Common use of The Notice of Class Clause in Contracts

The Notice of Class. Action Settlement shall state that Settlement Class Members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name and address of the Settlement Class Member requesting exclusion; (2) contain a statement expressing that the Settlement Class Member elects to be excluded from the Settlement; (3) be signed by the Settlement Class Member; and (4) be postmarked by the Response Deadline and returned to the Settlement Administrator at the specified address. The date of the postmark on the return mailing envelope on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member who requests to be excluded from the Settlement Class will not be entitled to any recovery under the Settlement and will not be bound by the terms of the Settlement except the PAGA Release, and will not have any right to object to or appeal the settlement. The Individual PAGA Payment will be an equal payment to all PAGA Settlement Group members calculated as follows 25% of the PAGA Payment ($12,500) divided by the number of PAGA Settlement Group members. Settlement Class Members who fail to submit a valid and timely Request for Exclusion on or before the Response Deadline shall be bound by all terms of the Settlement and any Final Judgment entered in this Action. No later than seven (7) days after the Response Deadline, the Settlement Administrator will provide counsel for the Parties with a complete list of all members of the Settlement Class who have timely submitted a Request for Exclusion.

Appears in 1 contract

Samples: Class and Representative Action Settlement Agreement

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The Notice of Class. Action Settlement shall state that Settlement Class Members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name name, address and address telephone number of the Settlement Class Member requesting exclusion; (2) contain a statement expressing that the Settlement Class Member elects to be excluded from the Settlement; (3) be signed by the Settlement Class Member; and (4) be postmarked by the Response Deadline and returned to the Settlement Administrator at the specified address. The date of the postmark on the return mailing envelope on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member who requests to be excluded from the class portion of the Settlement Class will not be entitled to any recovery under the class Settlement and will not be bound by the terms of the Class Settlement except the PAGA Release, and will not or have any right to object to or appeal the class settlement. The However, any Request for Exclusion has no effect to the PAGA portion of this Settlement; PAGA Members cannot request exclusion from the PAGA Settlement and will receive an Individual PAGA Payment will be an equal payment to all PAGA Settlement Group members calculated as follows 25% regardless of the PAGA Payment ($12,500) divided by the number of PAGA Settlement Group memberswhether they submit a Request for Exclusion. Settlement Class Members who fail to submit a valid and timely Request for Exclusion on or before the Response Deadline shall be become a Participating Class Member who is bound by all terms of the Settlement and any Final Judgment entered in this Action. No later than seven (7) days after the Response Deadline, the Settlement Administrator will provide counsel for the Parties with a complete list of all members of the Settlement Class Members who have timely submitted a Request for Exclusion.

Appears in 1 contract

Samples: Class and Representative Action Settlement Agreement

The Notice of Class. Action Settlement shall state that Settlement Class Members who wish to exclude themselves from the Settlement must submit a Request for Exclusion by the Response Deadline. The Request for Exclusion must: (1) contain the name and address of the Settlement Class Member requesting exclusion; (2) contain a statement expressing that the Settlement Class Member elects to be excluded from the Settlement; (3) be signed by the Settlement Class Member; and (4) be postmarked by the Response Deadline and returned to the Settlement Administrator at the specified address. The date of the postmark on the return mailing envelope on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member who requests to be excluded from the Settlement Class will not be entitled to any recovery under the Settlement and will not be bound by the terms of the Settlement except the PAGA Release, and will not have any right to object to or appeal the settlement. The Individual PAGA Payment will be an equal payment to all PAGA Settlement Group members calculated as follows 25% of the PAGA Payment ($12,5006,250.00) divided by the number of PAGA Settlement Group members. Settlement Class Members who fail to submit a valid and timely Request for Exclusion on or before the Response Deadline shall be bound by all terms of the Settlement and any Final Judgment entered in this Action. No later than seven (7) days after the Response Deadline, the Settlement Administrator will provide counsel for the Parties with a complete list of all members of the Settlement Class who have timely submitted a Request for Exclusion.

Appears in 1 contract

Samples: Class and Representative Action Settlement Agreement and Release

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The Notice of Class. Action Settlement shall state that Settlement Class Members who wish to exclude themselves from the Settlement Class must submit a completed Request for Exclusion Form or letter with substantially the same information as the Form by the Response Deadline. The Request for Exclusion must: (1) contain the name and address of the Settlement Class Member requesting exclusion; (2) contain a statement expressing that the Settlement Class Member elects to be excluded from the Settlementnon-PAGA Class Settlement (such language is included in the form); (3) be signed by the Settlement Class Member; and (4) be postmarked by the Response Deadline and returned to the Settlement Administrator at the specified address. The date of the postmark on the return mailing envelope on the Request for Exclusion shall be the exclusive means used to determine whether a Request for Exclusion has been timely submitted. Any Settlement Class Member who requests to be excluded from the Settlement Class will not be entitled to any recovery Individual Settlement Payment under the Settlement and will not be bound by the terms of the Settlement except the PAGA Release, and will not or have any right to object to or appeal the settlement. The Individual PAGA Payment will be an equal payment to all PAGA Settlement Group settlement except that Class Members who are members calculated as follows 25% of the PAGA Group will still receive a PAGA Group Payment ($12,500) divided and will still be bound by the number of PAGA Settlement Group membersRelease. Settlement Class Members who fail to submit a valid and timely Request for Exclusion on or before the Response Deadline shall be bound by all terms of the Settlement and any Final Judgment entered in this Action. No later than seven (7) days after the Response Deadline, the Settlement Administrator will provide counsel for the Parties with a complete list of all members of the Settlement Class who have timely submitted a Request for Exclusion.

Appears in 1 contract

Samples: Class and Representative Action Settlement Agreement

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