Common use of Opt-Outs Clause in Contracts

Opt-Outs. Class Members who Opt-out of the Settlement. (A) Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s time to opt-out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline. (C) The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (D) Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this Agreement.

Opt-Outs. ‌ 9.2.1 The Settlement Class Members who Opt-out Notice will provide instructions regarding the procedures that must be followed to Opt Out of the Settlement. (A) Settlement Class Members who elect pursuant to opt-out Fla. R. Civ. P. 1.220(d)(2). Class Counsel shall provide copies of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement all requests to Opt Out to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s time to opt-out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline. (C) The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator will, Settling Parties within twenty-four (24) hours after receipt of each such request. Valid requests to Opt Out from the Settlement Class will become effective on the Final Approval Date. If a question is raised about the authenticity of a request to Opt Out, the Settlement Administrator, Class Counsel, or any Settling Party will have the right to demand additional proof of the end individual’s identity and intent. Anyone who has submitted a valid request to Opt Out may not file an objection. 9.2.2 All Settlement Class Members who do not timely and properly Opt Out from the Settlement Class will in all respects be bound by all terms of this Settlement Agreement and the Final Order and Judgment upon the Effective Date, will be entitled to all procedural opportunities and protections described in this Settlement Agreement and provided by the Court, and to all compensation and benefits for which they qualify under its terms, and will be barred permanently and forever from commencing, filing, initiating, prosecuting, asserting, and/or maintaining any and all Released Claims against any Released Parties in any court of law or equity, arbitration tribunal, or administrative or other forum. 9.2.3 Settlement Class Members shall have fourteen (14) days following the date of the OptSettlement Class Notice to Opt Out of the Settlement. The Settling Parties and Class Counsel will certify to the Court the date that Settlement Class Notice is issued. 9.2.4 The Parties agree that, to Opt Out validly from the Settlement Class, a Settlement Class Member must submit a written request, via electronic mail and United States mail, to Opt Out stating “I am a member of the Settlement Class and I wish to exclude myself from the Settlement Class in In Re: Champlain Towers South Collapse Litigation, Case No. 2021-out Period15089 CA 01” to the Claims Administrators on or before the fourteen (14) day deadline set forth herein. That written request also will contain the Settlement Class Member’s printed name, send address, telephone number, and date of birth and enclose a final list copy of all Opt-out Statements his or her driver’s license or other government issued identification. A written request to Opt Out may not be signed using any form of electronic signature but must contain the dated Personal Signature of the Settlement Class Member seeking to exclude himself, herself, or itself from the Settlement Class. Attorneys for Settlement Class Members may submit a written request to Opt Out on behalf of a Settlement Class Member, but such request must contain the Personal Signature of the Settlement Class Member. 9.2.5 Prior to the Final Approval Date, any Settlement Class Member, including a Representative Claimant or Derivative Claimant, may seek to revoke his, her, its, or their Opt Out from the Settlement Class by submitting a written request to Class Counsel and Defendants’ Counsel by both email the Settling Parties stating “I wish to revoke my request to be excluded from the Settlement Class” and overnight deliveryalso containing the Settlement Class Member’s printed name, address, telephone number, and date of birth and enclose a copy of his or her driver’s license or other government issued identification. The Settlement Claims Administrator shall retain written request to revoke an Opt Out must contain the stamped originals Personal Signature of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of Class Member seeking to revoke his, her, or its duties and responsibilities under this AgreementOpt Out. 9.2.6 The Fairness Hearing shall not occur any earlier than seven (D7) Any Class Member who does not timely submit an Opt-out Statement pursuant days after the deadline to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this AgreementOpt Out.

Opt-Outs. Class Members who Opt-out Any member of the Settlement. (A) Class Members who Settlement Class, other than the Named Plaintiff, may elect to opt-out of the settlement as set forth in be excluded from this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to Settlement and from the Settlement Claims Administrator that states he or she is Class by timely and properly opting out of the settlement Settlement Class. Any member of the Settlement Class who desires to be excluded from the Settlement Class must give to the Settlement Administrator on or before the date specified in the Settlement Notice written notice of his election to be excluded, including the requestor’s full name and current address and signed by the requestor. The last date to opt out of the Settlement Class will be seventy-five (75) days after the Preliminary Approval Date, subject to Court approval and inclusion in the Settlement Notice (“Opt-out StatementOut Deadline”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number Any member of the Settlement Class Member, who timely and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s time to opt-properly opts out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline. (C) The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (D) Any Class Member who does not timely submit an Opt-out Statement pursuant to the terms of this Agreement will not be deemed to have accepted the settlement and bound by the terms of this Agreement, will be bound by including any releases contained herein. Named Plaintiff agrees not to opt out of this Settlement, but rather affirmatively to support entry of the Final Approval Order. None of the Named Plaintiff, and will have Class Counsel, Defendant, or Defendant’s counsel shall in any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by way encourage any member of the Settlement Claims Administrator by Class to opt out or discourage any member of the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Settlement Class Member who does not submit a timely Claim Form as set forth from participating in this AgreementSettlement. No later than fourteen (14) days after the Opt-Out Deadline, the Settlement Administrator shall provide Class Counsel and Defendant’s Counsel with the percentage of the Settlement Class that has opted out of this Agreement (the “Opt-Out Percentage”). If fifteen (15) percent or more of the Settlement Class exercise the right to opt out of the Settlement Class, Defendant shall, in its sole discretion, have the right to rescind this Settlement Agreement by written notice to Class Counsel within ten (10) business days after receiving the Opt-Out Percentage from the Settlement Administrator.

Opt-Outs. Class Members who Opt-out of the Settlement. (A) Class Members Members, other than Named Plaintiffs, who elect choose to opt-out of the settlement as set forth in this Agreement must mail, mail via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement settlement, and include his or her name, address, and telephone numbers and statement clearly indicating his or her intention to opt-out such as: “I opt out of the Montclair Golf Club wage-and hour-settlement” or words to that effect (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. . (B) To be effective, an Opt-out Statement must be postmarked post-marked or received by the United States Postal Service on or before Administrator within sixty (60) days after the initial mailing of Notice Response Deadline. (B) A Class Member’s to the Class. The end of the time period to opt-out of the settlement (“Opt-out Period”) shall expire following be sixty (60) days after the initial mailing of Notice Response Deadlineto the Class. (C) The Settlement Claims Administrator shall will stamp the received postmark date on the original of each Opt-out Statement that it receives and send shall serve copies of each Opt-out Statement to on Class Counsel and Defendants’ Defense Counsel not later than three (3) days after receiptreceipt thereof. The Settlement Claims Administrator shall also file with retain in its files the Clerk stamped originals of all Opt- Out Statements and the Court stamped copies of any original envelopes containing Opt-out Statements not later than three Out Statements (3D) days after receipt. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, will send a final list of all Opt-out Statements to Class Counsel and Defendants’ Defense Counsel by both email and overnight deliveryno later than fourteen (14) days after the Opt-out Period. The Settlement Claims Administrator shall will retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is formally relieved of its duties and responsibilities under this Agreement. (DE) Any Class Member who does not submit a timely submit an and sufficient Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Ordersettlement in this case, and will have any Released Class all State Law Claims released and dismissed with prejudicedismissed. Only those Named Plaintiffs and any Class Members who timely complete and return a Claim Form postmarked endorse or received by the Settlement Claims Administrator by the Notice Response Deadline cash their settlement check(s) will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this Agreementalso release their FLSA Claims.

Opt-Outs. Class Members who Opt-out Any member of the Settlement. (A) Class Members who Settlement Class, other than the Named Plaintiff, may elect to opt-out of the settlement as set forth in be excluded from this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to Settlement and from the Settlement Claims Administrator that states he or she is Class by timely and properly opting out of the settlement Settlement Class. Any member of the Settlement Class who desires to be excluded from the Settlement Class must give to the Settlement Administrator on or before the date specified in the Settlement Notice written notice of his election to be excluded,. Any notice of exclusion shall include the following from the member of the Settlement Class seeking to be excluded: (a) full name, (b) phone number, (c) current address, (d) address(es) at which the person received service under the Defendants’ Variable Rate Electricity Plan, (e) a statement that the person wishes to be excluded from the settlement, and (f) the signature of the person who wishes to be excluded from the settlement. The last date to opt out of the Settlement Class will be seventy-five (75) days after the Preliminary Approval Date, subject to Court approval and inclusion in the Settlement Notice (“Opt-out StatementOut Deadline”). In order Any member of the Settlement Class who timely and properly opts out of the Settlement Class pursuant to the terms of this Agreement will not be validbound by the terms of this Agreement, including any releases contained herein. Named Plaintiff agrees not to opt out of this Settlement, but rather affirmatively to support entry of the Final Approval Order. None of the Named Plaintiff, Class Counsel, Defendants, or Defendants’ counsel shall in any way encourage any member of the Settlement Class to opt out or discourage any member of the Settlement Class from participating in this Settlement. No later than fourteen (14) days after the Opt-out Statement must include Out Deadline, the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s time to opt-out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline. (C) The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to provide Class Counsel and Defendants’ Counsel not later than three with the percentage of the Settlement Class that has opted out of this Agreement (3the “Opt-Out Percentage”). If fifteen (15) percent or more of the Settlement Class exercise the right to opt out of the Settlement Class, Defendants shall, in their sole discretion, have the right to rescind this Settlement Agreement by written notice to Class Counsel within ten (10) business days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of receiving the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as Out Percentage from the Settlement Claims Administrator is relieved of its duties and responsibilities under this AgreementAdministrator. (D) Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this Agreement.

Opt-Outs. Class Members who Who Opt-out of the Settlement. (A) A. Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-outout such as: “I opt out of the North Hempstead Country Club wage and hour class settlement.” (“Opt-out Statement”). To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s B. The time period to opt-out of the settlement (“Opt-out Period”) shall expire following be on or before the Notice Response Deadline. (C) C. The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator willshall, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under in connection with this Agreement. (D) D. Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response response Deadline will be deemed an Authorized ClaimantClaimants. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member Members who does do not submit a timely Claim Form as set forth in this Agreement.

Opt-Outs. 1. Class Members who Opt-shall have thirty (30) days from the mailing date on the Notice to file an Election to Opt Out of Settlement and Class Action. Exceptions will be made only for individuals who, because of a change in address, did not receive a Notice in the first mailing. In that event they will have 14 days from actual receipt or up to 15 days before the Final Approval Hearing, whichever comes first. 2. To effectively opt out of the Settlement. (A) settlement, thereby excluding themselves from the Lawsuit, the settlement, and the Class, Class Members who elect must timely mail a letter to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is Counsel opting out of the settlement (“Opt-out Statement”)case, as described in the Notice. In order to be valid, the Opt-out Statement must include the name, address, If a fully completed and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked properly executed Opt Out Letter is not received by the United States Postal Service Court or Class Counsel from a Class Member postmarked on or before thirty (30) days after the Notice Response Deadline. (B) A Class Member’s time to opt-out of the settlement (“Opt-out Period”) shall expire following the Notice Response Deadline. (C) The Settlement Claims Administrator shall stamp the received mailing date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator willNotice, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (D) Any then that Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted forever waived his or her right to opt out of the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudiceClass. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants submit Opt Out Letters shall have no obligation to pay or fund any amounts allocated further role in the Lawsuit, and for all purposes, except with respect to any applicable tolling of the statute of limitations of their claims, they shall be regarded as if they never were either a party to the Lawsuit or a Class Member, and thus they shall not be entitled to any benefit as a result of the Lawsuit, this settlement or this Agreement, nor will they have released by operation of this Agreement any claims they may have against the Releasees. Class members who opt out shall have 30 days from the date of the Court’s order granting Final Approval of the settlement to file a new lawsuit without losing the benefit of the statute of limitations tolled by this Lawsuit. 3. All Class Member communications concerning the Settlement or Notice should be directed to Class Counsel. 4. Class Counsel shall provide to FXG on a biweekly basis a full and complete list of the names of all Class Members who does not submit a timely Claim Form as set forth in this Agreementhave submitted opt out letters.

Opt-Outs. Unless determined otherwise by the Court, any Class Members Member who does not submit an Opt-out Statement pursuant to this Agreement, will be deemed to have accepted the settlement and the terms of this Agreement, be bound by the SettlementFinal Approval Order in this case, and have all Released Class Claims as defined above released and dismissed with prejudice. (A) Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response Deadline. (B) A Class Member’s time The last day to opt-out of the settlement (“Opt-out Period”) shall expire be the Bar Date. (B) Class Members who choose to opt-out of the settlement as set forth in this Agreement must submit a written, signed statement that includes his or her name, address, and telephone number to the Settlement Claims Administrator via First Class United States Mail, email, or facsimile. The written, signed statement must clearly indicate his or her intention to opt-out, such as through use of the following examples: “I opt out of the Notice Response Deadline▇▇▇▇▇▇▇▇ litigation settlement, “ or “I opt out of the Edison and Preferred home health care benefits settlement.” (“Opt-out Statement”). The Settlement Claims Administrator shall, in consultation with Class Counsel, determine whether an Opt-out Statement properly expresses an intent to opt out of the settlement. To be effective, an Opt-out Statement must be post-marked, faxed, or emailed on or before the Bar Date. (C) Defendants may terminate this Agreement solely upon written notice to the Class Counsel and Settlement Claims Administrator if more than seven and one-half percent (7.5%) of the total Class Members timely opt out of settlement participation. (D) The Settlement Claims Administrator shall will stamp the received date on the original of each Opt-out Statement that it receives and send shall serve copies of each Opt-out Statement to on Class Counsel and Defendants’ Defense Counsel not no later than three (3) days after receipt, with all address and social security numbers redacted from them. The Settlement Claims Administrator This obligation shall also file with be on-going, regardless of whether the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receiptStatement is timely or not. The Settlement Claims Administrator will, within twenty-four (24) 24 hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (D) Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Order, and will have any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this Agreement.Class

Opt-Outs. Class Members who Who Opt-out of the Settlement. (A) 2.4.1. Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be signed by the Class Member and postmarked by the United States Postal Service or submitted via the Settlement Website on or before the Notice Response Deadline. (B) A Class Member’s 2.4.2. The time period to opt-out of the settlement (“Opt-out Period”) shall expire following be on or before the Notice Response Deadline. (C) 2.4.3. The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Defendant’s Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receipt. The Settlement Claims Administrator willshall, within twenty-four (24) hours of the end of the Optopt-out Periodperiod, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Defendant’s Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under in connection with this Agreement. (D) 2.4.4. Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Final Approval Order, and will have any and all Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline will be deemed an Authorized Claimant. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member who does not submit a timely Claim Form as set forth in this Agreement.

Opt-Outs. Class Members who Opt-out of the Settlement. (A) A. Class Members who elect to opt-out of the settlement as set forth in this Agreement must mail, via First Class United States Mail, postage prepaid, a written, signed statement to the Settlement Claims Administrator that states he or she is opting out of the settlement (“Opt-out Statement”). In order to be valid, the Opt-out Statement must include the name, address, and telephone number of the Class Member, and a statement indicating his or her intention to affirmatively opt-out. To be effective, an Opt-out Statement must be postmarked by the United States Postal Service on or before the Notice Response DeadlineBar Date. (B) A Class Member’s B. The time period to opt-out of the settlement (“Opt-out Period”) shall expire following be on or before the Notice Response DeadlineBar Date. (C) C. The Settlement Claims Administrator shall stamp the received date on the original of each Opt-out Statement and send copies of each Opt-out Statement to Class Counsel and Defendants’ Counsel not later than three (3) days after receipt. The Settlement Claims Administrator shall also file with the Clerk of the Court stamped copies of any Opt-out Statements not later than three (3) days after receiptprior to the Fairness Hearing. The Settlement Claims Administrator will, within twenty-four (24) hours of the end of the Opt-out Period, send a final list of all Opt-out Statements to Class Counsel and Defendants’ Counsel by both email and overnight delivery. The Settlement Claims Administrator shall retain the stamped originals of all Opt-out Statements and originals of all envelopes accompanying Opt-out Statements in its files until such time as the Settlement Claims Administrator is relieved of its duties and responsibilities under this Agreement. (D) D. Any Class Member who does not timely submit an Opt-out Statement pursuant to this Agreement will be deemed to have accepted the settlement and the terms of this Agreement, will be bound by the Approval Final Order, and will have released any Released Class Claims released and dismissed with prejudice. Only those Class Members who timely complete and return a Claim Form postmarked or received by the Settlement Claims Administrator by the Notice Response Deadline Bar Date will be deemed an Authorized ClaimantClaimants. Defendants shall have no obligation to pay or fund any amounts allocated to any Class Member Members who does do not timely submit a timely Claim Form as set forth in this Agreement. E. For purposes of this Agreement, the Named Plaintiffs are deemed to be Authorized Class Claimants, and are not required to file a Claim Form.