Common use of Request for Exclusion Clause in Contracts

Request for Exclusion. Any Member of the Settlement Classes who wishes to be excluded from the Settlement Classes, and who did not previously exclude themselves, must submit a request for exclusion (“Request for Exclusion”) to the Settlement Administrator at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. This requirement does not apply to members of the classes who previously opted out. The 429 putative class members who previously submitted valid opt-out forms need not opt-out again. Members of the Settlement Classes who wish to be excluded from the Settlement Classes must do so with respect to all Class Vehicles they own(ed) or lease(d). Members of the Settlement Classes may not exclude themselves from the Settlement Classes with respect to one or more Class Vehicles and include themselves in the Settlement Classes with respect to one or more other Class Vehicles. To be effective, the Request for Exclusion must be sent via first-class U.S. mail to the specified address and: • Include the Member of the Settlement Classes’s full name, address, and telephone number; • Identify the model, model year, and vehicle identification number of the Member of the Settlement Classes’s Class Vehicle(s); • Explicitly and unambiguously state his, her, or its desire to be excluded from the Settlement Classes in In re MyFord Touch Consumer Litigation; and • Be individually and personally signed by the Member of the Settlement Classes (if the Member of the Settlement Classes is represented by counsel, it must also be signed by such counsel). Any Member of the Settlement Classes who fails to submit a timely and complete Request for Exclusion sent to the proper address shall be subject to and bound by this Settlement Agreement and every order or judgment entered pursuant to this Settlement Agreement. Any purported Request for Exclusion or other communication sent to such address that is unclear or internally inconsistent with respect to the Member of the Settlement Classes’s desire to be excluded from the Settlement Classes will be deemed invalid unless determined otherwise by the Court. Requests for exclusion can only be submitted individually on behalf of each Class Vehicle(s) owned or leased by the individual Member of the Settlement Classes. For example, mass-opt outs and class requests for exclusion shall not be permitted. The Settlement Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Xxxx’s counsel for determining in the first instance whether they meet the requirements of a Request for Exclusion. Any communications from Members of the Settlement Classes (whether styled as an exclusion request, an objection, or a comment) as to which it is not readily apparent that the Member of the Settlement Classes meant to exclude himself or herself from the Class will be evaluated jointly by Class Counsel and Xxxx’s counsel, who will make a good faith evaluation, if possible, of the Member of the Settlement Classes’s intentions. Any uncertainties about whether a Member of the Settlement Classes is requesting exclusion from the Settlement Classes will ultimately be resolved by the Court. The Settlement Administrator will maintain a list of all Requests for Exclusion. The Settlement Administrator shall report the names and addresses of all such entities and natural persons requesting exclusion to the Court and Class Counsel seven days prior to the Final Hearing, and the list of entities and natural persons deemed by the Court to have excluded themselves from the Settlement Classes will be attached as an exhibit to the Final Order and Judgment.

Request for Exclusion. Any Member of the Settlement Classes The Class Notice also will provide that Class Members who wishes wish to be excluded exclude themselves from the Settlement Classes, and who did not previously exclude themselves, must submit a request for exclusion (“Request for Exclusion”) mail to the Settlement Administrator at not later than Response Deadline, a signed Request for Exclusion. To be valid, a Request for Exclusion must be timely and must comply with the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited instructions in the Class Notice. This requirement If a question is raised about the authenticity of a signed Request for Exclusion, the Settlement Administrator will have the right to demand additional proof of the Class Member’s identity and will give the Class Member notice of the deficiency and the opportunity to cure. The Response Deadline will be extended ten (10) calendar days for those Class Members whose Notice Packet is returned and subsequently remailed. A Non- Participating Class Member will not participate in or be bound by the Settlement and the Judgment. Defendant will remain free to contest any claim brought by the Class Member that would have been barred by this Agreement, and nothing in this Agreement will constitute or be construed as a waiver of any defense Defendant has or could assert against such a claim. In the event of any claim brought by a Non-Participating Class Member, nothing in this Agreement, nor in the proceedings that resulted in the Settlement, nor in the mediation referenced above, or in any other aspect connected with the Settlement, shall be offered as evidence for any purpose. A Class Member who does not apply to members of the classes who previously opted out. The 429 putative class members who previously submitted valid opt-out forms need not opt-out again. Members of the Settlement Classes who wish to be excluded from the Settlement Classes must do so with respect to all Class Vehicles they own(ed) or lease(d). Members of the Settlement Classes may not exclude themselves from the Settlement Classes with respect to one or more Class Vehicles complete and include themselves in the Settlement Classes with respect to one or more other Class Vehicles. To be effective, the mail a timely Request for Exclusion must in the manner and by the deadline specified above will automatically become a Participating Class Member and be sent via first-class U.S. mail bound by all terms and conditions of the Settlement, including the Released Class Claims by the Participating Class Members, if the Settlement is approved by the Court, and by the Judgment, regardless of whether he or she has objected to the specified address and: • Include the Member of the Settlement Classes’s full name, address, and telephone number; • Identify the model, model year, and vehicle identification number of the Member of the Settlement Classes’s Class Vehicle(s); • Explicitly and unambiguously state his, her, or its desire to be excluded from the Settlement Classes in In re MyFord Touch Consumer Litigation; and • Be individually and personally signed by the Member of the Settlement Classes (if the Member of the Settlement Classes is represented by counsel, it must also be signed by such counsel)Settlement. Any Member of the Settlement Classes Persons who fails to submit a timely and complete Request for Exclusion sent shall not be permitted to file objections to the proper address shall be subject Settlement or appear at the Final Approval Hearing to voice any objections to the Settlement. All Participating Class Members who do not submit a valid and bound by this Settlement Agreement and every order or judgment entered pursuant to this Settlement Agreement. Any purported timely Request for Exclusion or other communication sent will receive a Settlement Share, without the need to such address that is unclear or internally inconsistent with respect to the Member file a claim form, and will be bound by all of the Settlement Classes’s desire to be excluded from terms of the Settlement Classes will be deemed invalid unless determined otherwise Settlement, including without limitation, the release of the Released Class Claims by the Court. Requests for exclusion can only be submitted individually on behalf of each Participating Class Vehicle(s) owned or leased by the individual Member of the Settlement Classes. For example, mass-opt outs and class requests for exclusion shall not be permitted. The Settlement Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly by Class Counsel and Xxxx’s counsel for determining Members set forth in the first instance whether they meet the requirements of a Request for Exclusion. Any communications from Members of the Settlement Classes (whether styled as an exclusion request, an objection, or a comment) as to which it is not readily apparent that the Member of the Settlement Classes meant to exclude himself or herself from the Class will be evaluated jointly by Class Counsel and Xxxx’s counsel, who will make a good faith evaluation, if possible, of the Member of the Settlement Classes’s intentions. Any uncertainties about whether a Member of the Settlement Classes is requesting exclusion from the Settlement Classes will ultimately be resolved by the Court. The Settlement Administrator will maintain a list of all Requests for Exclusionthis Agreement. The Settlement Administrator shall report the names and addresses of all such entities and natural persons requesting exclusion to the Court and Class Counsel seven days prior to the Final Hearing, and the list of entities and natural persons deemed by the Court to have excluded themselves withhold from the Settlement Classes will be attached Share of any Participating Class Member any amount necessary to comply with any lawful withholding order (such as an exhibit to orders for child support, garnishments, tax liens, or the Final Order and Judgmentlike).

Request for Exclusion. Any Member Class Members shall have thirty (30) calendar days from the initial mailing of the Settlement Classes who wishes Notice (“Response Deadline”) to mail a signed, completed request to be excluded from the Settlement Classes, and who did not previously exclude themselves, must submit a request for exclusion (“Request for Exclusion”) to the Settlement Administrator at the address specified in the Class Notice by the date specified in the Preliminary Approval Order and recited in the Class Notice. This requirement does not apply to members of the classes who previously opted outAdministrator. The 429 putative class members who previously submitted valid opt-out forms need not opt-out again. Members of the Settlement Classes who wish to be excluded Request for Exclusion from the Settlement Classes must do so with respect to all include the Class Vehicles they own(ed) or lease(d). Members of the Settlement Classes may not exclude themselves from the Settlement Classes with respect to one or more Class Vehicles and include themselves in the Settlement Classes with respect to one or more other Class Vehicles. To be effective, the Request for Exclusion must be sent via first-class U.S. mail to the specified address and: • Include the Member of the Settlement ClassesMember’s full name, address, and telephone number; • Identify , the model, model year, name and vehicle identification case number of the Action, and shall be signed by the Class Member. The Request for Exclusion should state, in effect, the following: “I WISH TO BE EXCLUDED FROM THE SETTLEMENT IN THE CLASS ACTION LAWSUIT. I UNDERSTAND BY REQUESTING EXCLUSION FROM THE SETTLEMENT, I WILL NOT RECEIVE ANY MONEY FROM THE SETTLEMENT OF THE LAWSUIT” or otherwise provide a clear a statement that the Class Member of the Settlement Classes’s Class Vehicle(s); • Explicitly and unambiguously state his, her, or its desire wishes to be excluded from the Settlement Classes in In re MyFord Touch Consumer Litigation; and • Be individually and personally signed by Settlement. Unsigned Requests For Exclusion, those that do not comply with the Member of requirements listed herein, or those postmarked after the Settlement Classes (if the Member of the Settlement Classes is represented by counsel, it must also be signed by such counsel). Any Member of the Settlement Classes who fails to submit a timely and complete Request for Exclusion sent to the proper address shall be subject to and bound by this Settlement Agreement and every order or judgment entered pursuant to this Settlement Agreement. Any purported Request for Exclusion or other communication sent to such address that is unclear or internally inconsistent with respect to the Member of the Settlement Classes’s desire to be excluded from the Settlement Classes Response Deadline will be deemed invalid unless determined otherwise by the Court. Requests for exclusion can only be submitted individually on behalf of each Class Vehicle(s) owned or leased by the individual Member of the Settlement Classes. For example, mass-opt outs and class requests for exclusion shall not be permitted. The Settlement Administrator will receive purported Requests for Exclusion and will follow guidelines developed jointly honored unless mutually agreed to by Class Counsel and Xxxx’s counsel for determining in the first instance whether they meet the requirements of a Request for Exclusion. Any communications from Members of the Settlement Classes (whether styled as an exclusion request, an objection, all Parties or a comment) as to which it is not readily apparent that the Member of the Settlement Classes meant to exclude himself or herself from the Class will be evaluated jointly by Class Counsel and Xxxx’s counsel, who will make a good faith evaluation, if possible, of the Member of the Settlement Classes’s intentions. Any uncertainties about whether a Member of the Settlement Classes is requesting exclusion from the Settlement Classes will ultimately be resolved ordered by the Court. The Settlement Administrator will maintain a list provide counsel for the Parties with copies of all any completed Requests for Exclusion. Neither the Parties nor their counsel will solicit or encourage Class Members to request to be excluded from the Settlement. Any Class Member who requests to be excluded from the Settlement (“Non-Participating Class Member”) will not be entitled to any recovery under the Settlement other than a pro rata portion of the amount allocated to PAGA as set forth in Paragraph 18 if eligible, and will not be bound by the terms of the Settlement except the Release set forth in paragraph 29, or have any right to object, appeal or comment thereon. Class Members who fail to submit a valid and timely Request for Exclusion (“Participating Class Member”) shall be bound by all terms of the Settlement and any Final Judgment entered in this Action. The Settlement Administrator shall report provide the names and addresses Parties with weekly updates regarding the status of all such entities and natural persons requesting exclusion to the Court and Class Counsel seven days prior to the Final Hearing, and the list of entities and natural persons deemed by the Court to have excluded themselves from the Settlement Classes will be attached as an exhibit to the Final Order and Judgmentany Requests for Exclusion.