any arbitration provision that may apply to the credit card accounteffect.

Opt-Out Process. If you do not want this Arbitration Provision to apply, you may reject it by mailing us a written opt-out notice which specifies your name and address, identifies the applicable Boxaccount(s), and includes a signed statement that you opt out of the Arbitration Provision. The opt-out notice must be signed by you and sent to us by mail (not electronically) at Credit Union, Attn: ARBITRATION, P.O. ▇▇▇ ▇▇▇▇▇Box 28327, ▇▇▇▇▇▇▇Raleigh, ▇▇ ▇▇▇▇▇NC 27611. You should retain a copy of your opt-out notice and evidence of mailing. This is the only way you can opt out of the Arbitration Provision. Your decision to opt out will not have any other effect on this leaseagreement or your account with us. If you don’t reject this Arbitration Provision, it will be effective as of the date you signed to indicate acceptance of the Terms and Conditions of this leasefirst opened your account. If there are Co-Lesseesan account is jointly owned, one ▇▇▇▇▇▇owner’s rejection of this Arbitration Provision will be deemed to be a rejection by all Lesseesjoint owners. In all other circumstances, your rejection of this Arbitration Provision will not be deemed to be a rejection of this Arbitration Provision by any person or entity other than you. If you lease have more than one Boxaccount with us, and wish to opt out of the Arbitration Provision for multiple Boxesaccounts, and are still within the 30-day time period for opting out of the Arbitration Provision for said Boxesaccounts, please include in your written opt out notice each Box number account for which you wish to opt out of the Arbitration Provision. In all other circumstances, your decision to opt out of the Arbitration Provision applies only to this Box the applicable account and not to any other Boxes accounts you have with us. Moreover, we offer a number of different products and services to our customers. If you opt out of arbitration for one or more Boxes accounts governed by this leaseagreement, this opt-out will not affect any other arbitration provision that may exist between you and us, now or in the future, in connection with other products or services you obtain from us. Any such arbitration provision will remain in force unless you separately opt out of it in accordance with its terms. For example, if you also have a credit card account with us, opting out of this Arbitration Provision will not constitute an opt out of any arbitration provision that may apply to the credit card account.

Opt-Out Process. If you do not want this Arbitration Provision to apply, you (i) Members of the Settlement Class may reject it by mailing us a written opt-out notice which specifies your name and address, identifies the applicable Box, and includes a signed statement that you opt out of the Arbitration Provisionsettlement pursuant to this subsection, or may object to the Settlement pursuant to subsection (e) below, but may not do both. The Any member of the Settlement Class who submits a timely Request for Exclusion pursuant to this subsection may not file an objection to the Settlement. (ii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt-out notice of the Settlement by following the directions in the Notice. Any such request to opt-out (“Request for Exclusion”) must be made in writing to the Claims Administrator, signed by you the member of the Settlement Class, and sent postmarked no later than forty-five (45) calendar days after the date the Notice is mailed to us the Settlement Class or, in the case of a re-mailed Notice, not more than ten (10) calendar days after the date the Notice is re- mailed (the “Response Deadline”). The date of the postmark shall be the exclusive means used to determine whether a request for exclusion has been timely submitted. Requests for Exclusion that do not include all required information, do not comply with the instructions in the Notice, or that are not submitted on a timely basis, will be deemed null, void and ineffective. Requests for Exclusion must be exercised individually by mail each member of the Settlement Class, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legal authorized representative of any member of the Settlement Class. (iii) The Claims Administrator, in its sole discretion, shall determine whether a request for exclusion was timely submitted or properly made. The Claims Administrator’s decision shall be final, binding and non-appealable. (iv) Neither the Parties nor their counsel shall encourage any member of the Settlement Class to opt-out of the Settlement. (v) The Claims Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list. (vi) The Parties’ counsel shall receive a copy of all valid Requests for Exclusion from the Claims Administrator within ten (10) calendar days after the final date to opt out, along with a complete list of all Persons who have timely and properly requested exclusion from the Settlement Class. (vii) Persons who are eligible to and do submit valid and timely requests to opt- out of the Settlement Class (“Opt-Outs”) will not electronically) at Credit Unionparticipate in the Settlement or be bound by its terms, Attn: ARBITRATIONexcept as provided herein, P.O. ▇▇▇ will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided herein, will not be a Settlement Class Member, and will receive no part of the Net Common Fund or the Gross Common Fund. However, notwithstanding the submission of a timely request for exclusion, Opt-Outs will still be bound by the settlement and release of the PAGA claims or remedies under the final judgment pursuant to ▇▇▇▇▇▇ v. Superior Court, ▇▇▇▇▇▇▇46 Cal. 4th 969 (2009). Requests for Exclusion do not apply to the PAGA claims. (viii) Every member of the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member”, ▇▇ ▇▇▇▇▇. You should retain a copy shall be bound by this Agreement and shall have all their claims released as provided for herein, even if they never received actual notice of your the Litigation or this proposed Settlement. (ix) By signing this agreement, the Named Plaintiffs each affirmatively opt into an agreement to release their FLSA claims against Instacart and each individually waive their respective rights to opt-out notice from the Settlement Class and evidence of mailing. This is the only way you can opt out of the Arbitration Provision. Your decision to opt out will not have any other effect on this lease. If you don’t reject this Arbitration Provision, it such request for an exclusion will be effective as void and of the date you signed to indicate acceptance of the Terms no force and Conditions of this lease. If there are Co-Lessees, one ▇▇▇▇▇▇’s rejection of this Arbitration Provision will be deemed to be a rejection by all Lessees. In all other circumstances, your rejection of this Arbitration Provision will not be deemed to be a rejection of this Arbitration Provision by any person or entity other than you. If you lease more than one Box, and wish to opt out of the Arbitration Provision for multiple Boxes, and are still within the 30-day time period for opting out of the Arbitration Provision for said Boxes, please include in your written opt out notice each Box number for which you wish to opt out of the Arbitration Provision. In all other circumstances, your decision to opt out of the Arbitration Provision applies only to this Box and not to any other Boxes you have with us. Moreover, we offer a number of different products and services to our customers. If you opt out of arbitration for one or more Boxes governed by this lease, this opt-out will not affect any other arbitration provision that may exist between you and us, now or in the future, in connection with other products or services you obtain from us. Any such arbitration provision will remain in force unless you separately opt out of it in accordance with its terms. For example, if you also have a credit card account with us, opting out of this Arbitration Provision will not constitute an opt out of any arbitration provision that may apply to the credit card accounteffect.