Common use of Procedure for Requesting Exclusion Clause in Contracts

Procedure for Requesting Exclusion. Settlement Class Members who wish to opt out of this Settlement must submit a written statement to the Settlement Administrator by the Objection/Exclusion Deadline. To be valid, each request for exclusion must: (a) state the Settlement Class Member’s name, address, and phone number; (b) be personally signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (c) include the statement “I/we request to be excluded from the class settlement in Xxxxxxxxxxx Xxxxxx, et al. v. TTE Technology, Inc., Case No. 43:20-CV- 02857-EMC (N.D. Cal.).” Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be null, void, and ineffective. The date of the postmark on the mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request shall be deemed untimely unless it is received by the Settlement Administrator within two (2) calendar days of the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any Settlement Award, will not be bound by the Settlement, and will not have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the Objection/Exclusion Deadline shall be bound by all terms of the Settlement and any final judgment entered in this litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested exclusion from the Settlement.

Procedure for Requesting Exclusion. Settlement The Class Notice shall provide that Class Members who wish to opt out of this Settlement exclude themselves from the Class must submit complete and return a written statement to the Settlement Administrator by request for exclusion (“Request for Exclusion”) within the Objection/Exclusion Deadline. To be valid, each request The Class Notice shall provide sample language for exclusion must: (a) state the Settlement Class Member’s name, address, and phone number; (b) be personally signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (c) include the statement “I/we request to be excluded from the class settlement in Xxxxxxxxxxx Xxxxxx, et al. v. TTE Technology, Inc., Case No. 43:20-CV- 02857-EMC (N.D. Cal.).” Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be null, void, and ineffectiveRequest for Exclusion. The date of the postmark on the return mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request Request for Exclusion has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request Request for Exclusion shall be deemed untimely unless it is received by the Settlement Administrator within two five (25) calendar days of after the Objection/Exclusion PROPOSED STIPULATION OF SETTLEMENT Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any payment or benefit from the Settlement Award, and will not be bound by the Settlement, and will not Settlement or have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request Request for exclusion Exclusion on or before the Objection/Exclusion Deadline shall become Settlement Class Members, and thus be bound by all terms of the Settlement and any final judgment Final Judgment entered in this litigation Litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely request exclusion from the Settlement. No later than ten (10) days after the Objection/Exclusion Deadline, the Settlement Administrator shall provide to both Class Counsel and Defense Counsel a complete list of all Class Members who have timely requested exclusion from the SettlementClass. If the total number of Plaintiffs who request exclusion equals 6.5% or more of the number of Class Members, AnnTaylor will have the option of rejecting the Settlement in its entirety. If AnnTaylor elects to exercise its rights under this provision, it will so notify Class Counsel and the Court no later than ten (10) days after receiving notice from the Settlement Administrator of the number of opt-outs.

Procedure for Requesting Exclusion. The Notice shall provide that Settlement Class Members who wish to opt out of this Settlement exclude themselves from the Class must submit a written statement requesting exclusion from the Class by mail or email to the Settlement Administrator by on or before the Objection/Exclusion Deadline120 days from Notice distribution. To be valid, each Such written request for exclusion must: (a) state must contain the Settlement Class Member’s full name, address, telephone number, and phone the last four digits of his or her social security number; (b) , a statement that the Settlement Class Member wishes to be personally excluded from the Settlement, and must be signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (c) include the statement “I/we request to be excluded from the class settlement in Xxxxxxxxxxx Xxxxxx, et al. v. TTE Technology, Inc., Case No. 43:20-CV- 02857-EMC (N.D. Cal.).” Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be null, void, and ineffective. The date of the postmark on the return mailing envelope or the timestamp on the electronic submission shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/request for exclusion request has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request shall be deemed untimely unless it is received by the Settlement Administrator within two (2) calendar days of the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of excludes himself or herself from the Settlement Class using this procedure will not be entitled to any recovery under the Settlement Award, and will not be bound by the Settlement. If a Settlement Class Member submits both an exclusion request and a Claim Form, the Settlement Administrator shall contact the Settlement Class Member to determine whether the Class Member intended to request exclusion. If the Settlement Administrator contacts the Class Member and is unable to communicate with him or her, the Claim Form will not have any right govern and the exclusion request will be considered invalid. No later than three (3) days after receiving a request for exclusion the Settlement Administrator shall furnish to object, appeal or comment thereonSettlement Class Counsel and Defendant’s Counsel a copy of that request for exclusion. Settlement Class Members who fail to submit a valid and timely request Counsel shall file or otherwise identify the requests for exclusion on with the motion for final approval of the settlement. If five percent (5%) or before the Objection/Exclusion Deadline shall be bound by all terms more of the Settlement and any final judgment entered in this litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested Class Members submit valid requests for exclusion from the Settlement, Defendant may elect to withdraw from and not be bound by the terms of this Agreement.

Procedure for Requesting Exclusion. Settlement Class Members who wish to request exclusion or “opt out out” of this Settlement must submit a written statement to the Class Action Settlement Administrator by the Objection/Exclusion Deadline. To be valid, each request for exclusion must: (a1) state the Settlement Class Member’s name, address, and phone number; (b2) be personally signed by the Settlement Class Member and not the Settlement Class Member’s attorney or anyone acting on the Settlement Class Member’s behalf; and (c3) include the statement “I/we request to be excluded from the class settlement in Xxxxxxxxxxx Xxxxxx, et al[TBD]. v. TTE Technology, Inc., Case No. 43:20-CV- 02857-EMC (N.D. Cal.).” Requests to opt-out that do not include all required information and/or that are not submitted on a timely basis, will be deemed null, void, and ineffective. The date of the postmark on the mailing envelope shall be the exclusive means used to determine whether a Settlement Class Member’s opt-out/exclusion request has been timely submitted. In the event that the postmark is illegible, the opt-out/exclusion request shall be deemed untimely unless it is received by the Class Action Settlement Administrator within two five (25) calendar days of the Objection/Exclusion Deadline. Any Settlement Class Member who properly opts out of the Settlement Class using this procedure will not be entitled to any Settlement Award, will not be bound by the Settlement, and will not have any right to object, appeal or comment thereon. Settlement Class Members who fail to submit a valid and timely request for exclusion on or before the Objection/Exclusion Deadline shall be bound by all terms of the Settlement and any final DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 judgment entered in this litigation if the Settlement is approved by the Court, regardless of whether they ineffectively or untimely requested exclusion from the Settlement. A Settlement Class Member who does not timely request exclusion from the Settlement Class but does not submit a Claim Form so as to be entitled to a Settlement Award is still bound by the terms of this Agreement, including the release of the Released Claims.