UnitedHealth Group (UNH)

14.1 Opt-Out Timing And Rights

The Parties jointly shall request to the Court that the Mailed Notice be disseminated no later than one hundred twenty (120) days after the Preliminary Approval Date and the “Notice Date” shall be defined as one hundred twenty (120) days after the Preliminary Approval Date.

The Mailed Notice and the Published Notice shall provide that Settlement Class Members may request exclusion from the Settlement Class by providing notice in the manner specified in those Notices, or on or before a date set by the Court as the Opt-Out deadline (“Opt-Out Deadline”). Settling Plaintiffs, Settlement Class Counsel, and Defendants agree to request that the Court set the Opt-Out Deadline for the same date as the Objection Date.

Settlement Class Members shall have the right to exclude themselves (“Opt-Out”) from this Settlement Agreement and from the Settlement Class by timely submitting to the Claims Administrator a request to Opt-Out and otherwise complying with the agreed-upon Opt-Out procedures approved by the Court. Members of the Settlement Class who timely request to Opt Out shall be excluded from this Settlement Agreement and from participation as Settlement Class Members. Out-Of-Network Health Care Provider Groups, as distinct legal entities, and their individual Out-Of-Network Health Care Provider members, partners, shareholders, owners, or employees, must separately request exclusion from the Settlement Class in order to Opt-Out. Requests for exclusion by Out-Of-Network Health Care Provider Groups, as distinct legal entities, must be signed by individuals who attest that they have the authority to bind the Out-Of-Network Health Care Provider Group.

Any member of the Settlement Class who does not submit a request to Opt-Out by the Opt-Out Deadline, or who does not otherwise comply with the agreed-upon Opt-Out procedures approved by the Court, shall be a Settlement Class Member and shall be bound by the terms of this Settlement Agreement and the Final Order and Judgment.

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On each Friday after the Notice Date and through the Opt-Out Deadline, the Claims Administrator shall provide to the Parties: (a) a list in machine-readable form of all Opt-Out requests received up to that date; and (b) to the extent not already provided, copies of the actual request to Opt-Out filed by each Opt-Out. Within five (5) business days after the Opt-Out Deadline, the Claims Administrator shall furnish the Parties with: (a) a complete list in machine-readable form of all Opt-Out requests (including, at a minimum, the name and address for each Opt-Out) filed by the Opt-Out Deadline; (b) copies of the actual request to opt-out filed by each Opt-Out; and (c) a statement of the total number of Mailed Notices mailed and the total number of Opt-Out requests received. At the same time, the Claims Administrator shall furnish a sworn affidavit to the Parties providing a list of all Settlement Class Members to whom the Mailed Notice was sent, along with all mailing addresses and any other Settlement Class Member-identifying information that the Claims Administrator used in mailing the Mailed Notices to Settlement Class Members.