Common use of FINAL APPROVAL AND JUDGMENT ORDER Clause in Contracts

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 No later than fourteen (14) days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than fourteen (14) days prior to Final Approval Hearing: A. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with Class Counsel filing a memorandum of points and authorities in support of the motion. B. Counsel for the Class and Defendant may file a memorandum addressing any Objections submitted to the settlement. 13.03 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is fair, reasonable and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVI, and the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Action, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 13.1 No later than fourteen ten (1410) days prior to the Final Approval Hearing, the Claims Settlement Administrator shall file with the Court and serve on counsel for all Parties Class Counsel and Cruise Defendants’ Counsel a declaration stating that the Class Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02 If the settlement is approved preliminarily by the Court, and 13.2 Upon all other conditions precedent to the settlement have Settlement having been satisfied, no including, but not limited to, the issuance of the Preliminary Approval Order, not later than fourteen (14) days prior to the Final Approval Hearing: A. The (a) All Parties shall both will request, individually or collectively, that the Court enter the Final Approval Order and Judgment in substantially the form attached as Exhibit A, with 1 attached hereto; (b) Class Counsel filing and the Cruise Defendants’ Counsel shall file a memorandum of points and authorities in support of a motion seeking the motion.Final Approval Order and Judgment; and B. (c) Class Counsel for the Class and Defendant may file a memorandum addressing any Objections objections submitted to the settlementSettlement. 13.03 13.3 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a proposed Final Approval Order and Judgment, which grants shall, among other things: (a) find that the Court has personal jurisdiction over all Settlement Class Members; (b) find that the Court has subject matter jurisdiction over the Action and the Released Claims such that the Court may approve this Agreement and all exhibits attached hereto; (c) find final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is to be fair, reasonable and adequate to as to, and in the best interests of, the Settlement ClassClass Members, and that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVI, and the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses (d) direct the Parties and their counsel to implement this Agreement according to its terms and provisions; (e) declare this Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff, the Settlement Class Members, and the Releasing Parties; (f) find that the Class Notice as described in Section 7 of this Agreement satisfies the requirements of the Federal Rule of Civil Procedure, the Due Process Clause of the United States Constitution, and all applicable rules of the Court, constitutes the best practicable notice under the circumstances, constitutes notice that is reasonably calculated to apprise the Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing, and is reasonable and constitutes due, adequate, and sufficient notice to all Persons entitled to receive notice of the Settlement; (g) find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering and implementing the Agreement; (h) dismiss the Action with prejudice, including without limitation all Released Claims against the Released Parties, on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Actionprejudice, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ without fees or costs (to any Party except as expressly provided in this Agreement); E. Permanently enjoins (i) approve and incorporate the releases described in Section 15 of this Agreement, make such releases effective as of the date of entry of the Final Approval Order and Judgment, and forever discharge the Released Parties from the Released Claims; (j) without affecting the finality of the Final Approval Order and Judgment, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Agreement; and (k) permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant Cruise Defendants or any of the Released Parties. 13.4 If the Court refuses to issue the Final Approval Order and Judgment in substantially the same form as Exhibit 1 attached hereto, or otherwise refuses to issue the Final Approval Order and Judgment, or if the Final Approval Order and Judgment is reversed or modified on appeal and/or remand, then the Settlement and this Agreement in its entirety shall become null and void, unless the Parties promptly agree in writing to proceed with the Settlement. In the event the Settlement and this Agreement becomes null and void as described in this Section 16 of the Agreement, the Parties shall be restored without prejudice to their respective litigation positions in the Action as of August 20, 2020. 13.5 The Parties, Class Counsel, and Cruise Defendants’ Counsel shall undertake all reasonable efforts that are in good faith necessary and appropriate to obtain a Final Approval Order and Judgment in substantially the same form as Exhibit 1 attached hereto. 13.6 This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order that grants final approval of this Agreement and enters a final judgment and: (a) finds that the Class Notice provided satisfies the requirements of due process and Federal Rules of Civil Procedure Rule 23(e)(1); (b) finds that Settlement Class Members have been adequately represented by the Class Representatives and Class Counsel; (c) finds that this Agreement is fair, reasonable, and adequate with respect to the Settlement Class, that each Settlement Class Member will be bound by this Agreement, including the releases of all claims related to this Action, and that this Agreement should be and is approved; (d) dismisses on the merits and with prejudice all claims of the Settlement Class Members and all current and former plaintiffs asserted in the Action; (e) permanently enjoins each and every Settlement Class Member and all current and former plaintiffs in this Action from bringing, joining, or continuing to prosecute any Released Claims against the Cruise Defendants and all Released Parties; and, F. Retains (f) retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation effectuation, and enforcement of this settlementAgreement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 11.1 No later than fourteen ten (1410) calendar days prior to the Final Approval Hearing, the Claims Settlement Administrator shall file with the Court and serve on counsel for all Parties Defendant’s Counsel a declaration stating that as described in this Settlement Agreement. 11.2 Upon all conditions precedent to the Notice required by Settlement having been satisfied, including, but not limited to, the Agreement has been completed in accordance with the terms issuance of the Preliminary Approval Order. 13.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no not later than fourteen ten (1410) calendar days prior to the Final Approval Hearing: A. The a. All Parties shall both will request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with 2 hereto; b. Class Counsel filing a memorandum of points and authorities in support of the motion. B. and/or Defendant’s Counsel for the Class and Defendant may file a memorandum addressing any Objections objections submitted to regarding the settlementSettlement as described in this Settlement Agreement. 13.03 11.3 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a proposed Final Approval Order and Judgment, which grants shall, among other things: a. certify the Settlement Class for settlement purposes only; b. find that the Court has personal jurisdiction over all Settlement Class Members; c. find that the Court has subject matter jurisdiction over the Action and the Released Claims such that the Court may approve this Agreement and all exhibits hereto; d. find final approval of this Settlement Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is to be fair, reasonable and adequate to as to, and in the best interests of, the Settlement ClassClass Members, and that each Settlement Class Member shall be bound by this Settlement Agreement, including the releases in Sections XVI, Released Claims and the covenant not to xxx sue as described in Section 16.025 of this Settlement Agreement, and that this Settlement Agreement should be and is finally approved; D. Dismisses e. direct the Parties and their counsel to implement this Agreement according to its terms and provisions; f. declare this Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff, the Settlement Class Members, and the Releasing Parties; g. find that the Class Notice as described in this Agreement satisfies the requirements of the Illinois Code of Civil Procedure, the Due Process Clause of the United States Constitution, and all applicable rules of the Court, constitutes the best practicable notice under the circumstances, constitutes notice that is reasonably calculated to apprise the Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing, and is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice of the Settlement. h. find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering and implementing the Agreement; i. approve Class Counsel’s request for attorneys’ fees as reasonable; j. approve a Service Award to Plaintiff; k. dismiss the Action, including, without limitation, all Released Claims against the Released Parties, on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Actionprejudice, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ without fees or costs (to any Party except as expressly provided in this Settlement Agreement); E. Permanently enjoins l. approve and incorporate the releases described in Section 5 of this Agreement, make such releases effective as of the date of entry of the Final Approval Order and Judgment, and forever discharge the Released Parties from the Released Claims as described in Sections 5.1 of this Agreement; m. without affecting the finality of the Final Approval Order and Judgment, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Settlement Agreement; and n. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or any of the Released Parties; and,. F. Retains jurisdiction of all matters relating 11.4 If the Court refuses to issue the interpretationFinal Approval Order and Judgment in substantially the same form as Exhibit 2, administrationthen the Settlement and this Agreement in its entirety shall become null and void, implementationunless the Parties promptly agree in writing to proceed with the Settlement and this Agreement consistent with the change or modification under which the Settlement and this Agreement is otherwise rendered null and void. In the event the Settlement and this Agreement becomes null and void, effectuation and enforcement the Parties shall be restored without prejudice to their respective litigation positions in the Action prior to execution of this settlementAgreement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 11.1 No later than fourteen ten (1410) calendar days prior to the Final Approval Hearing, the Claims Settlement Administrator shall file with the Court and serve on counsel for all Parties Defendant’s Counsel a declaration stating that as described in this Settlement Agreement. 11.2 Upon all conditions precedent to the Notice required by Settlement having been satisfied, including, but not limited to, the Agreement has been completed in accordance with the terms issuance of the Preliminary Approval Order. 13.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no not later than fourteen ten (1410) calendar days prior to the Final Approval Hearing: A. The a. All Parties shall both will request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with 2 hereto; b. Class Counsel filing shall file a memorandum of points and authorities in support of a motion seeking the motion.Final Approval Order and Judgment; and B. c. Class Counsel for the Class and Defendant and/or Defendant’s Counsel may file a memorandum addressing any Objections objections submitted to the settlementSettlement as described in this Settlement Agreement. 13.03 11.3 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a proposed Final Approval Order and Judgment, which grants shall, among other things: a. certify the Settlement Class for settlement purposes only; b. find that the Court has personal jurisdiction over all Settlement Class Members; c. find that the Court has subject matter jurisdiction over the Action and the Released Claims such that the Court may approve this Agreement and all exhibits hereto; d. find final approval of this Settlement Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is to be fair, reasonable and adequate to as to, and in the best interests of, the Settlement ClassClass Members, and that each Settlement Class Member shall be bound by this Settlement Agreement, including the releases in Sections XVI, Released Claims and the covenant not to xxx as described in Section 16.025 of this Settlement Agreement, and that this Settlement Agreement should be and is finally approved; D. Dismisses e. direct the Parties and their counsel to implement this Agreement according to its terms and provisions; f. declare this Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff, the Settlement Class Members, and the Releasing Parties; g. find that the Class Notice as described in this Agreement satisfies the requirements of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and all applicable rules of the Court, constitutes the best practicable notice under the circumstances, constitutes notice that is reasonably calculated to apprise the Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the proposed Settlement, and to appear at the Final Approval Hearing, and is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice of the Settlement. h. find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering and implementing the Agreement; i. dismiss the Action, including, without limitation, all Released Claims against the Released Parties, on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Actionprejudice, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ without fees or costs (to any Party except as expressly provided in this Settlement Agreement); E. Permanently enjoins each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 11.01 No later than fourteen (14) calendar days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. Counsel for all Parties shall then file the declaration obtained from the Claims Administrator with the Court. 13.02 11.02 If the settlement Settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing: A. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit AB, with Class Counsel filing a memorandum of points and authorities in support of the motion. B. Counsel for the Settlement Class Members and Defendant may file a memorandum addressing any Objections submitted to the settlement. 13.03 11.03 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 11.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is fair, reasonable and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVIXIV, and the covenant not to xxx in Section 16.0214.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses on the merits and with prejudice all claims of the Class Representative and the Settlement Class Members asserted against Defendant in the Action, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Class Representative and Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 12.01 No later than fourteen (14) calendar days prior to the Final Approval Hearing, Class Counsel and loanDepot shall cause the Claims Administrator shall to file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02 12.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than fourteen (14) calendar days prior to the Final Approval Hearing: A. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with Class Counsel filing a memorandum of points and authorities in support of the motion. B. Counsel for the Class and Defendant loanDepot may file a memorandum addressing any Objections objections submitted to the settlement. 13.03 12.03 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives Plaintiffs should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 12.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1)process; B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is fair, reasonable reasonable, and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVI, and the covenant not to xxx covenants in Section 16.02XIV, and that this Settlement Agreement should be and is finally approved; D. Dismisses on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant loanDepot in the Action, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant loanDepot or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation effectuation, and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 13.1 No later than fourteen ten (1410) days prior to the Final Approval Hearing, the Claims Settlement Administrator shall file with the Court and serve on counsel for all Parties Cruise Defendants’ Counsel a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval approval Order. 13.02 If the settlement is approved preliminarily by the Court, and 13.2 Upon all other conditions precedent to the settlement have Settlement having been satisfied, no including, but not limited to, the issuance of the Preliminary Approval Order, not later than fourteen (14) days prior to the Final Approval Hearing: A. The a. All Parties shall both will request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with 1 hereto; b. Class Counsel filing shall file a memorandum of points and authorities in support of a motion seeking the motion.Final Approval Order and Judgment; and B. c. Class Counsel for the Class and Defendant and/or Cruise Defendants’ Counsel may file a memorandum addressing any Objections submitted to the settlementSettlement. 13.03 13.3 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a proposed Final Approval Order and Judgment, which grants shall, among other things: a. find that the Court has personal jurisdiction over all Settlement Class Members; b. find that the Court has subject matter jurisdiction over the Action and the Released Claims such that the Court may approve this Agreement and all exhibits hereto; c. find final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is to be fair, reasonable and adequate to as to, and in the best interests of, the Settlement ClassClass Members, and that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVI, and the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses d. direct the Parties and their counsel to implement this Agreement according to its terms and provisions; e. declare this Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff, the Settlement Class Members, and the Releasing Parties; f. find that the Class Notice as described in Section 7 of this Agreement satisfies the requirements of the Federal Rule of Civil Procedure, the Due Process Clause of the United States Constitution, and all applicable rules of the Court, constitutes the best practicable notice under the g. find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering and implementing the Agreement; h. dismiss the Action with prejudice, including without limitation all Released Claims against the Released Parties, on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Actionprejudice, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ without fees or costs (to any Party except as expressly provided in this Agreement); E. Permanently enjoins i. approve and incorporate the releases described in Section 15 of this Agreement, make such releases effective as of the date of entry of the Final Approval Order and Judgment, and forever discharge the Released Parties from the Released Claims; j. without affecting the finality of the Final Approval Order and Judgment, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Agreement; and k. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant Cruise Defendants or any of the Released Parties; . 13.4 If the Court refuses to issue the Final Approval Order and Judgment in substantially the same form as Exhibit 1 hereto, or otherwise refuses to issue the Final Approval Order and Judgment, or if the Final Approval Order and Judgment is reversed or modified on appeal and/or remand, then the Settlement and this Agreement in its entirety shall become null and void, unless the Parties promptly agree in writing to proceed with the Settlement. In the event the Settlement and this Agreement becomes null and void as described in this Section 16 of the Agreement, the Parties shall be restored without prejudice to their respective litigation positions in the Action prior to execution of this Agreement. 13.5 The Parties, Class Counsel, and Cruise Defendants’ Counsel shall undertake all reasonable efforts that are in good faith necessary and appropriate to obtain a Final Approval Order and Judgment in substantially the same form as Exhibit 1 hereto. 13.6 This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order that grants final approval of this Agreement and enters a final judgment and,: F. Retains jurisdiction a. finds that the Notice provided satisfies the requirements of due process and Federal Rules of Civil Procedure Rule 23(e)(1); b. finds that Settlement Class Members have been adequately represented by the Class Representatives and Class Counsel; c. finds that the Agreement is fair, reasonable, and adequate with respect to the Settlement Class, that each Settlement Class Member will be bound by this Agreement, including the releases of all matters relating claims related to the interpretationthis Action, administration, implementation, effectuation and enforcement of that this settlement.Agreement should be and is approved;

FINAL APPROVAL AND JUDGMENT ORDER. Electronically Filed - St Louis County - February 10, 2020 - 04:12 PM 13.01 No later than fourteen (14) 7 days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order, along with a report stating (a) the total number of Notices mailed to potential class members, (b) the number of such Notices that were returned as undeliverable and could not be forwarded as provided by this Agreement, and (c) a list of the exclusion requests received by the Claims Administrator pursuant to this Agreement. Class Counsel shall file the declaration with the Court no later than the Final Approval Hearing. 13.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than fourteen (14) 7 days prior to Final Approval Hearing: A. (a) The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with Class Counsel filing a memorandum Motion for Final Approval of points and authorities in support of the motionClass Action Settlement, with supporting authorities. B. (b) Class Counsel for the Class and Defendant Defendants may file a memorandum addressing any Objections submitted to the settlement. 13.03 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable reasonable, and adequate, whether any objections to the settlement should be Electronically Filed - St Louis County - February 10, 2020 - 04:12 PM overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. (a) Finds that the Notice provided satisfies the requirements of due process and FedMo. S. Ct. R. Civ. P. 23(e)(152.08(a)(1); B. (b) Finds that Settlement Class Members have been adequately represented by the Class Representative Representatives and Class Counsel; C. (c) Finds that the Settlement Agreement is fair, reasonable and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVISection XV, and the covenant not to xxx in Section 16.0215.02, and that this Settlement Agreement should be and is finally approved; D. (d) Dismisses on the merits and with prejudice the Action, including all claims of the Settlement Class Members asserted against Defendant in the ActionDefendants, with each Party all Parties waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. (e) Permanently enjoins each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. (f) Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 10.01 No later than fourteen (14) days prior to the Final Approval Fairness Hearing, the Claims Administrator shall Plaintiff will file with the Court and serve on counsel for all Parties a declaration from the Claims Administrator stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02 10.02 If the settlement is approved preliminarily by Court issues the CourtPreliminary Approval Order, and all other conditions precedent to the settlement Settlement have been satisfied, no later than fourteen (14) days prior to Final Approval the Fairness Hearing: A. The , the Parties shall both request, individually or collectively, will request that the Court enter the “Final Approval Order Order” in substantially the form attached as Exhibit AD, with Class Counsel filing a memorandum of points and authorities in support of the motion.that: B. Counsel for the Class and Defendant may file a memorandum addressing any Objections submitted to the settlement. 13.03 At the Final Approval Hearing, a. Finds that the Court will consider has personal jurisdiction over Plaintiff and determine whether all Settlement Class Members and that the provisions Court has subject matter jurisdiction to approve this Settlement and Settlement Agreement and all exhibits thereto; b. Certifies a Settlement Class for purposes of this Agreement should Settlement; c. Finds this Settlement to be approved, whether the settlement should be finally approved as fair, reasonable reasonable, and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, consistent and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. Finds that the Notice provided satisfies the in compliance with all requirements of due process and Fed. R. Civ. P. 23(e)(1)applicable law, and directs the Parties and their counsel to implement and consummate this Settlement Agreement in accordance with its terms and provisions; B. Finds that d. Declares this Settlement Agreement and the Final Approval Order and Judgment to be binding on and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings encompassed by the Release maintained by or on behalf of Plaintiff and all Settlement Class Members have been adequately represented by the Class Representative Members, as well as their respective present, former, and Class Counselfuture administrators, agents, assigns, attorneys, executors, heirs, partners, predecessors-in-interest, and successors; C. e. Finds that the Settlement Agreement is fair, reasonable and adequate Class Notice Program: (1) constituted the best f. Approves the Claim Forms distributed to the Settlement Class, ; g. Finds that each Class Counsel and Plaintiff adequately represented the Settlement Class Member shall be bound by this for purposes of entering into and implementing the Settlement and Settlement Agreement, including the releases in Sections XVI, and the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved; D. h. Dismisses the Action on the merits and with prejudice and without fees or costs except as provided herein, in accordance with the terms of the Final Approval Order and Judgment; i. Adjudges that Plaintiff and the Settlement Class have conclusively compromised, settled, dismissed, and released any and all claims Released Claims against Defendants and the Released Persons; j. Without affecting the finality of the Final Approval Order and Judgment for purposes of appeal, reserves jurisdiction over the Settlement Administrator, Defendants, Plaintiff, and the Settlement Class Members asserted against Defendant as to all matters relating to the administration, consummation, enforcement, and interpretation of the terms of the Settlement, the k. Provides that upon entry of the Final Approval Order and Judgment, Plaintiff and all Settlement Class Members, whether or not they return a Claim Form within the time and in the Actionmanner provided for, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Settlement Class Member shall be barred from bringing, joining, or continuing to prosecute asserting any Released Claims against Defendant and/or any Released Persons, and any such Settlement Class Members shall have released any and all Released Claims as against Defendant and all Released Persons; l. Determines that the Settlement Agreement and the Settlement provided for therein and any proceedings taken pursuant thereto are not and should not in any event be offered or received as evidence of, a presumption, concession or an admission of liability, or of any misrepresentation or omission in any statement or written document approved or made by Defendant or any Released Persons, or of the suitability of these or similar claims to class treatment in active litigation and trial; provided, however, that reference may be made to this Settlement Agreement and the Settlement provided for therein in such proceedings solely as may be necessary to effectuate or enforce the Settlement Agreement; m. Bars and permanently enjoins all Settlement Class Members from (1) filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in any other lawsuit or administrative, regulatory, arbitration, or other proceeding in any jurisdiction based on, relating to, or arising out of the claims and causes of action or the facts and circumstances giving rise to the Action and/or the Released PartiesClaims; and (2) organizing Settlement Class Members who have not excluded themselves from the Settlement Class into a separate class for purposes of pursuing as a purported class action n. States that any Person who knowingly violates such injunction shall pay the attorneys' fees and costs incurred by Defendant and/or any other Released Persons and Class Counsel as a result of the violation; o. Approves the Opt-Out List and determines that the Opt-Out List is a conclusive and complete list of all members of the Settlement Class who have timely and effectively requested exclusion from the Settlement Class and, accordingly, shall neither share in nor be bound by the Final Order and Judgment; and, F. Retains jurisdiction p. Authorizes the Parties, without further approval from the Court, to agree to and to adopt such amendments, modifications, and expansions of this Settlement Agreement and all matters relating exhibits hereto as (1) shall be consistent in all material respects with the Final Approval Order and Judgment; and (2) do not limit the rights of the Parties or Settlement Class Members. 10.03 As of the date of the Final Approval Order and Judgment, the Releasing Persons are deemed to have fully released and forever discharged the Released Persons of and from all Released Claims by operation of entry of the Final Approval Order and Judgment. a. Subject to Court approval, all Settlement Class Members who have not timely and properly excluded themselves from the Settlement Class shall be bound by this b. Without in any way limiting the scope of the Release, this Release covers any and all claims for attorneys' fees, costs, or disbursements incurred by Class Counsel or any other counsel representing Plaintiff or Settlement Class Members, or any of them, in connection with or related in any manner to the interpretationAction, administrationthe Settlement, implementationthe administration of such Settlement, effectuation and/or the Released Claims as well as any and enforcement all claims for a Service Award to Plaintiff and an Attorneys' Fee and Expense Award to Class Counsel. c. The Releasing Persons and the Released Persons expressly acknowledge that they are familiar with principles of law such as Section 1542 of the Civil Code of the State of California, which provides: d. Nothing in the Releases shall preclude any action to enforce the terms of this settlementSettlement Agreement, including participation in any of the processes detailed herein.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 11.01 No later than fourteen (14) calendar days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02 11.02 If the settlement Settlement Agreement is approved preliminarily by the Court, and all other conditions precedent to the settlement Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing: A. a. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit AOrder, with Class Counsel filing a memorandum of points and authorities in support of the motion.; and, B. b. Class Counsel for the Class and and/or Defendant may file a memorandum addressing any Objections objections submitted to the settlementSettlement Agreement, and Defendant may file a memorandum in support of the Parties’ request that the Court enter Final Approval. 13.03 11.03 At the Final Approval Hearing, the Parties will ask the Court will to consider and determine whether the provisions of this Agreement should be approved, whether the settlement Settlement Agreement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement Settlement Agreement should be overruled, whether the fee award and incentive payments to the Class Representatives Representative should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement Settlement Agreement should be entered. 13.04 11.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. Finds a. finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. Federal Rule of Civil Procedure Rule 23(e)(1); B. Finds b. finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds c. finds that the Settlement Agreement is fair, reasonable and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases release in Sections XVI13.01, 13.02, and 13.03, and the covenant not to xxx in Section 16.0213.04, and that this Settlement Agreement should be and is finally approved; D. Dismisses on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Action, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 11.01 No later than fourteen (14) calendar days prior to the Final Approval Hearing, the Claims Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. Counsel for all Parties shall then file the declaration obtained from the Claims Administrator with the Court. 13.02 11.02 If the settlement Settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement Settlement have been satisfied, no later than fourteen (14) calendar days prior to Final Approval Hearing: A. The Parties shall both request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit AB, with Class Counsel filing a memorandum of points and authorities in support of the motion. B. Counsel for the Settlement Class Members and Defendant may file a memorandum addressing any Objections submitted to the settlement. 13.03 11.03 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 11.04 This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order which grants final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is fair, reasonable and adequate to the Settlement Class, that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVIXIV, and the covenant not to xxx sue in Section 16.0214.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses on the merits and with prejudice all claims of the Class Representative and the Settlement Class Members asserted against Defendant in the Action, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Class Representative and Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 A. No later than fourteen ten (1410) calendar days prior to the Final Approval Fairness Hearing, the Claims Settlement Administrator shall file with the Court and serve on counsel for all Parties a declaration stating that the any required Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval Order. 13.02 If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, no later than B. At least fourteen (14) calendar days prior to Final Approval the Fairness Hearing: A. 1. The Parties shall both request, individually or collectively, file a joint motion requesting that the Court enter grant final approval of the Final Approval Order in substantially the form attached as Exhibit ASettlement Agreement, with Class Counsel filing a memorandum of points and authorities in support of such motion; 2. Class Counsel shall file with the motion. B. Counsel Court and serve on counsel for the Defendants its motion requesting the Court’s approval of the Fee Award; and 3. Class and Defendant may Counsel shall file a memorandum addressing any timely submitted Objections submitted to the settlementSettlement. 13.03 C. At the Final Approval Fairness Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement Settlement should be finally approved as fair, reasonable reasonable, and adequate, whether any objections Objections to the settlement Settlement should be overruled, whether the fee award Fee Award and incentive payments to the Class Representatives Representative Award should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment Judgment finally approving the settlement Settlement should be entered. 13.04 D. This Agreement is subject to and conditioned upon the issuance by the Court of a Final Approval Order the Judgment which grants final approval of this Agreement andin accordance with applicable jurisprudence, and providing the relief specified below, which relief shall be subject to the terms and conditions of this Agreement, the occurrence of the Effective Date, and the Parties’ performance of their continuing rights and obligations hereunder. Such Judgment shall: A. Finds that 1. Dismiss the Notice provided satisfies Lawsuit with prejudice and without costs, other than as described herein, and order Class Counsel to effectuate the requirements dismissal of due process and Fed. R. Civ. P. 23(e)(1)all Related Actions with prejudice; B. Finds 2. Decree that neither the Judgment nor this Agreement constitute an admission by the Defendants or the Additional Defendants of any liability or wrongdoing whatsoever; 3. Bar and enjoin all Settlement Class Members from asserting against any Released Entity any Alleged Claim which the Settlement Class Member had, has, or may have been adequately represented by in the Class Representative future, including in the Lawsuit and Class Counselany Related Actions; C. Finds 4. Release each Released Entity from the Alleged Claims, which any Settlement Class Members have, had, or may have in the future, against such Released Entity; 5. Determine that the Settlement this Agreement is entered into in good faith and is reasonable, fair, reasonable and adequate to adequate, and in the best interests of the Settlement Class, that each Settlement Class Member shall be bound by ; 6. Preserve the Court’s continuing and exclusive jurisdiction over the Parties to this Agreement, including the releases in Sections XVIDefendants and all Settlement Class Members, to administer, supervise, construe, and enforce this Agreement in accordance with its terms for the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses on the merits and with prejudice all claims mutual benefit of the Settlement Class Members asserted against Defendant in Parties, but without affecting the Action, finality of the Judgment; and 7. Incorporate any other provisions deemed necessary and just which are consistent with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ fees or costs (except as expressly provided in this Agreement); E. Permanently enjoins each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant or the Released Parties; and, F. Retains jurisdiction of all matters relating to the interpretation, administration, implementation, effectuation and enforcement of this settlement.

FINAL APPROVAL AND JUDGMENT ORDER. 13.01 13.1 No later than fourteen ten (1410) days prior to the Final Approval Hearing, the Claims Settlement Administrator shall file with the Court and serve on counsel for all Parties Cruise Defendants’ Counsel a declaration stating that the Notice required by the Agreement has been completed in accordance with the terms of the Preliminary Approval approval Order. 13.02 If the settlement is approved preliminarily by the Court, and 13.2 Upon all other conditions precedent to the settlement have Settlement having been satisfied, no including, but not limited to, the issuance of the Preliminary Approval Order, not later than fourteen (14) days prior to the Final Approval Hearing: A. The a. All Parties shall both will request, individually or collectively, that the Court enter the Final Approval Order in substantially the form attached as Exhibit A, with 1 hereto; b. Class Counsel filing shall file a memorandum of points and authorities in support of a motion seeking the motion.Final Approval Order and Judgment; and B. c. Class Counsel for the Class and Defendant and/or Cruise Defendants’ Counsel may file a memorandum addressing any Objections submitted to the settlementSettlement. 13.03 13.3 At the Final Approval Hearing, the Court will consider and determine whether the provisions of this Agreement should be approved, whether the settlement should be finally approved as fair, reasonable and adequate, whether any objections to the settlement should be overruled, whether the fee award and incentive payments to the Class Representatives should be approved, whether Class Counsel is entitled to an award of attorneys’ fees, and whether a judgment finally approving the settlement should be entered. 13.04 This Agreement is subject to and conditioned upon the issuance by the Court of a proposed Final Approval Order and Judgment, which grants shall, among other things: a. find that the Court has personal jurisdiction over all Settlement Class Members; b. find that the Court has subject matter jurisdiction over the Action and the Released Claims such that the Court may approve this Agreement and all exhibits hereto; c. find final approval of this Agreement and: A. Finds that the Notice provided satisfies the requirements of due process and Fed. R. Civ. P. 23(e)(1); B. Finds that Settlement Class Members have been adequately represented by the Class Representative and Class Counsel; C. Finds that the Settlement Agreement is to be fair, reasonable and adequate to as to, and in the best interests of, the Settlement ClassClass Members, and that each Settlement Class Member shall be bound by this Agreement, including the releases in Sections XVI, and the covenant not to xxx in Section 16.02, and that this Settlement Agreement should be and is finally approved; D. Dismisses d. direct the Parties and their counsel to implement this Agreement according to its terms and provisions; e. declare this Agreement to be binding on, and have preclusive effect on, all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiff, the Settlement Class Members, and the Releasing Parties; f. find that the Class Notice as described in Section 7 of this Agreement satisfies the requirements of the Federal Rule of Civil Procedure, the Due Process Clause of the United States Constitution, and all applicable rules of the Court, constitutes the best practicable notice under the g. find that the Class Representative and Class Counsel adequately represented the Settlement Class for purposes of entering and implementing the Agreement; h. dismiss the Action with prejudice, including without limitation all Released Claims against the Released Parties, on the merits and with prejudice all claims of the Settlement Class Members asserted against Defendant in the Actionprejudice, with each Party waiving all rights to appeal and waiving all rights to seek reimbursement of attorneys’ without fees or costs (to any Party except as expressly provided in this Agreement); E. Permanently enjoins i. approve and incorporate the releases described in Section 15 of this Agreement, make such releases effective as of the date of entry of the Final Approval Order and Judgment, and forever discharge the Released Parties from the Released Claims; j. without affecting the finality of the Final Approval Order and Judgment, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of this Agreement; and x. permanently enjoin each and every Settlement Class Member from bringing, joining, or continuing to prosecute any Released Claims against Defendant Cruise Defendants or any of the Released Parties; . 13.4 If the Court refuses to issue the Final Approval Order and Judgment in substantially the same form as Exhibit 1 hereto, or otherwise refuses to issue the Final Approval Order and Judgment, or if the Final Approval Order and Judgment is reversed or modified on appeal and/or remand, then the Settlement and this Agreement in its entirety shall become null and void, unless the Parties promptly agree in writing to proceed with the Settlement. In the event the Settlement and this Agreement becomes null and void as described in this Section 16 of the Agreement, the Parties shall be restored without prejudice to their respective litigation positions in the Action prior to execution of this Agreement. 13.5 The Parties, Class Counsel, and Cruise Defendants’ Counsel shall undertake all reasonable efforts that are in good faith necessary and appropriate to obtain a Final Approval Order and Judgment in substantially the same form as Exhibit 1 hereto. 13.6 This Agreement is subject to and conditioned upon the issuance by the Court of the Final Approval Order that grants final approval of this Agreement and enters a final judgment and,: F. Retains jurisdiction a. finds that the Notice provided satisfies the requirements of due process and Federal Rules of Civil Procedure Rule 23(e)(1); b. finds that Settlement Class Members have been adequately represented by the Class Representatives and Class Counsel; c. finds that the Agreement is fair, reasonable, and adequate with respect to the Settlement Class, that each Settlement Class Member will be bound by this Agreement, including the releases of all matters relating claims related to the interpretationthis Action, administration, implementation, effectuation and enforcement of that this settlement.Agreement should be and is approved;