Opting Out Clause Samples

Opting Out. An Employee who has accepted maintenance work and no longer wishes to continue in this role must provide three (3) months written notice to the Employer, at the end of which the work will be reassigned in accordance with the process set out in Article 6.8 1) above.

Opting Out. 10.1 Any Class Member who wishes to be excluded from the Class must mail a written request for exclusion, using the Opt-Out Form, which shall be available on the settlement website and attached to the Long-Form Pre-Approval Notice, to the Settlement Notice and Claims Administrator at the address provided in the Long-Form Pre-Approval Notice, postmarked on or before a date ordered by the Court specifying that he or she wants to be excluded and otherwise complying with the terms stated in the Long-Form Pre-Approval Notice and Pre-Approval Order. 10.2 Quebec Class Members who want to opt out must do so by giving notice to the Clerk of the Superior Court of Quebec by the Opt-Out Deadline and in the manner prescribed by the Code of Civil Procedure of Quebec, as well as complete the Opt-Out Form and mail it to the Settlement Notice and Claims Administrator by the Opt-Out Deadline. 10.3 The Settlement Notice and Claims Administrator shall promptly forward copies of any written requests for exclusion to Class Counsel and Toyota’s Counsel and deliver all documents related to such Opt Outs to Counsel for the Parties upon receipt. A list reflecting all requests for exclusion shall be filed with the Court by Class Counsel no later than 20 days before the Approval Hearings. If a potential Class Member files a request for exclusion, he or she may not file a comment under Section 11. 10.4 Any Class Member who does not file a timely written request for exclusion as provided herein is bound by all subsequent proceedings, orders and judgments, including, but not limited to, the Release, Final Judgments, and Final Orders in the Actions, even if he, she or it has litigation pending or subsequently initiates litigation against Toyota relating to the claims and transactions released in the Actions, however, with respect to Quebec Class Members, this paragraph is subject to article 580 of the Code of Civil Procedure of Quebec. Toyota’s Counsel shall provide to the Settlement Notice and Claims Administrator, within 20 business days of the entry of the Pre-Approval Notice Order, a list of all counsel for anyone who has then- pending litigation against Toyota relating to claims involving the Subject Vehicles and/or otherwise covered by the Release.

Opting Out. You may opt-out of the obligation in Section 7.1 with respect to each Upwork Relationship only if the Client or prospective Client or Freelancer pays Upwork an opt-out fee for each such relationship (the “Opt-Out Fee”). The Opt-Out Fee is computed as follows (a) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, on the amount calculated in (b), from the date Client first makes payment to the subject Freelancer until the date the Opt-Out Fee is paid; and (b) the greater of: (i) $3,500; or (ii) 25% of the anticipated annualized salary or wages for one year if the Client offers Freelancer employment directly; or (iii) all Service Fees that would be earned by Upwork from the Upwork Relationship during the Non- Circumvention Period, computed based on the annualized amount earned by Freelancer from Client during the most recent normalized 8-week period, or during such shorter period as data is available to Upwork; (iv) provided, however, that if the amount in (ii) and (iii) cannot be ascertained due to uncertainty or lack of sufficient information, then Upwork and you agree that fee shall be $3,500; if only one of (ii) or (iii) can be ascertained, then Upwork and you agree that amount shall be used if it is greater than $3,500. To pay the Opt-Out Fee, you must request instructions by sending an email message to ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. If Upwork determines, in its sole discretion, that you have violated Section 7, Upwork or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Opt-Out Fee (including interest) if permitted by law or send you an invoice for the Opt-Out Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

Opting Out. You may opt out of the obligations in Section 7.1 with respect to each Upwork Relationship only if the Client or Freelancer pays Upwork a Conversion Fee which is a minimum of $1,000 USD and up to $50,000 USD for each Upwork Relationship. You agree that the Conversion Fee is 12% of the estimated earnings over a twelve (12) month period, which is calculated by taking the Hourly Rate (defined below) and multiplying it by 2,080. “Hourly Rate” means the highest of (a) the highest hourly rate charged by the Freelancer on any Service Contract, if any; (b) the highest hourly rate proposed by the Freelancer in any proposal, if any; or (c) the hourly rate in the Freelancer’s profile. The Conversion Fee may be calculated differently for Upwork Relationships when the Client is an Enterprise Client if the Enterprise Client contract with Upwork provides for different terms. To inquire about or pay the Conversion Fee, send an email message to ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. You understand and agree that if Upwork determines, in its sole discretion, that you have violated Section 7, Upwork or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Conversion Fee (including interest) if permitted by law or send you an invoice for the Conversion Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

Opting Out. You can opt out of receiving text messages at any time by replying "STOP" to any message we send. Once you opt out, you will no longer receive any text messages. However, if you wish to opt back in, simply reply "START" to our number. For help, reply "HELP."

Opting Out. If you do not want the requirement to arbitrate a Claim to apply to you, you may opt out of such mandatory arbitration by sending us written notice of your decision within thirty (30) days of the opening of your Account. Such notice must clearly state that you wish to cancel or opt out of the mandatory arbitration requirement of this Agreement. It should include your name, address, Account number, and your signature and must be mailed to: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ #610, San Francisco, CA, 94107. If you opt out of arbitration, this Arbitration provision will not apply to you, excluding the provision captioned “No Class Action or Jury Trial,” which will continue to apply to you to the greatest extent permitted by law.

Opting Out. An employee can elect to opt out of all coverage, Prescription, Dental or Vision. (An employee cannot elect Prescription coverage without Hospitalization, but can elect Hospitalization without Prescription.) Any employee eligible for health insurance paid for by the Board of Education who elects not to enroll and/or participate in the hospitalization and prescription program will be paid a cash bonus of $500.00 per year. Each employee electing the cash bonus plan must declare his/her intent not to participate and remain off the plan for one full year from September 1 through August 31. The cash payment will be made with the second payroll in September each year for the prior year. To be eligible for payment, the employee must provide proof of coverage elsewhere. (This payment does not apply to spouses who work within the District). If an eligible employee elects to opt out one year, he/she may rejoin the group insurance coverage in accordance with open enrollment provisions in the employee benefit plan. Advanced written notice must be provided to the Treasurer. Also, any eligible employee who elects to opt out but later loses coverage under another plan will be eligible to apply for enrollment in the district’s insurance plans in accordance with the special enrollment provisions in the employee benefit plan (the cash bonus will not be paid). In the event that the law imposes a penalty that adversely effects the district resulting in no significant savings, the CLASS and the Board agree to open the contract to address Article XV Group Health and Life Insurance Opting out section.

Opting Out. You may opt-out of receiving text messages at any time by replying "STOP" to any of our messages. After opting out, you will no longer receive marketing messages, but you may still receive essential service-related communications (e.g., appointment reminders or account updates) if applicable. For assistance, reply "HELP."

Opting Out. If you do not want the requirement to arbitrate a Claim to apply to you, you may opt out of such mandatory arbitration by sending us written notice of your decision within thirty