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Case 3:10-cv-00132-ECR -WGC Document 97-2 Filed 03/27/12 Page 12 of 21 payment that you can expect, but is used to determine how the Net Settlement Fund is allocated among all persons submitting claims. HOW YOU OBTAIN A PAYMENT — SUBMITTING A CLAIM FORM 10. How Will I Obtain a Payment? To qualify for payment, you must be an eligible Class Member, send in a valid Proof of Claim and Release form, and properly document your claim as requested in the Claim Form. A Proof of Claim and Release form is enclosed with this Notice. You may also get a Proof of Claim and Release form on the internet at www.gcginc.com . Read the instructions carefully, fill out the Proof of Claim and Release form, include the documents the form asks for, sign it, and mail it in the enclosed envelope postmarked no later than __________, 2012. 11. When Will I Receive My Payment? The Court will hold a hearing on __________, 2012, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether or when these appeals will be resolved, and resolving them can take time, perhaps more than a year. Even if no appeals are filed, it will take several months for the Claims Administrator to process all of the Proof of Claim and Release forms and determine the ultimate distribution amounts. 12. What Am I Giving Up to Receive a Payment? As a Class Member, you will be giving up certain rights that you currently have if the Court approves the Settlement. Unless you timely exclude yourself from the Class by the [21 days prior to the Settlement Hearing] __________, 2012 deadline, you are a Member of the Class and will be bound by the Release of claims against the Defendants. That means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants about the Released Claims in this case. It also means that all of the Court’s orders will apply to you and legally bind you and you will release your claims in this case against the Defendants. The terms of the Release are included in the claim form that is enclosed. EXCLUDING YOURSELF FROM THE CLASS ACTION SETTLEMENT If you do not want a payment from the class action Settlement, but you want to keep the right to sue or continue to sue the Defendants on your own for the Released Claims in the class action, then you must take steps to get out of the Class. This is called excluding yourself, or is sometimes referred to as opting out of the Class. 13. How Do I Get Out of the Class? To exclude yourself from the Class, you must send a letter by mail stating that you want to be excluded from Szymborski v. Ormat Technologies, Inc. et al. , No. 3:10-CV-00132-ECR- RAM. You must include your name, address, telephone number, your signature, and the number 10PDF Image | Lawsuite ORMAT TECHNOLOGIES
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