Common use of Certification of the Settlement Class Clause in Contracts

Certification of the Settlement Class. 4.1 If necessary to implement the Settlement, Settlement Class Counsel shall request that the Court enter an order regarding conditional settlement class certification in this Litigation to cover the Settlement Class Period and all claims and individuals covered by this Settlement. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification of the Settlement Class is a conditional certification for settlement purposes only, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Litigation. 4.3 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmart.

Certification of the Settlement Class. 4.1 If necessary to implement the Settlement, Settlement Class Counsel shall request that the Court enter an order regarding conditional settlement class certification in this Litigation to cover the Settlement Class Period and all claims and individuals covered by this Settlement32. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification Within 30 days of the Settlement Class is a conditional certification for settlement purposes only, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, as part of the Preliminary Approval process described below in paragraph 34, Plaintiff and neither Class Counsel shall seek certification from the Court of a Settlement Class defined as follows: All open market commercial and industrial customers that contracted with Georgia Waste or an affiliate operating under the Waste Management trade name for waste collection and disposal or recycling services in the State of Georgia from December 29, 2010 through Preliminary Approval, and paid one or more of the following fees: regulatory cost recovery fees, overage fees, container service fees, administrative fees, container fees, rental fees, haul fees, tonnage fees, or fuel and environmental fees, excluding only those customers who contracted to have any disputes resolved exclusively via arbitration on an individual, non-class basis. 33. For purposes of this Settlement Agreementonly, nor any Georgia Waste agrees to the certification of its accompanying exhibits the Settlement Class. Nothing in this Settlement Agreement shall be construed as an admission by Defendant or any orders entered by other Released Persons that this Action is amenable to class certification for purposes of a trial or contested proceeding. If the Court declines to approve the Settlement, or if the Court changes the Settlement Class composition or the terms of the Settlement in connection any material way not acceptable to Georgia Waste after reasonable consultation with this Settlement AgreementClass Counsel, shall be admissible or used for any purpose in this Litigation. 4.3 Any if certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate approval of the Settlement of this Litigation in this jurisdictionis reversed, the or if certification of the Settlement Class for settlement purposes and all documents related theretoor approval of the Settlement is changed upon appeal or review in any material way not acceptable to Georgia Waste after reasonable consultation with Class Counsel, including Georgia Waste shall have the right to terminate the Settlement pursuant to Section XVII, infra. In the event final approval of this Settlement Agreement and all accompanying exhibits and all orders entered is not granted by the Court in connection with and/or the Settlement embodied herein does not become effective, the Parties shall be returned to the status quo ante, and the Action shall proceed as if this Agreement, are only intended to be used under the specific facts Agreement had never been negotiated or executed and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmartno Settlement Class had been certified.

Certification of the Settlement Class. 4.1 If necessary to implement the Settlement, Settlement 3.1. Class Plaintiffs and Class Counsel shall request propose, without objection from the Town, that the Court enter an order regarding conditional settlement class certification in this Litigation to cover Court: (1) certify the Settlement Class Period for settlement purposes only under Rule 23 of the North Carolina Rules of Civil Procedure; (2) appoint Class Plaintiffs as the representatives for the Settlement Class; (3) appoint Class Counsel as legal counsel for the Settlement Classes; 3.2. The Town without admitting that the proposed settlement class in the Action meets the requisites for certification of a litigation class under North Carolina Rule of Civil Procedure 23 or for class certification for any purpose other than this settlement, hereby consents, on each and all claims of the terms and individuals covered by this Settlement. The form conditions set forth herein, and solely for purposes and in consideration of class certification order shallthe Settlement set forth herein, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification of the Settlement Classes, to the appointment of Class is a conditional certification Counsel as legal counsel for settlement purposes onlythe Settlement Class, and that Walmart retains its right to object to certification the appointment of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification Class Plaintiffs as the representatives of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Class. 3.3. The Court, or if for any reason the Settlement Effective Date does not occur, the ’s certification of the Settlement Class for settlement purposes only shall modify and supersede all prior class certification orders in this case, and shall not be deemed to be an adjudication of any fact or issue for any purpose other than the accomplishment of the provisions of this Settlement and this Agreement, and shall not be considered as law of the case, res judicata, collateral estoppel or judicial estoppel in the Action or in any other proceeding unless and until the Final Order and Judgment is entered. Whether or not the Final Order and Judgment is entered, the Parties’ stipulation to class certification for settlement purposes only (and any and all statements or submission made by the Parties in connection with seeking the Court’s approval of the Settlement and this Agreement) shall not be deemed to be any stipulation or grounds for estoppel as to the propriety of class certification, nor any admission of fact or law regarding any request for class certification, in any other action or proceeding, whether or not involving the same or similar claims. In the event the Settlement and this Agreement are not approved, or the Final Order and Judgment is not entered, or this Agreement is terminated, cancelled, or fails to become effective for any reason whatsoever, the Parties’ stipulation to certification of the Settlement Classes for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior nothing in this Agreement or other papers or proceedings related to execution of this the Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible used as evidence or used for argument by any purpose in this Litigation. 4.3 Any certification of Party concerning whether the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for Action may properly be maintained as a class action treatment under applicable law, especially, but not solely, with respect and the Town of Apex may continue to predominance and manageability because oppose certification on any available grounds. In the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate event the Settlement of and this Litigation Agreement are not approved, or the Final Order and Judgment is not entered, or this Agreement is terminated, cancelled, or fails to become effective for any reason whatsoever, nothing in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including or this Agreement and all accompanying exhibits and all orders entered by the Court shall be admissible in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in or any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmartcourt under any circumstances.

Certification of the Settlement Class. 4.1 If necessary 63. For Settlement purposes only, Plaintiff and Allstate agree to implement the Settlement, Settlement Class Counsel shall request that ask the Court enter an order regarding conditional settlement class certification in this Litigation to cover certify the Settlement Class Period and all claims and individuals covered under Federal Rule of Civil Procedure 23. 64. Nothing in this Settlement Agreement shall be construed as an admission by Allstate that this SettlementAction or any similar case is amenable to class certification. Furthermore, nothing in this Settlement Agreement shall prevent Allstate from opposing class certification or seeking decertification of the Settlement Class if final approval of this Settlement Agreement is not obtained, or not upheld on appeal, including review by the United States Supreme Court, for any reason. Allstate supports certification of the class for settlement purposes only. 65. The form of class certification order shallParties stipulate and agree that, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification should be conditionally certified pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure solely for the purposes of the Settlement Class is a conditional certification for settlement purposes onlyembodied in this Settlement Agreement. If, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlementreason, or if final approval this Settlement Agreement is not granted following the appeal of any order approved by the Court, or if the stipulation for any reason certification and all of the Settlement Effective Date agreements contained herein shall be considered null and void as provided in Paragraph 110. 66. Allstate does not occur, consent to the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all (or to the propriety of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used class treatment) for any purpose in other than to effectuate this LitigationSettlement. Allstate’s agreement to provisional certification does not constitute an admission of wrongdoing, fault, liability, or damage of any kind, or that any class certification would be appropriate for litigation or any other purpose other than to effectuate this Settlement. 4.3 Any certification of 67. If for any reason the Effective Date does not occur or this Settlement Agreement is terminated, disapproved by any court (including any appellate court), or not consummated for any reason, the order certifying the Settlement Class for purposes of effectuating the Settlement (and all preliminary and final findings regarding that settlement purposes is in no way an admission by Walmart that class certification order) shall be automatically vacated upon notice of the same to the Court. The Action shall then proceed as though such findings had never been made. Additionally, the Parties and their counsel shall not refer to or invoke the vacated findings and/or order relating to class settlement or Rule 23 of the Federal Rules of Civil Procedure if this Settlement Agreement is proper in this Litigation not consummated, and the Action is later litigated and contested by Allstate under Rule 23 or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, equivalent statute or other court, tribunal, forum, or other proceeding against Walmartrule.

Certification of the Settlement Class. 4.1 If necessary 1. Plaintiff brought this Lawsuit on behalf of himself and a proposed class of persons were invoiced by Defendant amounts allegedly owed for a prior debt, arising out of a Qualified Health Plan (“QHP”) issued by Defendant to implement each Class Member, in order to obtain a new QHP from Defendant during the Settlementperiod of time between January 1, 2014 and December 31, 2017. The Lawsuit alleged that this was in violation of the guaranteed availability provisions of the Affordable Care Act and gave rise to claims for negligence, breach of fiduciary duty, and/or breach of duty of good faith and fair dealing under Indiana law. 2. Defendant disputes that its actions were in violation of the guaranteed availability provisions of the ACA or give rise to liability under the theories identified by the Complaint, or any other, and Defendant denies all liability to the Settlement Class. 3. Both Class Counsel shall request and Defendant have conducted significant investigation, discovery, and research relating to the claims, facts, and defenses, and both Class Counsel and Defendant believe that this Settlement is fair, reasonable, adequate, and in the best interests of the parties and that it should be approved by the Court enter under Indiana Trial Rule 23(E). 4. The Court previously entered an order regarding conditional settlement class certification in this Litigation granting preliminary approval to cover the Settlement Class Period Agreement in which the Court, among other things, certified the following Settlement Class: All individuals who were invoiced for a prior debt when seeking to enroll in or effectuate a MDwise Marketplace QHP during the period of time between January 1, 2014 and all claims and individuals covered by this SettlementDecember 31, 2017. 5. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that reaffirms its prior certification of the Settlement Class. It also reaffirms its prior appointment of the Plaintiff as the Class is a conditional certification for settlement purposes onlyRepresentative of the Settlement Class, and that Walmart retains its right to object to certification his counsel, Cox Law Office, as Class Counsel for the purposes of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provisionadministering and implementing the Settlement Agreement. 4.2 Any certification 6. In the order granting preliminary approval to the Settlement Agreement, the Court also directed dissemination of notice to the members of the Settlement Class is a conditional certification for settlement purposes onlythrough direct mail. The notice informed the Settlement Class of, among other things, the terms of the Settlement Agreement; the time, place, and if for any reason the Court does not grant final approval purpose of the Settlement, or if final approval is not granted following Fairness Hearing; and the appeal of any order methods by the Court, or if for any reason which Settlement Class members may exclude themselves from the Settlement Effective Date does not occurAgreement or object to the terms of the Settlement Agreement. 7. As set forth in an affidavit filed by Class Counsel, the certification Settlement Administrator has disseminated notice to members of the Settlement Class for settlement purposes shall be deemed null and voidas previously ordered by the Court. 8. The Court conducted a hearing on , 20 to consider whether to grant final approval to, and each Party shall retain all of their respective rights as they existed prior to execution of this enter final judgment on, the Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Litigation. 4.3 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmart.

Certification of the Settlement Class. 4.1 If necessary Inventure, while continuing to implement deny that the Action meets the requisites for class certification under Fed. R. Civ. P. 23 for any purpose other than settlement, consents, solely for purposes and in consideration of the Settlement, to the certification of the Settlement Class, to the appointment of Class Counsel, and to the conditional approval of Plaintiff as a representative of the Class. The certification of the Settlement Class, the appointment of Plaintiff as the Class representative, and the appointment of Plaintiff’s Counsel as Class Counsel, shall request be binding only with respect to this Agreement and the Settlement. If the Court fails to approve this Agreement and the Settlement for any reason, or if this Agreement and the Settlement is terminated, cancelled, or fails to become effective for any reason whatsoever, this class certification, to which the Parties have stipulated solely for the purposes and in consideration of the Settlement of this Action, this Agreement, and all the provisions of the Preliminary Approval Order, Final Order and Final Judgment, shall be vacated by their own terms, and the litigation of the Action shall revert to its status with respect to class certification and otherwise as it existed prior to the date of this Agreement. In that event, Inventure shall retain all rights it had immediately preceding the execution of this Agreement, including, inter alia, to object to the maintenance of the Action as a class action and to the merits of any of Plaintiff’s claims, and in that event, nothing in this Agreement or other papers or proceedings related to the Settlement shall be used as evidence or argument by any party concerning whether the Action may properly be maintained as a class action under applicable law, whether any of Plaintiff’s claims or Inventure’s defenses have any merit, whether Inventure is liable to Plaintiff and the putative Class, and whether Plaintiff and the putative Class suffered damages. The Parties and their respective counsel agree not to disparage each other, Releasing Parties, Released Parties and the Products in any manner likely to be harmful to them or their personal, business, market, brand or legal reputations. Further, the Parties and their respective counsel agree not to discuss the terms of this Settlement with the news media unless and until dissemination of Class Notice is approved by the Court, except as provided in this paragraph. If contacted by the media for comment before dissemination of Class Notice, the Parties and their respective counsel shall simply state that the Court enter an order regarding conditional settlement class certification in this Litigation to cover matter has been resolved and the Settlement Class Period and all claims and individuals covered by this Settlement. The form of class certification order shall, resolution is subject to Court approval. If contacted by the news media at any time after dissemination of Class Notice, expressly the Parties and their respective counsel shall simply state that the Parties and Settlement Class Counsel agree that certification of matter has been resolved, and, if contacted prior to the Settlement Class is a conditional certification for settlement purposes only, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant Court’s final approval of the Settlement, that the resolution is subject to court approval, and that consumers may visit www.attorneyzim.com for Class Counsel’s contact information and further information regarding the Settlement. If contacted after the Final Settlement Date, the Parties and their respective counsel shall simply state that the matter has been resolved. Nothing contained in this Section III is intended to or if final approval is not granted following shall have the appeal effect of any order by limiting or restricting the CourtParties’ counsels’ ability to practice law, or if for from discussing any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits matters with current or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Litigationfuture clients. 4.3 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmart.

Certification of the Settlement Class. 4.1 If necessary to implement 3.1 Defendant disputes that a class could be certified on the Settlement, Settlement Class Counsel shall request that the Court enter an order regarding conditional settlement class certification claims asserted in this Litigation Action. However, solely for purposes of avoiding the expense and inconvenience of further litigation, Defendant does not oppose the certification, with respect to cover the Settlement Class Period and all claims and individuals covered by set forth in this SettlementAgreement only, of the Settlement Class. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that Preliminary certification of the Settlement Class is will not be deemed a conditional certification for settlement purposes only, and concession or admission that Walmart retains its right to object to certification of a class is appropriate, nor would Defendant be precluded from challenging class certification in further proceedings in this Litigation, Lawsuit or in any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification of action if the Settlement Class Agreement is a conditional certification for settlement purposes only, and if not finalized or finally approved. If the Settlement Agreement is terminated for any reason whatsoever or is not finally approved by the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occurwhatsoever, the certification of the Settlement Class for settlement purposes will be void, and no doctrine of waiver, estoppel, or preclusion will be asserted in any litigated certification proceedings in this Lawsuit. No agreements made by or entered into by Defendant in connection with the Settlement Agreement may be used by Plaintiff, any person in the Settlement Class, or any other person to establish any of the elements of class certification in any litigated certification proceedings, whether in this Lawsuit or any other judicial proceeding. Furthermore, any evidence relating to this Agreement, other than that obtained through ordinary discovery procedures or from third party sources by the litigants which is offered in support of the Settlement shall be deemed null privileged and void, and each Party shall retain all of their respective rights as they existed prior protected to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered the fullest extent by the Court law pertaining to statements made in connection with this mediation and offers of compromise. 3.2 The “Settlement Agreement, Class” shall be admissible or used for any purpose in this Litigation. 4.3 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmart.defined as follows:

Certification of the Settlement Class. 4.1 1. If necessary to implement the Settlement, Settlement Class Counsel shall request that the Court enter an order regarding conditional settlement class certification in this Litigation Action to cover the Settlement Class Period and all claims and individuals covered by this Settlement. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification of the Settlement Class is a conditional certification for settlement purposes only, and that PRA and Walmart retains its right retain their rights to object to certification of this LitigationAction, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 2. Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution Execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this LitigationAction. 4.3 3. Any certification of the Settlement Class for settlement purposes is in no way an admission by either PRA or Walmart that class certification is proper in this Litigation Action or any other litigation action against PRA or Walmart. Moreover, PRA and Walmart continues continue to assert that this Litigation Action fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent consistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation Action in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against PRA or Walmart.

Certification of the Settlement Class. 4.1 If necessary Subject to implement Court approval, the Settlement, Settlement Class Counsel Parties shall request that the Court enter an order regarding conditional settlement class certification in this Litigation to cover conditionally certifying the Settlement Class Period for purposes of settlement. As set forth above, the Settlement Class includes: 4.2 The Parties may request that the Court certify additional settlement subclasses as agreed, if appropriate. 4.3 Plaintiff shall file a motion requesting that the District Court enter an order conditionally certifying the Settlement Class for settlement purposes and covering all claims and individuals covered released by this Settlement. The form of class any settlement certification order orders shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification of the Settlement Class is a conditional certification for settlement purposes only, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rule 23 or any other applicable rule, statute, law, or provision. 4.2 4.4 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the District Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the District Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits Exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Litigation. 4.3 4.5 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that adversarial class certification in this Litigation fails would fail to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make the case unmanageable and inconsistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits Exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmart. 4.6 This Settlement is conditioned on the Court’s certifying the Settlement Class for settlement purposes.

Certification of the Settlement Class. 4.1 If necessary to implement the Settlement, Settlement Class Counsel shall request that the Court enter an order regarding conditional settlement class certification in this Litigation to cover the Settlement Class Period and all claims and individuals covered by this Settlement. The form of class certification order shall, subject to Court approval, expressly state that the Parties and Settlement Class Counsel agree that certification of the Settlement Class is a conditional certification for settlement purposes only, and that Walmart retains its right to object to certification of this Litigation, or any other class action, under Federal Rules of Civil Procedure Rule 23 or any other applicable rule, statute, law, or provision. 4.2 Any certification of the Settlement Class is a conditional certification for settlement purposes only, and if for any reason the Court does not grant final approval of the Settlement, or if final approval is not granted following the appeal of any order by the Court, or if for any reason the Settlement Effective Date does not occur, the certification of the Settlement Class for settlement purposes shall be deemed null and void, and each Party shall retain all of their respective rights as they existed prior to execution of this Settlement Agreement, and neither this Settlement Agreement, nor any of its accompanying exhibits or any orders entered by the Court in connection with this Settlement Agreement, shall be admissible or used for any purpose in this Litigation. 4.3 Any certification of the Settlement Class for settlement purposes is in no way an admission by Walmart that class certification is proper in this Litigation or any other litigation against Walmart. Moreover, Walmart continues to assert that this Litigation fails to meet the prerequisites necessary for class action treatment under applicable law, especially, but not solely, with respect to predominance and manageability because the need to determine individualized issues make makes the case unmanageable and inconsistent consistent with due process. The Parties and Settlement Class Counsel further agree that, other than to effectuate the Settlement of this Litigation in this jurisdiction, the certification of the Settlement Class for settlement purposes and all documents related thereto, including this Agreement and all accompanying exhibits and all orders entered by the Court in connection with this Agreement, are only intended to be used under the specific facts and circumstances of this case and are not intended to be used in any other judicial, arbitral, administrative, investigative, or other court, tribunal, forum, or other proceeding against Walmart.