Common use of Class Certification Clause in Contracts

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16, 2015 and September 16, 2020, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offer. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx will be appointed as Class Representative. F. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this Agreement; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff shall submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, and any class representative service payment, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class “Class” (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16March 2, 2015 2016 and September 16November 5, 2020, purchased software or another product from Defendants and to whom Defendants made , (i) enrolled in an automatic renewal offer or continuous service offerprogram through Consumer Reports for Consumer Reports magazine, Consumer Reports On Health, Consumer Reports Online, and/or Consumer Reports All Access, and (ii) were charged for an automatic renewal of such subscription. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. C. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxxxx and Xxxxx will be appointed as Class RepresentativeRepresentatives. F. D. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties agree that CPT Group, Inc. will be the “Settlement Administrator. .” The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff E. Plaintiffs shall timely submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Class Notice, the mailed Summary Class Notice, the Long Form Class Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The Parties agree to cooperate in obtaining preliminary approval as soon as the Court’s calendar will permit. The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”) (also referred to herein as the “Class Definition”): All individuals who, while residing in California whoand between February 14, between December 162019 and June 6, 2015 and September 162023, 2020inclusive, purchased software or another product from Defendants and a subscription through the website xxx.XxxxxxXX.xxx, limited to whom Defendants made an automatic renewal offer or continuous service offerindividuals who did not receive a full refund. Excluded from the Class are all employees of DefendantsDefendant, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Second Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the ClassClass Definition. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Second Amended Complaint. C. The Parties will request Complaint and that the Defendants shall Defendant be deemed to have denied all material allegations of the First Second Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kindAnswer. D. C. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. D. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxx Xxxxxx will be appointed as the Class RepresentativeRepresentative to represent the Class. F. E. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for, inter alia: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence, if necessary; mailing transmitting settlement checks payments to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. F. Plaintiff shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice (proposed forms for the emailed Summary Notice, the mailed Summary Notice, Notice and the Long Form Notice, and the paper Claim Form Notice are attached hereto as Exhibits A, A and B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, and any class representative service payment, should be finally approved as fair, reasonable, and adequate as to the Class. The Parties will cooperate to obtain preliminary approval as soon as feasible pursuant to the Court’s procedures, which may include an ex parte application to specially set a hearing date.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Settlement Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16January 1, 2015 and September 1623, 20202021, purchased software enrolled in at least one automatic-renewal or another product from Defendants continuous-service magazine subscription for a Hearst publication directly through Defendants, paid for at least one renewal for a subscription, and to whom Defendants made an automatic renewal offer or continuous service offerused a California street address as the shipping address for that subscription. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s Plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. C. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Nakai, Arnold, and Xxxxxxx will be appointed as Class RepresentativeRepresentatives. F. D. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff E. Plaintiffs shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The Parties agree to cooperate in obtaining preliminary approval as soon as the Court’s calendar will permit. The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16July 26, 2015 and September 16March 5, 2020, purchased software were enrolled by, or another product from Defendants and to whom Defendants made on behalf of, Trusted Media Brands, Inc. or its affiliates in an automatic renewal offer or continuous service offerprogram. Excluded from the Settlement Class are all employees of DefendantsTrusted Media Brands, Inc., all employees of Plaintiff’s plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. C. Solely for the purpose of effectuating this the Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxxxxx and Tovey will be appointed as Class RepresentativeRepresentatives. F. D. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff E. Plaintiffs shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The Parties agree to cooperate in obtaining preliminary approval as soon as the Court’s calendar will permit. The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely X. Xxxxxx for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California residents who, between December 16March 14, 2015 2018 and September 16October 7, 20202022, purchased software were both (i) enrolled in either the Bradford Rewards program or another product from Defendants the Hammacher Rewards program and to whom Defendants made an automatic renewal offer or continuous service offer(ii) charged at least one membership fee for such program. Excluded from the Class are all employees of DefendantsXxxxxxxx and Hammacher, all employees of Plaintiff’s Plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. The Motion for Preliminary Approval is scheduled to be heard on October 7, 2022. Should the date for the Preliminary Approval hearing be moved due to any request or action by Plaintiffs or Plaintiffs’ counsel, the end date of the settlement class period, currently October 7, 2022, as set forth above in Section III.A., shall be extended to the date on which the Motion for Preliminary Approval is ultimately heard by the Court. C. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Second Amended Complaint (SAC) in the Bradford action which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class, adds Xxxxxxxxx as a named defendant, and adds Xxxx as a named plaintiff. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request SAC in the Bradford action, and that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint SAC without the necessity of Defendants filing an answer a responsive pleading. Upon the filing of a motion for preliminary approval in the Bradford action, the parties to the First Amended ComplaintHammacher action will request a stay of further proceedings in Case No. If the Settlement is not granted final 37-2022-00010651-CU-BT-CTL pending completion of settlement approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kindproceedings in Bradford. D. Solely X. Xxxxxx for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class Classes (“Class Counsel”). E. Solely X. Xxxxxx for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Zierold, Trimble, and Xxxx will be appointed as the Class RepresentativeRepresentatives. F. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for, inter alia: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing transmitting settlement checks payments to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff Plaintiffs shall promptly submit this Agreement to the Court in the Bradford Action along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely X. Xxxxxx for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California residents who, between December 16October 9, 2015 2018 and September 16April 26, 20202022, purchased software or another product from Defendants were both (i) enrolled in the Collections Etc. Premier Savings program and to whom Defendants made an automatic renewal offer or continuous service offer(ii) charged at least one membership fee for such program. Excluded from the Class are all employees of DefendantsWinston Brands, all employees of Plaintiff’s Plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Second Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Second Amended Complaint. C. The Parties will request Complaint and that the Defendants shall Defendant be deemed to have denied all material allegations of the First Second Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kindAnswer. D. Solely X. Xxxxxx for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx Hannink LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely X. Xxxxxx for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxxxx, Xxxx, Xxxxxxx, and Xxxxx will be appointed as the Class RepresentativeRepresentatives. F. E. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for, inter alia: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing transmitting settlement checks payments to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff F. Plaintiffs shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California residents who, between December 16July 30, 2015 and September 16the Preliminary Approval Date, 2020, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offerwere enrolled by Disney in the Disney Movie Club. Excluded from the Class are all employees of DefendantsDisney, all employees of Plaintiff’s Plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Second Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the ClassClass and adds De leon, Gonzalez, and Lanesey as additional named plaintiffs and class representatives. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Second Amended ComplaintComplaint (a copy of which will be lodged with the motion). C. The Parties will request that Within five (5) court days after the Defendants shall be deemed to have denied all material allegations filing and electronic service of the First Second Amended Complaint Complaint, Defendant shall file an Answer without demurring or moving to strike the necessity of Defendants filing an answer to the First Second Amended Complaint. If However, if the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Second Amended Complaint shall be stricken stricken, (b) the Answer to the Second Amended Complaint shall be withdrawn, and (bc) the Parties will return to the status quo ante as if no Settlement had been entered into, including placing on the Court’s calendar hearing dates for Defendant’s Demurrer to the FAC and Motion to Strike Portions of the FAC and Plaintiffs’ Motions to Compel. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxxxx, Xxxxx-Ward, Peterson, De leon, Gonzalez, and Lanesey will be appointed as Class RepresentativeRepresentatives. F. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff On statutory notice for the December 4, 2020 scheduled hearing, Plaintiffs shall submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, and any class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16May 17, 2015 and September 16June 30, 20202019, purchased software or another product from Defendants and to whom Defendants made an were enrolled in Defendants’ automatic renewal offer or continuous service subscription for a product or offer, and did not receive before June 30, 2019 a refund in the full amount(s) paid to Defendants in connection with such subscriptions. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers officer to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties parties stipulate to the filing of a First Second Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part Promptly upon entry of an order granting preliminary approval of the motion for preliminary approvalSettlement, the Parties parties will request that submit to the Court grant leave a stipulation and proposed order for the filing of the First Second Amended Complaint. C. The Parties will request that Within three (3) court days after the filing of said Second Amended Complaint, Defendants shall be deemed to have denied all material allegations of the First Amended Complaint file an Answer without the necessity of Defendants filing an answer any pleading challenges to the First Second Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. MoreoverHowever, if the Settlement is not granted final approval by the Court, the Parties parties stipulate and agree that (a) the Second Amended Complaint shall be deemed stricken, (b) the Answer to have preserved all of their rights or defenses as of the date of this AgreementSecond Amended Complaint shall be withdrawn, and shall not be deemed (c) the parties will return to have waived any substantive or procedural rights of any kindthe status quo ante. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties parties stipulate that XxXxxxxxx Xxxxxxxx will be appointed as Class Representative. F. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The parties agree to cooperate in obtaining preliminary approval as soon as the Court’s calendar will permit. The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and a class representative service payment, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely X. Xxxxxx for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California residents who, between December 16June 10, 2015 2016 and September 16February 15, 20202022, purchased software or another product from Defendants were both (i) enrolled in any PGI VIP membership program, and to whom Defendants made an automatic renewal offer or continuous service offer(ii) charged at least one membership fee for such program. Excluded from the Class are all employees of DefendantsDefendant, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the The Parties stipulate to the filing that, upon entry of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for an order granting preliminary approval, Plaintiff will file a Second Amended Complaint that defines the Parties will request that Class as set forth above. The term “PGI VIP membership program” consists of VIP programs relating to the Court grant leave for the filing of the First Amended Complaintfollowing brands: Cuddledown, NorthStyle, The Pyramid Collection, Serengeti, In The Company Of Dogs, Magellan’s, Catalog Favorites, Young Explorers, Back In The Saddle, Whatever Works, Country Store, Potpourri, Expressions, Nature’s Jewelry, The Stitchery, SageFinds, TravelSmith, and Chadwicks. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely X. Xxxxxx for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely X. Xxxxxx for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxx will be appointed as the Class Representative. F. E. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for, inter alia: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing transmitting settlement checks payments to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. F. Plaintiff shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California residents who, between December 16July 30, 2015 and September 16the Preliminary Approval Date, 2020, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offerwere enrolled by Disney in the Disney Movie Club. Excluded from the Class are all employees of DefendantsDisney, all employees of Plaintiff’s Plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Second Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the ClassClass and adds Xx xxxx, Xxxxxxxx, and Xxxxxxx as additional named plaintiffs and class representatives. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Second Amended ComplaintComplaint (a copy of which will be lodged with the motion). C. The Parties will request that Within five (5) court days after the Defendants shall be deemed to have denied all material allegations filing and electronic service of the First Second Amended Complaint Complaint, Defendant shall file an Answer without demurring or moving to strike the necessity of Defendants filing an answer to the First Second Amended Complaint. If However, if the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Second Amended Complaint shall be stricken stricken, (b) the Answer to the Second Amended Complaint shall be withdrawn, and (bc) the Parties will return to the status quo ante as if no Settlement had been entered into, including placing on the Court’s calendar hearing dates for Defendant’s Demurrer to the FAC and Motion to Strike Portions of the FAC and Plaintiffs’ Motions to Compel. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxxxx, Xxxxx-Ward, Xxxxxxxx, Xx xxxx, Xxxxxxxx, and Xxxxxxx will be appointed as Class RepresentativeRepresentatives. F. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff On statutory notice for the December 4, 2020 scheduled hearing, Plaintiffs shall submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, and any class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16May 17, 2015 2012 and September 16October 8, 20202018, purchased software or another product from Defendants and to whom Defendants made were enrolled by Synapse in an automatic renewal offer or continuous service offermagazine subscription. Excluded from the Class are all employees of DefendantsSynapse, all employees of Plaintiff’s plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and which, among other things, sets forth the foregoing definition of the Class, adds Price, Edgemon, Davenport, Bergeron, and Xxxxxxxx as named plaintiffs in the Xxxx action, and adds claims for monetary relief in the Xxxx action. As part Promptly upon execution of the motion for preliminary approvalthis Agreement, the Parties plaintiff Xxxx and defendants will request that submit to the Court grant leave a stipulation and proposed order for the filing of the First Amended Complaint. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations Within three (3) court days of the filing of said First Amended Complaint Complaint, defendants shall file an Answer without the necessity of Defendants filing an answer any pleading challenges to the First Amended Complaint. If However, if the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and stricken, (b) the Answer to the First Amended Complaint shall be withdrawn, and (c) the Parties will endeavor to return the litigation as nearly as practicable to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kindante. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxx, Price, Edgemon, Davenport, Bergeron, and Xxxxxxxx will be appointed as Class RepresentativeRepresentatives. F. Subject to the Parties’ right to jointly propose a different service provider, and subject to Court approval, the Parties parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing settlement checks to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff After the filing of the First Amended Complaint, plaintiffs shall promptly submit this Agreement to the Court along with a motion for (1) preliminary approval of class action settlement, conditional certification settlement (the proposed form of the Class, and approval of class notice (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are Preliminary Approval Order is attached hereto as Exhibits Exhibit A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, and any class representative service payment, should be finally approved as fair, reasonable, and adequate as to the Class.,

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between January 31, 2016 and December 162, 2015 2021, were enrolled in a JustAnswer membership in connection with or at the conclusion of a trial period and September 16whose account was created with a California zip code for billing purposes, 2020, purchased software excluding individuals who (i) were enrolled in a membership after utilizing JustAnswer’s services on a pay-per-question basis or another product from Defendants and (ii) received a complete refund of all amounts paid to whom Defendants made an automatic renewal offer or continuous service offerJustAnswer. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, Plaintiffs’ counsel and the judicial officers officer(s) to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request Complaint and that the Defendants shall Defendant be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kindAnswer. D. C. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. D. Solely for the purpose of effectuating this the Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxx Xxxxxxx and Xxxx X’Xxxxx will be appointed as Class RepresentativeRepresentatives. F. E. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing transmitting settlement checks payments to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff F. Plaintiffs shall submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the and Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, and C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, and any class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Settlement Class (the members of which are referred to as the “Class Members”): All individuals California residents who were charged for a membership in California whoID Sentinel Alert by AmeriMark Direct LLC or Xx. Xxxxxxx’x Healthcare Corp. between July 31, between December 162016 and November 23, 2015 and September 16, 2020, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offer2021. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the The Parties stipulate to the filing of a First Second Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth that includes the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended ComplaintClass definition. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. D. Solely for the purpose of effectuating this Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Xxxxx will be appointed as Class Representative. F. E. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; preparing a declaration regarding its due diligence; mailing transmitting settlement checks payments to Class Members; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. F. Plaintiff shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, the Long Form Notice, and the paper Claim Form are attached hereto as Exhibits A, B, C, and D, respectively). The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.

Class Certification. A. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate to class certification of the following Class (the members of which are referred to as the “Class Members”): All individuals in California who, between December 16November 12, 2015 2016, and September 16March 10, 20202021, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offerentered into a rental-purchase agreement with Snap RTO LLC in the State of California that included provisions providing for payment of a Processing Fee and/or a Nonsufficient Funds Fee (“NSF Fee”). Excluded from the Class are persons who have entered into an agreement with Snap that effects a release of claims that would otherwise be within the scope of this action. Also excluded from the Class are all employees of Defendants, all employees of Plaintiff’s Plaintiffs’ counsel, and the judicial officers to whom this case is assigned. B. Solely for the purpose of effectuating the Settlement, the Parties stipulate to the filing of a First Amended Complaint which identifies Bitdefender S.R.L. and Avangate B.V. as Defendants and sets forth the foregoing definition of the Class. As part of the motion for preliminary approval, the Parties will request that the Court grant leave for the filing of the First Amended Complaint. C. The Parties will request that the Defendants shall be deemed to have denied all material allegations of the First Amended Complaint without the necessity of Defendants filing an answer to the First Amended Complaint. If the Settlement is not granted final approval by the Court, the Parties stipulate and agree that (a) the First Amended Complaint shall be stricken and (b) the Parties will return to the status quo ante as if no Settlement had been entered into. Moreover, if the Settlement is not granted final approval by the Court, the Parties shall be deemed to have preserved all of their rights or defenses as of the date of this Agreement, and shall not be deemed to have waived any substantive or procedural rights of any kind. D. Solely for the purpose of effectuating the Settlement, and subject to Court approval, the Parties stipulate that the law firm of Dostart Xxxxxxx & Xxxxxxx LLP will be appointed as counsel for the Class (“Class Counsel”). E. C. Solely for the purpose of effectuating this the Settlement, and subject to Court approval, the Parties stipulate that XxXxxxxxx Jacquess, Spruell, Tisdale, Bolden, Sims, and Xxxxx will be appointed as the Class RepresentativeRepresentatives. F. D. Subject to Court approval, and subject to the Parties’ right to jointly propose a different service provider, and subject to Court approvaladministration firm, the Parties agree that CPT Group, Inc. will be the Settlement Administrator. The Settlement Administrator will be responsible for: disseminating the mailed Summary Class Notice as described in this AgreementNotice; establishing and maintaining the Settlement Website; researching and updating addresses through skip-traces and similar means, if and to the extent necessary; receiving and validating claims, as described in this Agreement; receiving any requests for exclusion or objections; preparing a declaration regarding its due diligence; mailing settlement checks coordinating payments to qualifying Class Members, whether by check or otherwise; and doing such other things as the Parties or the Court may direct in order to effectuate the Settlement. G. Plaintiff E. Plaintiffs shall promptly submit this Agreement to the Court along with a motion for preliminary approval of class action settlement, conditional certification of the Class, and approval of class notice of the proposed settlement (proposed forms for the emailed Summary Notice, the mailed Summary Notice, and the Long Form Notice, and the paper Claim Form Notice are attached hereto as Exhibits A, B, and C, and D, respectively). The Parties agree to cooperate in obtaining preliminary approval as soon as the Court’s calendar will permit. The preliminary approval motion will also ask the Court to schedule a fairness hearing on the question of whether the proposed settlement, including payment of attorneys’ fees, reimbursement of litigation expenses, fees and any costs and class representative service paymentpayments, should be finally approved as fair, reasonable, and adequate as to the Class.