Common use of Opt-Out Process Clause in Contracts

Opt-Out Process. 8.1 A Settlement Class Member who wishes to exclude herself or himself from this Settlement and from the release of claims pursuant to this Settlement shall submit a timely and valid Request to Opt Out. To be timely, the Parties will propose to the District Court that the Request to Opt Out must be filed with the Settlement Administrator within forty-five (45) days after the Notice Date. To be valid, the Request to Opt Out shall (1) contain the words “I wish to be excluded from the Settlement Class in ▇▇▇▇▇ ▇▇▇▇▇ v. Walmart” or similar language; (2) contain the Settlement Class Member’s name and other information to confirm employment at Walmart and other requirements for membership in the Settlement Class and (3) be signed and dated. 8.2 A Settlement Class Member who submits a timely Request to Opt Out is not eligible to recover a share of the Net Settlement Amount. The Settlement Administrator shall maintain a list of persons who have sent Requests to Opt Out and shall provide such list to Walmart’s Counsel and Settlement Class Counsel upon request. The Settlement Administrator shall retain the originals of all Requests to Opt Out (including the envelopes with the postmarks) received from Settlement Class Members and shall provide copies of all Requests to Opt Out to Walmart’s Counsel and Settlement Class Counsel within three (3) business days of receipt. Walmart retains the right to assert any and all defenses to the claims of persons who opt out from this Settlement. If required by the Court, Settlement Class Counsel shall file the Requests to Opt Out with the Court in advance of or in conjunction with the motion for final approval of the Settlement (or at another date set by the District Court), with any sensitive personal information redacted.

Opt-Out Process. 8.1 6.1 A Settlement Class Member who wishes to exclude himself or herself or himself from this Settlement and from the release of claims pursuant to this Settlement shall submit a timely and valid Request to Opt Opt-Out. To be timely, the Parties will propose to the District Court that the A Request to Opt Opt-Out must be filed with the Settlement Administrator submitted online or by mail within forty-five sixty (4560) days after from the last of the following dates: the date E-mail Notice, Text Message Notice, or Postcard Notice Dateis disseminated (hereafter, the “Opt-Out/Objection Deadline”). For a Request to Opt-Out be considered timely, it must be submitted online by 11:59 p.m. Pacific Time on the Opt- Out/Objection Deadline, or if submitted by regular mail, postmarked by said date. The Opt- Out/Objection Deadline shall be set forth clearly in the Notice. To be valid, the Request to Opt Opt- Out must be signed and dated. Each Request to Opt-Out must be submitted individually. In no event shall (1) contain the words “I wish persons who purport to be excluded request exclusion from the Settlement Class in ▇▇▇▇▇ ▇▇▇▇▇ v. Walmart” as a group, aggregate, or class involving more than one Settlement Class Member be considered valid opt- outs. Opt-Out Request Forms, substantially similar language; (2) contain to the attached Exhibit E, shall be available for download from the Settlement Website and, upon request by a Settlement Class Member’s name and other information to confirm employment at Walmart and other requirements for membership in , made available by the Settlement Claims Administrator through First Class and (3) be signed and datedMail. 8.2 6.2 A Settlement Class Member who submits a timely Request to Opt Opt-Out is not eligible to recover a share of the Net Monetary Benefit, except that if any Settlement Amount. Class Member submits both a Request to Opt-Out and a Claim Form, the Request to Opt-Out will be rejected, the Settlement Class Member will be treated as if he or she is still a member of the Settlement Class, and the Claim Form will be treated as valid and processed. 6.3 The Settlement Claims Administrator shall maintain a list of persons who have sent Requests to Opt Out excluded themselves and shall provide such list to Walmart’s Counsel and Settlement Class Counsel the Parties upon request. The Settlement Claims Administrator shall retain the originals of all Requests to Opt Opt-Out (including the envelopes with the postmarks) received from Settlement Class Members Members, and shall provide make copies of all Requests or the originals available to Opt Out to Walmart’s Counsel and Settlement Defendant or Class Counsel within three (3) business days of receipt. Walmart retains the right to assert any and all defenses to the claims of persons who opt out from this Settlement. If required by the Court, Settlement Class Counsel shall file the Requests to Opt Out with the Court in advance of or in conjunction with the motion for final approval of the Settlement (or at another date set by the District Court), with any sensitive personal information redactedupon request.

Opt-Out Process. 8.1 A (i) Members of the Settlement Class may opt out of the Settlement pursuant to this subsection or may object to the Settlement pursuant to subsection (e) below, but may not do both. Any member of the Settlement Class who submits a timely Exclusion Request 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, and Named Plaintiffs and Class Counsel warrant and represent that they shall not encourage, counsel, or represent others to opt out of the Settlement. (iii) Members of the Settlement Class (with the exception of the Named Plaintiffs) may choose to opt out of the Settlement by following the directions in the Notice(s). Those who wish to exclude themselves from the Settlement must submit timely, written requests for exclusion. To be effective, such request must include the Settlement Class Member’s name, address, and telephone number; a clear and unequivocal statement that the Settlement Class Member who wishes to exclude herself or himself from this Settlement and from the release of claims pursuant to this Settlement shall submit a timely and valid Request to Opt Out. To be timely, the Parties will propose to the District Court that the Request to Opt Out must be filed with the Settlement Administrator within forty-five (45) days after the Notice Date. To be valid, the Request to Opt Out shall (1) contain the words “I wish to be excluded from the Settlement Class and that the Settlement Class Member understands that he or she is still bound by the release of the PAGA Claims upon Final Approval of the Settlement and Final Judgment; and the signature of the Settlement Class Member or the legally authorized representative of the Settlement Class Member (although Exclusion Requests sent by a single legally authorized representative attempting to opt out of the Settlement on behalf of multiple Settlement Class Members simultaneously are not valid). The request must be postmarked no later than thirty (30) calendar days after the date the applicable Notice is mailed to the Settlement Class or, in ▇▇▇▇▇ the case of a re-mailed Notice, not more than twenty-one (21) calendar days after the date the applicable Notice is re-mailed pursuant to Section III(8)(c)(iv) after having been returned undeliverable to the Settlement Administrator, whichever is later (the “Response Deadline”). Notices that are re-mailed to Settlement Class Members pursuant to Section III(8)(c)(iv) shall be accompanied by a short cover letter from the Settlement Administrator informing the recipient of the adjusted deadline to submit an Exclusion Request. The date of the postmark on an Exclusion Request shall be the exclusive means used to determine whether an Exclusion Request has been timely submitted. Exclusion Requests 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. Exclusion Requests must be exercised individually by the Settlement Class Member, not as or on behalf of a group, class, or subclass, except that such individual exclusion requests may be submitted by a legally authorized representative of any Settlement Class Member. (iv) The Settlement Administrator, in its sole discretion, shall determine whether an Exclusion Request was timely submitted or properly made. The Settlement Administrator’s decision shall be final and binding. (v) The Settlement 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 Settlement 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 still be bound by the settlement and release of the PAGA Claims or remedies under the Final Judgment pursuant to ▇▇▇▇▇ v. Walmart” Superior Court, 46 Cal. 4th 969 (2009). Requests for Exclusion do not apply to the PAGA Claims. Opt-Outs will not otherwise participate in the Settlement or similar language; be bound by its terms, except as provided by law (2e.g., ▇▇▇▇▇, 46 Cal. 4th 969), will not be bound by the Court’s final judgment approving a proposed Settlement, except as provided by law (e.g., id.), will not be a Settlement Class Member, and will receive no part of the Net Settlement Fund or the Global Settlement Fund. (viii) contain If more than one hundred (100) members of the Settlement Class submit valid and timely requests to opt out of the Settlement Class, Lyft has the sole and absolute discretion to rescind and revoke this entire Agreement, thereby rendering the settlement null and void in its entirety, by sending written notice that it revokes the Settlement pursuant to this Section to Class Counsel with ten (10) business days following receipt of the Settlement Administrator’s opt-out list. (ix) Every member of the Settlement Class who does not validly and timely opt out shall be deemed a “Settlement Class Member’s name ”, shall be bound by this Agreement and other information shall have all their claims released as provided for herein, even if they never received actual notice of the ▇▇▇▇▇▇ or ▇▇▇▇▇ Actions or this proposed Settlement. (x) By signing this agreement, the Named Plaintiffs each individually waive their respective rights to confirm employment at Walmart and other requirements for membership in opt out of the Settlement Class and (3) any such Exclusion Request will be signed void and datedof no force and effect. 8.2 A Settlement Class Member who submits a timely Request to Opt Out is not eligible to recover a share of the Net Settlement Amount. The Settlement Administrator shall maintain a list of persons who have sent Requests to Opt Out and shall provide such list to Walmart’s Counsel and Settlement Class Counsel upon request. The Settlement Administrator shall retain the originals of all Requests to Opt Out (including the envelopes with the postmarks) received from Settlement Class Members and shall provide copies of all Requests to Opt Out to Walmart’s Counsel and Settlement Class Counsel within three (3) business days of receipt. Walmart retains the right to assert any and all defenses to the claims of persons who opt out from this Settlement. If required by the Court, Settlement Class Counsel shall file the Requests to Opt Out with the Court in advance of or in conjunction with the motion for final approval of the Settlement (or at another date set by the District Court), with any sensitive personal information redacted.

Opt-Out Process. 8.1 1. A Settlement Class Member who wishes to exclude himself or herself or himself from this Settlement Settlement, and from the release of claims Release pursuant to this Settlement Settlement, shall submit a timely and valid written Opt-Out Request to Opt Outthe Claims Administrator at the address designated in the Notice no later than the Claim Filing Deadline. To Opt-Out Requests must: (i) be timely, timely submitted by the Parties will propose to Claim Filing Deadline; (ii) be signed by the District Court that the Request to Opt Out must be filed with person in the Settlement Administrator within forty-five (45) days after the Notice Date. To be valid, the Request to Opt Out shall (1) contain the words “I wish Class who is requesting to be excluded from the Settlement Class; (iii) include the full name and address of the person in the Settlement Class requesting exclusion; (iv) include the mobile telephone number on which the person seeking exclusion believes they received the call or calls associated with the request for exclusion; and (v) include the following statement: “I request to be excluded from the settlement in the ▇▇▇▇▇▇ ▇▇▇▇▇ v. WalmartTCPA action, and to waive all rights to the benefits of the settlement.” or similar language; (2) contain No request for exclusion will be valid unless all of the information described above is included, but the exclusion will still be valid even if the telephone number provided does not match the class records of the number called, so long as the other identifying information provided in the Opt- Out Request matches the class records. No person in the Settlement Class Member’s name and Class, or any person acting on behalf of or in concert or participation with that person in the Settlement Class, may exclude any other information to confirm employment at Walmart and other requirements for membership person in the Settlement Class and (3) be signed and datedfrom the Settlement Class. 8.2 A 2. The Claims Administrator may invalidate mass-generated opt outs upon application to the Court by the Parties and subsequent approval by the Court. 3. Settlement Class Member who submits Members may not submit both an Opt-Out Request and receive a timely Request to Opt Out is not eligible to recover a share of the Net Settlement Amountsettlement award. 4. The Settlement Claims Administrator shall maintain a list of persons who have sent submitted Opt-Out Requests to Opt Out and shall provide such list to Walmart’s Counsel and Settlement Class Counsel upon requestthe Parties at the end of the Opt-Out period. 5. The Settlement Administrator shall retain the originals of all Requests to Opt Out (including the envelopes with the postmarks) received from All Settlement Class Members will be bound by all determinations and shall provide copies judgments in the Action. In the event that the number of all Requests to Opt Out to Walmart’s Counsel and persons in the Settlement Class Counsel within three who validly and timely submit Opt-Out Requests exceeds ten percent (310%) business days of receipt. Walmart retains the right to assert any and all defenses to the claims of persons who opt out from this Settlement. If required by the Court, Settlement Class Counsel shall file the Requests to Opt Out with the Court in advance of or in conjunction with the motion for final approval of the Settlement (or at another date set by the District Court)class, with any sensitive personal information redactedDefendants, in their sole and absolute discretion, may terminate this Agreement.