Common use of FACTUAL BACKGROUND AND RECITALS Clause in Contracts

FACTUAL BACKGROUND AND RECITALS. 1. On October 20, 2021, Plaintiff filed a class action lawsuit against Xxxxxxx House based on a cyberattack on Xxxxxxx House’s network in June 2021 (the “Incident”), alleging claims of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract, and unjust enrichment (the “Litigation”). 2. On December 22, 2021, Xxxxxxx House filed its Motion to Dismiss, which was then fully briefed by both Parties. On February 8, 2022, the Parties jointly moved to stay the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediation. 3. Following arms-length negotiations, the Parties negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff and Settlement Class Members have or may have had against Xxxxxxx House and related persons and entities, as set forth herein. 4. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, and expense for both of the Parties. 5. Xxxxxxx House denies all claims of wrongdoing or liability that Plaintiff, Settlement Class Members, or anyone else have asserted in this Litigation or may assert in the future. Despite Xxxxxxx House’s position that it is not liable for, and has good defenses to, the claims alleged in the Litigation, Xxxxxxx House desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action relating to the matters being fully settled and finally resolved and released in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed or document created in relation to the Settlement Agreement or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 6. The Parties now enter into this Settlement Agreement. Plaintiff and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff and the Settlement Class, recognizing: (1) the existence of complex and contested issues of law and fact; (2) the risks inherent in litigation; (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, Plaintiff, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.

FACTUAL BACKGROUND AND RECITALS. 1. On or about October 2012, 20212022, Plaintiff filed Defendant became aware of a class action lawsuit against Xxxxxxx House based on a cyberattack on Xxxxxxx House’s network in June 2021 cyber-security incident impacting certain company systems (the “Data Incident”). The Data Incident impacted certain private and personally identifying information stored in Defendant’s files, alleging claims including full names and addresses, dates of negligencebirth, negligence per seSocial Security numbers, breach payment card numbers, driver’s license and/or state identification numbers, account and routing numbers, health insurance and medical information (these types of fiduciary dutyinformation, breach inter alia, being thereafter referred to as “protected health information” or “PHI”1 and “personally identifiable information” or “PII.” Specifically, the information of confidence, intrusion upon seclusion/invasion approximately 161,130 people may have been accessed as a result of privacy, breach of implied contract, and unjust enrichment (the “Litigation”)this Data Incident. 2. Defendant sent notice to Plaintiffs and the Settlement Class Members of the Data Incident on or about October 11, 2023. Shortly thereafter, Plaintiffs filed their respective Complaints, and the Court issued an order consolidating the cases into the instant action on November 29, 2023. On December 2213, 20212023 Plaintiffs filed their Consolidated Class Action Complaint, Xxxxxxx House which is the operative Complaint in this matter. On January 12, 2024 Defendant filed its Motion to Dismiss, which was then fully briefed by both Parties. On February 8, 2022, the Parties jointly moved Dismiss and to stay the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediationStrike Plaintiffs’ Consolidated Class Action Complaint. 3. After Defendant’s Motion to Dismiss was fully briefed, but prior to an Order on the Motion being entered, the Parties agreed to discuss the possibility of early resolution to minimize the costs and time expended through litigation. Following armsextensive arm’s-length negotiations, the Parties negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 by through which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated in any way with the Litigation, including all claims Plaintiff Plaintiffs and Settlement Class Members have have, had, or may have had against Xxxxxxx House Defendant and related persons and entitiesentities regarding the Data Incident, as set forth herein. 4. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, time and expense for both of the Parties. 5. Xxxxxxx House Defendant denies all claims of wrongdoing or liability that PlaintiffPlaintiffs, Settlement Class Members, Members or anyone else have asserted in this Litigation or may assert in the future. Despite Xxxxxxx HouseXxxxxxxxx’s position that it is not liable for, for and has good defenses to, to the claims alleged in the 1 Protected Health Information (“PHI”) is a category of information which is protected under the Health Insurance Portability and Accountability Act. Litigation, Xxxxxxx House Defendant desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action relating to the matters being fully settled and finally resolved and released in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed performed, or document created in relation to the Settlement Agreement or negotiation negotiation, or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 6. The Parties now enter into this Settlement Agreement. Plaintiff and Settlement Class Counsel have has conducted an investigation into a pre-suit investigation, reviewed informal discovery materials in preparation for and during the facts course of the mediation, and fully evaluated the law regarding risk of future litigation. Moreover, Settlement Class Counsel has fully evaluated the available facts, applicable law, and comparable settlements related to the Litigation and have concluded that a the proposed settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff Plaintiffs and the Settlement Class, recognizing: (1) the existence of complex and contested issues of law and fact; , (2) the risks inherent in the litigation; , (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; , and (4) the magnitude of the benefits derived from the contemplated settlement proposed Settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be fully and finally settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, PlaintiffPlaintiffs, Settlement Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.

FACTUAL BACKGROUND AND RECITALS. 1. On October 20November 17, 20212017, Plaintiff Dicha (Xxxxxxx) Xxxxxxxx filed a putative class action lawsuit against Xxxxxxx House based on a cyberattack on Xxxxxxx House’s network certain defendants, including Defendants, in June 2021 the Third Judicial Circuit Court of Illinois, Madison County, alleging violations of the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”) (referred to as the “Incident”), alleging claims of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract, and unjust enrichment (the “Xxxxxxxx Litigation”). The Xxxxxxxx Litigation was dismissed without prejudice on November 6, 2019. 2. On December 2223, 20212019, Xxxxxx Xxxxxxx House filed its Motion to Dismissa putative class action lawsuit against Defendants in the Twentieth Judicial Circuit Court of Illinois, which St. Clair County, alleging violations of BIPA. The Litigation was then fully briefed by both Parties. On February 8assigned to, 2022and is pending before, the Parties jointly moved to stay Honorable Judge Xxxxxxxxxxx Xxxxxx (the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediation“Court”). 3. Thereafter, the Parties engaged in motion practice and extensive discovery in the Litigation. 4. While discovery was ongoing, the Parties participated in a formal, full-day mediation session with the Honorable Judge Xxxxx X. Xxxxxxxx (Ret.) of JAMS via Zoom. 5. Following mediation, the parties engaged in months-long, arms-’ length negotiations with the assistance of Judge Xxxxxxxx. As a result of those negotiations, the Parties negotiated reached agreement on the terms of a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including and as set forth herein, all claims Plaintiff and Settlement Class Members members of the class she seeks to represent have or may have had against Xxxxxxx House and related persons and entities, as set forth hereinthe Releasees. 46. The As part of the settlement, the Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, and expense for both of the Partiesexpense. 57. Xxxxxxx House denies Defendants denied and continue to deny each and every allegation and all claims charges of wrongdoing or liability of any kind whatsoever that Plaintiff, Plaintiff or members of the Settlement Class Members, or anyone else presently have asserted in this Litigation or may assert in the futurefuture assert. Despite Xxxxxxx House’s position Defendants’ belief that it is they are not liable for, and has have good defenses to, the claims alleged in the Litigation, Xxxxxxx House desires Defendants desire to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action or proceeding relating to the matters being fully settled and finally resolved and released put to rest in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed or document created in relation to the Settlement Agreement or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 6. The Parties now enter into this Settlement Agreement8. Plaintiff and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff and the Settlement Class, recognizing: (1a) the existence of complex and contested issues of law and fact; (2b) the risks inherent in litigation; (3c) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4d) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5e) the Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 79. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 810. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release Defendants and the Released Parties Releasees of the Released Claims, without costs as to Released PartiesReleasees, Plaintiff, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.

FACTUAL BACKGROUND AND RECITALS. 1. On October 20February 13, 2021, 2019 Plaintiff Xxxxxx Xxxxxxx filed a class action lawsuit against Xxxxxxx House based on Providence alleging violations of the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”) and a cyberattack on Xxxxxxx House’s network common law count of negligence in June 2021 (the “Incident”)Circuit Court of Xxxx County, alleging claims of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract, and unjust enrichment Illinois (the “Litigation”). The case was assigned to the Xxxxxxxxx Xxxxxxx Xxxxxxxx. 2. On December 22May 24, 2021, Xxxxxxx House 2019 Defendant filed its Defendant’s Section 2-619.1 Motion to Dismiss. Prior to responding to the Motion, Plaintiff filed a Motion for Substitution of Judge which was then fully briefed by both Partiesgranted on June 4, 2019 and the case was reassigned to Judge Sanjay Tailor. On February 8, 2022After this reassignment, the Parties jointly moved to stay began discussing the case to allow possibility of settlement and the Parties agreed that Plaintiff need not respond to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay unless those discussions did not result in a settlement of the case, deferring ruling on the Motion and referred the case to mediationLitigation. 3. On September 17, 2019, the Parties participated in a formal, full-day mediation session with the Xxxxxxxxx Xxxxxx Xxxxxxxxx (Xxx.) of ADR Systems in Chicago, Illinois. 4. Following arms-length negotiations, the Parties have negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 Judge Xxxxxxxxx by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff and Settlement Class Members have or may have had against Xxxxxxx House Defendant and related persons and entities, as set forth herein. 45. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, time and expense for both of the Partiesexpense. 56. Xxxxxxx House Providence denies all claims charges of wrongdoing or liability of any kind whatsoever that Plaintiff, Plaintiff or Settlement Class Members, or anyone else Members have asserted in this Litigation or may assert in the futurefuture assert. Despite Xxxxxxx HouseDefendant’s position belief that it is not liable for, and has good defenses to, the claims alleged in the Litigation, Xxxxxxx House Defendant desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action or proceeding relating to the matters being fully settled and finally resolved and released put to rest in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed or document created in relation to the Settlement Agreement or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 67. The Following arms-length negotiations, including mediation before an experienced mediator, the Parties now seek to enter into this Settlement Agreement. Plaintiff and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff and the Settlement Class, Class recognizing: (1) the existence of complex and contested issues of law and fact; (2) the risks inherent in litigation; (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, Plaintiff, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.;

FACTUAL BACKGROUND AND RECITALS. 1. On October 20April 15, 20212020, Plaintiff Xxxxxx Xxxx filed a class action lawsuit against Xxxxxxx House based on a cyberattack on Xxxxxxx House’s network Plochman alleging violations of the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”) in June 2021 (the “Incident”)Circuit Court of the Twenty First Judicial Circuit in Kankakee County, alleging claims of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract, and unjust enrichment Illinois (the “Litigation”). The case was assigned to the Xxxxxxxxx Xxxxxxxx Xxxxxxxx. 2. On December June 22, 20212020, Xxxxxxx House Defendant filed its a Motion to DismissStay the proceedings based on the pendency of several appeals in other BIPA cases. Prior to responding to the Motion, which was then fully briefed by both PartiesPlaintiff and Defendant began to engage in settlement discussions. and the Parties agreed that Plaintiff need not respond to the Motion unless those discussions did not result in a settlement of the Litigation. Judge Xxxxxxxx entered and continued Defendant’s Motion. 3. On February 8December 3, 20222020, the Parties jointly moved to stay participated in a formal, full-day mediation session with the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxxxxx Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediationXxxxxxxxx (Xxx.) of ADR Systems via Zoom. 34. Following arms-length negotiations, the Parties have negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 Judge Xxxxxxxxx by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff and Settlement Class Members have or may have had against Xxxxxxx House Defendant and related persons and entities, as set forth herein. 45. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, time and expense for both of the Partiesexpense. 56. Xxxxxxx House Plochman denies all claims charges of wrongdoing or liability of any kind whatsoever that Plaintiff, Plaintiff or Settlement Class Members, or anyone else Members have asserted in this Litigation or may assert in the futurefuture assert. Despite Xxxxxxx HouseDefendant’s position belief that it is not liable for, and has good defenses to, the claims alleged in the Litigation, Xxxxxxx House Defendant desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action or proceeding relating to the matters being fully settled and finally resolved and released put to rest in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed or document created in relation to the Settlement Agreement or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 67. The Following arms-length negotiations, including mediation before an experienced mediator, the Parties now seek to enter into this Settlement Agreement. Plaintiff and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff and the Settlement Class, Class recognizing: (1) the existence of complex and contested issues of law and fact; (2) the risks inherent in litigation; (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, Plaintiff, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.;

FACTUAL BACKGROUND AND RECITALS. 1. On October 20March 4, 20212024, Plaintiff Plaintiffs filed the First Amended Class Action Complaint against Forward Bank related to a class action lawsuit against Xxxxxxx House based cyber security incident that it experienced on a cyberattack on Xxxxxxx House’s network in June 2021 September 6, 2023 (the “Incident”), alleging claims of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract. Plaintiffs alleged that Defendant failed to adequately secure its network, and unjust enrichment (that as a result, cybercriminals were able to access Defendant’s network and steal sensitive personal information belonging to Plaintiffs and the “Litigation”)putative Class Members. 2. On December 22May 13, 20212024, Xxxxxxx House filed its Motion to Dismiss, which was then fully briefed by both Parties. On February 8, 2022following the exchange of informal discovery and a settlement demand, the Parties jointly moved to stay attended a mediation with well-respected mediator Xxx. Xxxxx X. Jones (xxx.) (“Judge Xxxxx”) wherein they were unsuccessful in resolving the case to allow matter. Following the Parties to mediate. During the case management conference on February 9, 2022mediation, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediation. 3. Following arms-length negotiations, the Parties negotiated Xxxxx made a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation mediator’s proposal which was accepted on May 1217, 2022 by which 2024, resolving all claims arising from the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the LitigationIncident, including all claims Plaintiff Plaintiffs and Settlement Class Members have or may have had against Xxxxxxx House Forward Bank and related persons and entities, as set forth herein. 3. This Settlement Agreement resolves the claims of Plaintiffs and putative Class Members related to the disclosure of their name, Social Security number, driver’s license or other government ID number, financial account information, and/or other personal or financial information (“Private Information”) in the Incident. 4. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, and expense for both of the Parties. 5. Xxxxxxx House Forward Bank denies all claims of wrongdoing or liability that PlaintiffPlaintiffs, Settlement Class Members, or anyone else have asserted in this Litigation or may assert in the future. Defendant contends that it has maintained and continues to maintain reasonable security information practices. Despite Xxxxxxx HouseForward Bank’s position that it is not liable for, and has good defenses to, the claims alleged in the Litigation, Xxxxxxx House Forward Bank desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action relating to the matters being fully settled and finally resolved and released in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed performed, or document created in relation to the Settlement Agreement Agreement, or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 6. The Parties now enter into this Settlement Agreement. Plaintiff Plaintiffs and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff Plaintiffs and the Settlement Class, recognizing: (1) the existence of complex and contested issues of law and fact; (2) the risks inherent in litigation; (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s Plaintiffs’ determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, PlaintiffPlaintiffs, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.

FACTUAL BACKGROUND AND RECITALS. 1. On October 20November 1, 20212019, Plaintiff plaintiff Xxxxx Xxxx filed a class action lawsuit against Xxxxxxx House based on a cyberattack on Xxxxxxx House’s network Defendant TimeClock Plus, LLC alleging violations of the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. (“BIPA”) in June 2021 (the “Incident”)Circuit Court of Xxxx County, alleging claims of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract, and unjust enrichment (the “Litigation”)Illinois. The case is assigned to Judge Xxxxxx X. Xxxx. 2. On December 22, 2021, Xxxxxxx House Defendant filed its answer and affirmative defenses to the complaint on January 15, 2020. Plaintiff subsequently filed a Motion for Leave to DismissFile First Amended Complaint instanter on March 20, 2020, in which was then fully briefed by both PartiesPlaintiff seeks to substitute Xxxx Xxxxxxx as Plaintiff. On February 8, 2022, the Parties jointly moved to stay the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the The Motion to stay the case, deferring ruling on the Motion and referred the case to mediationremains pending. 3. Following armsThe Parties thereafter agreed to attempt to resolve the Litigation through participation in a remotely-length negotiationsconducted, full-day mediation session overseen by the Xxxxxxxxx Xxxxx X. Holderman (Xxx.) of JAMS in Chicago, Illinois. 4. During that mediation session and throughout the following weeks, the Parties negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff and Settlement Class Members have or may have had against Xxxxxxx House Defendant, its parents, predecessors, successors, holding companies, brands, subsidiaries, members, employees, board members, directors, officers, insurers, and related persons and entities, as set forth hereinassigns. 45. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, time and expense for both of the Partiesexpense. 56. Xxxxxxx House Defendant denies all claims charges of wrongdoing or liability of any kind whatsoever that Plaintiff, Plaintiff or Settlement Class Members, or anyone else Members have asserted in this Litigation or may assert in the futurefuture assert. Despite Xxxxxxx HouseDefendant’s position belief that it is not liable for, and has good defenses to, the claims alleged in the Litigation, Xxxxxxx House Defendant desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action or proceeding relating to the matters being fully settled and finally resolved and released put to rest in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed or document created in relation to the Settlement Agreement or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 67. The Following arms-length negotiations, including the full-day mediation with Judge Xxxxxxxxx, the Parties now seek to enter into this Settlement Agreement. Plaintiff and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff and the Settlement Class, Class recognizing: (1) the existence of complex and contested issues of law and fact; (2) the risks inherent in litigation; (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, Plaintiff, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.;

FACTUAL BACKGROUND AND RECITALS. 1. On October 20Defendant is a digital pharmacy that operates a nationwide network of URAC- accredited mail order and specialty pharmacies. Defendant is a Delaware corporation with its principal place of business located at 0000 Xxxxxx Xxxxxx, 2021Xxxxxxx, Plaintiff filed Xxxxxxxxxx 00000. 2. The Litigation arose after Defendant began sending a class action lawsuit against Xxxxxxx House based on a cyberattack on Xxxxxxx House’s network in June 2021 notice letter (the “IncidentNotice Letter”)) on October 30, alleging claims of negligence2023, negligence per sealerting Plaintiffs that their personally identifiable information (“PII”) and protected health information (“PHI”) (collectively referred to as “Private Information”) had been accessed by an unauthorized third party between August 30, breach of fiduciary duty2023 and September 1, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of implied contract, and unjust enrichment 2023 (the “LitigationData Incident”). 23. Plaintiffs filed their respective complaints in the United States District Court for the Northern District of California in or around November 2023. On December 225, 2021, Xxxxxxx House filed its Motion to Dismiss, which was then fully briefed by both Parties. On February 8, 20222023 the court issued an order consolidating the Plaintiffs’ individual cases into one consolidated case, the Parties jointly moved to stay the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediation. 3. Following arms-length negotiations, the Parties negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 12, 2022 by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the aforementioned Litigation, including all claims Plaintiff and Settlement Class Members have or may have had against Xxxxxxx House and related persons and entities, as set forth herein. 4. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, and expense for both of the Parties. 5. Xxxxxxx House Defendant denies all claims of wrongdoing or liability that PlaintiffPlaintiffs, Settlement Class Members, or anyone else have asserted in this Litigation or may assert in the future. Despite Xxxxxxx HouseXxxxxxxxx’s position that it is not liable for, for and has good defenses to, to the claims alleged in the Litigation, Xxxxxxx House Defendant desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action relating to the matters being fully settled and finally resolved and released in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed performed, or document created in relation to the Settlement Agreement or negotiation negotiation, or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liabilityliability of Defendant. 6. The Parties now enter into this Settlement Agreement. Plaintiff and Settlement Class Counsel have has conducted an investigation into a pre-suit investigation, reviewed informal discovery materials in preparation for and during the facts course of a mediation, and fully evaluated the law regarding risk of future litigation. Moreover, Settlement Class Counsel has fully evaluated the available facts, applicable law, and comparable settlements related to the Litigation and have concluded that a the proposed settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff Plaintiffs and the Settlement Class, recognizing: (1) the existence of complex and contested issues of law and fact; , (2) the risks inherent in litigation; the Litigation, (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; , and (4) the magnitude of the benefits derived from the contemplated settlement proposed Settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 7. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 8. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be fully and finally settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, PlaintiffPlaintiffs, Settlement Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.

FACTUAL BACKGROUND AND RECITALS. 1. Plaintiffs assert that LendingTree, as a result of a code vulnerability, disclosed personal information, including unencrypted and unredacted full names, Social Security numbers, dates of birth, and addresses (“Private Information”) of consumers, to an unauthorized third party in February 2022. 2. On October 20July 11, 20212022, Plaintiff Xxxxxxxxxxx Xxxxx filed a class action lawsuit Class Action Complaint against Xxxxxxx House the Defendant that was subsequently amended on September 2, 2022, to add Plaintiff Xxxxxx Xxx. The Litigation alleges claims for damages and equitable relief based on a cyberattack on Xxxxxxx House’s network in June 2021 (the “Incident”), alleging claims theories of negligence, negligence per se, breach of fiduciary duty, breach of confidence, intrusion upon seclusion/invasion of privacy, breach of an implied contract, unjust enrichment, and unjust enrichment (the “Litigation”). 2. On December 22, 2021, Xxxxxxx House filed its Motion to Dismiss, which was then fully briefed by both Parties. On February 8, 2022, the Parties jointly moved to stay the case to allow the Parties to mediate. During the case management conference on February 9, 2022, Judge Xxxxxxxx X. Xxxxxx granted the Motion to stay the case, deferring ruling on the Motion and referred the case to mediationfor violations of North Carolina's Unfair Trade Practices Act. 3. Following arms-length negotiations, the Parties negotiated a settlement with the assistance of Xxxxxx X. Xxxxxx, Esq. at a mediation on May 1230, 2022 2023, by which the Parties agree and hereby wish to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff Plaintiffs and Settlement Class Members have or may have had against Xxxxxxx House LendingTree and related persons and entities, as set forth herein. 4. Throughout their mediation session, the Parties engaged in an extensive evaluation and discussion of the relevant facts and law, and the Parties carefully considered the risk and uncertainties of continued litigation and all other factors bearing on the merits of settlement. 5. The Parties have agreed to settle the Litigation on the terms and conditions set forth herein in recognition that the outcome of the Litigation is uncertain and that achieving a final result through litigation would require substantial additional risk, uncertainty, discovery, time, and expense for both of the Parties. 56. Xxxxxxx House LendingTree denies all claims of wrongdoing or liability that PlaintiffPlaintiffs, Settlement Class Members, or anyone else have asserted in this Litigation or may assert in the futurefuture based on the conduct alleged in the complaint. Despite Xxxxxxx House’s XxxxxxxXxxx's position that it is not liable for, and has good defenses to, the claims alleged in the Litigation, Xxxxxxx House LendingTree desires to settle the Litigation, and thus avoid the expense, risk, exposure, inconvenience, uncertainty, and distraction of continued litigation of any action relating to the matters being fully settled and finally resolved and released in this Settlement Agreement. Neither this Settlement Agreement, nor any negotiation or act performed or document created in relation to the Settlement Agreement or negotiation or discussion thereof is, or may be deemed to be, or may be used as, an admission of, or evidence of, any wrongdoing or liability. 67. The Parties now enter into this Settlement Agreement. Plaintiff Plaintiffs and Class Counsel have conducted an investigation into the facts and the law regarding the Litigation and have concluded that a settlement according to the terms set forth below is fair, reasonable, and adequate, and beneficial to and in the best interests of Plaintiff Plaintiffs and the Settlement Class, recognizing: (1) the existence of complex and contested issues of law and fact; (2) the risks inherent in litigation; (3) the likelihood that future proceedings will be unduly protracted and expensive if the proceeding is not settled by voluntary agreement; (4) the magnitude of the benefits derived from the contemplated settlement in light of both the maximum potential and likely range of recovery to be obtained through further litigation and the expense thereof, as well as the potential of no recovery whatsoever; and (5) Plaintiff’s Plaintiffs' determination that the settlement is fair, reasonable, adequate, and will substantially benefit the Settlement Class Members. 78. Considering the risks and uncertainties of continued litigation and all factors bearing on the merits of settlement, the Parties are satisfied that the terms and conditions of this Settlement Agreement are fair, reasonable, adequate, and in their respective best interests. 89. In consideration of the covenants, agreements, and releases set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by and among the undersigned that the Litigation be settled and compromised, and that the Releasors release the Released Parties of the Released Claims, without costs as to Released Parties, PlaintiffPlaintiffs, Class Counsel, or the Settlement Class, except as explicitly provided for in this Settlement Agreement, subject to the approval of the Court, on the following terms and conditions.