Common use of NOTICE OF THE SETTLEMENT Clause in Contracts

NOTICE OF THE SETTLEMENT. Notice of the Settlement shall be provided through a Court-approved Notice Plan, which shall include the mailing of the Mailed Notice to the respective members of the Class under this Settlement by the Notice Deadline and by postings on the Settlement Website, as set forth in this Section. Within twenty (20) days following entry of the Preliminary Approval Order, the Settlement Administrator shall mail to the members of the Class a Court-approved Notice substantially in the form attached as Exhibit A. The Mailed Notice shall be sent by first-class mail to the class member’s Last Known Mailing Address reflected on the final Class Member List. If there is more than one borrower on a subject loan and the co-borrowers have the same Last Known Mailing Address, the Mailed Notice will be mailed to the co-borrowers’ shared Last known Mailing Address. If there is more than one borrower on a subject loan and the co-borrowers have different Last Known Mailing Addresses, separate Mailed Notices will be mailed to each co-borrower’s Last Known Mailing Address. For any Mailed Notice which is returned as undeliverable, the Settlement Administrator shall undertake an updated address verification for the borrowers whose Mailed Notices are returned as undeliverable and if a new address is found, the Settlement Administrator shall send a new Mailed Notice to that updated address. If no new address is found through the updated address verification process, and if the original Mailed Notice was sent to a mailing address other than the address of the property which secured the mortgage loan which qualified the Class member for inclusion in the Class, the new Mailed Notice shall be sent to the address of the property which secured the mortgage. Mailing of Notice as provided for in this Agreement shall be deemed conclusive and unrebuttable proof that a Class member received Notice, regardless of whether Notice was actually received or whether it is returned as undeliverable. The Settlement Administrator shall also establish and maintain a website relating to the Settlement (the “Settlement Website”) on which it will post copies of the Mailed Notice, the operative version of the Complaint in the Litigation, and, following their issuance, the Preliminary Approval Order, Final Approval Order, and Final Judgment Order pertaining to this Settlement, as well as contact information for the Settlement Administrator and its call center. The Settlement Website shall be established not later than twenty (20) days after the issuance of the Preliminary Approval Order and will remain active for ninety (90) days after the Settlement reaches Finality, unless this Agreement is terminated earlier. All costs associated with the Notice provided under this Section shall be paid from the Common Fund.

NOTICE OF THE SETTLEMENT. Notice of the 6.1 A Settlement shall be provided through a Court-approved Notice Plan, which shall include the mailing of the Mailed Notice to the respective members of the Class under this Settlement by the Notice Deadline and by postings on the Settlement Website, as set forth in this Section. Within twenty (20) days following entry of the Preliminary Approval Order, the Settlement Administrator shall mail to the members of the Class a Court-approved Notice substantially in the form attached as Exhibit A. The Mailed Notice 1 hereto, and subject to Court approval, shall be sent by first-the Claims Administrator in due course to all Settlement Class Members identified in Exhibit 3 to this Agreement by first class mail mail. The Settlement Notice shall: 6.1.1. Describe the process for distributing the Settlement Amount; 6.1.2. Advise Settlement Class Members of their right to object to the class member’s Last Known Mailing Address reflected on Rule 23 Settlement, the final Class Member List. If there is more than one borrower on a subject loan process by which such objections must be made, and the co-borrowers have date set by the same Last Known Mailing AddressCourt for a hearing on final approval of the Settlement; and 6.1.3. Advise Settlement Class Members of their right to opt out of the Rule 23 Settlement, and the process by which such opt out must be made. 6.2 Prior to mailing the Settlement Notice, the Mailed Notice will be mailed Claims Administrator shall process and cross- reference the Settlement Class List against and to the co-borrowers’ shared Last known Mailing AddressNational Change of Address Database maintained by the United States Postal Service (“USPS”). If there is more than one borrower on a subject loan and It shall be conclusively presumed that if the co-borrowers have different Last Known Mailing Addresses, separate Mailed Notices will be mailed to each co-borrower’s Last Known Mailing Address. For any Mailed Settlement Notice which is documents are not returned as undeliverable, the Settlement Administrator shall undertake an updated address verification for Class Member received the borrowers whose Mailed Settlement Notice documents. With respect to the Settlement Notices that are returned as undeliverable and undeliverable, if a new forwarding addresses are provided by the USPS, the Claims Administrator shall re-mail the Settlement Notice immediately. If no forwarding address is foundprovided, the Claims Administrator shall promptly attempt to determine the correct address using a skip-trace, and shall then perform a single re-mailing. 6.3 The Claims Administrator shall set up and maintain a toll-free number to respond to inquiries from Settlement Class Members. This toll-free number will not be staffed by live operators. The toll-free number will provide a voicemail box where messages can be left. Calls shall be returned by the Claims Administrator within two (2) business days. 6.4 The Claims Administrator shall send a new Mailed Notice to that updated addresseach appropriate State and Federal official the materials specified in 28 U.S.C. § 1715 and otherwise comply with its terms. If no new address is found through The identities of such officials and the updated address verification process, and if the original Mailed Notice was sent to a mailing address other than the address content of the property which secured the mortgage loan which qualified the Class member for inclusion in the Class, the new Mailed Notice materials shall be sent mutually agreeable to the address Parties. The Claims Administrator shall provide Class Counsel and Defendants’ counsel with proof of compliance with this provision no later than thirty (30) days before the hearing on final approval of the property which secured the mortgage. Mailing of Notice as provided for in this Agreement shall be deemed conclusive and unrebuttable proof that a Class member received Notice, regardless of whether Notice was actually received or whether it is returned as undeliverable. Settlement. 6.5 The Settlement Claims Administrator shall also establish and maintain a website relating mail the Settlement Notice to the Settlement (the “Settlement Website”) on which it will post copies of the Mailed Notice, the operative version of the Complaint in the Litigation, and, following their issuance, the Preliminary Approval Order, Final Approval Order, and Final Judgment Order pertaining to this Settlement, as well as contact information for the Settlement Administrator and its call center. The Settlement Website shall be established not later than twenty (20) Class Members within 10 days after the issuance Court grants preliminary approval of the Preliminary Approval Order Settlement and will remain active for ninety (90) days after this Agreement. 6.6 The Claims Administrator shall provide a signed declaration to the Settlement reaches Finality, unless this Agreement is terminated earlier. All costs associated with Parties following the Notice provided under this end of the objection and opt-out periods referenced in Section shall be paid from the Common Fund7 below.

NOTICE OF THE SETTLEMENT. Notice 4.1 Concurrently with the filing of the Preliminary Approval motion referred to in Section 2.1, the Parties shall also submit for the Court’s approval forms of notice of the certification of the Settlement Class, proposed Settlement Agreement, and Final Approval Hearing, substantially in the form of Exhibit C (the “Class Notice” or “Notice”) and a Notice Plan and, within 45 days thereafter, upon order of the Court, the Settlement Administrator shall disseminate the Notice to the Class in the manner so ordered. 4.2 The Notice Plan will direct to Class Members the best notice that is practicable under the circumstances, satisfying the requirements of the Federal Rules of Civil Procedure and any other applicable statute, law, or rule, including but not limited to, the Due Process Clause of the United States Constitution, and Fed. R. Civ. P. 23(c)(2)(B). The Notice Plan shall consist of the following: (i) a press release shall be provided through a Court-approved published pursuant to the Notice Plan, which shall include (ii) the mailing of the Mailed Notice to the respective members Long Form version of the Class under this Notice shall be distributed to those Settlement Class Members by the Notice Deadline (a) making it available in English and by postings Spanish for Class Members who request it and (b) posting it online on the Settlement Website, (iii) the Class Notice shall be emailed to the last known valid email address of Class Members that can reasonably be identified by Sharp and a direct mail postcard shall be mailed to all Class Members for whom Sharp no longer has valid e-mail addresses but for whom it has direct mail addresses and (iv) print and Internet ads. 4.3 Following the Court’s preliminary approval of this Settlement Agreement and the Court’s appointment of the proposed Settlement Administrator, the Settlement Administrator shall disseminate the Class Notice as set forth provided for herein and in the Declaration of the Settlement Administrator, attached hereto as Exhibit D, as specified in the Preliminary Approval Order and in this Section. Within twenty (20) days following Settlement Agreement, and in order to comply with all applicable laws, including, but not limited to, the Due Process Clause of the United States Constitution. 4.4 Immediately upon entry of the Preliminary Approval Order, Sharp shall provide to the Settlement Administrator shall mail reasonably available mailing addresses and email addresses, along with model and serial number information, contained in Sharp’s warranty and service databases in computer readable format and will cooperate with the Settlement Administrator in transmitting this information in the manner that is most efficient for the Settlement Administrator. Sharp will cooperate in making its warranty registration and service data and other relevant information from its databases available to the members Settlement Administrator to facilitate identification of potential Settlement Class Members. 4.5 The Settlement Administrator shall send or cause to be sent, by first class or priority United States Mail, the Class a Court-approved Notice substantially in the postcard form attached as Exhibit A. The Mailed Notice shall be sent by first-class mail to the class member’s Last Known Mailing Address reflected on the final every Settlement Class Member Listwhose name and address can reasonably be identified in Sharp’s records or databases and for whom Sharp does not have a valid email address. If there is more than one borrower on The Settlement Administrator will obtain mailing address updates utilizing the National Change of Address database. The Settlement Administrator will use any updated addresses obtained. The Settlement Administrator will forward any Class Notices that are returned by the United States Postal Service with a subject loan and the co-borrowers have the same Last Known Mailing Address, the Mailed Notice will be mailed to the co-borrowers’ shared Last known Mailing Addressforwarding address. If there is more than one borrower on a subject loan and the co-borrowers have different Last Known Mailing Addresses, separate Mailed Notices will be mailed to each co-borrower’s Last Known Mailing Address. For any Mailed Notice which is The Settlement Administrator shall perform reasonable address traces for all postcards that are returned as undeliverable. By way of example, a “reasonable” tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis or similar database that can be utilized for such purpose. No later than 60 days before the Final Approval Hearing, the Settlement Administrator shall undertake complete the re-mailing of postcard notice to those Settlement Class members whose new addresses were identified as of that time through address traces. 4.6 The Settlement Administrator will send an updated electronic copy of the Class Notice to all Class Members for whom an email address verification for the borrowers whose Mailed Notices are returned as undeliverable and is reasonably available, even if a new postal mailing address is found, the Settlement Administrator shall send a new Mailed Notice to that updated address. If no new address is found through the updated address verification process, and if the original Mailed Notice was sent to a mailing address other than the address of the property which secured the mortgage loan which qualified the Class member for inclusion in the Class, the new Mailed Notice shall be sent to the address of the property which secured the mortgage. Mailing of Notice as provided for in this Agreement shall be deemed conclusive and unrebuttable proof that a Class member received Notice, regardless of whether Notice was actually received or whether it is returned as undeliverableknown. The Settlement Administrator shall also establish and maintain a website relating take commercially reasonable steps to complete and/or update email addresses for Class Members prior to disseminating the Settlement (the “Settlement Website”) on which it will post copies of the Mailed Notice, the operative version of the Complaint in the Litigation, and, following their issuance, the Preliminary Approval Order, Final Approval Order, and Final Judgment Order pertaining to this Settlement, as well as contact information for the Settlement Administrator and its call centeremail Notices. The Settlement Website Administrator shall be established not send postcard notice to all Settlement Class members whose emails were returned as undeliverable and complete such notice pursuant no later than twenty (20) 60 days after before the issuance of the Preliminary Final Approval Order and will remain active for ninety (90) days after the Settlement reaches Finality, unless this Agreement is terminated earlier. All costs associated with the Notice provided under this Section shall be paid from the Common FundHearing.

NOTICE OF THE SETTLEMENT. Notice of the Settlement shall be provided through a Court-approved Notice Planplan for the provision of the Notice, which shall include the mailing of the Mailed First Notice to the respective members of the Class under this Settlement Members by the Notice Deadline and Deadline, by postings posting information about the Settlement on the Settlement Website, and by mailing or transmitting the Reminder Notice to Class Members, as set forth in this Section. Within twenty thirty (2030) days following entry of the Preliminary Approval Order, the Settlement Administrator shall mail the First Notice to the members of the Class a CourtMembers by first-approved class mail. The First Notice substantially shall be in the form of a postcard with an attached postage-paid tear-off return postcard which may be used as a Claim submission form. The First Notice shall be in substantially the form of Exhibit A. A, and may be modified by agreement of the Parties to effectuate the legibility, formatting, printing, and mailing of the First Notice. The Mailed First Notice shall be sent by first-class mail to the class member’s Last Known Mailing Address reflected on the final Class Member ListAddress. If there is more than one borrower on a loan subject loan to this Settlement and the co-borrowers have the same Last Known Mailing Address, the Mailed First Notice will be mailed to the co-borrowers’ shared Last known Mailing Address. If Otherwise, if there is more than one borrower on a subject loan and the co-borrowers have different Last Known Mailing Addresses, separate Mailed First Notices will be mailed to each co-borrower’s Last Known Mailing Address. For any Mailed Notice which is returned as undeliverableThirty (30) days after the start of the Claims Period, the Settlement Administrator shall undertake also mail or transmit the Reminder Notice to the Class Members who have not submitted a Claim. For Class Members who have previously provided an updated email address verification for the borrowers whose Mailed Notices are returned as undeliverable and if a new address is foundto Freedom, the Settlement Administrator shall send a new Mailed Notice to that updated address. If no new address is found through the updated address verification process, and if the original Mailed Notice was sent to a mailing address other than the address of the property which secured the mortgage loan which qualified the Class member for inclusion in the Class, the new Mailed Reminder Notice shall be sent by email to that email address; provided, however, that if a Reminder Notice is sent to a Class Member using an email address that is no longer valid or active such that it is returned or “bounced back,” the Claims Administrator shall send that Class Member a Reminder Notice by first-class mail to the Class Members’ Last Known Mailing Address. For Class Members who have not previously provided an email address to Freedom, the Reminder Notice shall be sent by first-class mail to the Class Members’ Last Known Mailing Address. For Reminder Notices sent by email, the Reminder Notice shall be an email in substantially the form of Exhibit B, and may be modified by agreement of the property Parties to effectuate the legibility, formatting, and transmission of the Reminder Notice. For Reminder Notices sent by postal mail, the Reminder Notice shall be a postcard (without an attached tear-off return postcard) in substantially the form of Exhibit C, and may be modified by agreement of the Parties to effectuate the legibility, formatting, printing, and mailing of the Reminder Notice. For reminder notices sent by postal mail, if there is more than one borrower on a loan subject to this Settlement and the co-borrowers have the same Last Known Mailing Address, one Reminder Notice will be mailed to the co-borrowers’ shared Last known Mailing Address. Otherwise, if there is more than one borrower on a subject loan and the co-borrowers have different Last Known Mailing Addresses, separate Reminder Notices will be mailed to each co-borrower’s Last Known Mailing Address. The Settlement Administrator shall also establish and maintain the Settlement Website on which secured it will post information about the mortgageSettlement, including copies of the Settlement Agreement, the First Notice and the Reminder Notice, the operative version of the Complaint in the Litigation, any orders issued by the Court pertaining to the Settlement (including the Preliminary Approval Order, Final Approval Order, and Final Judgment Order), and contact information for the Settlement Administrator. The Settlement Website shall allow for the electronic submission of Claims. The Settlement Website shall also have a feature whereby Class Members may enter their Claim Identification Code to be shown an estimate of the Settlement Benefits to which they may be entitled, provided that this feature shall include warnings or disclaimers making clear that any listed amount of estimated Settlement Benefit is not guaranteed, and that receipt of a Settlement Benefit is contingent upon various factors described in this Agreement, including submission of a Valid Claim, the grant of certain approvals to the Settlement by the Court, and the Settlement reaching Finality. The Settlement Website shall be established not later than thirty (30) days after the issuance of the Preliminary Approval Order and will remain active until either: (1) thirty five (35) days after the Settlement Benefits have been distributed to Class Members who submit Valid Claims; or, (2) if the Agreement is terminated. Mailing or transmission of Notice as provided for in this Agreement shall be deemed conclusive and unrebuttable proof that a Class member Member received Notice, regardless of whether Notice was actually received or whether it is returned as undeliverable. The Settlement Administrator shall also establish and maintain a website relating to the Settlement (the “Settlement Website”) on Notice which it will post copies of the Mailed Notice, the operative version of the Complaint was mailed or transmitted as provided for in the Litigation, and, following their issuance, the Preliminary Approval Order, Final Approval Order, and Final Judgment Order pertaining to this Settlement, as well as contact information for the Settlement Administrator and its call center. The Settlement Website shall be established not later than twenty (20) days after the issuance of the Preliminary Approval Order and will remain active for ninety (90) days after the Settlement reaches Finality, unless this Agreement shall not be deemed inadequate as to any Class Member because it is terminated earlier. All costs associated with the Notice provided under this Section shall be paid from the Common Fundnot actually received by that Class Member or because it is returned or identified as undeliverable.

NOTICE OF THE SETTLEMENT. 11.1 Notice of the Settlement shall be provided through a Court-approved Notice Planplan for Notice, which shall include the mailing of the Mailed Notice to the respective members of the Class under this Settlement by the Notice Deadline and by postings such Notice on the Settlement Website, as set forth in this Section. . 11.2 Within twenty (20) days following entry of the Preliminary Approval Order, the Settlement Administrator shall mail to the members of the Class a Court-approved Notice substantially in the form attached as Exhibit A. A. 11.3 The Mailed Notice shall be sent by first-class mail to the class member’s Last Known Mailing Address last known address reflected on the final Class Member List. If there is more than one borrower on a subject loan and the co-borrowers have the same Last Known Mailing Addresslast known address, the Mailed Notice will be mailed to the co-co- borrowers’ shared Last last known Mailing Addressaddress. If there is more than one borrower on a subject loan and the co-borrowers have different Last Known Mailing Addresseslast known addresses, separate Mailed Notices will be mailed to each co-borrower’s Last Known Mailing Address. For any Mailed Notice which is returned as undeliverable, the Settlement Administrator shall undertake an updated address verification for the borrowers whose Mailed Notices are returned as undeliverable and if a new address is found, the Settlement Administrator shall send a new Mailed Notice to that updated last known address. If no new address is found through the updated address verification process, and if the original Mailed Notice was sent to a mailing address other than the address of the property which secured the mortgage loan which qualified the Class member for inclusion in the Class, the new Mailed Notice shall be sent to the address of the property which secured the mortgage. Mailing of Notice as provided for in this Agreement shall be deemed conclusive and unrebuttable proof that a Class member received Notice, regardless of whether Notice was actually received or whether it is returned as undeliverable. . 11.4 The Settlement Administrator shall also establish and maintain a website relating to the Settlement (the “Settlement Website”) on which it will post copies of the Mailed Notice, the operative version of the Second Amended Complaint in the Litigation, and, following their issuance, the Preliminary Approval Order, Final Approval Order, and Final Judgment Order pertaining to this Settlement, as well as contact information for Class Counsel and the Settlement Administrator and its call centerAdministrator. The Settlement Website shall be established not later than twenty (20) days after the issuance of the Preliminary Approval Order and will remain active for ninety one hundred eighty (90180) days after the Settlement reaches Finality, unless this Agreement is terminated earlier. . 11.5 All costs associated with the Notice provided under this Section and Settlement Website shall be paid from the Common Fundby Sierra Pacific.