Common use of Confidentiality of Settlement Negotiations Clause in Contracts

Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statements, positions, and offers made during settlement negotiations relating to the Class Action and the Settlement Agreement. Accordingly, neither the negotiations, nor any agreement between the Settling Parties (including November 12, 2020 Memorandum of Understanding) may be disclosed, except: (i) insofar as may be necessary to obtain court approval of the Settlement; (ii) to management employees of Defendant and other employees of Defendant as necessary to implement the Settlement, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant to meet any federal, state or local reporting obligations; (v) to enforce its terms; (vi) to Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, or insurers, or (vii) as otherwise required by law. Provided however, that any such person or entity to whom information is disclosed must promise in writing: (a) that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at it is filed with the Court. 12.2 Class Counsel will establish a Settlement Website on which it will post the following documents or links to the following documents on or following the date of the Preliminary Order: the operative Complaint; Settlement Agreement and its Exhibits; Settlement Notice; Class Representative’s Motions for Preliminary and Final Approval of the Settlement, Attorneys’ Fees and Costs and Award of Compensation to Class Representative, with any accompanying briefs and exhibits; any Court orders related to the Settlement; any amendments or revisions to these documents; and any other documents or information mutually agreed upon by the Settling Parties (“Settlement Website Information”). No other information or documents will be posted on the Settlement Website unless agreed to in advance by the Settling Parties in writing. Class Counsel will take down the Settlement Website ninety (90) calendar days after the Settlement Administrator certifies that distribution of the Qualified Settlement Fund is complete. 12.3 Within thirty (30) calendar days of the filing of the motion for preliminary approval of the Settlement, Defendant may issue a communication to Plan participants and beneficiaires explaining the terms of the Settlement and Plan of Allocation. Defendant shall provide a draft of the communication to Class Counsel in advance of the dissemination of the communication.

Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statements, positions, positions and offers made during settlement negotiations relating to the Class Action Actions and the Settlement Agreement. Accordingly, neither except that they may discuss the negotiations, nor any agreement between negotiations with the Settling Parties (including November 12, 2020 Memorandum of Understanding) may be disclosed, except: (i) insofar as may be necessary to obtain court approval of the Settlement; (ii) to management employees of Defendant and other employees of Defendant as necessary to implement the Settlement, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant to meet any federal, state or local reporting obligations; (v) to enforce its terms; (vi) to Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, or insurers, or (vii) as otherwise required by law. Provided however, provided in each case that any such person or entity to whom information is disclosed must promise in writing: they (a) secure written agreements with such persons or entities that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at it is filed with the Court. 12.2 Class Counsel will establish a Settlement Website on which it will post the following documents or links to the following documents on or following the date of the Preliminary Order: the operative Complaint; , the Settlement Agreement and its Exhibits; , Settlement Notice; , Former Participants Claim Form, Class Representative’s Motions Representatives’ Motion for Preliminary and Final Approval of the Settlement, Attorneys’ Fees and Costs and Award of Compensation to Class RepresentativeRepresentatives, with any accompanying briefs and exhibits; any Court orders related to the Settlement; , any amendments or revisions to these documents; , and any other documents or information mutually agreed upon by the Settling Parties (“Settlement Website Information”). No other information or documents will be posted on the Settlement Website unless agreed to in advance by the Settling Parties in writing. Class Counsel will take down the Settlement Website ninety (90) calendar days after the Settlement Administrator certifies that distribution receipt of the Qualified Settlement Fund is completeaffidavit(s) referenced in Paragraph 6.9. 12.3 Within thirty (30) calendar days of the filing of the motion for preliminary approval of the Settlement, Defendant the Duke Defendants may issue a communication to Plan participants and beneficiaires explaining the terms of the Settlement and Plan of Allocation. Defendant If the Duke Defendants decide to issue such communication, it shall provide a draft of the communication to be approved by Class Counsel in advance of the dissemination of the communicationCounsel.

Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statements, positions, and offers made during settlement negotiations relating to the Class Action and the Settlement Agreement. Accordingly, neither except that they may discuss the negotiations, nor any agreement between negotiations with the Settling Parties (including November 12, 2020 Memorandum of Understanding) may be disclosed, except: (i) insofar as may be necessary to obtain court approval of the Settlement; (ii) to management employees of Defendant and other employees of Defendant as necessary to implement the Settlement, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant to meet any federal, state or local reporting obligations; (v) to enforce its terms; (vi) to Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, or insurers, or (vii) as otherwise required by law. Provided however, provided in each case that any such person or entity to whom information is disclosed must promise in writing: they (a) secure written agreements with such persons or entities that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at it is filed with the Court. 12.2 Class Counsel will establish a Settlement Website on which it will post the following documents or links to the following documents on or following the date of the Preliminary Order: the operative Complaint; , Settlement Agreement and its Exhibits; , Settlement Notice; , Former Participants Claim Form, Class Representative’s Motions Representatives’ Motion for Preliminary and Final Approval of the Settlement, Attorneys’ Fees and Costs and Award of Compensation to Class RepresentativeRepresentatives, with any accompanying briefs and exhibits; any Court orders related to the Settlement; , any amendments or revisions to these documents; , and any other documents or information mutually agreed upon by the Settling Parties (“Settlement Website Information”). No other information or documents will be posted on the Settlement Website unless agreed to in advance by the Settling Parties in writing. Class Counsel will take down the Settlement Website ninety (90) calendar days after the Settlement Administrator certifies that distribution of the Qualified Settlement Fund is complete.ninety 12.3 Within thirty (30) calendar days of the filing of the motion for preliminary approval of the Settlement, Defendant Defendants may issue a communication to Anthem employees and/or Plan participants and beneficiaires explaining the terms of the Settlement and Plan of Allocation. Defendant Defendants shall provide a draft of the communication to Class Counsel in advance of the dissemination of the communication.

Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statementspositions, positionsassertions, and offers made during settlement negotiations relating to the Class Action Litigation and the Settlement Agreement. Accordingly, neither the negotiations, nor any agreement between the The Settling Parties (including November 12and Class Counsel further agree that before the Motion for Preliminary Approval of the Settlement is filed with the Court, 2020 Memorandum they will not disclose the fact of Understanding) may be disclosed, except: (i) insofar the Settlement to anyone other than as may be necessary to obtain court approval for the administration of the Settlement; (ii) to management employees of Defendant and other employees of Defendant as necessary to implement , including the SettlementCourt, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant to meet any federal, state or local reporting obligations; (v) to enforce its terms; (vi) to Class MembersAdministrator, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisorsto facilitate any mandated financial disclosures, or insurersunless such disclosure is pursuant to a valid legal process, a request by a regulatory agency or self-regulatory agency with a legal right to demand such information, or (vii) as otherwise required by law. Provided however, that any such person law or entity to whom information is disclosed must promise in writing: (a) that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at it is filed with the Courtgovernment regulations. 12.2 Class Counsel will establish a Settlement Website on which it will post the following documents or links to the following documents on or following the date of the Preliminary Order: the operative Complaint; , the Settlement Agreement and its Exhibits; , Settlement Notice; , Former Participants Claim Form, Class Representative’s Motions Representatives' Motion for Preliminary and Final Approval of the Settlement, Attorneys’ ' Fees and Costs and Award of Compensation to Class RepresentativeRepresentatives, with any accompanying briefs and exhibits; any Court orders related to the Settlement; , any amendments or revisions to these documents; , and any other documents or information mutually agreed upon by the Settling Parties (“Settlement Website Information”). No other information or documents will be posted on the Settlement Website unless agreed to in advance by the Settling Parties in writing. Class Counsel will take down the Settlement Website ninety (90) calendar days after the Settlement Administrator certifies that distribution receipt of the Qualified Settlement Fund is completeaffidavit(s) referenced in Paragraph 6.9. 12.3 Within thirty (30) calendar days of the filing of the motion for preliminary approval of the Settlement, Defendant may issue a communication to Plan participants and beneficiaires explaining the terms of the Settlement and Plan of Allocation. Defendant shall provide a draft of the communication to Class Counsel in advance of the dissemination of the communication.

Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statements, positions, and offers made during settlement negotiations relating to the Class Action and the Settlement Agreement. Accordingly, neither the negotiations, nor any agreement between the Settling Parties (including November 12December 22, 2020 2022 Memorandum of Understanding) may be disclosed, except: (i) insofar as may be necessary to obtain court approval of the Settlement; (ii) to management employees of Defendant Defendants and other employees of Defendant Defendants as necessary to implement the Settlement, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s Defendants’ affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant Defendants to meet any federal, state or local reporting obligations; (viv) to enforce its terms; (viv) to Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, or insurers, or (viivi) as otherwise required by law. Provided however, that any such person or entity to whom information is disclosed must promise in writing: (a) that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at as it is filed with the Court. 12.2 Class Counsel The Settlement Administrator will establish a Settlement Website on which it will post the following documents or links to the following documents on or following the date of the Preliminary Order: the operative Complaint; Settlement Agreement and its Exhibits; Settlement Notice; Class Representative’s Motions for Preliminary and Final Approval of the Settlement, Attorneys’ Fees and Costs and Award of Compensation to Class Representative, with any accompanying briefs and exhibits; any Court orders related to the Settlement; any amendments or revisions to these documents; and any other documents or information mutually agreed upon by the Settling Parties (“Settlement Website Information”). The Settling Parties will agree to the URL for the Settlement Website before it goes live. No other information or documents will be posted on the Settlement Website unless agreed to in advance by the Settling Parties in writing. Class Counsel The Settlement Administrator will take down the Settlement Website ninety (90) 90 calendar days after the Settlement Administrator certifies that distribution of the Qualified Settlement Fund is complete. 12.3 Within thirty (30) 30 calendar days of the filing of the motion for preliminary approval of the Settlement, Defendant Defendants may issue a communication to Plan participants and beneficiaires beneficiaries explaining the terms of the Settlement and Plan of Allocation. Defendant Defendants shall provide a draft of the communication to Class Counsel in advance of the dissemination of the communication.

Confidentiality of Settlement Negotiations. 12.1 Except as set forth explicitly below, the Settling Parties and Class Counsel agree to keep confidential all statements, positions, and offers made during settlement negotiations relating to the Class Action and the Settlement Agreement. Accordingly, neither except that they may discuss the negotiations, nor any agreement between negotiations with the Settling Parties (including November 12, 2020 Memorandum of Understanding) may be disclosed, except: (i) insofar as may be necessary to obtain court approval of the Settlement; (ii) to management employees of Defendant and other employees of Defendant as necessary to implement the Settlement, service providers to the Plan as necessary to implement the Settlement, and to Defendant’s affiliates provided they agree to maintain confidentiality; (iii) to any insurer of Defendant that will be paying any part of the Gross Settlement Amount; (iv) as may be necessary for Defendant to meet any federal, state or local reporting obligations; (v) to enforce its terms; (vi) to Class Members, the Independent Fiduciary, and the Settling Parties’ tax, legal, and regulatory advisors, or insurers, or (vii) as otherwise required by law. Provided however, provided in each case that any such person or entity to whom information is disclosed must promise in writing: they (a) secure written agreements with such persons or entities that such information shall not be further disclosed, and (b) to comply with this Article 12 in all other respects. The limitations in this paragraph will also apply to the Settlement Agreement, until such time at it is filed with the Court. 12.2 Class Counsel will establish a Settlement Website on which it will post the following documents or links to the following documents on or following the date of the Preliminary Order: the operative Complaint; , Settlement Agreement and its Exhibits; , Settlement Notice; , Former Participants Claim Form, Class Representative’s Motions Representatives’ Motion for Preliminary and Final Approval of the Settlement, Attorneys’ Fees and Costs and Award of Compensation to Class RepresentativeRepresentatives, with any accompanying briefs and exhibits; any Court orders related to the Settlement; , any amendments or revisions to these documents; , and any other documents or information mutually agreed upon by the Settling Parties (“Settlement Website Information”). No other information or documents will be posted on the Settlement Website unless agreed to in advance by the Settling Parties in writing. Class Counsel will take down the Settlement Website ninety (90) calendar days after the Settlement Administrator certifies that distribution of the Qualified Settlement Fund is complete. 12.3 Within thirty (30) calendar days of the filing of the motion for preliminary approval of the Settlement, Defendant may issue a communication to Plan participants and beneficiaires explaining the terms of the Settlement and Plan of Allocation. Defendant shall provide a draft of the communication to Class Counsel in advance of the dissemination of the communication.Class