Common use of Notice Plan Clause in Contracts

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list of persons to be included in the Settlement Classes. Defendant will work with Deverus, Inc. to identify those individuals and shall provide the class list to the Settlement Administrator within forty-five (45) days of the Court’s entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned as undeliverable or returned with a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as of the date of the mailing of the Reminder Notice.

Notice Plan. 3.1 Based on data provided 1. The Parties and the Settlement Claims Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Class Notice is designed to provide clear and concise notice of the terms of this Settlement Agreement in plain, easily understood language. The Parties acknowledge and expressly agree that the Notice Plan constitutes due and sufficient notice under Federal Rule of Civil Procedure 23. The Parties will recommend to the Court the Notice Plan, which will be administered by Defendantthe Settlement Claims Administrator. 2. Under the Notice Plan, Class Counsel have provided Defendant with a list upon Preliminary Approval of persons this Settlement, the Settlement Claims Administrator shall cause the Long Form Notice to be included in disseminated to Settlement Class Members via e-mail, and the Summary Notice by U.S. mail for any Settlement ClassesClass Members with respect to whom Turkish does not have an e- mail address on file as of the Class Notice Date. Defendant will work The Class Notice shall conform substantially with Deverus, Inc. the notices attached as Exhibit C and Exhibit D. 3. For any e-mails to identify those individuals and shall provide the class list Settlement Class Members that are returned to the Settlement Claims Administrator as undeliverable and for Settlement Class Members for whom Turkish does not have an e- mail address, a Summary Notice shall be sent to each Settlement Class Member’s last known address on a double-sided postcard with a change of address form on the back flap. 4. The Settlement Claims Administrator will also create and maintain a Settlement Website to be activated within forty-five (455) days of the Court’s following entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned as undeliverable or returned with a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall will have a Claim Form submission capability, contain the Long Form Notice (Exhibit C); provide Preliminary Approval Order, the Class Notice, this Settlement Class Members with an opportunity Agreement, and other information regarding the Court approval process as agreed to update their contact information; provide by the Parties. The Settlement Class Members with an opportunity Website will also contain other important case documents, which will be updated from time to submit an online Claim Form, contain copies of the pleadings in this mattertime, including the operative complaintComplaint in the Litigation, this Agreement, Class Counsel’s any motion for attorneys’ fees, costs, expenses, and Class Representative Service Payment service awards (and copies supporting documentation), and motions for preliminary and final approval. In addition, the Settlement Website will include a section for frequently asked questions and procedural information regarding the status of any orders issued by the Court in connection with this Settlement; absent agreement by Court-approval process, such as an announcement when the Partiesfinal approval hearing is scheduled, not be taken down until eight deadlines for opting out and objecting, when the Final Order and Judgment has been entered, and when the Effective Date is expected or has been reached. The Settlement Claims Administrator will terminate the Settlement Website forty-five (8) months following 45) days after either (1) the Effective Date; and be updated as appropriate regarding developments in , or (2) the Litigation, such as date on which the establishment Settlement is terminated or otherwise not approved by a court. The Settlement Claims Administrator will then promptly transfer ownership of new deadlines by the Court or the filing of an appealURL to Turkish. 3.5 Beginning on the Notice Mailing Date, the 5. The Settlement Claims Administrator shall provide will also establish a toll-free phone support telephone number for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear call and receive pre-recorded responses answers to frequently asked questions which parallel those in the Long Form Notice. It shall regarding this Settlement and will also provide set up an email address to handle Settlement Class Members Members’ inquiries. 6. Turkish shall serve notice of the Settlement that meets the requirements of CAFA, 28 U.S.C. § 1715, on the appropriate federal and state officials not later than ten (10) days after the Court grants Preliminary Approval of the Settlement. A proposed form of CAFA Notice, without the accompanying attachments, is attached as Exhibit A. Within a reasonable time thereafter, Turkish shall file with the ability to leave Court a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as certification of the date of date(s) on which the mailing of the Reminder NoticeCAFA Notice was served.

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list Within 21 days after receipt of persons to be included in the Settlement Classes. Defendant will work with DeverusClass List and Data, Inc. to identify those individuals and shall provide the class list to the Settlement Administrator within forty-five (45) days of the Court’s entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned or as undeliverable or returned with a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated soon thereafter as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadlinepossible, the Settlement Administrator shall mail the Reminder Notice Packet to those Multiple Entries the Settlement Class Members from via first-class regular U.S. Mail and shall also send the notice via email to all Settlement Class Members for whom the Defendants, Class Counsel, or the Settlement Administrator has not yet received Claim Forms as of have email addresses. The Settlement Administrator shall prepare documentation showing the date of allocation to each individual Settlement Class Member and provide it to Defendants and Class Counsel at least 14 business days prior to the mailing of the Reminder Noticenotices. Prior to mailing of the notice Defendants shall have 7 business days from receipt to review the individual allocations to the Settlement Class Members and to object to the individual allocations if the allocations do not match Defendants’ records and/or if the individual allocations for Pre- Merger Claims plus costs and expenses, attorneys’ fees and costs of Settlement Administration do not add up to $100,000,000, as intended and shown in the chart in this Agreement. If the parties are not able to resolve the objection, the mailing of the Notice Packet will be postponed pending resolution by the Court provided that within 14 days from receipt of the individual allocations from Class Counsel, Defendants file a motion to have the Court resolve the dispute. The Settlement Administrator will notify Counsel as soon as the Notices have been mailed and shall keep Counsel advised of Notices and emails that are invalid and/or have been returned. In the event an email address for a Settlement Class Member who is currently driving for Defendants is invalid or in the event there is no email address for a Settlement Class Member that is currently driving for Defendants, the Settlement Administrator shall promptly so advise the parties via email. In that event, within three business days of receipt of the Settlement Administrator’s email, Defendants shall send an individualized Qualcomm notice to such Settlement Class Member on three consecutive days advising the Settlement Class Member that the company has entered into a settlement that may entitle the Settlement Class Member to a monetary award and advising the Settlement Class Member to contact the Claims Administrator and providing the Claim’s Administrator’s contact information. The Settlement Administrator will also arrange a website with necessary Settlement information and a toll-free number with pre-recorded frequently asked questions regarding the settlement, which shall be provided to the Parties at least 10 days prior to filing of the preliminary approval motion and, if either party disagrees with the language, the dispute shall be submitted to the Court for resolution as part of the preliminary approval motion. The toll-free number shall be staffed by knowledgeable individuals able to handle questions from class members not answered by the pre- recorded message. With respect to mailed and emailed Notices that are returned, the Settlement Administrator shall perform such further traces as are reasonably available to locate the address of any individual whose notice packet is returned as undeliverable. Notice shall be re-mailed (or re-emailed) to all addresses reasonably (as determined by the Administrator) identified by such traces. If after preliminary approval and issuance of notice of the settlement, the Effective Date does not occur, or the settlement is rescinded by any party, the Settlement Administrator shall send a notice to all Settlement Class Members (other than those who have opted out) informing them of the voiding of the Settlement and informing Settlement Class Members who filed claim forms that their claims forms shall be treated as FLSA consent to sue forms in the Van Dusen litigation unless the Class Member chooses to withdraw the claim form.

Notice Plan. 3.1 Based on data provided by Defendant6.7.1 The Class Notice shall conform to all applicable requirements of the governing rules of civil procedure and any other applicable law, Class Counsel have provided Defendant with a list of persons to and shall otherwise be included in the manner and form agreed upon by the Parties and approved by the Court. 6.7.2 The Parties have worked collaboratively together to identify, through reasonable means, the name and contact information (including any and all e-mail addresses to the extent available) for any person they believe may potentially be a Settlement ClassesClass Member. 6.7.3 Everi will coordinate with the Settlement Administrator to provide Notice to the Class, as provided in this Settlement Agreement, including by providing the Settlement Administrator the names and last-known addresses of all individuals who comprise the Settlement Class prior to Plaintiffs moving for preliminary approval of the Settlement. Defendant Because the information about Class Members that will work with Deverus, Inc. to identify those individuals and shall provide the class list be provided to the Settlement Administrator will consist of confidential information, non-public personal information, and other information protected by privacy laws, the Settlement Administrator will execute a non-disclosure agreement and will take all reasonable steps to ensure that any information provided to it by Xxxxx will be used solely for the purpose of effecting this Settlement and otherwise shall comply with Xxxxx’s vendor and information security requirements. Any such information provided to the Settlement Administrator will not be provided to the Class Representatives or Class Counsel. The Settlement Administrator shall administer the Settlement in accordance with the terms of this Settlement Agreement and, without limiting the foregoing, shall treat any and all documents, communications and other information and materials received in connection with the administration of the Settlement as confidential and shall not disclose any or all such documents, communications, or other information to any person or entity except as provided for in this Settlement Agreement or by court order. 6.7.4 Subject to Court approval, within forty-five fifteen (4515) days of the Court’s entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice MailingDate, the Settlement Administrator shall utilize send all potential Settlement Class Members the U.S. Postal Office’s Class Notice in substantially the form attached hereto as Exhibits B and C, via postal mail and email (to the extent readily available in the data provided by Xxxxx) to all of the postal and email addresses provided by the Parties to the Settlement Administrator, and shall make available the Class Notices (as well as the online Claim Form and a copy of the postal Claim Form in the form attached hereto as Exhibit A) on the Settlement Website. 6.7.5 Prior to mailing, the Settlement Administrator shall attempt to update the last known addresses of the Class Members set forth on the Notice List through the National Change of Address System and appropriate proprietary software to verify and/or update system or a similar database. To the extent Xxxxx’s data does not contain a last known address for a Settlement Class Members’ addressesMember, the Settlement Administrator shall attempt to use reverse lookup as needed to obtain an address. 6.7.6 Following the mailing of the Notice, the Settlement Administrator shall provide counsel for the Parties with written confirmation of the mailing. 6.7.7 Unless the Settlement Administrator receives a Notice returned from the United States Postal Service for reasons discussed below in this paragraph, that Notice shall be deemed mailed and received by the individual to whom it was sent five (5) days after mailing. Should any In the event that subsequent to the first mailing of a Notice, and prior to seven (7) days before the Opt-Out Deadline, the Notice be is returned as undeliverable or returned to the Settlement Administrator by the United States Postal Service with a forwarding address for the recipient, the Settlement Administrator shall re- mail the Notice to that address, and the Notice will be deemed mailed at that point. If any Notice is returned undeliverable, the Settlement Administrator will be instructed to attempt one skip-trace and if the skip-trace establishes an alternate address, the Settlement Administrator shall re-mail the Notice to that alternative address. The Notice shall be deemed received by the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database individual once it is mailed for the purpose of finding new addresses and remailingsecond time. Nothing in this paragraph shall be construed to extend the Opt- Out Deadline for any Class Member. 3.4 6.7.8 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide establish a toll-free phone support for all questions telephone number that will provide settlement-related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed information to Settlement Class Members expire. The phone support shall consist using an automated response system of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone callIVR. 3.6 Twenty days (20) prior 6.7.9 All costs and expenses related to the Claims Deadline, toll-free telephone number shall be paid out of the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as of the date of the mailing of the Reminder NoticeFund.

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list of persons 53. The Parties shall jointly recommend and retain Phoenix to be included the Settlement Administrator. 54. Class Notice will be disseminated through: (a) the Summary Notice (substantially in the form of “Exhibit D” attached hereto), which shall be issued to the Settlement ClassesClass via email for those Settlement Class Members for whom the class list contains email addresses, and first-class mail for all Settlement Class members, regardless of whether the class list contains email addresses; and (b) an internet website created by the Settlement Administrator (“Settlement Website”) which shall post the Summary Notice, the Long-Form Notice (substantially in the form of “Exhibit B” attached hereto), and any additional documents as may be ordered by the Court. Class Notice shall be issued in English only; however, should the Court order that Class Notice be issued in any additional language other than English – whether such Class Notice be made available on the Settlement Website or otherwise – the Parties agree to comply with any such order provided that in no event shall Defendant be obligated to pay any amounts in excess of the Maximum Settlement Fund. 55. Defendant will work with Deverus, Inc. to identify those individuals and shall provide the class list to the Settlement Administrator the name, any available email, and mailing address, and holding fee actually paid (collectively, “Class Member Information”) of each Class Member within forty-five (455) business days after notice of the Court’s entry of the Preliminary Approval Order. The Notice Date shall be no later than thirty (30) days after notice of entry of the Preliminary Approval Order has been provided to the Settlement Administrator. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 56. Prior to the Notice MailingDate, the Settlement Administrator shall utilize establish the U.S. Settlement Website that will inform Class Members of the terms of this Agreement, their rights, dates, and deadlines with respect to the Agreement, updated information regarding benefits provided pursuant to this Agreement herein and related information. The Settlement Website may also have a section for frequently asked questions, as well as a portal for Class Members to submit questions via confidential e-mail to Class Counsel for a confidential response. Defendant shall have the right to review and consent to the form of any publicly available frequently asked questions and answers section, consent for which shall not be unreasonably withheld. Questions submitted to Class Counsel through the portal shall constitute confidential and privileged communications seeking legal advice, which questions and responses Defendant shall not see. The Settlement Website shall include, in .pdf format, access to the following: a) the Long-Form Notice; b) the Preliminary Approval Order; c) this Agreement (including all of its Exhibits); d) the Complaint; e) the Motion for Award of Attorneys’ Fees, Costs, and Service Awards (when prepared); f) the Final Order and Final Judgment; and g) any other materials agreed upon by the Parties and/or required by the Court. 57. Prior to the transmission of the Summary Notice, the Settlement Administrator shall cause the address of each Class Member, as provided in the Class Member Information, to be updated using the United States Postal OfficeService’s National Change of Address System and appropriate proprietary software System. Summary Notice will be mailed to verify and/or update Settlement Class Members’ the updated addresses. Should any After the mailing, for each Class Member’s Summary Notice that is returned by the United States Postal Service without a forwarding address, the Settlement Administrator shall conduct a one-time address search for that Class Member for the purpose of obtaining an updated address. In the event an updated address is found, the Summary Notice will be mailed to the updated address. If a Class Member’s Summary Notice is returned as undeliverable or returned by the United States Postal Service with a forwarding address, the Settlement Administrator shall re-mail the Summary Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for address. All re-mailings shall be performed within 3 business days of the purpose receipt of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing datereturned Summary Notices. The Settlement Website deadlines for submitting exclusion and objections shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following extended due to re- mailing. On the Effective Date; and be updated as appropriate regarding developments in the Litigation, such same date as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Dateoriginal mailing, the Settlement Administrator shall provide tollemail a copy of the Summary Notice to each Class Member for whom an email address is included in the Class Member Information in addition to the physical mailing. 58. The Long-free phone support for all questions related Form Notice shall be in a form substantially similar to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed document attached to Settlement this Agreement as “Exhibit B”, and shall advise Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior and comport to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as of the date of the mailing of the Reminder Notice.following:

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list of persons to be included in After the Settlement Classes. Defendant will work with Deverus, Inc. to identify those individuals and shall provide the class list to the Settlement Administrator within forty-five (45) days of the Court’s entry of Court enters the Preliminary Approval Order., Class Notice will be provided to the Settlement Class in accordance with the following procedures: 3.2 (a) The Settlement Administrator shall mail the Postcard Notice will be responsible for updating, verifying and Claim Form to all otherwise locating U.S. Mail addresses for Settlement Class Members via first class U.S. mail. 3.3 Prior Members. Defendants will not and are not obligated to take any other steps to identify Settlement Class Members, locate contact information for Settlement Class Members, or take any other steps to identify or locate Settlement Class Members. Defendants have previously provided Settlement Class Member information and transactional data for the Class Period to Class Counsel sufficient to deliver notices and administer a claims verification process. To the extent the Settlement Administrator identifies incomplete or corrupted data in some respect, Defendants agree to confer with Class Counsel and the Settlement Administrator to determine whether additional information is available in Defendants’ customer information or transaction databases. Before Class Notice Mailingis distributed pursuant to the Notice Plan, the Settlement Administrator shall utilize will attempt to update available address information and locate address information where a phone number, but no address, currently is available. To do that, the Settlement Administrator will run reverse phone look-up searches for Settlement Class Members for whom a phone number, but no address, is currently available. Where an address is available, the Settlement Administrator will run the address recipients through the U.S. Postal Office’s Service National Change of Address (“NCOA”) database for the purposes of verifying and updating addresses of intended recipients. In addition, the addresses will be certified through the Coding Accuracy Support System (“CASS”) to ensure the quality of the zip code and appropriate proprietary software will be verified through Delivery Point Validation (“DPV”) to verify and/or update Settlement Class Members’ confirm the accuracy of the addresses. Should any Notice be returned as undeliverable or returned with NCOA provide a forwarding addressmore current mailing address for a Settlement Class Member, the Settlement Administrator shall will update the address accordingly. If a notice is returned with forwarding address information, the Settlement Administrator will re-mail to the forwarded address. For notices that USPS returns after mailing as undeliverable, the Settlement Administrator will use standard skip- tracing to obtain forwarding address information and, if skip-tracing provides a different forwarding mailing address, will re-mail the Notice notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued identified by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appealskip-trace. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as of the date of the mailing of the Reminder Notice.

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list of persons to be included in the Settlement Classes. Defendant will work with Deverus, Inc. to identify those individuals and shall provide the class list to the Settlement Administrator within forty-five (45) days of the Court’s Upon entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail , and as the Postcard Notice and Claim Form to all Settlement Court may direct therein, Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned as undeliverable or returned with a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Website to “go live” on the Notice Mailing dateClass. The Settlement Website Notice Plan shall contain be implemented by the Long Form Claims Administrator. The Notice (Exhibit C); Plan shall provide for direct mail and e-mail dissemination of a Court-approved notice to any Person falling within the definition of the Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form(including homeowners, contain copies of the pleadings in this matterelectricians, including the operative complaintcontractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide a settlement website with search engine optimization placement that will include downloadable notice and claim forms and online claim form submission capability; a toll-free phone support for all questions related number specified in the notice; and a claim submission reminder notice to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed be disseminated to Settlement Class Members expireon the Mailing Lists who fail to submit a claim. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear preEagle will provide the contact information it has in its Navison database for homeowners who previously purchased SB-50 Solar Tiles and/or Properties with SB-50 Solar Tiles installed, including names, street addresses, and/or e-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior mail addresses, to the Claims DeadlineAdministrator within five (5) business days following entry of the Preliminary Approval Order. Centex will provide the contact information is has for homeowners who previously purchased OE-35 Solar Tiles and/or Properties with OE-35 Solar Tiles installed, including names, street addresses, and/or email addresses to the Claims Administrator within five (5) business days following entry of the Preliminary Approval Order. The lists provided by Eagle and Centex shall be collectively referred to as the “Mailing Lists.” The forms of Class Notice shall advise the Settlement Class of the Fairness Hearing, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as terms of the date Settlement, and of their rights, including the right to opt-out, comment upon, or object to the Settlement, and other relevant information regarding the Settlement. A copy of the mailing proposed form of the Reminder Notice.Class Notice is attached hereto as Exhibit C.

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list 8.1 Notice of persons to be included in the Settlement Classes. Defendant will work with Deverus, Inc. to identify those individuals and shall provide the class list be given to the Multi-State Settlement Administrator Subclass Members commencing within forty-five (45) days of the Court’s entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned as undeliverable or returned with a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following of the date that all checks mailed to Settlement Class Members expire. The phone support entry of the Court’s Preliminary Approval Order (“Notice Date”), and the Notice Plan shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those include: a) U.S. mail notice, substantially in the Long Form Noticeform of the Notice attached hereto as Exhibit B to all persons or entities for whom postal can reasonably be obtained by the Settlement Administrator and provided by Viega, as specified in the Notice Plan. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims DeadlineIf any notices are returned as undeliverable, the Settlement Administrator shall mail will remail to any new address available through postal service information, for example, to the Reminder address provided by the USPS on returned pieces for which the automatic forwarding order has expired, or to better addresses that may be found using a third-party lookup service. Upon successfully locating better addresses, summary Postcard Notices will be promptly remailed. b) emailing a copy of the Notice of to those Multiple Entries all persons in substantially the same form as Exhibit B to all persons or entities for whom email addresses can reasonably be obtained by the Settlement Administrator and provided by Viega, as specified in the Notice Plan. c) notice by publication in a manner in substantially the same form as Exhibit A to be published in both print and online in Plumber (xxx.XXXxx.xxx) and PHC News (xxx.xxxxxxxx.xxx), two leading industry magazines, for a period of thirty days, as well as via digital righthand column ads on Facebook as well as via sponsored search listing via search engines, targeted to plumbers within the 26 states, including the District of Columbia. d) online notice through a settlement website xxx.XxxxxxXxxxxXxxxxxxxXxxxxxxxxx.xxx, which will remain active throughout the pendency of the Claims Period and through the conclusion of the Rebate Program, and from which class Settlement Class Members from whom can access copies of relevant case documents, including, for example, the Amended Complaint, Settlement Administrator has not yet received Agreement and Exhibits, relevant Orders of the Court, Claim Forms and will include updates and information about the Rebate Program start date and Rebate Claim Deadline. e) a press release released through PR Newswire in both English and Spanish. f) notification to the appropriate government officials pursuant the Class Action Fairness Act (CAFA) as of the date of the mailing of the Reminder Noticeset forth in Section 7.5 above.

Notice Plan. 3.1 Based on data provided 1. The Parties and the Settlement Claims Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Class Notice is designed to provide clear and concise notice of the terms of this Settlement Agreement in plain, easily understood language. The Parties acknowledge and expressly agree that the Notice Plan constitutes due and sufficient notice under Federal Rule of Civil Procedure 23. The Parties will recommend to the Court the Notice Plan, which will be administered by Defendantthe Settlement Claims Administrator. 2. Under the Notice Plan, Class Counsel have provided Defendant with a list upon Preliminary Approval of persons this Settlement, the Settlement Claims Administrator shall cause the Long Form Notice to be included in disseminated to Settlement Class Members via e-mail, and the Summary Notice by U.S. mail for any Settlement ClassesClass Members with respect to whom Lufthansa does not have an e-mail address on file as of the Class Notice Date. Defendant will work The Class Notice shall conform substantially with Deverus, Inc. the notices attached as Exhibit C and Exhibit D. 3. For any e-mails to identify those individuals and shall provide the class list Settlement Class Members that are returned to the Settlement Claims Administrator as undeliverable and for Settlement Class Members for whom Lufthansa does not have an e-mail address, a Summary Notice shall be sent to each Settlement Class Member’s last known address on a double-sided postcard with a change of address form on the back flap. 4. The Settlement Claims Administrator will also create and maintain a Settlement Website to be activated within five (5) days following entry of the Preliminary Approval Order. The Settlement Claims Administrator has secured an appropriate URL, xxx.xxxxxxxxxxxxxxxxxxxxxxxxx.xxx. The Settlement Website will have a Claim Form submission capability, contain the Preliminary Approval Order, the Class Notice, this Settlement Agreement, and other information regarding the Court approval process as agreed to by the Parties. The Settlement Website will also contain other important case documents, which will be updated from time to time, including the Complaints in the Maree action, any motion for attorney’s fees, costs, expenses and service awards (and supporting documentation), and motions for preliminary and final approval. In addition, the Settlement Website will include a section for frequently asked questions and procedural information regarding the status of the Court-approval process, such as an announcement when the final approval hearing is scheduled, deadlines for opting out and objecting, when the Final Order and Judgment has been entered, and when the Effective Date is expected or has been reached. The Settlement Claims Administrator will terminate the Settlement Website forty-five (45) days after either (1) the Effective Date, or (2) the date on which the Settlement is terminated or otherwise not approved by a court. The Settlement Claims Administrator will then promptly transfer ownership of the Court’s entry of the Preliminary Approval OrderURL to Lufthansa. 3.2 5. The Settlement Claims Administrator shall mail the Postcard Notice and Claim Form to all will also establish a toll-free telephone number for Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailingcall, the receive pre-recorded answers to questions regarding this Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software also speak to verify and/or update a live operator and will also set up an email address to handle Settlement Class Members’ addressesinquiries. 6. Should any Notice be returned as undeliverable or returned with a forwarding addressUpon preliminary approval of the Settlement, the Settlement Claims Administrator shall re-mail also cause notice of the Notice Settlement to be provided through digital advertising, pursuant to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for Settlement Administrator’s notice plan set forth in the purpose declaration of finding new addresses and remailingthe Settlement Administrator to be filed in support of preliminary approval of the Settlement. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date7. The Settlement Website Claims Administrator shall contain the Long Form Notice (Exhibit C); provide Settlement also cause a press release to be issued informing Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costspendency of Settlement, and Class Representative Service Payment a link to the Settlement Website. 8. Lufthansa shall serve notice of the Settlement that meets the requirements of CAFA, 28 U.S.C. § 1715, on the appropriate federal and copies of any orders issued by state officials not later than ten (10) days after the Court in connection grants Preliminary Approval of the Settlement. A proposed form of CAFA Notice, without the accompanying attachments, is attached as Exhibit A. Within a reasonable time thereafter, Lufthansa shall file with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as certification of the date of date(s) on which the mailing of the Reminder NoticeCAFA Notice was served.

Notice Plan. 3.1 Based on data provided ‌ 1. The Parties and the Settlement Claims Administrator have developed an appropriate and reasonable Notice Plan to reach Settlement Class Members. The Parties acknowledge and expressly agree that the Notice Plan constitutes due and sufficient notice under Federal Rule of Civil Procedure 23. The Parties will recommend to the Court the Notice Plan, which will be administered by Defendantthe Settlement Claims Administrator. 2. Under the Notice Plan, Class Counsel have provided Defendant with a list upon Preliminary Approval of persons this Settlement Agreement, the Settlement Claims Administrator shall cause the Long Form Notice to be included disseminated to Settlement Class Members via e-mail and the Summary Notice by U.S. mail for any Settlement Class Members with respect to whom BA does not have an e-mail address on file. The Class Notice shall conform substantially with the notices attached as Exhibits C and D. The Class Notice is designed to provide clear and concise notice of the terms of this Settlement Agreement in plain, easily understood language. 3. To allow the Settlement Classes. Defendant will work with Deverusnotice and claims administration processes to run smoothly, Inc. to identify those individuals and BA shall provide the class list Settlement Claims Administrator with the names, e-mail addresses, and the mailing addresses of any Settlement Class Members for whom BA does not have an e-mail address on file for purposes of disseminating the Class Notice and validating the Cash Claim Form. This information will not be shared with Class Counsel. 4. For any e-mails to Settlement Class Members that are returned to the Settlement Claims Administrator as undeliverable and for Settlement Class Members for whom BA does not have an e-mail address, a Summary Notice shall be sent to each Settlement Class Member’s last known address on a double-sided postcard with a change of address form on the back flap. Only one Class Notice will be provided to each Settlement Class Member. 5. The Settlement Claims Administrator will also create and maintain a Settlement Website to be activated within five (5) days following entry of the Preliminary Approval Order. The Settlement Claims Administrator has secured an appropriate URL, xxx.xxxxxxxxxxxxxxxxxxxxxxxx.xxx. The Settlement Website will contain the Preliminary Approval Order, the Class Notice, this Settlement Agreement, and other relevant information regarding the Court approval process. In addition, the Settlement Website will include a section for frequently asked questions and procedural information regarding the status of the Court- approval process, such as an announcement when the final approval hearing is scheduled, deadlines for opting out and objecting, when the Final Order and Judgment has been entered, and when the Effective Date is expected or has been reached. The Settlement Website may not include any of BA’s logos or trademarks. BA will not display ads or otherwise make reference to this Settlement on any of its or its affiliates’ websites. The Settlement Claims Administrator will terminate the Settlement Website forty-five (45) days of after either (1) the Court’s entry of Effective Date, or (2) the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail date on which the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned as undeliverable settlement is terminated or returned with otherwise not approved by a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing datecourt. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies Claims Administrator will then promptly transfer ownership of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appealURL to BA. 3.5 Beginning on the Notice Mailing Date, the 6. The Settlement Claims Administrator shall provide will also establish a toll-free phone support telephone number for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear call and receive pre-recorded responses answers to frequently asked questions regarding this Settlement Agreement. 7. BA shall serve notice of the settlement that meets the requirements of CAFA, 28 U.S.C. § 1715, on the appropriate federal and state officials not later than ten (10) days after the filing of this Settlement Agreement with the Court. A proposed form of CAFA Notice, without the accompanying attachments, is attached as Exhibit A. Within a reasonable time thereafter, BA shall file with the Court a certification of the date(s) on which parallel those in the Long Form NoticeCAFA Notice was served. 8. It BA shall also provide be responsible for the costs of the Notice Plan and CAFA Notice without diminishing or eroding the Settlement Consideration being provided to Settlement Class Members with the ability to leave a message to request a return phone callMembers. 3.6 Twenty days (20) prior to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as of the date of the mailing of the Reminder Notice.

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list of persons to be 9.1 The Parties will provide Notice using the most recent mailing address included in the Xxxxx Fargo Auto’s records for each Settlement Classes. Defendant will work with Deverus, Inc. to identify those individuals and shall provide the class list to the Class Member. 9.2 The Settlement Administrator within forty-five shall, by using the National Change of Address (45“NCOA”) database maintained by the United States Postal Service (“Postal Service”), obtain updated mailing addresses, if available. 9.3 Within thirty (30) days of the Court’s following entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize send the U.S. Postal Office’s National Change Short Form/Postcard Notice to each Class Member via first class mail. To the extent deemed necessary by the Settlement Administrator, the last known address of Address System and appropriate proprietary software to verify and/or update Persons in the Settlement Class Members’ addresses. Should will be subject to confirmation or updating as follows: (a) the Settlement Administrator may conduct a reasonable search to locate an updated address for any Person in the Settlement Class whose Short Form/Postcard Notice be is returned as undeliverable or undeliverable; (b) the Settlement Administrator shall update addresses based on any forwarding information received from the Postal Service; and (c) the Settlement Administrator shall update addresses based on information it receives and through any requests received from Persons in the Settlement Class, including through the Settlement Website. 9.4 If any Short Form/Postcard Notice sent under this section is returned with a forwarding addressby the Postal Service as undeliverable, the Settlement Administrator shall re-mail the Short Form/Postcard Notice once to the forwarding address andaddress, if no forwarding addresses was providedany, utilize provided by the Postal Service on the face of the returned mail. Other than as set forth in this paragraph, neither the Parties nor the Settlement Administrator shall have any other legally available database for obligation to re-mail the purpose of finding new addresses and remailingShort Form/Postcard Notice. 3.4 9.5 The Settlement Administrator shall cause have discretion to format the Short Form/Postcard Notice in a reasonable manner to minimize mailing or administrative costs. Before the Short Form/Postcard Notices are mailed, Class Counsel and Counsel for Defendant shall first be provided with a proof copy of all forms of Notice (including what the items will look like in their final form), and shall have the right to inspect the same for compliance with the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members Agreement and with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appealCourt. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less 9.6 No later than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist entry of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims DeadlinePreliminary Approval Order, the Settlement Administrator shall mail cause the Reminder Notice Long Form Notice, this Settlement Agreement, the Amended Complaint, the Preliminary Approval Order, and any other relevant documents to those Multiple Entries be made available on a dedicated Settlement Website, the website name/URL for which is to be agreed upon by the Parties, to be administered by the Settlement Administrator. When available, the Settlement Administrator shall make available on the Settlement Website Class Counsel’s application for a Fee Award, any motion seeking approval of any Incentive Award and any motion seeking entry of the Final Approval Order. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Class Counsel and Defendant’s Counsel. Such approvals shall not be unreasonably withheld. 9.7 Within thirty (30) days after entry of the Preliminary Approval Order, the Settlement Administrator shall set up a toll-free telephone number that will provide automated information about the Settlement, the Settlement Class Members’ rights, important deadlines, and instructions as to how Settlement Class Members from whom may request and obtain hard-copy Settlement documents. That telephone number shall be maintained until the Opt Out /Objection Deadline. After that time, and through the date the Final Approval Order is entered, a recording will advise any caller to the toll free telephone number that the Opt Out /Objection Deadline has passed and that details regarding the Settlement Administrator has not yet received Claim Forms as may be reviewed on the Settlement Website. 9.8 Xxxxx Fargo Auto shall be responsible for timely compliance with any notice required by CAFA, 28 U.S.C. § 1715. Xxxxx Fargo Auto shall provide proof of such compliance by filing a confirmation declaration with the date of Court at least fourteen (14) days prior to the mailing of the Reminder NoticeFinal Approval Hearing.

Notice Plan. 3.1 Based on data 56. The Parties shall jointly recommend and retain Phoenix Class Action Administration Solutions, which has previously provided by Defendantnotice in this action, Class Counsel have provided Defendant with a list of persons to be included the Settlement Administrator. 57. Class Notice will be disseminated through: (a) the Summary Notice (substantially in the form of “Exhibit D” attached hereto), which shall be issued to the Settlement Classes. Defendant will work with Deverus, Inc. to identify Class via email for those individuals and shall provide Settlement Class Members for whom the class list contains email addresses, as well as first-class mail for those Settlement Class members for whom the class list does not contain email addresses; and (b) an internet website created by the Settlement Administrator (“Settlement Website”) which shall post the Summary Notice, the Long-Form Notice (substantially in the form of “Exhibit B” attached hereto), Claim Form (substantially in the form of “Exhibit E” attached hereto), and any additional documents as may be ordered by the Court. Class Notice shall be issued in English only; however, should the Court order that Class Notice be issued in any additional language other than English – whether such Class Notice be made available on the Settlement Website or otherwise – the Parties agree to comply with any such order provided that in no event shall Defendant be obligated to pay any amounts in excess of the Maximum Settlement Fund. 58. Defendant has already provided to the Settlement Administrator within forty-five the name, any available email, and mailing address, (45collectively, “Class Member Information”) of each Class Member. The Notice Date shall be no later than thirty (30) days after notice of the Court’s entry of the Preliminary Approval OrderOrder has been provided to the Settlement Administrator. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 59. Prior to the Notice MailingDate, the Settlement Administrator shall utilize establish the U.S. Settlement Website that will inform Class Members of the terms of this Agreement, their rights, dates, and deadlines with respect to the Agreement, updated information regarding benefits provided pursuant to this Agreement herein and related information. The Settlement Website shall have a Claim Form that can be submitted online. The Settlement Website may also have a section for frequently asked questions, as well as a portal for Class Members to submit questions via confidential e-mail to Class Counsel for a confidential response. Defendant shall have the right to review and consent to the form of any publicly available frequently asked questions and answers section, consent for which shall not be unreasonably withheld. Questions submitted to Class Counsel through the portal shall constitute confidential and privileged communications seeking legal advice, which questions and responses Defendant shall not see. The Settlement Website shall include, in .pdf format, the following: a) the Long-Form Notice; b) the Preliminary Approval Order; c) this Agreement (including all of its Exhibits); d) the Complaint; e) the Motion for Award of Attorneys’ Fees, Costs, and Service Awards (when prepared); f) the Final Order and Final Judgment; and g) any other materials agreed upon by the Parties and/or required by the Court. 60. Prior to the transmission of the Summary Notice, the Settlement Administrator shall cause the address of each Class Member, as provided in the Class Member Information, to be updated using the United States Postal OfficeService’s National Change of Address System and appropriate proprietary software System. Summary Notice will be mailed to verify and/or update Settlement Class Members’ the updated addresses. Should any After the mailing, for each Class Member’s Summary Notice that is returned by the United States Postal Service without a forwarding address, the Settlement Administrator shall conduct a one-time address search for that Class Member for the purpose of obtaining an updated address. In the event an updated address is found, the Summary Notice will be mailed to the updated address. If a Class Member’s Summary Notice is returned as undeliverable or returned by the United States Postal Service with a forwarding address, the Settlement Administrator shall re-mail the Summary Notice to the forwarding address andaddress. All re-mailings shall be performed within 3 business days of the receipt of returned Summary Notices. The deadlines for submitting claims, if no forwarding addresses was providedexclusion, utilize any other legally available database for the purpose of finding new addresses and remailingobjections shall not be extended due to re-mailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date61. The Settlement Website shall contain the Long Long-Form Notice (shall be in a form substantially similar to the document attached to this Agreement as “Exhibit C); provide Settlement B”, and shall advise Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior comport to the Claims Deadline, the Settlement Administrator shall mail the Reminder Notice to those Multiple Entries Settlement Class Members from whom the Settlement Administrator has not yet received Claim Forms as of the date of the mailing of the Reminder Notice.following:

Notice Plan. 3.1 Based on data provided by Defendant, Class Counsel have provided Defendant with a list Within 21 days after receipt of persons to be included in the Settlement Classes. Defendant will work with DeverusClass List and Data, Inc. to identify those individuals and shall provide the class list to the Settlement Administrator within forty-five (45) days of the Court’s entry of the Preliminary Approval Order. 3.2 The Settlement Administrator shall mail the Postcard Notice and Claim Form to all Settlement Class Members via first class U.S. mail. 3.3 Prior to Notice Mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System and appropriate proprietary software to verify and/or update Settlement Class Members’ addresses. Should any Notice be returned or as undeliverable or returned with a forwarding address, the Settlement Administrator shall re-mail the Notice to the forwarding address and, if no forwarding addresses was provided, utilize any other legally available database for the purpose of finding new addresses and remailing. 3.4 The Settlement Administrator shall cause the Settlement Website to “go live” on the Notice Mailing date. The Settlement Website shall contain the Long Form Notice (Exhibit C); provide Settlement Class Members with an opportunity to update their contact information; provide Settlement Class Members with an opportunity to submit an online Claim Form, contain copies of the pleadings in this matter, including the operative complaint, this Agreement, Class Counsel’s motion for attorneys’ fees, costs, and Class Representative Service Payment and copies of any orders issued by the Court in connection with this Settlement; absent agreement by the Parties, not be taken down until eight (8) months following the Effective Date; and be updated soon thereafter as appropriate regarding developments in the Litigation, such as the establishment of new deadlines by the Court or the filing of an appeal. 3.5 Beginning on the Notice Mailing Date, the Settlement Administrator shall provide toll-free phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the date that all checks mailed to Settlement Class Members expire. The phone support shall consist of an Interactive Voice Response that allows Settlement Class Members to hear pre-recorded responses to frequently asked questions which parallel those in the Long Form Notice. It shall also provide Settlement Class Members with the ability to leave a message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadlinepossible, the Settlement Administrator shall mail the Reminder Notice Packet to those Multiple Entries the Settlement Class Members from via first-class regular U.S. Mail and shall also send the notice via email to all Settlement Class Members for whom the Defendants, Class Counsel, or the Settlement Administrator has not yet received Claim Forms as of have email addresses. The Settlement Administrator shall prepare documentation showing the date of allocation to each individual Settlement Class Member and provide it to Defendants and Class Counsel at least 14 business days prior to the mailing of the Reminder Noticenotices. Prior to mailing of the notice Defendants shall have 7 business days from receipt to review the individual allocations to the Settlement Class Members and to object to the individual allocations if the allocations do not match Defendants’ records and/or if the individual allocations for Pre- Merger Claims plus costs and expenses, attorneys’ fees and costs of Settlement Administration do not add up to $100,000,000, as intended and shown in the chart in this Agreement. If the parties are not able to resolve the objection, the mailing of the Notice Packet will be postponed pending resolution by the Court provided that within 14 days from receipt of the individual allocations from Class Counsel, Defendants file a motion to have the Court resolve the dispute. The Settlement Administrator will notify Counsel as soon as the Notices have been mailed and shall keep Counsel advised of Notices and emails that are invalid and/or have been returned. In the event an email address for a Settlement Class Member who is currently driving for Defendants is invalid or in the event there is no email address for a Settlement Class Member that is currently driving for Defendants, the Settlement Administrator shall promptly so advise the parties via email. In that event, within three business days of receipt of the Settlement Administrator’s email, Defendants shall send an individualized Qualcomm notice to such Settlement Class Member on three consecutive days advising the Settlement Class Member that the company has entered into a settlement that may entitle the Settlement Class Member to a monetary award and advising the Settlement Class Member to contact the Claims Administrator and providing the Claim’s Administrator’s contact information. The Settlement Administrator will also arrange a website with necessary Settlement information and a toll-free number with pre-recorded frequently asked questions regarding the settlement, which shall be provided to the Parties at least 10 days prior to filing of the preliminary approval motion and, if either party disagrees with the language, the dispute shall be submitted to the Court for resolution as part of the preliminary approval motion. The toll-free number shall be staffed by knowledgeable individuals able to handle questions from class members not answered by the pre- recorded message. With respect to mailed and emailed Notices that are returned, the Settlement Administrator shall perform such further traces as are reasonably available to locate the address of any individual whose notice packet is returned as undeliverable. Notice shall be re-mailed (or re-emailed) to all addresses reasonably (as determined by the Administrator) identified by such traces. If after preliminary approval and issuance of notice of the settlement, the Effective Date does not occur, or the settlement is rescinded by any party, the Settlement Administrator shall send a notice to all Settlement Class Members (other than those who have opted out) informing them of the voiding of the Settlement and informing Settlement Class Members who filed claim forms that their claims forms shall be treated as FLSA consent to xxx forms in the Van Dusen litigation unless the Class Member chooses to withdraw the claim form.