Common use of REQUEST FOR EXCLUSION FROM THE CLASS Clause in Contracts

REQUEST FOR EXCLUSION FROM THE CLASS. 1. A Settlement Class Member who wishes to be excluded from the Settlement Class shall mail a written Request for Exclusion to the Claims Administrator, so that it is postmarked no later than 60 days after Notice Deadline, by , 2024 (the “Opt-Out and Objection Deadline”), and shall clearly: (a) identify the case name and number; (b) identify the name, address, and telephone number of the Settlement Class Member; (c) be personally signed by the Settlement Class Member requesting exclusion; and (d) contain a statement that indicates a desire to be excluded from the Settlement Class in the Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class in ▇▇▇▇▇ v. DFS Group, L.P.” 2. A Settlement Class Member who desires to opt out of the Settlement Class must take timely affirmative written action pursuant to this Order, even if he or she files or has filed a separate action against DFS, provided that DFS serves the Class Notice in that separate action upon counsel of record or if pro se, upon the plaintiff. 3. Any Settlement Class Member who does not properly and timely mail a Request for Exclusion as set forth above shall be automatically included in the Settlement Class, and shall be bound by all the terms and provisions of the Agreement, including the Release and the Order of Final Approval, whether or not such Settlement Class Member received actual notice or objected to the Class Settlement and whether or not such Settlement Class Member makes a claim upon or participates in the Class Settlement.

REQUEST FOR EXCLUSION FROM THE CLASS. 16. A member of the Settlement Class Member who wishes to be excluded from the Settlement Class shall mail a written Request for Exclusion notice of exclusion to the Claims Administrator, so that it is postmarked no later than 60 [PROPOSE 60] days after the Notice Deadline, by or , 2024 2016 (the “Opt-Out and Objection Deadline”), and shall clearly: clearly state the following: (a) identify the case name and number; their name; (b) identify the name, physical address, and telephone number of the Settlement Class Member; ; (c) be personally signed by phone number; and (d) e-mail address, if available. In addition, the Settlement Class Member requesting exclusion; and (d) contain exclusion shall include a statement that indicates a desire signed certification containing the following language: I, the individual signing below, want to be excluded from the Settlement Class in the Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class settlement in ▇▇▇▇▇ v. DFS Group, L.P.”▇. ▇▇▇▇▇▇ and Velocity and understand that I will not be entitled to receive any payment from the Settlement. 27. A Any Settlement Class Member who desires submits a valid request for exclusion as set forth above shall not be bound by the Agreement, or the Order of Final Approval. Upon receipt, the Claims Administrator shall promptly provide copies of each notice of exclusion to opt out of the Settlement Class must take timely affirmative written action pursuant to this Order, even if he or she files or has filed a separate action against DFS, provided that DFS serves the Class Notice in that separate action upon counsel of record or if pro se, upon the plaintiffCounsel and Counsel for Defendants. 38. Any Settlement Class Member who does not properly and timely mail a Request for Exclusion notice of exclusion as set forth above shall be automatically included in the Settlement Class, and shall be bound by all the terms and provisions of the Agreement, including the Release and the Order of Final Approval, whether or not such Settlement Class Member received actual notice or shall have objected to the Class Settlement and whether or not such Settlement Class Member makes a claim upon or participates in the Class Settlement.

REQUEST FOR EXCLUSION FROM THE CLASS. 18. A member of the Settlement Class Member who wishes to be excluded from the Settlement Class shall must mail a written Request for Exclusion notice of exclusion to the Claims Administrator, so that it is postmarked no later than 60 days after the Notice Deadline, by or , 2024 2016 (the “Opt-Out and Objection Deadline”), and shall clearly: (a) identify the case clearly state his or her name and number; (b) identify the name, address, physical address and telephone number that he or she desires to opt-out of the Settlement Class Member; (c) be personally signed by the Settlement Class Member requesting exclusion; and (d) contain a statement that indicates a desire settlement or otherwise do not wish to be excluded from the Settlement Class participate in the Litigation, such as “I hereby request that I be excluded from the proposed Settlement Class in ▇▇▇▇▇ v. DFS Group, L.P.”settlement. 29. A Any Settlement Class Member who desires submits a valid request for exclusion as set forth above shall not be bound by the Agreement, or the Order of Final Approval. Upon receipt, the Claims Administrator shall promptly provide copies of each notice of exclusion to opt out of the Settlement Class must take timely affirmative written action pursuant to this Order, even if he or she files or has filed a separate action against DFS, provided that DFS serves the Class Notice in that separate action upon counsel of record or if pro se, upon the plaintiffCounsel and Counsel for CPC. 310. Any Settlement Class Member who does not properly and timely mail a Request for Exclusion notice of exclusion as set forth above shall be automatically included in the Settlement Class, and shall be bound by all of the terms and provisions of the Agreement, including the Release and the Order of Final Approval, whether or not such Settlement Class Member received actual notice or shall have objected to the Class Settlement. In no event shall Settlement and whether Class Members who purport to opt-out of the settlement as a group, aggregate, collective, or not such class involving more than one Settlement Class Member makes be considered a claim upon or participates successful opt-out. 11. If more than five percent (5%) of the potential Settlement Class Members validly and timely opt out of the class, CPC may in its sole discretion exercise its right to void the Settlement, in which case this Order and the Agreement will be vacated, rescinded, cancelled and annulled, and the parties will return to the status quo ante as if they had not entered into the Agreement. In that event, the remainder of the Settlement Amount, net of actual costs incurred for distribution of the Class SettlementNotice, shall revert back to CPC, and evidence of the settlement, negotiations, and related proceedings will be inadmissible and will not be discoverable.