Common use of NOTICE AND SETTLEMENT ADMINISTRATION Clause in Contracts

NOTICE AND SETTLEMENT ADMINISTRATION. 1. Notice and Settlement administration will be performed by Xxxxxxx, subject to approval by the Court. The Settlement Administrator will be paid from the Settlement Fund. 2. The Settlement Administrator shall perform the duties, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (a) preparing and disseminating notice to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Website; (C) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission of the postcard notice, Full Class Notice, and email notice, returned mail, and other communications and attempted written or electronic communications with the Settlement Class; (h) confirming in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agree. 3. Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, last known mailing addresses, and email addresses for all members of the Settlement Class for whom it has records as soon as practicable but starting no later than thirty (30) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement. 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the email notice to all Settlement Class Members for whom Apple has provided the Settlement Administrator with an email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the postcard notice by mail to all Settlement Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the Settlement Class, the Settlement Administrator will provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back and for whom a physical address can be located. Any such supplemental notice shall be completed no later than thirty (30) days prior to the Objection and Exclusion Deadline. 5. The Parties agree upon and will seek Court approval of the following forms and methods of notice to members of the Settlement Class:

NOTICE AND SETTLEMENT ADMINISTRATION. 14.1. Notice and Settlement administration will be performed by XxxxxxxSubject to Court approval, subject to approval by the Court. The Settlement Administrator will be paid from the Settlement Fund. 2. The Settlement Administrator shall perform the dutiesParties have agreed that providing Email Notice, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (a) preparing and disseminating notice to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Website; (C) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission of the postcard notice, Full Class Postcard Notice, and email notice, returned mail, Publication Notice to the Class Members in the manner described herein is the best and other communications most fair and attempted written or electronic communications with reasonable notice practicable under the Settlement Class; (h) confirming in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and circumstances. Class Counsel mutually agreewill not of their own initiative advocate for content or methods of Class Notice beyond that to which the Parties have agreed in Section VII of this Agreement. 34.2. Apple will provide The Parties agree to the following procedures for giving notice of this Settlement Administrator (but not to the Class Counsel) the names, last known mailing addresses, and email addresses for all members of the Settlement Class for whom it has records as soon as practicable but starting no later than thirty (30) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement.Members: 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than A. Within thirty (30) calendar days after Apple provides of entry of the Preliminary Approval Order or on such date otherwise ordered by the Court, the Parties shall provide the Settlement Administrator with an electronic list that includes the following information with respect to each Settlement Class Member for which the Parties have information (i) first and last name, (ii) email address, (iii) last known mailing address (if available), (iv) phone number (if available), (v) the number of XTEND Products purchased by the Settlement Class list in an electronic formatMember (if available), (vi) the type of XTEND Products purchased by the Settlement Class Member (if available), and (vii) the third party seller from whom the Settlement Class Member purchased each XTEND Product (if available). The Defendant will endeavor to conduct a probing and reasonable search of their records for this information and agree to make best efforts to obtain this information. B. No later than the Notice Date, the Settlement Administrator shall send the email notice Direct Notice to all Settlement Class Members as follows. For Settlement Class Members for whom Apple has provided the Settlement Administrator with an has email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic formataddresses, the Settlement Administrator shall send (i) a copy of the postcard notice Email Notice in the form approved by mail the Court to all those Settlement Class Members for whom Apple has not provided an email addressaddress is available, and (ii) a copy of the Postcard Notice in the form approved by the Court to those Settlement Class Members for whom a physical mailing address is available. In For Settlement Class Members for whom the event Settlement Administrator does not have email addresses but for whom a physical mailing address is available, the Settlement Administrator shall send a copy of the Postcard Notice in the form approved by the Court. C. The Settlement Administrator shall utilize the national change of address database to update the mailing list of the Settlement Class Members for whom a mailing address is available prior to sending the Postcard Notice via First Class U.S. Mail. D. If no physical address is available in the list provided to the Settlement Administrator, the Settlement Administrator shall perform a single skip trace using information identifying the Settlement Class Member, as necessary, to identify the Settlement Class Member’s mailing address to allow Postcard Notice to be sent using an industry-accepted source such as Accurint, and shall send the Postcard Notice to the mailing address identified by the skip tracing. E. Any mailed Postcard Notices returned to the Settlement Administrator as undelivered and bearing a forwarding address shall be re-mailed by the Settlement Administrator within seven (7) calendar days following receipt of the returned mail. Further, if no forwarding address is available, the Settlement Administrator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices to the mailing addresses identified by the skip-tracing. F. No later than the Notice Date, the Settlement Administrator also shall launch the Settlement Website, which shall contain the Long Form Notice in both downloadable PDF format and HTML format with a clickable table of contents, answers to frequently asked questions, a contact information page that this notice reaches less than 90% includes the address for the Settlement Administrator and addresses and telephone numbers for Plaintiff’s Counsel, the Agreement, the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof, a downloadable and online version of members the Claim Form, a downloadable and online version of the form by which Settlement Class Members may exclude themselves from the Settlement Class, and (when they become available) the publicly filed motion for Final Approval of the Settlement, Plaintiff’s request for Attorneys’ Fees and Expenses and Service Award, and supporting declarations. The Settlement Administrator shall provide Plaintiff’s Counsel and Defendant’s Counsel with the opportunity to review the Settlement Website at least ten (10) calendar days prior to the scheduled launch date, and the Settlement Administrator will provide supplemental notice make any revisions requested by counsel. The Settlement Website shall remain accessible until sixty (60) calendar days after the Effective Date. G. On the Notice Date, the Settlement Administrator shall cause the Publication Notice to be published in the form of direct mail postcard notice to those members of manner ordered by the Settlement Class whose emails returned a hard bounce back and for whom a physical address can be located. Any such supplemental notice shall be completed no later than thirty (30) days prior to the Objection and Exclusion DeadlineCourt. 5. The Parties agree upon and will seek Court approval of the following forms and methods of notice to members of the Settlement Class:

NOTICE AND SETTLEMENT ADMINISTRATION. 1. Notice and Settlement administration will be performed by Xxxxxxx, subject to approval by the Court. 3.1 The Settlement Administrator will be paid from certify the number and identity of the Class Members under the Class definition, and compile a final Class Member list. To assist in this process, Defendants shall provide, within five (5) business days after entry of the Preliminary Approval Order, a Class Member list in readable electronic form to the Settlement Fund. 2Administrator. For each Class Member, Defendants shall provide the name and last known address. In preparing 2 Community Service Society of New York (Legal Department/Reentry Program), xxxx://xxx.xxxxx.xxx/ (general website) and xxxx://xxx.xxxxx.xxx/issues/entry/imprisonment- reentry, xxxx://xxx.xxxxx.xxx/advocacy-and-research/entry/legal-advocacy (information on reentry program); MFY Legal Services Inc. (Reentry Project), xxxx://xxx.xxx.xxx/ (general web site) and xxxx://xxx.xxx.xxx/projects/371-2/ (information on reentry project). the Class Member List, Defendants shall use reasonable, good faith efforts to identify Class Members. The Settlement Administrator shall perform ensure that the duties, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (a) preparing and disseminating notice to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Website; (C) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver to Apple Counsel information that it receives from Defendants and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from Members is secured and managed in such a way as to protect the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement security and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission confidentiality of the postcard noticeinformation, Full Class Notice, and email notice, returned mail, and other communications and attempted written or electronic communications consistent with the Settlement Class; (h) confirming privacy policies of Defendants as well as applicable law. Except as specifically provided in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agree. 3. Apple will provide to this Agreement, the Settlement Administrator (but shall not to disclose or disseminate any information that it receives from Defendants and Class Counsel) Members without the names, last known mailing addresses, and email addresses for prior written consent of all members of the Settlement Class for whom it has records as soon as practicable but starting no Parties. 3.2 Not later than thirty fourteen (3014) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement. 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send establish a website labeled as xxx.XxxxxXxxxxxxxXxxxxXxxxxx.Xxxx (or something substantially similar) which will contain, among other things, the email notice Notice in the form attached hereto as Exhibit A; the Amended Complaint in this case; the Defendants’ Answers to all the Complaint; the Settlement Agreement; the Motion for Preliminary Approval of the Settlement; and, the Preliminary Approval Order. 3.3 The Notice to the Class Members for whom Apple has provided shall state that the payment to them is a result of the settlement of the Form Claim, that Defendants retain their rights against a third-party vendor, and that Defendants admit no liability. 3.4 Within thirty (30) days after the Court enters the Preliminary Approval Order, the Settlement Administrator will mail the Class Notice, in the form attached as Exhibit A, subject to any changes made by the Court, to each Class Member at their last known address, as updated by the Settlement Administrator with an email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides one round of skip-tracing. 3.5 With respect to those persons whose Notice by regular mail is returned to the Settlement Administrator the Settlement Class list in an electronic formatas undeliverable, the Settlement Administrator shall send promptly attempt to obtain an updated address for each such person from the postcard notice by mail United States Post Office, and if such an address is obtained, shall resend the Notice to all Settlement that updated address. 3.6 The Parties agree that the Class Notice fairly informs the Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the general nature of the Lawsuit, the financial and other terms of the Agreement particularly significant for the Class Members, the general procedures for and consequences of opting out of the Class or objecting to the Settlement ClassAgreement, and the date of the Final Approval Hearing. 3.7 Compliance with the procedures described herein shall constitute due and sufficient notice to Class Members of this proposed settlement for the Final Approval Hearing, and shall satisfy the requirement of due process. Nothing else shall be required of, or done by, the Parties, Class Counsel, Defense Counsel, or the Settlement Administrator will to provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back proposed settlement and for whom a physical address can be located. Any such supplemental notice shall be completed no the Final Approval Hearing as described herein. 3.8 No later than thirty fifteen (3015) days prior to the Objection Final Approval Hearing, the Settlement Administrator shall serve on the Parties’ counsel a list of all persons who have timely opted-out of the Class and Exclusion Deadlinewho have timely objected to the settlement by submitting such opt-out requests and such objections postmarked no later than 70 days after the date of mailing the Notice, as compiled by the Settlement Administrator. The Settlement Administrator shall also at that time supply its determinations as to whether any request to opt out of the Class was not submitted timely, and provide written notification to any Class Member whose request to opt out of the Class was not submitted on a timely basis. 53.9 If more than two hundred (200) Class Members request exclusion from the Class within the permissible time period as described in the preceding section, Defendants shall have the option to terminate this Agreement. The Parties agree upon If Defendants terminate this Agreement, this Agreement shall be null and will seek Court approval void and this settlement of the following forms no force and methods effect. Defendants shall give notice of notice such termination in writing to members of Class Counsel and the Settlement Class:Administrator no later than ten (10) days after the day it receives the list of Class Members who have requested exclusion from the Class as described in Section 3.7, above.

NOTICE AND SETTLEMENT ADMINISTRATION. 14.1. Notice and Settlement administration will be performed by XxxxxxxSubject to Court approval, subject to approval by the Court. The Settlement Administrator will be paid from the Settlement Fund. 2. The Settlement Administrator shall perform the dutiesParties have agreed that providing Long Form Notice, tasksEmail Notice, and responsibilities associated with providing notice and administering the Settlement, including the following: (a) preparing and disseminating notice to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Website; (C) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission of the postcard notice, Full Class Postcard Notice, and email notice, returned mail, Publication Notice to the Class Members in the manner described herein is the best and other communications most fair and attempted written reasonable notice practicable under the circumstances. Class Counsel will not of their own initiative advocate for content or electronic communications with methods of Class Notice beyond that to which the Settlement Class; (h) confirming Parties have agreed in writing its completion this Section 7 of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agreeAgreement. 34.2. Apple will provide The Parties agree to the following procedures for giving notice of this Settlement Administrator (but not to the Class Counsel) the names, last known mailing addresses, and email addresses for all members of the Settlement Class for whom it has records as soon as practicable but starting no later than thirty (30) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement.Members: 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than A. Within thirty (30) calendar days after Apple provides of entry of the Settlement Preliminary Approval Order or on such date otherwise ordered by the Court, the Parties shall provide the Claim Administrator the Settlement Class list in with an electronic formatlist that includes the following information with respect to each Class Member for which the Parties have information: (i) first and last name; (ii) email address; (iii) last known mailing address (if available); (iv) phone number (if available); (v) the number of Air Purifiers purchased by the Class Member (if available); (vi) the model of Air Purifiers purchased by the Class Member (if available); and (viii) the third-party seller from whom the Class Member purchased each Air Purifier (if available). The Parties will endeavor to conduct a probing but reasonable search of their records for this information and agree to make best efforts to work cooperatively to obtain this information from third-party sellers, either informally or by subpoena. B. No later than the Notice Date, the Settlement Claim Administrator shall send the email notice Direct Notice to all Class Members as follows. For Settlement Class Members for whom Apple the Claim Administrator has provided email addresses, the Settlement Claim Administrator with shall send: (i) a copy of the Email Notice in the form approved by the Court to those Class Members for whom an email addressaddress is available, and (ii) a copy of the Postcard Notice in the form approved by the Court to those Class Members for whom a physical mailing address is available. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the postcard notice by mail to all For Settlement Class Members for whom Apple has the Claim Administrator does not provided an have email address. In the event that this notice reaches less than 90% of members of the Settlement Class, the Settlement Administrator will provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back and addresses but for whom a physical mailing address can is available, the Claim Administrator shall send (i) a copy of the Long Form Notice in the form approved by the Court; (ii) a copy of the Claim Form in the form approved by the Court; and (iii) a return envelope with the address of the Claim Administrator. C. The Claim Administrator shall utilize the national change of address database to update the mailing list of the Class Members for whom a mailing address is available prior to sending the Postcard Notice or Long Form Notice via First Class U.S. Mail. D. If no physical address is available in the list provided to the Claim Administrator, the Claim Administrator shall perform a single skip trace using information identifying the Class Member, as necessary, to identify the Class Member’s mailing address to allow Postcard Notice and/or the Long Form Notice to be located. sent using an industry-accepted source such as Accurint, and shall send the Postcard Notices and/or Long Form Notices to the mailing address identified by the skip tracing. E. Any such supplemental notice mailed Postcard Notices and/or Long Form Notices returned to the Claim Administrator as undelivered and bearing a forwarding address shall be completed re-mailed by the Claim Administrator within seven (7) calendar days following receipt of the returned mail. Further, if no forwarding address is available, the Claim Administrator shall perform a single skip trace using an industry-accepted source such as Accurint, to conduct an address update and send the Postcard Notices and/or Long Form Notices to the mailing addresses identified by the skip-tracing. F. On or at a reasonable amount of time after the Notice Date, third- party sellers that have been subpoenaed by Plaintiffs, but who have not agreed to provide contact information of purchasers of Air Purifiers known to the third-party seller to Plaintiffs or the Claim Administrator, are authorized to send notice directly to such individuals, informing them of the settlement. G. No later than thirty the Notice Date, the Claim Administrator also shall launch the Settlement Website, which shall contain the Long Form Notice in both downloadable PDF format and HTML format with a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Plaintiffs’ Counsel; the Agreement; the signed Preliminary Approval Order and the publicly filed motion papers and declarations in support thereof; a downloadable and online version of the Claim Form; a downloadable and online version of the form by which Class Members may exclude themselves from the Settlement Class; and (30when they become available) the publicly filed motion for Final Approval of the Settlement, Plaintiffs’ request for Attorneys’ Fees and Expenses and Service Award, and supporting declarations. The Claim Administrator shall provide Plaintiffs’ Counsel and Defendant’s Counsel with the opportunity to review the Settlement Website at least ten (10) calendar days prior to the Objection scheduled launch date and Exclusion Deadlinethe Claim Administrator will make any revisions requested by counsel. The Settlement Website shall remain accessible until one-hundred eighty (180) calendar days after all Settlement Benefits are distributed. 5. The Parties agree upon and will seek Court approval of H. On the following forms and methods of notice Notice Date, the Claim Administrator shall cause the Publication Notice to members of be published in the Settlement Class:manner ordered by the Court.

NOTICE AND SETTLEMENT ADMINISTRATION. 18.1. In fulfilling its responsibilities in providing notice to the Settlement Class Members, the Settlement Administrator shall be responsible for, without limitation, consulting on and designing the notice to the Settlement Class, including implementing the notice program set forth in the Notice and Plan. In no event shall the Settlement administration Administrator disseminate notice in any manner materially different from that set forth in the Notice Plan, unless the Parties jointly agree in writing to authorize such forms of notice. 8.2. An ADA compliant internet website will be performed by Xxxxxxx, subject to approval maintained by the Court. The Settlement Administrator that will be paid provide Settlement Class Members with: (1) this Settlement, generalized information about the Settlement, its scope, its remedies with a clickable table of contents; answers to frequently asked questions; a contact information page that includes the address for the Claim Administrator and addresses and telephone numbers for Class Counsel; (2) deadlines for opting out of or objecting to the Settlement, and the dates of relevant Court proceedings, including the Final Approval Hearing; (3) a downloadable and online version of the form by which Settlement Class Members may exclude themselves from the Settlement FundClass; (4) information on making a claim and a downloadable and online version of the Claim Form; and (5) relevant legal documents like this Settlement, the Amended Complaint, the signed order of Preliminary Approval, notices, and (when it becomes available) Plaintiffs’ application for Attorneys’ Fees and Expenses and/or an application for Service Awards. The website is to remain active until after the Effective Date and distribution of all settlement benefits. The URL of the Settlement Website shall be provided in the Notice Plan. 28.3. To facilitate the distribution of notice, within fourteen (14) days of the Court’s entry of the Preliminary Approval Order, Defendants shall provide the Settlement Administrator with the e-mail addresses of those Family Dollar customers for whom Defendants have email addresses and some objective indication that the customer lives in a trade area serviced by an Affected Family Dollar Store. The Settlement Administrator shall perform keep these e-mail addresses confidential. 8.4. Settlement Class Members who wish to receive a Family Dollar Gift Card will be required to submit a Claim Form. The Claim Form shall, among other things, require the dutiesSettlement Class Member to (a) certify, tasksunder penalty of perjury, that from January 1, 2020, through February 18, 2022, inclusive, they personally purchased a product from an Affected Family Dollar Store; (b) provide some confirmation that the Settlement Class Member shopped at one of the Affected Family Dollar Stores; and responsibilities associated with providing notice (c) provide an objective indication that the Settlement Class Member lives in a trade area serviced by an Affected Family Dollar Store. The Claim Forms shall be submitted to the Settlement Administrator via U.S. mail or electronically through the Settlement Website. All Claim Forms must be postmarked or electronically submitted by the Claims Submission Deadline; Claim Forms that do not meet the Claims Submission Deadline will not be Approved Claims. 8.5. The Settlement Administrator shall determine whether a submitted Claim Form meets the requirements set forth in this Settlement Agreement, pursuant to the Settlement Administration Protocol in Exhibit B. Each Claim Form shall be submitted to and administering reviewed by the SettlementSettlement Administrator, including who shall determine whether each Claim Form shall be deemed an Approved Claim. The Settlement Administrator shall use best practices and all reasonable efforts and means to identify and reject duplicate and/or fraudulent claims, including, without limitation, indexing all Family Dollar Gift Cards provided to the Settlement Class Members. 8.6. Claim Forms that do not meet the requirements set forth in this Settlement and/or in the Claim Form instructions shall be rejected. Where a good faith basis exists, the Settlement Administrator may reject a Claim Form for, among other reasons, the following: (a) preparing and disseminating notice the Claim Form fails to provide sufficient confirmation that from January 1, 2020, through February 18, 2022, inclusive, the Settlement Class substantially in Person submitting the forms attached hereto as Exhibits A-CClaim Form personally purchased a product from an Affected Family Dollar Store; (b) maintaining the Settlement WebsiteClaim Form is not fully complete and/or signed; (Cc) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof)Claim Form is illegible; (d) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement ClassClaim Form is fraudulent; (e) making distributions to Settlement Class Membersthe Claim Form is duplicative of another Claim Form; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission of Person submitting the postcard notice, Full Class Notice, and email notice, returned mail, and other communications and attempted written or electronic communications with the Settlement Class; (h) confirming in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agree. 3. Apple will provide to the Settlement Administrator (but Claim Form is not to Class Counsel) the names, last known mailing addresses, and email addresses for all members of the a Settlement Class for whom it has records as soon as practicable but starting no later than thirty (30) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement. 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the email notice to all Settlement Class Members for whom Apple has provided the Settlement Administrator with an email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the postcard notice by mail to all Settlement Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the Settlement Class, the Settlement Administrator will provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back and for whom a physical address can be located. Any such supplemental notice shall be completed no later than thirty (30) days prior to the Objection and Exclusion Deadline. 5. The Parties agree upon and will seek Court approval of the following forms and methods of notice to members of the Settlement Class:Member;

NOTICE AND SETTLEMENT ADMINISTRATION. 1. Notice 10 The Parties agree to, and Settlement administration will be performed by Xxxxxxx, subject to request approval by the Court. The Settlement Administrator will be paid from Court of, the Settlement Fund. 2. The Settlement Administrator shall perform the duties, tasks, following forms and responsibilities associated with providing notice and administering the Settlement, including the following: (a) preparing and disseminating 11 methods of notice to the Settlement Sub-Classes: 12 A. A copy of the Notice of Pendency and Proposed Settlement of Class Action 13 substantially in the forms form attached hereto as Exhibits AExhibit A (the “Class Notice”), together with the 14 Claim Form (including the Instructions, Claim Form and Release) substantially in the form 15 attached hereto as Exhibit C, shall be posted and available for download on a settlement website 16 to be created by the Class Administrator and approved by the Parties (the “Settlement Website”), 17 and shall be mailed at no charge to Class Members who call a toll-C; free number to be established 18 at Fitbit’s expense (b“Toll-Free Number”). This information shall remain available on the Internet 19 until the last day of the Claims Period. All costs and expenses associated with complying with 20 this provision shall be borne exclusively by Fitbit. 21 B. Fitbit shall also e-mail (and also send by First Class U.S. Mail to all persons for 22 whom Fitbit has a physical mailing address), a copy of the Class Notice substantially in the form 23 attached hereto as Exhibit A along with the Claim Form (including the Instructions, Claim Form 24 and Release) maintaining to each potential Class Member. This provision is intended to require notice to: i) 25 all persons identified by the Settlement WebsiteAdministrator as potential Class Members; (Cii) keeping track all persons 26 for whom Fitbit has a physical mailing address of requests for exclusion and objections a Class Member. 27 C. The Class Notice shall contain an Issue Date, being the date the Class Notice is 28 sent to the Settlementclass. All costs and expenses associated with complying with this provision shall be 1 borne exclusively by Fitbit. Any Class Notice sent by U.S. mail and returned as undeliverable or 2 otherwise returned shall be promptly reissued by the Settlement Administrator if given a better or 3 forwarding address by the U.S. Postal Service. 4 D. Fitbit shall also arrange for a Summary Notice substantially in the form attached 5 hereto as Exhibit B (the “Summary Notice”), including maintaining to be published in a manner directed by the original envelope 6 Settlement Administrator, with all costs and expenses associated with complying with this 7 provision to be paid exclusively by Fitbit. The Summary Notice shall inform members of the 8 Settlement Sub-Classes of the fact of the settlement and that the Class Notice and Claim Form are 9 available on the Settlement Website or by calling the Toll-Free Number. 10 E. Fitbit shall be solely responsible for making all arrangements necessary to 11 effectuate the notice set forth above, in compliance with the administrator’s recommendations, 12 and for payment of all costs and expenses of such notice. 13 F. The Class Notice shall provide a procedure whereby Class Members may object to 14 the settlement or exclude themselves. 15 1. Any Class Member who wishes to object to the settlement must notify the 16 Court and the Parties in writing of their objection. To be considered valid, an objection must be 17 in writing, must include the objector’s name and address, and must include: i) all alleged 18 grounds, facts, and law on which they were mailed (or an electronic copy thereof)the objection is based; (dii) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request and all documents or 19 other materials allegedly supporting the objection; iii) the names and addresses of Apple Counsel or Class Counsel, other written or electronic communications from all persons 20 intended as witnesses in support of the Settlement Classobjection with a full summary of their expected testimony; (e21 and iv) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement the name and federal, stateaddress of all persons working in conjunction with the objector in bringing 22 the objection, or local lawin representing or advising the objector or their counsel regarding the objection. 23 If a Class Member, their counsel, or any person with whom they are working in bringing the 24 objection has objected to a class action settlement on more than 3 occasions, the Class Member 25 shall, i) list all cases in which such objections were filed, and by whom; (gii) maintaining adequate records state the outcome of all its activities26 the objection; iii) state the amount of money, if any, paid in connection with the objection to 27 objector, to their counsel, or to anyone else, including by whom such payment was made and 28 whether it was disclosed to the dates of transmission court overseeing the proposed settlement. 1 2. The objection must also indicate whether the objector intends to appear at 2 the hearing on the motion for final approval of the postcard notice, Full settlement. Objections shall be filed with the 3 Court and served on counsel for the Parties (as identified in the Class Notice, and email notice, returned mail, and other communications and attempted written or electronic communications with the Settlement Class; (h) confirming in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agree. 3. Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, last known mailing addresses, and email addresses for all members of the Settlement Class for whom it has records as soon as practicable but starting no later than thirty 4 twenty-five (30) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement. 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the email notice to all Settlement Class Members for whom Apple has provided the Settlement Administrator with an email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the postcard notice by mail to all Settlement Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the Settlement Class, the Settlement Administrator will provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back and for whom a physical address can be located. Any such supplemental notice shall be completed no later than thirty (3025) days prior to the Objection Final Hearing. Additional instructions regarding the 5 requirements for any objection to the settlement are contained in the Class Notice and Exclusion Deadline. 5. The Parties agree upon and will seek Court approval of the following forms and methods of notice to members of the Settlement Class:Summary

NOTICE AND SETTLEMENT ADMINISTRATION. 1. Notice and Settlement administration will be performed by Xxxxxxx, subject to approval by the Court. 3.1 The Settlement Administrator will be paid from certify the number and identity of the Class Members under the Class definition, and compile a final Class Member list. To assist in this process, Defendants shall provide, within five (5) business days after entry of the Preliminary Approval Order, a Class Member list in readable and searchable electronic form to the Settlement Fund. 2Administrator. The Settlement Administrator shall perform ensure that the duties, tasks, information that it receives from Defendants is secured and responsibilities associated with providing notice managed in such a way as to protect the security and administering the Settlement, including the following: (a) preparing and disseminating notice to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Website; (C) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission confidentiality of the postcard noticeinformation. Except as specifically provided in this Agreement, Full Class Notice, and email notice, returned mail, and other communications and attempted written or electronic communications with the Settlement Class; (h) confirming in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agree. 3. Apple will provide to the Settlement Administrator (but shall not to disclose or disseminate any information that it receives from Defendants and Class Counsel) Members without the names, last known mailing addresses, and email addresses for prior written consent of all members of the Settlement Class for whom it has records as soon as practicable but starting no Parties. 3.2 Not later than thirty fourteen (3014) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement. 4. Notice will be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send establish a website labeled as xxx.XxxxxxXxxxxXxxxxx.Xxxx (or something substantially similar) which will contain, among other things, the email notice Notice in the form attached hereto as Exhibit A; the Second Amended Complaint in this case; the Settlement Agreement; the Motion for Preliminary Approval of the Settlement; and, the Preliminary Approval Order. 3.3 The Notice to all Settlement the Class Members for whom Apple has provided shall state that the payment to them is a result of the settlement of the section 1681b(b)(2) claim, and that Defendants admit no liability. 3.4 Within thirty (30) days after the Court enters the Preliminary Approval Order, the Settlement Administrator will mail the Class Notice, in the form attached as Exhibit A, subject to any changes made by the Court, to each Class Member at their last known address, as updated by the Settlement Administrator with an email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides one round of skip-tracing. 3.5 With respect to those persons whose Notice by regular mail is returned to the Settlement Administrator the Settlement Class list in an electronic formatas undeliverable, the Settlement Administrator shall send promptly attempt to obtain an updated address for each such person from the postcard notice by mail United States Post Office, and if such an address is obtained, shall resend the Notice to all Settlement that updated address. 3.6 The Parties agree that the Class Notice fairly informs the Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the general nature of the Lawsuit, the financial and other terms of the Agreement particularly significant for the Class Members, the general procedures for and consequences of opting out of the Class or objecting to the Settlement ClassAgreement, and the date of the Final Approval Hearing. 3.7 Compliance with the procedures described herein shall constitute due and sufficient notice to Class Members of this proposed settlement for the Final Approval Hearing, and shall satisfy the requirement of due process. Nothing else shall be required of, or done by, the Parties, Class Counsel, Defense Counsel, or the Settlement Administrator will to provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back proposed settlement and for whom a physical address can be located. Any such supplemental notice shall be completed no the Final Approval Hearing as described herein. 3.8 No later than thirty fifteen (3015) days prior to the Objection Final Approval Hearing, the Settlement Administrator shall serve on the Parties’ counsel a list of all persons who have timely opted-out of the Class by submitting such opt-out requests postmarked no later than 60 days after the date of mailing the Notice, as compiled by the Settlement Administrator. The Settlement Administrator shall also at that time supply its determinations as to whether any request to opt out of the Class was not submitted timely, and Exclusion Deadlineprovide written notification to any Class Member whose request to opt out of the Class was not submitted on a timely basis. 5. The Parties agree upon and will seek Court approval 3.9 If more than ten percent (10%) of the following forms Class request exclusion from the Class within the permissible time period as described in the preceding section, Defendants shall have the option to terminate this Agreement. If Defendants terminate this Agreement, this Agreement shall be null and methods void and this settlement of no force and effect, as if this settlement never occurred. Defendant shall give notice of such termination in writing to members of Class Counsel and the Settlement Class:Administrator no later than ten (10) days after the day it receives the list of Class Members who have requested exclusion from the Class as described in Section 3.8, above.

NOTICE AND SETTLEMENT ADMINISTRATION. 17 18. Notice and Settlement administration will be performed by XxxxxxxAs part of the Preliminary Approval Order, subject to approval by the CourtLead Plaintiff shall seek appointment of 8 a Claims Administrator. The Settlement Administrator will be paid from the Settlement Fund. 2. The Settlement Claims Administrator shall perform the duties, tasks, and responsibilities associated with providing notice and administering administer the Settlement, including the following: (a) preparing and disseminating notice but 9 not limited to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Website; (C) keeping track process of requests for exclusion receiving, reviewing and objections approving or denying Claims, under Lead 10 Counsel’s supervision and subject to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission jurisdiction of the postcard noticeCourt. Other than Adamas or its 11 successor entity’s obligation to provide its securities holders records as provided in ¶ 19 below, Full Class Notice12 neither Defendant, and email noticenor any other Defendant’s Releasee, returned mailshall have any involvement in or any 13 responsibility, and other communications and attempted written authority or electronic communications with liability whatsoever for the Settlement Class; (h) confirming in writing its completion selection of the Claims Administrator, the 14 Plan of Allocation, the administration of the Settlement; , the Claims process, or disbursement of the 15 Net Settlement Fund, and (i) such shall have no liability whatsoever to any person or entity, including, but 16 not limited to, Lead Plaintiff, any other tasks as Apple Settlement Class Members or Lead Counsel and Class in connection 17 with the foregoing. Defendant’s Counsel mutually agreeshall cooperate in the administration of the Settlement to 18 the extent reasonably necessary to effectuate its terms. 319 19. Apple will provide In accordance with the terms of the Preliminary Approval Order to be entered by the Settlement 20 Court, Lead Counsel shall cause the Claims Administrator (but not to Class Counsel) mail the names, last known mailing addresses, and email addresses for all Postcard Notice to those 21 members of the Settlement Class for whom it has records as soon as practicable but starting no later than thirty may be identified through reasonable effort. Lead Counsel shall 22 also cause the Claims Administrator to: (30a) post downloadable copies of the Notice and Claim Form 23 online at xxx.XxxxxxXxxxxxxxxxXxxxxxxxxx.xxx; and (b) have the Summary Notice published in 24 accordance with the terms of the Preliminary Approval Order to be entered by the Court. For the 25 purposes of identifying and providing notice to the Settlement Class, within five (5) business days after 26 of the date of entry of the Preliminary Approval Order. The Settlement Administrator , Adamas, or its successor entity, will administer conduct 27 a reasonable search for Xxxxxx’ securities lists (consisting of names and last known addresses) of 28 the notice described herein and in accordance with purchasers of the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of Adamas common stock during the Settlement Class strictly confidentialPeriod. If, using them only for purposes of administrating this Settlement. 4. Notice after a 1 reasonable search, such information can be obtained, Adamas, or its successor entity, will provide 2 or cause to be provided via email to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Claims Administrator the Settlement Class list in an electronic format, format such as Excel (at no cost 3 to the Settlement Administrator shall send the email notice to all Settlement Class Members for whom Apple has provided the Settlement Administrator with an email address. As soon as practicableFund, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic formatLead Plaintiff, the Settlement Administrator shall send the postcard notice by mail to all Settlement Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the Settlement Class, Lead Plaintiff’s Counsel, or the claims 4 administrator), its securities lists (consisting of names and last known addresses) of the purchasers 5 of the Adamas common stock during the Settlement Class Period. 6 20. The Claims Administrator will provide supplemental notice shall receive Claims and determine first, whether the 7 Claim is a valid Claim, in whole or part, and second, each Authorized Xxxxxxxx’s pro rata share of 8 the Net Settlement Fund based upon each Authorized Xxxxxxxx’s Recognized Claim compared to 9 the total Recognized Claims of all Authorized Claimants (as set forth in the form Plan of direct mail postcard notice Allocation set 10 forth in the Notice attached hereto as Exhibit 1 to those members Exhibit A, or in such other plan of allocation as 11 the Court approves). 12 21. The Plan of Allocation proposed in the Notice is not a necessary term of the 13 Settlement or of this Stipulation and it is not a condition of the Settlement Class whose emails returned a hard bounce back or of this Stipulation that 14 any particular plan of allocation be approved by the Court. Lead Plaintiff and for whom a physical address can be located. Any such supplemental notice shall be completed no later than thirty Lead Counsel may 15 not cancel or terminate the Settlement (30or this Stipulation) days prior based on this Court’s or any appellate 16 court’s ruling with respect to the Objection and Exclusion DeadlinePlan of Allocation or any other plan of allocation in this Action. 5. The Parties agree upon and will seek Court approval of the following forms and methods of notice to members of the Settlement Class:

NOTICE AND SETTLEMENT ADMINISTRATION. 1. Notice and Settlement administration will be performed by Xxxxxxx, subject to approval by the Court. The Settlement Administrator will be paid from the Settlement Fund. 2. The Settlement Administrator shall perform the duties, tasks, and responsibilities associated with providing notice and administering the Settlement, including the following: (a) preparing and disseminating notice to the Settlement Class substantially in the forms attached hereto as Exhibits A-C; (b) maintaining the Settlement Websitewebsite; (C) keeping track of requests for exclusion and objections to the Settlement, including maintaining the original envelope in which they were mailed (or an electronic copy thereof); (d) deliver delivering to Apple Counsel and Class Counsel copies of any requests for exclusion, objections, or, upon request of Apple Counsel or Class Counsel, other written or electronic communications from the Settlement Class; (e) making distributions to Settlement Class Members; (f) performing any tax reporting duties required by this Agreement and federal, state, or local law; (g) maintaining adequate records of all its activities, including the dates of transmission of the postcard notice, Full Class Notice, and email notice, returned mail, and other communications and attempted written or electronic communications with the Settlement Class; (h) confirming in writing its completion of the administration of the Settlement; and (i) such other tasks as Apple Counsel and Class Counsel mutually agree. 3. Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, last known mailing addresses, and email addresses for all members of the Settlement Class for whom it has records as soon as practicable but starting no later than thirty (30) days after entry of the Preliminary Approval Order. The Settlement Administrator will administer the notice described herein and in accordance with the Preliminary Approval Order. The Settlement Administrator will keep identities and contact information of members of the Settlement Class strictly confidential, using them only for purposes of administrating this Settlement. 4. Notice will be provided via email only to members of the Settlement Class for whom Apple has an email address, and via direct mail postcard notice for members of the Settlement Class for whom Apple has a physical address, but not an email address, on record. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the email notice to all Settlement Class Members for whom Apple has provided the Settlement Administrator with an email address. As soon as practicable, but starting no later than thirty (30) calendar days after Apple provides the Settlement Administrator the Settlement Class list in an electronic format, the Settlement Administrator shall send the postcard notice by mail to all Settlement Class Members for whom Apple has not provided an email address. In the event that this notice reaches less than 90% of members of the Settlement Class, the Settlement Administrator will provide supplemental notice in the form of direct mail postcard notice to those members of the Settlement Class whose emails returned a hard bounce back and for whom a physical address can be located. Any such supplemental notice shall be completed no later than thirty (30) days prior to the Objection and Exclusion Deadline. 5. The Parties agree upon and will seek Court approval of the following forms and methods of notice to members of the Settlement Class: