Common use of Monetary Relief Clause in Contracts

Monetary Relief. the Settling Defendants shall offer partial refunds to Settlement Class Members for purchases of Prevagen Product(s) based upon a two-tier monetary relief structure to be distributed through an uncapped claims-made settlement, where, subject to the following provisions of the Claims Process: 1. The Settling Defendants agree to pay to all Settlement Class Members with Proof of Purchase who submit a valid “Claim Form,” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $70 per individual claimant. These claims will be referred to herein as “Proof of Purchase Claims,” and each such claimant a “Proof of Purchase Claimant”; 2. The Settling Defendants agree to pay to all Settlement Class Members without Proof of Purchase who submit a valid “Claim Form” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $12 per claimant. These claims will be referred to herein as “No Proof Claims,” and each such claimant a “No Proof Claimant”; 3. For purposes of this Section IV. B. the “Quincy MSRP” shall be defined as: • $39.95 for Prevagen Regular Strength 30 Count or Prevagen Regular Strength Chewables; • $74.95 for Prevagen Regular Strength 60 Count; • $59.95 for Prevagen Extra Strength 30 Count or Prevagen Extra Strength Chewables; • $109.95 for Prevagen Extra Strength 60 Count; and • $89.95 for Prevagen Professional Strength. 4. Claim Forms will be provided to the Class Action Settlement Administrator by a secure and reliable form of transmission such as via online Internet submissions or via U.S. Mail by the conclusion of the Claims Period based on the date of Postmark. 5. The Settling Defendants, through the Class Action Settlement Administrator, shall honor and administer the payment of all valid and eligible Claims submitted either through U.S. mail or online via the Settlement Website within the Claim Period. Neither the Settling Defendants nor the Class Action Settlement Administrator shall be obligated to honor untimely Claims received by the Class Action Settlement Administrator after the Claim Period. 6. The Settling Defendants shall fund the total amount to be paid to eligible Settlement Class Members within thirty (30) days after the Class Action Settlement Administrator determines the total amount to be paid for valid and eligible Claims (which determination the Class Action Settlement Administrator shall make thirty (30) days after the Claims Period ends or twenty (20) days after the Effective date, whichever is later). The Settling Defendants shall place said funds in an agreed-upon institutional account. The Class Action Settlement Administrator shall then pay all valid and eligible Claims within thirty (30) days after the Settling Defendants deposits the funds to be paid. 7. Any Party shall have the right, but not the obligation, to unilaterally terminate this Agreement (and the Settlement) within fourteen (14) days of any of the following occurrences: a. an appellate court reverses the Final Approval Order and Judgment, and the Agreement is not reinstated without material change by the Court on remand; b. any court deletes or strikes from, or modifies, amends, or changes, the Preliminary Approval Order, the Final Approval Order and Judgment, or the Agreement in a way that Plaintiffs or the Settling Defendants reasonably consider material, unless such modification or amendment is accepted in writing by all Parties; c. the Effective Date set forth in the Agreement does not occur; or d. more than ten percent (10%) of the Settlement Class opts out. 8. Notwithstanding the foregoing, neither Plaintiffs nor Class Counsel shall have any right to terminate the Agreement in the event the Court declines Plaintiffs’ and/or Class Counsel’s requests for Attorneys’ Fees, Expenses and/or Incentive Awards, or awards less than the amounts sought. However, Plaintiffs shall have the right to appeal the denial of their requests for Attorneys’ Fees, Expenses and/or Incentive Awards. 9. In order to exercise his, her, or its right to terminate this Agreement, the terminating Party must timely serve written notice of his, her, or its election to do so, which states the basis for the termination (“Termination Notice”), on counsel of record for all other Parties hereto. A Party’s termination of this Agreement is effective only if and when notice of same is timely served on counsel of record for the Parties. 10. In the event this Agreement is terminated, then: a. the certification of the Settlement Class and any other judgment or order relating in any way to this Settlement entered by the Court in the Action will be void and deemed vacated, nunc pro tunc, and without prejudice to the Settling Defendants’ right to contest class certification and their right to exercise all other rights and defenses in any of the Prevagen Actions; b. the Parties shall be restored to their respective positions prior to the entering into the Settlement status quo ante as if this Agreement had never been entered into, except for any provisions of this Agreement that expressly survive termination; and c. Any Party that terminates this Agreement shall be obligated to pay all reasonable costs and fees incurred by the Class Action Settlement Administrator.

Monetary Relief. In addition to all other consideration outlined in this Agreement, Class Members will be eligible for a Settlement Payment of up to $24.50. Class Members whose covered policy is still active will automatically receive their Settlement Payment in the Settling Defendants form of a check mailed to them by the Claims Administrator. Class Members whose covered policy is no longer active and who timely submit a valid Claim Form (Exhibit 1) by the Submission Deadline (as defined in paragraph 11 herein) will receive their Settlement Payment in the form of a check mailed to them by the Claims Administrator. Class Members’ Settlement Payments shall offer partial refunds be calculated as follows: The Settlement Amount minus (Attorneys’ Fees, Expenses and Incentive Award), divided by number of Settlement Class Members. A. American Family agrees to pay the sum of $264,000.00 (Two Hundred Sixty-Four Thousand Dollars) in a complete settlement of this Lawsuit (the “Settlement Amount”). This Settlement Amount is inclusive of the Attorneys’ Fees, Expenses and Incentive Award discussed in Paragraph 8 herein, which will be subject to Court approval. Under no circumstances will American Family pay more than the Settlement Amount. B. After deduction of court-approved Attorneys’ Fees, Expenses and Incentive Award, the remainder of the Settlement Amount will be divided on a pro rata basis among Settlement Class Members for purchases of Prevagen Product(s) based upon whose policies are currently active and whose policies are not currently active but who timely submitted a two-tier monetary relief structure to be distributed through an uncapped claims-made settlementvalid Claim Form, where, subject to the following provisions of the Claims Process: 1. The Settling Defendants agree to pay to all provided that no Settlement Class Members with Proof of Purchase who submit Member receives a valid “Claim Form,” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to Settlement Payment greater than $70 per individual claimant. These claims will be referred to herein as “Proof of Purchase Claims,” 24.50 (Twenty-Four Dollars and each such claimant a “Proof of Purchase Claimant”; 2. The Settling Defendants agree to pay to all Settlement Class Members without Proof of Purchase who submit a valid “Claim Form” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $12 per claimant. These claims will be referred to herein as “No Proof Claims,” and each such claimant a “No Proof Claimant”; 3. For purposes of this Section IV. B. the “Quincy MSRP” shall be defined as: • $39.95 for Prevagen Regular Strength 30 Count or Prevagen Regular Strength Chewables; • $74.95 for Prevagen Regular Strength 60 Count; • $59.95 for Prevagen Extra Strength 30 Count or Prevagen Extra Strength Chewables; • $109.95 for Prevagen Extra Strength 60 Count; and • $89.95 for Prevagen Professional StrengthFifty Cents). 4. Claim Forms will be provided to the Class Action Settlement Administrator by a secure and reliable form of transmission such as via online Internet submissions or via U.S. Mail by the conclusion of the Claims Period based on the date of Postmark. 5. The Settling Defendants, through the Class Action Settlement Administrator, shall honor and administer the payment of all valid and eligible Claims submitted either through U.S. mail or online via the Settlement Website within the Claim Period. Neither the Settling Defendants nor the Class Action Settlement Administrator shall be obligated to honor untimely Claims received by the Class Action Settlement Administrator after the Claim Period. 6. The Settling Defendants shall fund the total amount to be paid to eligible Settlement Class Members within C. Within thirty (30) days after of the Class Action Settlement Administrator determines Effective Date, the total amount to be paid for valid and eligible Claims (which determination the Class Action Settlement Administrator shall make thirty (30) issue payments to the Settlement Class Members whose policies are currently active and whose policies are not currently active but who timely submitted a valid Claim Form. If any Settlement Class Member fails to cash a settlement check within 90 days after of mailing, the Claims Period ends or twenty (20) days after the Effective date, whichever is later). The Settling Defendants shall place said funds in an agreed-upon institutional account. The Class Action Settlement Administrator shall then pay all valid and eligible Claims within thirty (30) days after stop payment or decline to honor the Settling Defendants deposits the funds to be paid. 7. Any Party shall have the right, but not the obligation, to unilaterally terminate this Agreement check (and this limitation will be printed on the Settlement) within fourteen (14) days of any face of the following occurrences: a. an appellate court reverses the Final Approval Order and Judgmentcheck), and the Agreement is Claims Administrator and American Family shall be released from any obligation to pay any Settlement Payment to such Settlement Class Member. D. The amounts represented by any uncashed checks, and any amounts deposited in the Settlement Fund (as defined in paragraph 9 herein) that are not reinstated without material change distributed to Settlement Class Members via Settlement Payments, shall be retained by the Claims Administrator, together with interest earned on funds deposited with the Claims Administrator, subject to further order by the Court, and shall be disbursed pursuant to any Order entered by the Court on remand; b. any court deletes or strikes from, or modifies, amends, or changesupon application of either of the Parties, the Preliminary Approval Order, filing of which shall take into consideration the Final Approval Order relative benefits and Judgment, or the Agreement in a way that Plaintiffs or the Settling Defendants reasonably consider material, unless expenses of any further administration of such modification or amendment is accepted in writing by all Parties; c. the Effective Date set forth in the Agreement does not occur; or d. more than ten percent (10%) of the Settlement Class opts out. 8. Notwithstanding the foregoing, neither Plaintiffs nor Class Counsel shall have any right to terminate the Agreement in the event the Court declines Plaintiffs’ and/or Class Counsel’s requests for Attorneys’ Fees, Expenses and/or Incentive Awards, or awards less than the amounts sought. However, Plaintiffs shall have the right to appeal the denial of their requests for Attorneys’ Fees, Expenses and/or Incentive Awards. 9remaining funds. In order to exercise his, her, or its right to terminate expedite the final resolution of this Agreementmatter, the terminating Party must timely serve written notice of his, her, or its election to do so, which states the basis for the termination (“Termination Notice”), on counsel of record for all other Parties hereto. A Party’s termination of this Agreement is effective only if and when notice of same is timely served on counsel of record for the Parties. 10. In the event this Agreement is terminated, then: a. the certification of the Settlement Class and further agree that any other judgment or order relating in any way to this Settlement Order entered by the Court directing the disposition of such uncashed check or unclaimed portion of the Settlement Fund (as defined in the Action will paragraph 9 herein) shall not be void and deemed vacated, nunc pro tuncappealable, and without prejudice to the Settling Defendants’ right to contest class certification and their right to exercise all other rights and defenses in any of the Prevagen Actions; b. the Parties shall be restored hereby waive their rights to their respective positions prior to the entering into the Settlement status quo ante as if this Agreement had never been entered into, except for appeal any provisions of this Agreement that expressly survive termination; and c. Any Party that terminates this Agreement shall be obligated to pay all reasonable costs and fees incurred by the Class Action Settlement Administratorsuch order.

Monetary Relief. the Settling Defendants shall offer partial refunds to Settlement Class Members for purchases of Prevagen Product(s) Products based upon a two-tier monetary relief structure to be distributed through an uncapped claims-made settlement, where, subject to the following provisions of the Claims Process: 1. The Settling Defendants agree to pay to all Settlement Class Members with Proof of Purchase who submit a valid “Claim Form,” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $70 per individual claimant. These claims will be referred to herein as “Proof of Purchase Claims,” and each such claimant a “Proof of Purchase Claimant”;. 2. The Settling Defendants agree to pay to all Settlement Class Members without Proof of Purchase who submit a valid “Claim Form” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $12 per claimant. These claims will be referred to herein as “No Proof Claims,” and each such claimant a “No Proof Claimant”;. 3. For purposes of this Section IV. B. the “The Quincy MSRP” MSRP shall be defined as: • $39.95 for Prevagen Regular Strength 30 Count or Prevagen Regular Strength Chewables; • $74.95 for Prevagen Regular Strength 60 Count; • $59.95 for Prevagen Extra Strength 30 Count or Prevagen Extra Strength Chewables; • $109.95 for Prevagen Extra Strength 60 Count; and • $89.95 for Prevagen Professional Strength. 4. Claim Forms will be provided to the Class Action Settlement Administrator by a secure and reliable form of transmission such as via online Internet submissions or via U.S. Mail by the conclusion of the Claims Period based on the date of Postmark. 5. The Settling Defendants, through the Class Action Settlement Administrator, shall honor and administer the payment of all valid and eligible Claims submitted either through U.S. mail or online via the Settlement Website within the Claim Period. Neither the Settling Defendants nor the Class Action Settlement Administrator shall be obligated to honor untimely Claims received by the Class Action Settlement Administrator after the Claim Period. 6. The Settling Defendants shall fund the total amount to be paid to eligible Settlement Class Members within thirty (30) days after the Class Action Settlement Administrator determines the total amount to be paid for valid and eligible Claims (which determination the Class Action Settlement Administrator shall make thirty (30) days after the Claims Period ends or twenty (20) days after the Effective date, whichever is later). The Settling Defendants shall place said funds in an agreed-upon institutional account. The Class Action Settlement Administrator shall then pay all valid and eligible Claims within thirty (30) days after the Settling Defendants deposits the funds to be paid. 7. Any Party shall have the right, but not the obligation, to unilaterally terminate this Agreement (and the Settlement) within fourteen (14) days of any of the following occurrences: a. an appellate court reverses the Final Approval Order and Judgment, and the Agreement is not reinstated without material change by the Court on remand; b. any court deletes or strikes from, or modifies, amends, or changes, the Preliminary Approval Order, the Final Approval Order and Judgment, or the Agreement in a way that Plaintiffs or the Settling Defendants reasonably consider material, unless such modification or amendment is accepted in writing by all Parties; c. the Effective Date set forth in the Agreement does not occur; or d. more than ten percent (10%) of the Settlement Class opts out. 8. Notwithstanding the foregoing, neither Plaintiffs nor Class Counsel shall have any right to terminate the Agreement in the event the Court declines Plaintiffs’ and/or Class Counsel’s requests for Attorneys’ Fees, Expenses and/or Incentive Awards, or awards less than the amounts sought. However, Plaintiffs shall have the right to appeal the denial of their requests for Attorneys’ Fees, Expenses and/or Incentive Awards. 9. In order to exercise his, her, or its right to terminate this Agreement, the terminating Party must timely serve written notice of his, her, or its election to do so, which states the basis for the termination (“Termination Notice”), on counsel of record for all other Parties hereto. A Party’s termination of this Agreement is effective only if and when notice of same is timely served on counsel of record for the Parties. 10. In the event this Agreement is terminated, then: a. the certification of the Settlement Class and any other judgment or order relating in any way to this Settlement entered by the Court in the Action will be void and deemed vacated, nunc pro tunc, and without prejudice to the Settling Defendants’ right to contest class certification and their right to exercise all other rights and defenses in any of the Prevagen Actions; b. the Parties shall be restored to their respective positions prior to the entering into the Settlement status quo ante as if this Agreement had never been entered into, except for any provisions of this Agreement that expressly survive termination; and c. Any Party that terminates this Agreement shall be obligated to pay all reasonable costs and fees incurred by the Class Action Settlement Administrator.

Monetary Relief. the Settling Defendants shall offer partial refunds to Settlement Class Members for purchases of Prevagen Product(s) based upon a two-tier monetary relief structure to be distributed through an uncapped claims-made settlement, where, subject to the following provisions of the Claims Process: 1. The Settling Defendants agree to pay, or cause to be paid, the “Settlement Amount,” which shall consist of One Hundred Fifty-Five Thousand Dollars ($155,000). The Settlement Amount shall be used to pay Settlement Class Member Awards, Service Awards, Approved Attorneys’ Fees, and Administration Expenses, as well as any cy pres award and any additional distributions as expressly contemplated in this Agreement and approved by the Court. 2. Within twenty one (21) days following the full execution of this Settlement Agreement, Defendants will transfer or cause to be transferred the Settlement Amount to Defendants’ Counsel, to be held in escrow pending preliminary approval of the settlement. 3. Within thirty (30) days following the Court’s entry of the Preliminary Approval Order, Defendants’ Counsel, through the Class Administrator, will deposit or cause to be deposited the Settlement Amount into the Class Settlement Account. 4. Settlement Class Member Awards will be distributed to all Settlement Class Members with Proof who have submitted approved Claim Forms pursuant to the terms of Purchase who submit a valid “Claim Form,” a cash refund this Agreement and pursuant to such Allocation Plan as the Court approves. Class Counsel may apply to the Court for reasonable modifications to the Allocation Plan in the interest of 30% of fairness to the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $70 per individual claimant. These claims will be referred to herein as “Proof of Purchase Claims,” and each such claimant a “Proof of Purchase Claimant”; 2. The Settling Defendants agree to pay to all Settlement Class Members without Proof of Purchase who submit a valid “Claim Form” a cash refund of 30% of the Quincy MSRP for the Prevagen Products those claimants purchased within the Class Period, up to $12 per claimant. These claims will be referred to herein as “No Proof Claims,” and each such claimant a “No Proof Claimant”; 3. For purposes of this Section IV. B. the “Quincy MSRP” shall be defined as: • $39.95 for Prevagen Regular Strength 30 Count or Prevagen Regular Strength Chewables; • $74.95 for Prevagen Regular Strength 60 Count; • $59.95 for Prevagen Extra Strength 30 Count or Prevagen Extra Strength Chewables; • $109.95 for Prevagen Extra Strength 60 Count; and • $89.95 for Prevagen Professional Strength. 4. Claim Forms will be provided to the Class Action Settlement Administrator by a secure and reliable form of transmission such as via online Internet submissions or via U.S. Mail by the conclusion of the Claims Period based on the date of PostmarkMembers. 5. The Settling DefendantsNamed Plaintiffs may file applications for Service Awards, through to be paid from the Class Action Settlement AdministratorAmount, of up to Five Thousand Dollars ($5,000) at the Fairness Hearing. The Service Awards, if approved by the Court, shall honor be paid pursuant to the provisions of the Allocation Plan and administer the payment of all valid and eligible Claims submitted either through U.S. mail or online via the Settlement Website within the Claim Period. Neither the Settling Defendants nor the Class Action Settlement Administrator shall be obligated to honor untimely Claims received by the Class Action Settlement Administrator after the Claim PeriodFinal Approval Order. 6. The Settling Defendants Along with Class Counsel’s motion for final approval, Class Counsel may petition the Court for approval of an award of reasonable attorneys’ fees costs, and expenses incurred in prosecuting the Class’s claims against the Defendants. Any award of reasonable attorneys’ fees costs, and expenses shall fund come solely from the total amount to be paid to eligible Settlement Class Members within thirty (30) days after the Class Action Settlement Administrator determines the total amount to be paid for valid and eligible Claims (which determination the Class Action Settlement Administrator shall make thirty (30) days after the Claims Period ends or twenty (20) days after the Effective date, whichever is later). The Settling Defendants shall place said funds in an agreed-upon institutional account. The Class Action Settlement Administrator shall then pay all valid and eligible Claims within thirty (30) days after the Settling Defendants deposits the funds to be paidAmount. 7. Any Party To the extent that funds remain in the Class Settlement Account after the initial distribution of Settlement Class Member Awards, Service Awards, and Administration Expenses, and Approved Attorneys’ Fees, the Class Administrator and Class Counsel shall have together determine whether to make any further distributions consistent with the rightAllocation Plan, but not after considering whether such distribution is practical and feasible in light of the obligation, to unilaterally terminate this Agreement (amount that remains in the Class Settlement Account and the Settlement) within fourteen (14) days estimated costs of any such distribution. If further distributions are not economically feasible, the remainder shall, subject to Court approval, be given as a cy pres award to a not-for-profit organization that benefits individuals adversely affected by consumer debt collection practices. Under no circumstances will any of the following occurrences: a. an appellate court reverses the Final Approval Order and Judgment, and the Agreement is not reinstated without material change by the Court on remand; b. any court deletes or strikes from, or modifies, amends, or changes, the Preliminary Approval Order, the Final Approval Order and Judgment, or the Agreement in a way that Plaintiffs or the Settling Defendants reasonably consider material, unless such modification or amendment is accepted in writing by all Parties; c. the Effective Date set forth in the Agreement does not occur; or d. more than ten percent (10%) of the Settlement Class opts outAmount revert to Defendants. 8. Notwithstanding Plaintiffs’ agreement to these terms is expressly premised upon the foregoingtruthfulness, neither Plaintiffs nor accuracy and completeness of the following financial statements, documents, and representations regarding Defendants’ financial position provided by Defendants’ Counsel to Class Counsel shall have any right to terminate the Agreement in the event the Court declines Plaintiffs’ and/or Class Counsel’s requests for Attorneys’ Feeson May 31, Expenses and/or Incentive Awards2022 (email with financial information): June 1, or awards less than the amounts sought. However2022 (call regarding financial information and insurance information); June 2, Plaintiffs shall have the right to appeal the denial of their requests for Attorneys’ Fees2022 (email with insurance information); June 3, Expenses and/or Incentive Awards2022 (email with financial information); and June 13, 2022 (email with insurance information). 9. In order to exercise hisIf, her, or its right to terminate this Agreement, the terminating Party must timely serve written notice of his, her, or its election to do so, which states the basis for the termination (“Termination Notice”), on counsel of record for all other Parties hereto. A Party’s termination of this Agreement is effective only if and when notice of same is timely served on counsel of record for the Parties. 10. In the event this Agreement is terminated, then: a. the certification of the Settlement Class and any other judgment or order relating in any way to this Settlement entered upon motion by the Court in the Action will be void and deemed vacated, nunc pro tunc, and without prejudice to the Settling Defendants’ right to contest class certification and their right to exercise all other rights and defenses in any of the Prevagen Actions; b. the Parties shall be restored to their respective positions Plaintiffs made prior to the entering into Final Settlement Date, the Court finds that any Defendant failed to disclose any material asset, materially misstated the value of any asset, or made any other material misstatement or omission in the financial representations identified above, Plaintiffs may terminate this Settlement status quo ante as if this Agreement had never been entered intoAgreement. Plaintiffs reserve the right to move the Court for appropriate relief if, except for after the Final Settlement Date, Plaintiffs find that any provisions Defendant failed to disclose any material asset, materially misstated the value of this Agreement that expressly survive termination; and c. Any Party that terminates this Agreement shall be obligated any asset, or made any other material misstatement or omission in the financial representations identified above, and Defendants reserve the right to pay all reasonable costs and fees incurred by the Class Action Settlement Administratoroppose such a motion.