Common use of FINAL APPROVAL OF THE PROPOSED SETTLEMENT Clause in Contracts

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 1. At least seven (7) days prior to the Final Approval Hearing, Class Counsel will file a motion seeking the Court’s final approval of the Proposed Settlement at the Final Approval Hearing to be held at a time, date, and location as set by the Court and that will be stated in the Notices (if provided by the Court). The Motion shall request, at minimum, the Court to enter a Final Order and Judgment that: a. Certifies the Settlement Class for settlement purposes only; b. Finds the Court has personal jurisdiction over all Settlement Class Members and subject matter jurisdiction to approve this Agreement and all Exhibits thereto; c. Gives final approval to the Proposed Settlement and directs the Parties and counsel to comply with and consummate the terms of the Agreement; d. Finds that Class Counsel and Plaintiff adequately represented the Settlement Class; e. Finds that the terms of this Agreement are fair, reasonable, and adequate to the Settlement Class Members; f. Finds that the notice set forth in this Agreement (i) constituted the best practicable notice under the circumstances, (ii) was reasonably calculated to apprise potential 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 (iii) constituted due, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, neither share in nor are bound by the Final Order and Judgment; h. Provides that Plaintiff, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List, and their respective heirs, trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliates, and assigns, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant and all the Released Persons, and are bound by the provisions of this Agreement; i. Dismisses all claims in the Action on the merits and with prejudice, and without fees or costs except as provided herein, and entering final judgment thereon; j. Determines the amount of the Attorneys’ Fees Award to Class Counsel and the amount of the Class Representative Xxx awarded to the Class Representative; k. Reappoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever (including, but not limited to referrals to other counsel) any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate counsel, without specifically identifying options for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agents, and the successors and assigns of each and any of them, from asserting, either directly or indirectly, individually, or in a representative capacity or on behalf of or as part of a class, and whether under State or Federal statutory or common law, any and all of the Released Claims against any and all of the Released Persons; and n. Retains jurisdiction to enforce the Agreement and Final Judgment.

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 141. At least seven Within fifteen (715) days prior after the deadline for seeking exclusion from the Settlement Class and/or for filing objections to the Final Approval HearingProposed Settlement, Class Counsel will file a motion seeking the Court’s final approval 's Final Approval of the Proposed Settlement at the Final Approval Fairness Hearing to be held at a time, date, and location as set by the Court and that will be stated in the Notices (if provided by the Court)Notice. The Motion shall request, at minimum, the Court to enter a Final Order and Judgment that: a. Certifies (a) certifies the Settlement Class for settlement purposes only; b. Finds (b) finds the Court has personal jurisdiction over all Settlement Class Members and subject matter jurisdiction to approve this Agreement and all Exhibits thereto; c. Gives (c) gives final approval to the Proposed Settlement and directs the Parties and counsel to comply with and consummate the terms of the Agreement; d. Finds (d) finds that Class Counsel and the Plaintiff adequately represented the Settlement Class; e. Finds (e) finds that the terms of this Agreement are fair, reasonable, and adequate to the Settlement Class Members; f. Finds (f) finds that the notice Notice set forth in this Agreement (i) constituted the best practicable notice under the circumstances, ; (ii) was reasonably calculated to apprise potential 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 Fairness Hearing, ; and (iii) constituted due, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds (g) finds that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, neither share in nor are bound by the Final Order and Judgment; h. Provides (h) provides that the Plaintiff, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List, and their respective heirs, estates, trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliatesassigns, and assignssuccessors, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form or Electronic Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant Defendants and all the Released Persons, and are bound by the provisions of this Agreement; i. Dismisses (i) dismisses all claims in the Action on the merits and with prejudice, and without fees or costs except as provided herein, and entering final judgment thereon;; and j. Determines (j) determines the amount of the Attorneys’ Fees and Costs Award to Class Counsel and the amount of the Class Representative Xxx awarded to the Class Representative; k. Reappoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever (including, but not limited to referrals to other counsel) any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate counsel, without specifically identifying options for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agentsCounsel, and the successors and assigns of each and any of themService Award to the Plaintiff. (k) appoints Epiq Systems, from asserting, either directly or indirectly, individually, or in a representative capacity or on behalf of or Inc. as part of a class, and whether under State or Federal statutory or common law, any and all of the Released Claims against any and all of the Released Persons; and n. Retains jurisdiction to enforce the Agreement and Final JudgmentSettlement Administrator.

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 1. At least seven ten (710) days prior to the Final Approval Hearing, Class Counsel will file a motion seeking the Court’s final approval of the Proposed Settlement at the Final Approval Hearing to be held at a time, date, and location as set by the Court and that will be stated in the Notices (if provided by the Court). The Motion shall request, at minimum, the Court to enter a Final Order and Judgment that: a. Certifies the Settlement Class for settlement purposes only; b. Finds the Court has personal jurisdiction over all Settlement Class Members and subject matter jurisdiction to approve this Agreement and all Exhibits thereto; c. Gives final approval to the Proposed Settlement and directs the Parties and counsel to comply with and consummate the terms of the Agreement; d. Finds that Class Counsel and Plaintiff Plaintiffs adequately represented the Settlement Class; e. Finds that the terms of this Agreement are fair, reasonable, and adequate to the Settlement Class Members; f. Finds that the notice set forth in this Agreement (i) constituted the best practicable notice under the circumstances, (ii) was reasonably calculated to apprise potential 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 (iii) constituted due, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds that the Class Action Fairness Act notice provided by the Settlement Administrator on behalf of PGAC complied with 28 U.S.C. § 1715(b); h. Finds that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, neither share in nor are bound by the Final Order and Judgment; h. i. Provides that PlaintiffPlaintiffs, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List, and their respective heirs, trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliates, and assigns, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant PGAC and all the Released Persons, and are bound by the provisions of this Agreement; i. j. Dismisses all claims in the Action on the merits and with prejudice, and without fees or costs except as provided herein, and entering final judgment thereon; j. k. Determines the amount of the Attorneys’ Fees Award to Class Counsel and the amount of the Class Representative Xxx awarded to the Class Representative;Counsel; and k. Reappoints l. Appoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever (including, but not limited to referrals to other counsel) any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate counsel, without specifically identifying options for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agents, and the successors and assigns of each and any of them, from asserting, either directly or indirectly, individually, or in a representative capacity or on behalf of or as part of a class, and whether under State or Federal statutory or common law, any and all of the Released Claims against any and all of the Released Persons; and n. Retains jurisdiction to enforce the Agreement and Final Judgment.

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 162. At least seven (7After the completion of the mailing described in Paragraphs 53-54, the completion of the website described in Paragraph 56, the deadline for seeking exclusion from the Settlement Class as provided in Paragraphs 45(p) days prior and 96, and the deadline for filing objections to the Final Approval HearingProposed Settlement as provided in Paragraphs 45(s) and 102, Class Counsel will file a motion seeking the Court’s final approval of the Proposed Settlement at the Final Approval Fairness Hearing to be held at a time, date, and location as set by the Court and that will be stated in the Notices (if provided by Mailed and Emailed Notice and in the Court)Preliminary Approval Order or other order. The Motion Parties shall request, at minimum, request the Court to enter a Final Order and Judgment without material alteration from Exhibit 6 that, among other things: a. Certifies (a) certifies the Settlement Class for settlement purposes only; b. Finds (b) finds that the Court has personal jurisdiction over all Settlement Class Members and that the Court has subject matter jurisdiction to approve this Agreement and all Exhibits thereto; c. Gives (c) gives final approval to the Proposed Settlement without material alteration, and directs the Parties and counsel to comply with and consummate the terms of the this Agreement; d. Finds (d) finds that Class Counsel and Plaintiff the Named Plaintiffs have adequately represented the Settlement Class; e. Finds (e) finds that the terms of this Agreement are fair, reasonable, and adequate to the Settlement Class Members; consistent and in compliance with all requirements of due process and federal law; f. Finds (f) finds that the Mailed and Emailed Notice, the settlement website, and the notice set forth in methodology implemented pursuant to this Agreement (i) constituted the best practicable notice under the circumstances, notice; (ii) was were reasonably calculated to apprise potential Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the Proposed Settlement, Settlement and to appear at the Final Approval Fairness Hearing, ; and (iii) constituted were reasonable and constitute due, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds (g) finds that the Class Action Fairness Act Notice provided by the Settlement Administrator on behalf of Defendants was in compliance with 28 U.S.C. § 1715(b), and that the Class Action Fairness Act Notice was given more than 90 days prior to any order of final approval, in accordance with 28 U.S.C. § 1715(d); (h) determines that the Agreement and the settlement provided for herein, and any proceedings taken pursuant thereto, are not, and should not in any event be offered, received, or construed as evidence of, a presumption, concession, or an admission by any Party of liability or of the certifiability of a litigation class; provided, however, that reference may be made to this Agreement and the settlement provided for herein in such proceedings as may be necessary to effectuate the provisions of this Agreement, as further set forth in this Agreement; (i) approves the Opt-Out List and determines that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, shall neither share in nor are be bound by the Final Order and Judgment; h. Provides (j) provides that Plaintiffthe Named Plaintiffs, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Opt- Out List, and their respective heirs, estates, trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliatesassigns, and assignssuccessors, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form or Electronic Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant Defendants and all the Released Persons, and are bound by the provisions of this Agreement, including the Release in Paragraphs 32-34, 39, and 63-64; i. Dismisses (k) dismisses all claims (individual and class claims) in the Action as to Defendants on the merits and with prejudice, and without fees or costs except as provided herein, and entering final judgment thereon; j. Determines (l) determines the amount of the Attorneys’ Fees Fee Award to Class Counsel and the amount of the Class Representative Xxx awarded to the Class Representative; k. Reappoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever (including, but not limited to referrals to other counsel) any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate counsel, without specifically identifying options for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agentsCounsel, and the successors Incentive Award to the Named Plaintiffs, as set forth in Paragraphs 83-86; (m) appoints Xxxx Administration, LLC as the Settlement Administrator; (n) appoints Xxxxxxx X. Xxxxxxxx as Neutral Evaluator; (o) authorizes the Parties, without further approval from the Court, to agree to and assigns adopt such amendments, modifications, and expansions of each this Agreement and all Exhibits hereto as (i) shall be consistent in all material respects with the Final Order and Judgment and (ii) do not reduce or limit any rights of Settlement Class Members; and (p) provides that any Party to this Agreement, the Neutral Evaluator, the Settlement Administrator, counsel in any capacity in which they may act under the authority of this Agreement, and any of thememployees, from asserting, either directly or indirectly, individuallyrepresentatives, or agents of such Persons or entities shall not be liable for anything done or omitted in a representative capacity or on behalf connection with this Agreement and/or the claims administration process. Defendants will not oppose final approval of or the settlement in the form attached hereto as part of a classExhibit 6, and whether under State or Federal statutory or common law, any may submit their own material with respect to settlement approval and all of the Released Claims against any and all of the Released Persons; and n. Retains jurisdiction to enforce the Agreement and Final JudgmentFairness Hearing.

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 1‌ 45. At least seven Ten (710) days prior to the Final Approval Fairness Hearing, Class Counsel will file a motion seeking the Court’s final approval of the Proposed Settlement at the Final Approval Fairness Hearing to be held at a time, date, and location as set by the Court and that will be stated in the Notices (if provided by the Court)Notice. The Motion shall request, at minimum, the Court to enter a Final Order and Judgment that: a. Certifies (a) certifies the Settlement Class for settlement purposes only; b. Finds (b) finds the Court has personal jurisdiction over all Settlement Class Members and subject matter jurisdiction to approve this Agreement and all Exhibits thereto; c. Gives (c) gives final approval to the Proposed Settlement and directs the Parties and counsel to comply with and consummate the terms of the Agreement; d. Finds (d) finds that Class Counsel and Plaintiff the Plaintiffs adequately represented the Settlement Class; e. Finds (e) finds that the terms of this Agreement are fair, reasonable, and adequate to the Settlement Class Members; f. Finds (f) finds that the notice Notice set forth in this Agreement (i) constituted the best practicable notice under the circumstances, ; (ii) was reasonably calculated to apprise potential 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 Fairness Hearing, ; and (iii) constituted due, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds (g) finds that the Class Action Fairness Act Notice provided by the Settlement Administrator on behalf of GEICO complied with 28 U.S.C. § 1715(b); (h) finds that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, neither share in nor are bound by the Final Order and Judgment; h. Provides (i) provides that Plaintiffthe Plaintiffs, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Opt- Out List, and their respective heirs, estates, trustees, executors, administrators, principals, beneficiaries, representatives, attorneys, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliatesassigns, and assignssuccessors, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form or Electronic Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant Defendants and all the Released Persons, and are bound by the provisions of this Agreement; i. Dismisses (j) dismisses all claims in the Action on the merits and with prejudice, and without fees or costs except as provided herein, and entering final judgment thereon; j. Determines (k) determines the amount of the Attorneys’ Fees Award to Class Counsel and the amount of the Class Representative Xxx awarded to the Class Representative; k. Reappoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever (including, but not limited to referrals to other counsel) any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate counsel, without specifically identifying options for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agentsCounsel, and the successors and assigns of each and any of them, from asserting, either directly or indirectly, individually, or in a representative capacity or on behalf of or Service Award to the Plaintiffs; and (l) appoints JND Legal Administration as part of a class, and whether under State or Federal statutory or common law, any and all of the Released Claims against any and all of the Released Persons; and n. Retains jurisdiction to enforce the Agreement and Final JudgmentSettlement Administrator.

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 141. At least seven (7) days prior to The parties acknowledge that on the day set by the Court for the Final Approval Hearing, the Court may review any objections to the Proposed Settlement that have been timely filed, and conduct such other proceedings, including the taking of testimony, receipt of legal memoranda, and hearing of arguments from the parties or others properly present at the Final Approval Hearing as the Court may deem appropriate under the circumstances. 42. After the completion of the Notice described above, the deadline for seeking exclusion from the Settlement Class as provided below, and the deadline for filing objections to the Proposed Settlement as provided below, the Parties and/or the TPA shall provide to the Court an affidavit and other evidence that may be required to demonstrate to the Court that the procedures for class notice have been completed. Class Counsel will file then file, and State Farm will not oppose, a motion seeking the Court’s final approval Final Approval of the Proposed Settlement at the a Final Approval Hearing to be held at a time, date, and location as set by the Court and that will be stated bestated in the Notices (if provided by the Court). The Motion shall request, at minimum, the Court sent to enter a Final Order and Judgment that: a. Certifies the Settlement Class for settlement purposes only; b. Finds the Court has personal jurisdiction over all Settlement Class Members and subject matter jurisdiction to approve this Agreement and all Exhibits thereto;in the order preliminarily approving the Proposed Settlement. c. Gives 43. In seeking final approval to Approval of the Settlement, Plaintiff will request that the Court enter (a) Approving the Proposed Settlement without material alteration and directs directing the Parties parties and counsel to comply with and consummate the terms of the this Agreement; d. Finds (b) Certifying the Settlement Class for settlement purposes; (c) Finding that Class Counsel and Plaintiff have adequately represented the Settlement Class; e. Finds (d) Finding that the terms of this Settlement Agreement are fair, reasonable, and adequate to the class; (e) Providing that each non-excluded member of the Settlement Class Membersshall be bound by the provisions of this Agreement; f. Finds (f) Finding that the mailing of the Notice and the methodology for notice set forth implemented by this Agreement and approved by the Court was both reasonable and the best practicable notice, and satisfies the requirements of the Federal Rules of Civil Procedure and the due process requirements under the United States Constitution; (g) Directing State Farm to distribute the Fund to the TPA, who will then mail checks to the Class Members in the amounts agreed to in this Agreement Settlement Agreement; and (h) Directing State Farm to pay any approved Class Representative payment in accordance with instructions from Class Counsel, and to pay any approved Attorneys’ Fees, Costs, and Expenses award in accordance with instructions from Class Counsel; and (i) constituted Dismissing all claims in the best practicable notice under Action as to State Farm on the circumstances, (ii) was reasonably calculated to apprise potential Settlement Class Members of the pendency of the Action, their right to object to or exclude themselves from the Proposed Settlement, merits and to appear at the with prejudice and entering Final Approval HearingOrder thereon with a finding that there is no just reason to delay enforcement. 44. On the Effective Date, Plaintiff and (iii) constituted duethe Class Members, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, neither share in nor are bound by the Final Order and Judgment; h. Provides that Plaintiff, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List, and including their respective heirs, trustees, executors, administrators, principals, beneficiaries, representatives, agentsassigns, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliates, and assigns, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant and all the Released Persons, and are successors will be bound by the provisions of this Agreement; i. Dismisses all claims in the Action on the merits Final Approval Order and with prejudiceconclusively deemed to have fully released, acquitted, and without fees or costs except as provided herein, and entering final judgment thereon; j. Determines the amount of the Attorneys’ Fees Award to Class Counsel and the amount of the Class Representative Xxx awarded to the Class Representative; k. Reappoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever (including, but not limited to referrals to other counsel) any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate counsel, without specifically identifying options for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agents, and the successors and assigns of each and any of them, from asserting, either directly or indirectly, individually, or in a representative capacity or on behalf of or as part of a class, and whether under State or Federal statutory or common law, any and all of forever discharged the Released Claims against the Released Parties, and further agree not to institute, maintain, or assert any claims against any Released Parties on these claims. 45. Upon the entry of the Final Approval Order described above, thecase will bedismissed with prejudice as to State Farm, and the Plaintiff, individually and on behalf of the Settlement Class, will release all Released Parties from any and all Released Claims. 46. Nothing contained in this Settlement Agreement shall preclude actions necessary for the enforcement of the Released Persons; and n. Retains jurisdiction to enforce the terms of this Settlement Agreement and or any Final JudgmentApproval Order.

FINAL APPROVAL OF THE PROPOSED SETTLEMENT. 155. At least seven (7) days prior After the completion of the mailing of Individual Notices as provided in Paragraphs 40-41, the publishing of Publication Notice as provided in Paragraph 42, the deadline for seeking exclusion from the Settlement Class as provided in Paragraph 48, and the deadline for filing a notice of objection to the Final Approval HearingProposed Settlement as provided in Paragraphs 51-53, Class Counsel will file a motion seeking the Court’s final approval of the Proposed Settlement Preliminary Approval Order at the a Final Approval Hearing to be held at a time, date, and location as set by the Court and that will be stated in the Notices (if provided by Individual Notice and Publication Notice, and in the Court)order preliminarily approving the Proposed Settlement. The Motion Plaintiffs shall request, at minimum, request the Court to enter a Final Judgment substantially in the form of the Final Order and Judgment thatApproving Settlement and Dismissing Action with Prejudice attached hereto as Exhibit “6” in both the Xxxxxx Action and the Xxxxxxx Action, which provides for: a. Certifies the Settlement Class for settlement purposes only; b. Finds the Court has personal jurisdiction over all Settlement Class Members and subject matter jurisdiction to approve this Agreement and all Exhibits thereto; c. Gives final approval to (a) Approving the Proposed Settlement without material alteration, and directs directing the Parties parties and counsel to comply with and consummate the terms of the Agreementthis Stipulation; d. Finds that (b) Certifying the Settlement Class for settlement purposes only; (c) Finding Class Counsel and Plaintiff Plaintiffs have adequately represented the Settlement Class; e. Finds that (d) Finding the terms of this Agreement Stipulation are fair, reasonable, and adequate to the Settlement Class MembersClass; f. Finds (e) Providing that the notice set forth in this Agreement (i) constituted the best practicable notice under the circumstances, (ii) was reasonably calculated to apprise potential Settlement Class Members each member 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 (iii) constituted due, adequate, and sufficient process and notice to all Persons entitled to receive notice; g. Finds that the Opt-Out List is a complete list of all Settlement Class Members who have timely requested exclusion from the Settlement Class and, accordingly, neither share in nor are bound by the Final Order and Judgment; h. Provides that Plaintiff, all Settlement Class Members who have not been excluded from the Settlement Class as provided in the Opt-Out List, and their respective heirs, trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present and former officers, directors, employees, insureds, attorneys, contractors, predecessors, successors, parent companies, subsidiaries, divisions, affiliates, and assigns, and/or anyone claiming through them or acting or purporting to act for them or on their behalf, regardless of whether they have submitted a Claim Form, and regardless of whether they have received actual notice of the Proposed Settlement, have conclusively compromised, settled, discharged, and released all Released Claims against Defendant and all the Released Persons, and are shall be bound by the provisions of this AgreementStipulation, including the releases in Paragraphs 81-83; i. Dismisses (f) Finding the mailing of the Individual Notice and publication of the Publication Notice approved by the Court were best practicable notice and satisfy the requirements of the Georgia Rules of Civil Procedure and the requirements of due process under the Georgia and United States Constitutions, and the requirements of any other applicable rules or law; (g) Dismissing all claims in the Xxxxxx Action and the Xxxxxxx Action as to Defendant on the merits and with prejudice, and without fees or costs except as provided herein, and entering final judgment thereon; j. Determines the amount (h) Permanently enjoining Class Members who have not opted out, from filing, commencing, prosecuting, intervening in, or participating in (as parties and/or class members) any action regarding any Released Claim, and providing that any person in contempt of the Attorneysinjunction may be subject to sanctions, including payment of reasonable attorneys’ Fees Award fees incurred to seek enforcement of the injunction; (i) Approving the payment of the attorneys’ fees, costs and expenses to Class Counsel in an amount up to One Million One Hundred and Ninety Thousand Dollars ($1,190,000) and participation awards to the Representative Plaintiffs of the Xxxxxx Action and the amount Xxxxxxx Action as follows: Seven Thousand and Five Hundred Dollars ($7,500) each to Xxxxxxxx Xxxxxx and Xxx XxXxxxxx and Five Thousand Dollars ($5,000) each to Kerington Xxxxxxx and Xxxxxx Xxxxxxxx; Defendant will not oppose final approval of the Class Representative Xxx awarded settlement in the form of the Final Judgment attached hereto as Exhibit “6” and may submit its own material in respect to Final Settlement approval at the Final Approval Hearing. 56. The Parties to this Stipulation further agree that any party to this Stipulation, counsel in any capacity in which they may act under the authority of the Stipulation, and any employees, representatives, or agents of such law firms or the Parties to the Class Representative; k. Reappoints the Settlement Administrator to continue to administer the Final Settlement; l. Orders that Class Counsel and their respective firms agree (only to the extent that it is otherwise not violative of any applicable rules governing the practice of law) not to represent, encourage, solicit or otherwise assist, in any way whatsoever Stipulation (including, but without limitation, the Administrator and those employees and independent contractors who may furnish services in connection with the proposed Stipulation) shall not limited to referrals to other counsel) be liable for anything done or omitted in connection with the Stipulation and/or the claims administration process under it except for their own willful misconduct. Neither Plaintiffs, Defendant, nor any opt out or any form of opt-out class, except that referring such person to the Notice or suggesting to any such person the option of obtaining separate Parties’ counsel, without specifically identifying options shall be liable for such counsel will not violate this provision; m. Permanently bars and enjoins the Plaintiff and each and every Class Member, and their respective heirs, executors, administrators, partners, and agents, and the successors and assigns of each and any of them, from asserting, either directly act or indirectly, individually, or in a representative capacity or on behalf of or as part of a class, and whether under State or Federal statutory or common law, any and all omission of the Released Claims against any and all of the Released Persons; and n. Retains jurisdiction to enforce the Agreement and Final JudgmentAdministrator.