Common use of Alternative Cash Payment Clause in Contracts

Alternative Cash Payment. A pro rata (a legal term meaning an equal share) payment from the net Settlement Fund, which is $8,800,000 minus payment of costs of the Settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $2,930,000, Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for claims for Ordinary Losses and Extraordinary Losses. Note that if these costs of the Settlement, fees, awards and claims exceed the Settlement Fund, individuals selecting this option may not receive any payment. These rights and options—and the deadlines to exercise them—are explained in this Notice. Submit a Claim Form You must submit a Claim Form by mail or online to receive Settlement benefits. Month Day, 20YY Exclude Yourself Get no Settlement benefits. Keep your right to file your own lawsuit against MCG and Released Parties about the legal claims in this case. Month Day, 20YY Object Tell the Court why you do not like the Settlement. You will still be bound by the Settlement if the Court approves it. Month Day, 20YY Do Nothing Get no Settlement benefits. Be bound by the Settlement. • The Court in charge of this case must still decide whether to approve the Settlement and the requested attorneys’ fees and expense award. No Settlement benefits or payments will be provided unless the Court approves the Settlement, and it becomes final. BASIC INFORMATION PAGE 4 1. Why is this Notice being provided? 2. What is this lawsuit about? 3. Why is the lawsuit a class action? 4. Why is there a Settlement? 5. How do I know if I am part of the Settlement? 6. Are there exceptions to being included in the Settlement? 7. What if I am still not sure whether I am part of the Settlement? THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY PAGE 5 8. What does the Settlement provide? 9. What am I giving up to receive Settlement benefits or stay in the Settlement Class? 10. What are the Released Claims? HOW TO GET BENEFITS FROM THE SETTLEMENT PAGE 7 11. How do I make a claim for Settlement benefits?

Alternative Cash Payment. A Settlement Class Members can elect to make a claim for a $100 Alternative Cash Payment, and California Subclass Members may make a claim for a $200 Alternative Cash Payment (in recognition of their superior statutory claims) in lieu of all the settlement benefits outlined above. To receive this Alternative Cash payment, Settlement Class Members must submit a valid form, but no documentation is required to make this claim. For California Subclass members, a box must be checked attesting that they were a California resident at the time of the Data breach. The amount of the Alternative Cash Payments will be increased or decreased on a pro rata (a legal term meaning an equal share) payment from basis, depending upon the net Settlement Fund, which is $8,800,000 minus payment number of costs of the Settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $2,930,000, Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for valid claims for Ordinary Losses and Extraordinary Losses. Note that if these costs of the Settlement, fees, awards and claims exceed the Settlement Fund, individuals selecting this option may not receive any payment. These rights and options—filed and the deadlines to exercise them—are explained in this Noticeamount of funds available for these payments. Your Legal Rights and Options Deadline Submit a Claim Form You To get Settlement benefits for a Documented Loss Payment, Lost Time Payment, Documented Extraordinary Loss Payment, Credit Monitoring, or an Alternative Cash Payment, you must submit a Claim Form. You do not need to submit a Claim Form by mail or online to receive Settlement benefitsAutomatic Benefits. Month Day, 20YY -DATE- Exclude Yourself Get no Settlement benefits. Keep your right to file your own lawsuit against MCG and Released Parties the Defendant about the legal claims in this case. Month Day, 20YY -DATE- Object Tell the Court why you do not like the Settlement. You will still be bound by the Settlement if the Court approves it. Month Day, 20YY -DATE- Do Nothing Get no Settlement benefits. Be bound by the Settlement. •  These rights and options—and the deadlines to exercise them—are explained in this Notice.  The Court in charge of this case must still decide whether to approve the Settlement and the requested attorneys’ fees and expense awardcosts. No Settlement benefits or payments will be provided unless the Court approves the Settlement, Settlement and it becomes final. BASIC INFORMATION PAGE 4 1. Why is this Notice being provided? 2. What is this lawsuit about? 3. Why is the lawsuit a class action? 4. Why is there a Settlement? 5. How do I know if I am part of the Settlement? 6. Are there exceptions to being included in the Settlement? 7. What if I am still not sure whether I am part of the Settlement? THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY PAGE 5? 8. What does the Settlement provide? 9. What am I giving up to receive Settlement benefits or stay in the Settlement Class? 10. What are the Released Claims? HOW TO GET BENEFITS FROM THE SETTLEMENT PAGE 7 7-8 11. How do I make a claim for Settlement benefits? 12. What happens if my contact information changes after I submit a claim? 13. When will I receive my Settlement benefits? THE LAWYERS REPRESENTING YOU PAGE 8 14. Do I have a lawyer in this case? 15. How will Class Counsel be paid? 16. How do I get out of the Settlement? 17. If I opt out, can I get anything from the Settlement? 18. If I do not opt out, can I sue the Defendant for the same thing later? 19. How do I tell the Court that I do not like the Settlement? 20. What is the difference between objecting and asking to opt out? THE FINAL FAIRNESS HEARING PAGE 10 21. When and where will the Court decide whether to approve the Settlement? 22. Do I have to attend the Final Fairness Hearing? 23. May I speak at the Final Fairness Hearing? IF YOU DO NOTHING PAGE 11 24. What happens if I do nothing at all? GETTING MORE INFORMATION PAGE 11 25. How do I get more information? 1. Why is this Notice being provided? A state court authorized this Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them. The Xxxxxxxxx Xxxxx X. Bledsoe, III of the North Carolina Business Court is overseeing this class action. The case is known as Xxxxxxxx v. Monarch, Case No. 23CVS105 (the “Litigation”). The person who filed this lawsuit is called the “Plaintiff” or “Representative Plaintiff” and the company sued, Monarch, is called “Monarch” or the “Defendant.” 2. What is this lawsuit about? The Plaintiffs allege that on or about August 29, 2022, an unauthorized user launched a ransomware-type cybersecurity attack on Monarch’s network and computer systems (the “Data Breach”), which potentially resulted in unauthorized access to names, dates of birth, Social Security numbers, and protected health information (the “Private Information”) of Settlement Class Members. The Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. The Defendant denies these and all other claims made in the Litigation. By entering into the Settlement, the Defendant is not admitting any wrongdoing. 3. Why is the lawsuit a class action? In a class action, the Representative Plaintiff sues on behalf of all people who have similar claims. Together, all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves (opt out) from the Settlement Class. The Representative Plaintiff in this case is Xxxxxxx Xxxxxxxx. 4. Why is there a settlement? Plaintiff and Defendant do not agree about the claims made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of the Plaintiff or the Defendant. Instead, Plaintiff and Defendant have agreed to settle the Litigation. Plaintiff and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.

Alternative Cash Payment. A In the alternative to the Documented Loss Payment and the Credit Monitoring benefit, Class Members who are not California residents may submit a claim to receive a pro rata Settlement Payment in cash of $250 (“Alterative Cash Payment”). California Class Members may submit a legal term meaning an equal share) payment from the net claim to receive a pro rata Settlement Fund, which is Payment in cash of $8,800,000 minus payment 400 (in recognition of costs of the Settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $2,930,000, Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for claims for Ordinary Losses and Extraordinary Lossestheir superior statutory claims). Note that if these costs of the Settlement, fees, awards and claims exceed the Settlement Fund, individuals selecting this option may not receive any payment. These rights and options—and the deadlines to exercise them—are explained in this Notice. Submit a Claim Form You must Class Members who submit a Claim Form by mail or online for a Cash Fund Payment will not be entitled to receive select any of the other Settlement benefitsBenefits. Month Day, 20YY Exclude Yourself Get no Settlement benefits. Keep your right *The Alternative Cash Payment may be subject to file your own lawsuit against MCG and Released Parties about a pro rata increase/decrease depending on the legal ultimate number of claims in this case. Month Day, 20YY Object Tell the Court why you do not like the Settlement. You will still be bound by the Settlement if the Court approves it. Month Day, 20YY Do Nothing Get no Settlement benefits. Be bound by the Settlement. • The Court in charge of this case must still decide whether to approve the Settlement and the requested attorneys’ fees and expense award. No Settlement benefits or payments will be provided unless the Court approves the Settlement, and it becomes final. BASIC INFORMATION PAGE 4made. 1. Why is this Notice being provided? 2. What is this lawsuit about? 3. Why is the lawsuit a class action? 4. Why is there a Settlement?? WHO IS INCLUDED IN THE SETTLEMENT? PAGES 4-5 5. How do I know if I am part of the Settlement? 6. Are there exceptions to being included in the Settlement? 7. What if I am still not sure whether I am part of the Settlement? THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY PAGE PAGES 5-7 8. What does the Settlement provide? 9. What may cause Settlement benefits to increase or decrease? 10. How do I submit a claim for reimbursement of a Documented Ordinary Loss Payment, Lost Time, Documented Extraordinary Loss, Credit Monitoring, or an Alternative Cash Payment? 11. What am I giving up to receive Settlement benefits or stay in the Settlement Class? 1012. What are the Released Claims? HOW TO GET BENEFITS FROM THE SETTLEMENT PAGE 7 11PAGES 7-8 13. How do I make a claim for Settlement benefits? 14. What happens if my contact information changes after I submit a claim? 15. When will I receive my Settlement benefits? THE LAWYERS REPRESENTING YOU PAGE 8 16. Do I have a lawyer in this case? 17. How will Class Counsel be paid? OPTING OUT FROM THE SETTLEMENT PAGES 8-9 18. How do I get out of the Settlement? 19. If I opt out, can I get anything from the Settlement? 20. If I do not opt out, can I sue the Defendant for the same thing later? OBJECTING TO THE SETTLEMENT PAGES 9-10 21. How do I tell the Court that I do not like the Settlement? 22. What is the difference between objecting and asking to opt out? THE FINAL FAIRNESS HEARING PAGES 10-11 23. When and where will the Court decide whether to approve the Settlement? 24. Do I have to attend the Final Fairness Hearing? 25. May I speak at the Final Fairness Hearing? IF YOU DO NOTHING PAGE 11 26. What happens if I do nothing at all? GETTING MORE INFORMATION PAGE 11 27. How do I get more information? 1. Why is this Notice being provided? 2. What is this lawsuit about? 3. Why is the lawsuit a class action? 4. Why is there a settlement? 5. How do I know if I am part of the settlement?

Alternative Cash Payment. A pro rata (a legal term meaning an equal share) payment from the net Settlement Fund, which is $8,800,000 minus payment of costs of the Settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $2,930,000, Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for claims for Ordinary Losses and Extraordinary Losses. Note that if these costs of the Settlement, fees, awards and claims exceed the Settlement Fund, individuals selecting this option may not receive any payment. These rights and options—and the deadlines to exercise them—are explained in this Notice. Submit a Claim Form You must submit a Claim Form by mail or online to receive Settlement benefits. Month Day, 20YY Exclude Yourself Get no Settlement benefits. Keep your right to file your own lawsuit against MCG XXX and Released Parties about the legal claims in this case. Month Day, 20YY Object Tell the Court why you do not like the Settlement. You will still be bound by the Settlement if the Court approves it. Month Day, 20YY Do Nothing Get no Settlement benefits. Be bound by the Settlement. • The Court in charge of this case must still decide whether to approve the Settlement and the requested attorneys’ fees and expense award. No Settlement benefits or payments will be provided unless the Court approves the Settlement, and it becomes final. BASIC INFORMATION PAGE 4 1. Why is this Notice being provided? 2. What is this lawsuit about? 3. Why is the lawsuit a class action? 4. Why is there a Settlement? 5. How do I know if I am part of the Settlement? 6. Are there exceptions to being included in the Settlement? 7. What if I am still not sure whether I am part of the Settlement? THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY PAGE 5 8. What does the Settlement provide? 9. What am I giving up to receive Settlement benefits or stay in the Settlement Class? 10. What are the Released Claims? HOW TO GET BENEFITS FROM THE SETTLEMENT PAGE 7 11. How do I make a claim for Settlement benefits?