Common use of PLEASE READ IT CAREFULLY Clause in Contracts

PLEASE READ IT CAREFULLY. This is an official court notice from the United States District Court for the Western District of Washington at Seattle Dennings v. Clearwire, No. 10-1859-JLR Clearwire Litigation Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: Please do not xxxx barcode CW – «ClaimID» «MailRec» «First1» «Last1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» CW This notifies you of a proposed settlement of three class actions against Clearwire. Clearwire’s records show you are a member of the settlement Class. Plaintiffs claim Clearwire misrepresented its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds and that Clearwire provided poor Internet and phone service, engaged in misleading advertising, and imposed early termination fees (“ETFs”) that prevented customers from terminating because of poor service. Clearwire denies any wrongdoing and has asserted many defenses. In agreeing to settle, Clearwire does not admit any wrongdoing. As part of the proposed settlement, Clearwire will provide payments or credits to class members who submit a valid claim form. For details on the calculation of the dollar amounts of these payments/credits, go to www. .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM FORM BY [MONTH & DAY], 2012. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP postmarked no later than [MONTH & DAY], 2012. If you remain a Class Member, you may object to the settlement by writing to the Court and sending copies to counsel no later than , 2012. Full details on how to object or exclude yourself can be found at www. .com. The Court will hold a hearing on [MONTH & DAY], 2012, at XX:XX to consider whether to approve the settlement and award attorneys’ fees and expenses as requested, in an amount not to exceed $2 million. You or your lawyer may ask to appear and speak at your own expense, but you don’t have to. The full text of the Long-form Notice and a downloadable Claim Form are available at www. .com. The website also explains the Settlement terms in more detail. Call (1 ) or write to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP to request the Long-form Notice and Claim Form. This Notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be entitled to benefits under a class action settlement. The United States District Court for the Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that Clearwire misrepresented its Internet service, failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies all allegations of wrongdoing in all three lawsuits. Clearwire successfully moved to dismiss one of the lawsuits. (That decision is now on appeal.) It has filed motions, which remain pending, to refer the other two lawsuits to individual arbitration. As part of the proposed settlement, Clearwire does not admit to any wrongdoing and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with outstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by , 2012 (an “Eligible Claimant”). The criteria for a valid Claim Form are described below. • Clearwire also will make certain disclosures about its network management policies and changes to its ETF policies. Clearwire will also pay the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM The only way to get a payment or credit under the settlement. EXCLUDE YOURSELF Get no payment or credit under the settlement. This is the only option that allows you to ever be part of any other lawsuit against Clearwire about the legal claims in the case. OBJECT Write to the Court about why you don’t like the settlement. You can do this only if you don’t exclude yourself. GO TO A HEARING Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. DO NOTHING Get no payment or credit under the settlement. Give up rights. • This Notice explains these rights and options—and the deadlines to exercise them.

Appears in 1 contract

Samples: Settlement Agreement and Release of Claims

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PLEASE READ IT CAREFULLY. This is an official court notice from arbitration provision shall also apply to any Claims (as defined below) brought by or against Apple Financing LLC, Apple Payments Inc., Apple Inc. or any of its affiliates ("Apple"). ACKNOWLEDGMENT OF ARBITRATION Your access to and use of Apple Pay Later and Services that may be offered to you through Apple Pay Later are provided on the United States District Court for the Western District of Washington at Seattle Dennings v. Clearwire, No. 10-1859-JLR Clearwire Litigation Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: Please do not xxxx barcode CW – «ClaimID» «MailRec» «First1» «Last1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» CW This notifies you of a proposed settlement of three class actions against Clearwire. Clearwire’s records show you are a member basis of the settlement Classinclusion of the following arbitration provision. Plaintiffs claim Clearwire misrepresented By accepting these Apple Pay Later Terms or using Apple Pay Later, unless you reject arbitration as provided below, you acknowledge that YOU ARE GIVING UP THE RIGHT TO LITIGATE CLAIMS (AS DEFINED BELOW) AND THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION. You hereby knowingly and voluntarily WAIVE THE RIGHT TO BE HEARD IN COURT OR HAVE A JURY TRIAL on all Claims subject to these Apple Pay Later Terms. You further acknowledge that you have read this arbitration provision carefully, agree to its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds and that Clearwire provided poor Internet and phone service, engaged in misleading advertisingterms, and imposed early termination fees are entering into these Apple Pay Later Terms voluntarily and not in reliance on any promises or representations whatsoever except those contained in these Apple Pay Later Terms. HOW TO REJECT THIS ARBITRATION PROVISION YOU MAY REJECT THIS ARBITRATION PROVISION BY CONTACTING US USING MESSAGES, CALLING US, OR WRITING TO US, AND STATING THE FOLLOWING: (“ETFs”I) that prevented customers from terminating because of poor service. Clearwire denies any wrongdoing and has asserted many defenses. In agreeing to settle, Clearwire does not admit any wrongdoing. As part of the proposed settlement, Clearwire will provide payments or credits to class members who submit a valid claim form. For details on the calculation of the dollar amounts of these payments/credits, go to www. .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. YOUR NAME; (II) THE EMAIL ADDRESS YOU PROVIDED FOR APPLE PAY LATER; (III) THE ADDRESS YOU PROVIDED FOR APPLE PAY LATER; AND (IV) THAT YOU ARE EXERCISING YOUR RIGHT TO RECEIVE REJECT THIS ARBITRATION PROVISION (A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM FORM BY [MONTH & DAY], 2012. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP postmarked no later than [MONTH & DAY], 2012. If you remain a Class Member, you may object to the settlement by writing to the Court and sending copies to counsel no later than , 2012. Full details on how to object or exclude yourself can be found at www. .com. The Court will hold a hearing on [MONTH & DAY], 2012, at XX:XX to consider whether to approve the settlement and award attorneys’ fees and expenses as requested, in an amount not to exceed $2 million. You or your lawyer may ask to appear and speak at your own expense, but you don’t have to. The full text of the Long-form Notice and a downloadable Claim Form are available at www. .com. The website also explains the Settlement terms in more detail. Call (1 ) or write to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP to request the Long-form Notice and Claim Form. This Notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be entitled to benefits under a class action settlement. The United States District Court for the Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that Clearwire misrepresented its Internet service, failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies all allegations of wrongdoing in all three lawsuits. Clearwire successfully moved to dismiss one of the lawsuits. (That decision is now on appeal.) It has filed motions, which remain pending, to refer the other two lawsuits to individual arbitration. As part of the proposed settlement, Clearwire does not admit to any wrongdoing and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with outstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by , 2012 (an “Eligible Claimant”"REJECTION NOTICE"). The criteria for a valid Claim Form are described belowYOUR REJECTION NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ENTERED THESE APPLE PAY LATER TERMS. • Clearwire also will make certain disclosures about its network management policies and changes to its ETF policiesIF YOUR REJECTION NOTICE COMPLIES WITH THESE REQUIREMENTS, THIS ARBITRATION PROVISION WILL NOT APPLY TO YOU, EXCEPT FOR ANY CLAIMS SUBJECT TO PENDING LITIGATION OR ARBITRATION AT THE TIME YOU SEND YOUR REJECTION NOTICE. Clearwire will also pay the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. REJECTION OF THE ARBITRATION PROVISION WILL NOT AFFECT YOUR LEGAL OTHER RIGHTS AND OPTIONS IN OR RESPONSIBILITIES UNDER THIS SETTLEMENT: SUBMIT A CLAIM FORM The only way to get a payment or credit under the settlement. EXCLUDE YOURSELF Get no payment or credit under the settlement. This is the only option that allows you to ever be part of any other lawsuit against Clearwire about the legal claims in the case. OBJECT Write to the Court about why you don’t like the settlement. You can do this only if you don’t exclude yourself. GO TO A HEARING Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. DO NOTHING Get no payment or credit under the settlement. Give up rights. • This Notice explains these rights and options—and the deadlines to exercise themARBITRATION PROVISION OR THESE APPLE PAY LATER TERMS.

Appears in 1 contract

Samples: www.apple.com

PLEASE READ IT CAREFULLY. This is an official court notice from the United States District Court for the Western District of Washington at Seattle Dennings v. ClearwireNew York In re Xxxxxxx Kodak ERISA Litigation, Civil Action No. 1012-185906051-JLR Clearwire Litigation Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: Please do not xxxx barcode CW – «ClaimID» «MailRec» DGL «First1» «Last1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» CW This notifies notice has been delivered to you to notify you of a proposed $9.7 million cash settlement of three an ERISA class actions against Clearwireaction. Clearwire’s records Records show that, between January 1, 2010 and March 31, 2012, you are or were a member participant in the Kodak Employee Stock Ownership Plan (the “ESOP”), and or you are or were a participant in the Xxxxxxx Kodak Employees’ Savings and Investment Plan (the “SIP”) and that your SIP Plan account held investments in the Kodak Stock Fund. As a result, you may be entitled to a payment pursuant to a proposed class action settlement in In re Xxxxxxx Kodak ERISA Litigation, Civil Action No. 12-06051-DGL. In this case, the Plaintiffs claim that certain individuals and entities (collectively the “Defendants”) breached their fiduciary duties owed the ESOP and the SIP (together, the “Plans”), under the Employee Retirement Income Security Act of 1974 (“ERISA”) in connection with their administration of the settlement ClassPlans by continuing the Plans’ investment in the Kodak stock when Defendants knew or should have known based solely on publicly available information that Kodak stock was an imprudent investment option for the Plans. Plaintiffs claim Clearwire misrepresented its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds The Defendants deny any and that Clearwire provided poor Internet and phone service, engaged in misleading advertising, and imposed early termination fees (“ETFs”) that prevented customers from terminating because of poor service. Clearwire denies any all wrongdoing and has have asserted many defenses, which they believe would have been ultimately successful. In agreeing However, the Parties have reached agreement to settle, Clearwire does not admit any wrongdoingsettle the dispute and the proposed Settlement is under review by the Court. As part of the proposed settlementSettlement, Clearwire will provide payments or credits to qualified class members who submit are current participants in the SIP and who show a valid claim formloss under the proposed Plan of Allocation will receive payment to their account(s) in the Plan(s). For details (Former participants will either receive payments directly or will have a new SIP Plan account established for receipt of their share of the Settlement, depending on the calculation total amount of their net loss.) You do not need to do anything to receive a payment under the Settlement but your rights will be affected. The Settlement includes a release of claims related to the administration of the dollar amounts Plans and the selection of these payments/credits, go to www. .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM FORM BY [MONTH & DAY], 2012. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP postmarked no later than [MONTH & DAY], 2012. If you remain a Class Member, you may object to investment options under the settlement by writing to the Court and sending copies to counsel no later than , 2012. Full details on how to object or exclude yourself can be found at www. .comPlans. The Court will hold a hearing Fairness Hearing on [MONTH & DAY], 20122016, at XX:XX to consider whether to approve the settlement and award Settlement, the proposed Plan of Allocation, Plaintiffs’ Counsel’s application for up to one third of the Settlement Fund in attorneys’ fees and expenses as requestedapproximately $ in expenses, in an amount and Case Contribution Awards for each of the plaintiffs who have been appointed by the Court to represent the class, which award shall not to exceed $2 million5,000 each. You cannot exclude yourself from the Settlement. You can, however, file written comments or your lawyer may ask to objections with the Court and appear and speak at the Fairness Hearing at your own expense. To do so, but you don’t have tomust submit your comments no later than [MONTH & DAY], 2016. The full text of Detailed instructions can be found on the Long-form Notice and a downloadable Claim Form are available settlement website at www. .com. The website , where you can also explains obtain a more detailed notice about the terms of the Settlement terms in more detailand how the payments will be calculated, as well as the Settlement Agreement and related materials. Call (1 ) or Additional information, including Plaintiffs’ Counsel’s application for attorneys’ fees, will be posted on the Settlement Website as they are filed with the Court. You may also write to Clearwire Kodak ERISA Litigation Settlement, c/o A.B. Data, Ltd., Settlement Administrator, P.O. PO Box 170500, CITYMilwaukee, ST ZIP WI 53217 to request the Long-form Notice and Claim Formcopies of these materials. This Notice notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims EXHIBIT B IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be entitled to benefits under a class action settlementNEW YORK IN RE XXXXXXX KODAK ERISA LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS MASTER FILE NO. The United States District Court for the Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that Clearwire misrepresented its Internet service, failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies 6:12-CV-06051-DGL NOTICE OF CLASS ACTION SETTLEMENT To all allegations of wrongdoing in all three lawsuits. Clearwire successfully moved to dismiss one members of the lawsuits. (That decision is now on appeal.) It has filed motionsfollowing class: All Persons who, which remain pendingat any time between January 1, to refer the other two lawsuits to individual arbitration. As part of the proposed settlement, Clearwire does not admit to any wrongdoing 2010 and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with outstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by March 31, 2012 (an the Eligible ClaimantClass Period”). The criteria for a valid Claim Form are described below. • Clearwire also will make certain disclosures about its network management policies , (a) were participants in or beneficiaries of the Kodak Employee Stock Ownership Plan (the “ESOP”), and/or (b) were participants in or beneficiaries of the Xxxxxxx Kodak Employees’ Savings and changes to its ETF policies. Clearwire will also pay Investment Plan (the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM The only way to get a payment or credit under the settlement. EXCLUDE YOURSELF Get no payment or credit under the settlement. This is the only option that allows you to ever be part of any other lawsuit against Clearwire about the legal claims “SIP”), and whose SIP Plan accounts included investments in the caseKodak Stock Fund. OBJECT Write to the Court about why you don’t like the settlementPLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. You can do this only if you don’t exclude yourself. GO TO A HEARING Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. DO NOTHING Get no payment or credit under the settlement. Give up rights. • This Notice explains these rights and options—and the deadlines to exercise themFEDERAL COURT AUTHORIZED THIS NOTICE.

Appears in 1 contract

Samples: Class Action Settlement Agreement

PLEASE READ IT CAREFULLY. This is an official court notice from the United States District Court for the Western District of Washington at Seattle Dennings v. ClearwireMichigan, Xxxx Xxxxxxxx and Xxxxxx Xxxxx x. Xxxxxx Media LLC, No. 101:16-1859-JLR Clearwire Litigation CV-00960 Magazine Subscription Settlement Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: Please do not xxxx barcode CW WM – «ClaimID» «MailRec» «First1First 1» «Last1Last 1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» CW WM This notifies you of a proposed settlement of three a class actions action against ClearwireXxxxxx Media LLC (“Defendant”). ClearwireDefendant’s records show you are may be a member of the a proposed settlement Classclass. Plaintiffs claim Clearwire misrepresented its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds claim, among other things, that Defendant violated Michigan law in connection with Defendant’s alleged disclosure of the personal information of Plaintiffs and that Clearwire provided poor Internet and phone service, engaged in misleading advertising, and imposed early termination fees (“ETFs”) that prevented customers from terminating because of poor serviceothers. Clearwire denies any wrongdoing and Defendant has asserted many defensesdefenses it believes would succeed at trial. In agreeing to settle, Clearwire Defendant maintains it complied with the law and does not admit any wrongdoing. As part of Under the proposed settlement, Clearwire Defendant will provide vouchers for Rolling Stone subscriptions or payments or credits (not expected to class exceed $10.00) to certain members who submit a valid claim formof the proposed class. For details on the calculation of the dollar amounts of these regarding those vouchers or payments/credits, go to www. .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM FORM BY [MONTH & DAY], 2012please visit xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion from the settlement to Clearwire Litigation Magazine Subscription Settlement, Settlement Administrator, P.O. Box , CITY, ST ZIP STATE ZIP, postmarked no later than [MONTH & DAY], 2012] 201_. If you remain a Class Memberclass member, you may object to the settlement by writing to the Court and sending copies to counsel Class Counsel no later than , 2012201_. Full details on how to object or exclude yourself can be found at www. .comxxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx. The Court will hold a hearing on [MONTH & DAY], 2012201 , at XX:XX XX, to consider whether to approve the settlement and award settlement. The Court will also consider whether to approve attorneys’ fees and expenses costs as requested, in an amount not to exceed $2 million. You or your lawyer may ask to appear and speak at your own expense, but you don’t have to. The full text of the Long-form A more detailed Notice and a downloadable Claim Form are available at www. .comxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx. The website also explains the Settlement terms in more detail. Call (1 ) or You may also write to Clearwire Litigation Magazine Subscription Settlement, Settlement Administrator, P.O. Box , CITY, ST STATE ZIP to request the Long-form more detailed Notice and Claim Form. This Notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be entitled to benefits under a class action settlement. The United States District Court for the Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that Clearwire misrepresented its Internet service, failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies all allegations of wrongdoing in all three lawsuits. Clearwire successfully moved to dismiss one of the lawsuits. (That decision is now on appeal.) It has filed motions, which remain pending, to refer the other two lawsuits to individual arbitration. As part of the proposed settlement, Clearwire does not admit to any wrongdoing and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with outstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by , 2012 (an “Eligible Claimant”). The criteria for a valid Claim Form are described below. • Clearwire also will make certain disclosures about its network management policies and changes to its ETF policies. Clearwire will also pay the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: SUBMIT A CLAIM FORM The only way to get a payment or credit under the settlement. EXCLUDE YOURSELF Get no payment or credit under the settlement. This is the only option that allows you to ever be part of any other lawsuit against Clearwire about the legal claims in the case. OBJECT Write to the Court about why you don’t like the settlement. You can do this only if you don’t exclude yourself. GO TO A HEARING Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. DO NOTHING Get no payment or credit under the settlement. Give up rights. • This Notice explains these rights and options—and the deadlines to exercise them.

Appears in 1 contract

Samples: Settlement Agreement and Release of Claims

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PLEASE READ IT CAREFULLY. This is an official court notice from the United States District Court for the Western District of Washington at Seattle Dennings v. ClearwireXxxxxxxx x. Xxxxxxxxx, No. 10-1859-JLR Clearwire Litigation Settlement Administrator P.O. Box CITY, ST ZIP «Barcode» Postal Service: Please do not xxxx mark barcode CW – «ClaimID» «MailRec» «First1» «Last1» «CO» «Addr2» «Addr1» «City», «ST» «Zip» «Country» CW This notifies you of a proposed settlement of three class actions against Clearwire. Clearwire’s records show you are a member of the settlement Class. Plaintiffs claim Clearwire misrepresented its Internet service speeds by failing to disclose it might restrict its customers’ Internet speeds and that Clearwire provided poor Internet and phone service, engaged in misleading advertising, and imposed early termination fees (“ETFs”) that prevented customers from terminating because of poor service. Clearwire denies any wrongdoing and has asserted many defenses. In agreeing to settle, Clearwire does not admit any wrongdoing. As part of the proposed settlement, Clearwire will provide payments or credits to class members who submit a valid claim form. For details on the calculation of the dollar amounts of these payments/credits, go to www. .com. Clearwire will also enhance disclosures about network management policies and change its ETF collection policies. TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, YOU MUST SUBMIT A CLAIM FORM BY [MONTH & DAY], 2012. If you want to exclude yourself from this settlement, you must send a written request specifically stating that you request exclusion to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP postmarked no later than [MONTH & DAY], 2012. If you remain a Class Member, you may object to the settlement by writing to the Court and sending copies to counsel no later than , 2012. Full details on how to object or exclude yourself can be found at www. .com. The Court will hold a hearing on [MONTH & DAY], 2012, at XX:XX to consider whether to approve the settlement and award attorneys’ fees and expenses as requested, in an amount not to exceed $2 million. You or your lawyer may ask to appear and speak at your own expense, but you don’t have to. The full text of the Long-form Notice and a downloadable Claim Form are available at www. .com. The website also explains the Settlement terms in more detail. Call (1 ) or write to Clearwire Litigation Settlement Administrator, P.O. Box , CITY, ST ZIP to request the Long-form Notice and Claim Form. This Notice is only a summary. DWT 19719536v12 0065187-001078 Exhibit C to Settlement Agreement & Release of Claims UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE United States District Court for the Western District of Washington at Seattle If you purchased retail services from Clearwire between November 14, 2004 and February 27, 2012, you could be entitled to benefits under a class action settlement. The United States District Court for the Western District of Washington authorized this Notice. This is not a solicitation from a lawyer. • A proposed settlement of three class action lawsuits relates to allegations that Clearwire misrepresented its Internet service, failed to disclose it might restrict its customers’ Internet service speeds, provided poor Internet and phone service, engaged in misleading advertising, and/or imposed early termination fees (“ETFs”) that prevented customers from terminating despite poor service or forced customers to pay a penalty to avoid monthly payments for poor service. • Clearwire denies all allegations of wrongdoing in all three lawsuits. Clearwire successfully moved to dismiss one of the lawsuits. (That decision is now on appeal.) It has filed motions, which remain pending, to refer the other two lawsuits to individual arbitration. As part of the proposed settlement, Clearwire does not admit to any wrongdoing and continues to deny the allegations against it. • The proposed Settlement provides for credits (to current customers or former customers with outstanding balances) or payments (to former customers without outstanding balances) to each person submitting a valid Claim Form by , 2012 (an “Eligible Claimant”). The criteria for a valid Claim Form are described below. • Clearwire also will make certain disclosures about its network management policies and changes to its ETF policies. Clearwire will also pay the costs to administer the settlement. • Your legal rights are affected whether you act or don’t act. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENTYour Legal Rights and Options in this Settlement: SUBMIT A CLAIM FORM Submit a Claim Form The only way to get a payment or credit under the settlement. EXCLUDE YOURSELF Exclude Yourself Get no payment or credit under the settlement. This is the only option that allows you to ever be part of any other lawsuit against Clearwire about the legal claims in the case. OBJECT Object Write to the Court about why you don’t like the settlement. You can do this only if you don’t exclude yourself. GO TO A HEARING Go to a Hearing Ask to speak in Court about the fairness of the settlement. You can do this only if you don’t exclude yourself. DO NOTHING Do Nothing Get no payment or credit under the settlement. Give up rights. • This Notice explains these rights and options—and the deadlines to exercise them. Questions? Call 1-xxx-xxx-xxxx toll free, or visit www. .com • The Court must decide whether to approve the settlement as part of the process described in this Notice. Payments or credits will be made if the Court approves the settlement. What This Notice Contains Table of Contents Page BASIC INFORMATION. Error! Bookmark not defined.

Appears in 1 contract

Samples: Settlement Agreement and Release of Claims

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