Common use of Opt Out Clause in Contracts

Opt Out. Any Class Member, other than any Class Representative, may elect to be excluded from the Settlement and their respective Settlement Class by opting out. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out on or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded from the Settlement Class and Settlement in the Viridian Action.” No Opt- Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out of a Settlement Class and Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. Any The Full Notice shall provide a procedure whereby Settlement Class Member, other than any Class Representative, Members may elect to be excluded exclude themselves from the Settlement and their respective Settlement Class by opting outmailing a Request for Exclusion by the Opt-Out Deadline. Any Settlement Class Member who desires does not validly and timely submit a Request for Exclusion before the Opt-Out Deadline shall be deemed a Settlement Class Member and shall be bound by the terms of this Agreement and all subsequent proceedings, orders, and judgments. To be valid, the Request for Exclusion must: (a) identify the case name; (b) identify the name and address of the Settlement Class Member; (c) identify the telephone number of the Settlement Class Member at which the message(s) at issue were received; (d) be personally signed by the Settlement Class Member requesting exclusion; and (e) contain a statement that indicates a desire to be excluded from the Settlement Class must give written notice of the election to opt out on or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full nameLitigation, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: such as “I/We I hereby request to that I be excluded from the proposed Settlement Class in Xxxx v. ADF Midatlantic, LLC, et al, Case No. 9:12-cv-80577-KAM.” Class, mass and group Requests for Exclusion are prohibited. Any Settlement Class Member who does not opt out of the Settlement in the Viridian Action.” No Opt- Out request will manner described herein shall be valid unless all deemed to be part of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no shall be bound by all subsequent proceedings, orders, and judgments. A Settlement Class Member shall be deemed opted-who desires to opt out of a must take timely affirmative written action pursuant to this Agreement, even if the Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members Member desiring to opt out of a the Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out of (a) files or has filed a Settlement Class and Settlement will not be bound by the terms of this Agreement, including separate action against any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes Releasees, or (b) is, or becomes, a putative class member in the aggregate opt out any other class action filed against any of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.Releasees

Opt Out. Any potential Class Member, other than any Class Representative, may elect to be excluded from the this Settlement and their respective from the Settlement Class by opting outOpting-Out of the Settlement Class. Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out Opt-Out on or before the date specified in the Preliminary Approval Order Order, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for NAPG. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded Opt-Out from the Settlement Class and Settlement settlement in the Viridian NAPG Action.” No Opt- Opt-Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a the Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out Opt-Out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Opt- Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out Opt- Out of a Settlement Class and the Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the SettlementClass Opts-Out, Viridian NAPG shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation parties will return to the status quo ante as described in Section 16.12 of this AgreementIII. The Class Representatives affirmatively support this Settlement and agree not to Opt- Out of this Settlement. None of the Class Representatives, Class Counsel, or Viridian NAPG, or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. Any The Class Member, other than any Class Representative, may elect to be excluded from the Settlement and their respective Notice shall provide a procedure whereby Settlement Class by opting Members may exclude themselves, or “opt out. Any Class Member who desires to be excluded ,” from the Settlement Class must give written notice of the election to opt out on by mailing a request for exclusion. On or before the date specified in the Preliminary Approval Order mailed to the Settlement Administrator. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded from the Settlement Class and Settlement in the Viridian Action.” No Opt- Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in established by the Preliminary Approval Order. Court, but no more than sixty (60) days after the mailing date of the initial Notice, each Settlement Class Members Member who timely elects to opt out of the settlement must send, by first-class U.S. mail, written notice addressed to the Settlement Administrator indicating his or her name and address and stating that he or she desires to opt-out of the settlement or otherwise does not want to participate in the settlement. Any Settlement Class Member who does not validly and timely (as measured by the postmark date on that individual’s written request) request exclusion shall be a Settlement Class Member and Settlement will not shall be bound by the terms of this Agreement, including Agreement and by any releases contained herein, nor will they be entitled to receive any benefits from orders of the SettlementCourt regarding the Settlement or the Settlement Class. In no event shall Settlement Class Members who purport to opt-out of the event that ten settlement as a group, aggregate, collective, or class involving more than one Settlement Class Member be considered a successful opt-out. If more than five percent (105%) or more of the members of both potential Settlement Classes in the aggregate Class Members validly and timely opt out of the class, CPC may in its sole discretion exercise its right to void the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement case this Agreement will become null be vacated, rescinded, cancelled and void annulled, and the Parties and status of the Action and the other actions in the Litigation parties will return to the status quo ante as described in Section 16.12 of if they had not entered into this Agreement. The Class Representatives affirmatively support this In that event, the remainder of the Settlement and agree not to Opt- Out Amount, net of this Settlement. None actual costs incurred for distribution of the Class RepresentativesNotice, Class Counselshall revert back to CPC, or Viridian or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlementand evidence of the settlement, negotiations, and related proceedings will be inadmissible and will not be discoverable.

Opt Out. Any Class Member, other than any Class Representative, may elect to be excluded from the this Settlement and their respective from the Settlement Class by opting outOpting-Out of the Settlement Class. Any Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out Opt-Out on or before the date specified in the Preliminary Approval Order Approving Class Notice of Settlement, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Allstate. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to be excluded Opt- Out from the Settlement Class and Settlement settlement in the Viridian Xxxxxxxxx v. Allstate Action.” No Opt- Opt-Out request will be valid unless all of the information described above is included. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a the Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out Opt-Out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval OrderOrder Approving Class Notice of Settlement. Class Members who timely opt out Opt-Out of a Settlement Class and the Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more of the members of both Settlement Classes in the aggregate opt out of the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante as described in Section 16.12 of this Agreement. The Class Representatives Representative affirmatively support supports this Settlement and agree agrees not to Opt- Out of this Settlement. None of the Class RepresentativesRepresentative, Class Counsel, or Viridian Allstate, or its counsel shall in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.

Opt Out. Any potential Class Member, other than any Class Representative, may elect to be excluded from the this Settlement and their respective from the Settlement Class by opting outOpting-Out of the Settlement Class. Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to opt out Opt-Out on or before the date specified in the Preliminary Approval Order Order, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Greenlight. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include a statement substantially in the following statementform unequivocally stating an intention to opt- out of the settlement: “I/We request to be excluded Opt-Out from the Settlement Class and Settlement settlement in the Viridian Greenlight Action.” No Opt- Opt-Out request will be valid unless all of the information described above is includedincluded along with an unequivocal statement that the Class Member wishes to opt-out of the Settlement. No Class Member, or any person acting on behalf of or in concert or participation with that Class Member, may exclude any other Class Member from a the Settlement Class, and no Class Member shall be deemed opted-out of a Settlement Class through any purported “mass” or “class” opt-outs. So-called “mass” or “class” opt-outs shall not be allowed and shall be deemed invalid. The last date for Class Members to opt out Opt-Out of a Settlement Class and the Settlement will, subject to Court approval, be on the Opt-Out Deadline contained in the Preliminary Approval Order. Class Members who timely opt out Opt-Out of a Settlement Class and the Settlement will not be bound by the terms of this Agreement, including any releases contained herein, nor will they be entitled to receive any benefits from the Settlement. In the event that ten percent (10%) or more The mere receipt of the members of both Settlement Classes in Class Notice or Opt-Out request shall not be deemed an admission by the aggregate opt out of Settling Party that the Settlement, Viridian shall have the option to elect to terminate this entire Agreement, in which circumstance the Settlement will become null and void and the Parties and status of the Action and the other actions in the Litigation will return to the status quo ante recipient thereof qualifies as described in Section 16.12 of this Agreementa Class Member. The Class Representatives Representative affirmatively support supports this Settlement and agree agrees not to Opt- Out opt out of this Settlement. None of Neither the Class RepresentativesRepresentative, Class Counsel, or Viridian or the Settling Party, nor its counsel shall will in any way encourage any Class Member to opt out or discourage any Class Member from participating in this Settlement.