Common use of Notice Plan Clause in Contracts

Notice Plan. Upon entry of the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice 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 (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on the Mailing Lists who fail to submit a claim. Eagle 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-mail addresses, to the Claims Administrator 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 terms of the 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 proposed form of Class Notice is attached hereto as Exhibit C.

Notice Plan. Upon entry 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 the Settlement Claims Administrator. 2. Under the Notice Plan, upon Preliminary Approval Orderof this Settlement, and as the Court may direct therein, Class Counsel Settlement Claims Administrator shall cause the Class Long Form Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice 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 (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on via e-mail, and the Mailing Lists who fail Summary Notice by U.S. mail for any Settlement Class Members with respect to submit a claim. Eagle 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 whom Lufthansa does not have an e-mail addresses, address on file as of the Class Notice Date. The Class Notice shall conform substantially with the notices attached as Exhibit C and Exhibit D. 3. 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 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) 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 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 Eagle 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 Centex shall be collectively referred to as the “Mailing Lists.” The forms of Class Notice shall advise service awards (and supporting documentation), and motions for preliminary and final approval. In addition, the Settlement Class Website will include a section for frequently asked questions and procedural information regarding the status of the Fairness HearingCourt-approval process, such as an announcement when the terms 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 URL to Lufthansa. 5. The Settlement Claims Administrator will also establish a toll-free telephone number for Settlement Class Members to call, receive pre-recorded answers to questions regarding this Settlement and also speak to a live operator and will also set up an email address to handle Settlement Class Members’ inquiries. 6. Upon preliminary approval of the Settlement, and the Settlement Claims Administrator shall also cause notice of their rightsthe Settlement to be provided through digital advertising, including the right to opt-out, comment upon, or object pursuant to the Settlement Administrator’s notice plan set forth in the declaration of the Settlement Administrator to be filed in support of preliminary approval of the Settlement. 7. The Settlement Claims Administrator shall also cause a press release to be issued informing Class Members of the pendency of Settlement, and other relevant information regarding 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 state officials not later than ten (10) days after the Court grants Preliminary Approval of the Settlement. A copy of the proposed form of Class Notice CAFA Notice, without the accompanying attachments, is attached hereto as Exhibit C.A. Within a reasonable time thereafter, Lufthansa shall file with the Court a certification of the date(s) on which the CAFA Notice was served.

Notice Plan. Upon entry of After the Court enters the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to will be provided to the Settlement ClassClass in accordance with the following procedures: (a) The Settlement Administrator will be responsible for updating, verifying and otherwise locating U.S. Mail addresses for Settlement Class Members. The Notice Plan shall be implemented by 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 Claims AdministratorClass Period to Class Counsel sufficient to deliver notices and administer a claims verification process. The Notice Plan shall provide for direct mail and e-mail dissemination of a Court-approved notice to any Person falling within To the definition of extent the Settlement Administrator identifies incomplete or corrupted data in some respect, Defendants agree to confer with Class (including homeownersCounsel and the Settlement Administrator to determine whether additional information is available in Defendants’ customer information or transaction databases. Before Class Notice is distributed pursuant to the Notice Plan, electriciansthe Settlement Administrator will attempt to update available address information and locate address information where a phone number, contractorsbut no address, or builders who previously purchased Solar Tiles) currently is available. To do that, the Settlement Administrator will run reverse phone look-up searches for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on for whom a phone number, but no address, is currently available. Where an address is available, the Mailing Lists who fail to submit a claim. Eagle Settlement Administrator will provide run the contact information it has in its Navison address recipients through the U.S. Postal Service National Change of Address (“NCOA”) database for homeowners who previously purchased SB-50 Solar Tiles and/or Properties 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 will be verified through Delivery Point Validation (“DPV”) to confirm the accuracy of the addresses. Should NCOA provide a more current mailing address for a Settlement Class Member, the Settlement Administrator will update the address accordingly. If a notice is returned with SB-50 Solar Tiles installedforwarding address information, including names, street addresses, and/or ethe Settlement Administrator will re-mail addresses, to the Claims forwarded address. For notices that USPS returns after mailing as undeliverable, the Settlement Administrator within five (5) business days following entry of will use standard skip- tracing to obtain forwarding address information and, if skip-tracing provides a different forwarding mailing address, will re-mail 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 notice to the Claims Administrator within five (5) business days following entry of address identified by the Preliminary Approval Order. The lists provided by Eagle and Centex shall be collectively referred to as the “Mailing Listsskip-trace.” The forms of Class Notice shall advise the Settlement Class of the Fairness Hearing, the terms of the 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 proposed form of Class Notice is attached hereto as Exhibit C.

Notice Plan. Upon entry of 53. The Parties shall jointly recommend and retain Phoenix to be the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Settlement Administrator. 54. Class Notice describing will be disseminated through: (a) the Fairness Hearing and Summary Notice (substantially in the settlement embodied herein to form of “Exhibit D” attached hereto), which shall be provided issued to the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice Plan shall provide Class via email for direct mail and e-mail dissemination of a Court-approved notice to any Person falling within the definition of the Settlement Class (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be disseminated to 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 Mailing Lists who fail Settlement Website or otherwise – the Parties agree to submit a claimcomply 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. Eagle Defendant 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-mail addresses, to the Claims Settlement Administrator the name, any available email, and mailing address, and holding fee actually paid (collectively, “Class Member Information”) of each Class Member within five (5) business days following entry after notice 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 Notice Date shall be collectively referred no later than thirty (30) days after notice of entry of the Preliminary Approval Order has been provided to as the “Mailing Lists.” The forms of Class Notice shall advise the Settlement Administrator. 56. Prior to the Notice Date, the Settlement Administrator shall establish the Settlement Website that will inform Class Members of the Fairness Hearing, the terms of the Settlementthis Agreement, and of their rights, including 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 opt-out, comment upon, or object review and consent to the Settlementform 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 relevant information regarding materials agreed upon by the SettlementParties and/or required by the Court. 57. A 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 Service’s National Change of Address System. Summary Notice will be mailed to the updated addresses. 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 by the United States Postal Service with a forwarding address, the Settlement Administrator shall mail the Summary Notice to the forwarding address. All re-mailings shall be performed within 3 business days of the receipt of returned Summary Notices. The deadlines for submitting exclusion and objections shall not be extended due to re- mailing. On the same date as the original mailing, the Settlement Administrator shall email a copy of the proposed 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-Form Notice shall be in a form substantially similar to the document attached to this Agreement as “Exhibit B”, and shall advise Class Members of Class Notice is attached hereto as Exhibit C.and comport to the following:

Notice Plan. Upon entry 9.1 The Parties will provide Notice using the most recent mailing address included in Xxxxx Fargo Auto’s records for each Settlement Class Member. 9.2 The Settlement Administrator shall, by using the National Change of the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented Address (“NCOA”) database maintained by the Claims Administrator. The Notice 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 United States Postal Service (including homeowners“Postal Service”), electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on the Mailing Lists who fail to submit a claim. Eagle 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 obtain updated mailing addresses, and/or e-mail addresses, to the Claims Administrator within five if available. 9.3 Within thirty (530) business days following entry of the Preliminary Approval Order, the Settlement Administrator shall send the Short Form/Postcard Notice to each Class Member via first class mail. Centex To the extent deemed necessary by the Settlement Administrator, the last known address of Persons in the Settlement Class will provide be subject to confirmation or updating as follows: (a) the contact Settlement Administrator may conduct a reasonable search to locate an updated address for any Person in the Settlement Class whose Short Form/Postcard Notice is returned as undeliverable; (b) the Settlement Administrator shall update addresses based on any forwarding information is has for homeowners who previously purchased OE-35 Solar Tiles and/or Properties with OE-35 Solar Tiles installedreceived 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 namesthrough the Settlement Website. 9.4 If any Short Form/Postcard Notice sent under this section is returned by the Postal Service as undeliverable, street addresses, and/or email addresses the Settlement Administrator shall re-mail the Short Form/Postcard Notice once to the Claims forwarding address, if any, 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 within five shall have any other obligation to re-mail the Short Form/Postcard Notice. 9.5 The Settlement Administrator shall 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 (5including what the items will look like in their final form), and shall have the right to inspect the same for compliance with the Settlement Agreement and with any orders by the Court. 9.6 No later than thirty (30) business days following the entry of the Preliminary Approval Order, the Settlement Administrator shall cause the Long Form Notice, this Settlement Agreement, the Amended Complaint, the Preliminary Approval Order, and any other relevant documents to 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. The lists provided by Eagle 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 Centex any motion seeking entry of the Final Approval Order. Any other content proposed to be included or displayed on the Settlement Website shall be collectively referred to as 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 “Mailing Lists.” The forms of Class Notice Preliminary Approval Order, the Settlement Administrator shall advise set up a toll-free telephone number that will provide automated information about the Settlement, the Settlement Class of the Fairness HearingMembers’ rights, the terms of the Settlementimportant deadlines, and of their rightsinstructions as to how Settlement Class Members may request and obtain hard-copy Settlement documents. That telephone number shall be maintained until the Opt Out /Objection Deadline. After that time, including and through the right to opt-outdate the Final Approval Order is entered, comment upon, or object a recording will advise any caller to the Settlement, toll free telephone number that the Opt Out /Objection Deadline has passed and other relevant information that details regarding the SettlementSettlement 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. A copy Xxxxx Fargo Auto shall provide proof of such compliance by filing a confirmation declaration with the proposed form of Class Notice is attached hereto as Exhibit C.Court at least fourteen (14) days prior to the Final Approval Hearing.

Notice Plan. Upon 8.1 Notice of the Settlement will be given to the Multi-State Settlement Subclass Members commencing within thirty (30) days of the entry of the Court’s Preliminary Approval OrderOrder (“Notice Date”), and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented by include: a) U.S. mail notice, substantially in the Claims Administrator. The Notice Plan shall provide for direct mail and e-mail dissemination of a Court-approved notice to any Person falling within the definition form of the Settlement Class (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on the Mailing Lists who fail to submit a claim. Eagle 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-mail addresses, to the Claims Administrator 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 terms of the 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 proposed form of Class Notice is attached hereto as Exhibit C.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. If any notices are returned as undeliverable, the Settlement Administrator will remail to any new address available through postal service information, for example, to the 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 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 can access copies of relevant case documents, including, for example, the Amended Complaint, Settlement 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 set forth in Section 7.5 above.

Notice Plan. Upon entry ‌ 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 the Settlement Claims Administrator. 2. Under the Notice Plan, upon Preliminary Approval Orderof this Settlement Agreement, and as the Court may direct therein, Class Counsel Settlement Claims Administrator shall cause the Class Long Form Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice 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 (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in the notice; and a claim submission reminder notice to be 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 Mailing Lists who fail notices attached as Exhibits C and D. The Class Notice is designed to submit a claimprovide clear and concise notice of the terms of this Settlement Agreement in plain, easily understood language. 3. Eagle will To allow the notice and claims administration processes to run smoothly, BA shall provide the contact information it has in its Navison database for homeowners who previously purchased SB-50 Solar Tiles and/or Properties Settlement Claims Administrator with SB-50 Solar Tiles installed, including the names, street addresses, and/or 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) 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 Settlement Claims Administrator has secured an appropriate URL, xxx.xxxxxxxxxxxxxxxxxxxxxxxx.xxx. The Settlement Website will contain the “Mailing Lists.” The forms of Class Notice shall advise the Settlement Class of the Fairness HearingPreliminary Approval Order, the terms of the SettlementClass Notice, and of their rights, including the right to opt-out, comment upon, or object to the Settlementthis Settlement Agreement, and other relevant information regarding the SettlementCourt 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 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 URL to BA. 6. The Settlement Claims Administrator will also establish a toll-free telephone number for Settlement Class Members to call and receive pre-recorded answers to 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 copy of the proposed form of Class Notice CAFA Notice, without the accompanying attachments, is attached hereto as Exhibit C.A. Within a reasonable time thereafter, BA shall file with the Court a certification of the date(s) on which the CAFA Notice was served. 8. BA shall 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.

Notice Plan. Upon entry 6.7.1 The Class Notice shall conform to all applicable requirements of the Preliminary Approval Ordergoverning rules of civil procedure and any other applicable law, and shall otherwise be 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 Class 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 Court may direct therein, Settlement Administrator the names and last-known addresses of all individuals who comprise the Settlement Class Counsel shall cause prior to Plaintiffs moving for preliminary approval of the Settlement. Because the information about Class Notice describing the Fairness Hearing and the settlement embodied herein to Members that will be provided to the Settlement ClassAdministrator 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 fifteen (15) days of the Preliminary Approval Date, the Settlement Administrator shall send all potential Settlement Class Members the 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 or a similar database. To the extent Xxxxx’s data does not contain a last known address for a Settlement Class Member, 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. 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 is 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 Plan shall be implemented deemed received by the Claims Administratorindividual once it is mailed for the second time. Nothing in this paragraph shall be construed to extend the Opt- Out Deadline for any Class Member. 6.7.8 The Notice Plan Settlement Administrator 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 (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of a settlement website with search engine optimization placement that will include downloadable notice and claim forms and online claim form submission capability; establish a toll-free telephone number specified in the notice; and a claim submission reminder notice to be disseminated that will provide settlement-related information to Settlement Class Members on the Mailing Lists who fail to submit a claim. Eagle 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-mail addresses, using an automated response system of IVR. 6.7.9 All costs and expenses related to the Claims Administrator within five (5) business days following entry toll-free telephone number shall be paid out 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 ListsSettlement Fund.” The forms of Class Notice shall advise the Settlement Class of the Fairness Hearing, the terms of the 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 proposed form of Class Notice is attached hereto as Exhibit C.

Notice Plan. Upon 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 Court may direct thereinSettlement Administrator shall re-mail the Notice to the forwarding address and, Class Counsel 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 describing the Fairness Hearing and the settlement embodied herein to be provided to Mailing Date, the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice Plan Administrator 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 (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of 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 number specified in phone support for all questions related to claims for settlement funds for a period of no less than thirty (30) days following the notice; and a claim submission reminder notice to be disseminated date that all checks mailed to Settlement Class Members on 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 Mailing Lists who fail Long Form Notice. It shall also provide Settlement Class Members with the ability to submit leave a claim. Eagle 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-mail addresses, message to request a return phone call. 3.6 Twenty days (20) prior to the Claims Deadline, the Settlement Administrator within five (5) business days following entry 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 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 date 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 mailing of the Fairness Hearing, the terms of the 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 proposed form of Class Notice is attached hereto as Exhibit C.Reminder Notice.

Notice Plan. Upon entry of the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be provided to the Settlement Class. The Notice Plan shall be implemented by the Claims Administrator. The Notice Plan shall provide for direct mail and e-mail dissemination of a Court-approved notice to any Person falling within the definition Within 21 days after receipt of the Settlement Class (including homeowners, electricians, contractorsList and Data, or builders who previously purchased Solar Tiles) as soon thereafter as possible, the Settlement Administrator shall mail the Notice Packet to the Settlement Class Members via first-class regular U.S. Mail and shall also send the notice via email to all Settlement Class Members for whom street addresses the Defendants, Class Counsel, or the Settlement Administrator have email addresses. The Settlement Administrator shall prepare documentation showing the 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 notices. 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 e-mail addresses are provided under 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; establishment . 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 search engine optimization placement that will include downloadable notice necessary Settlement information and claim forms and online claim form submission capability; a toll-free number specified in with pre-recorded frequently asked questions regarding the notice; 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 claim submission reminder notice to be disseminated to all Settlement Class Members on the Mailing Lists (other than those who fail to submit a claim. Eagle 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-mail addresses, to the Claims Administrator within five (5have opted out) business days following entry informing them 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 voiding of the Preliminary Approval Order. The lists provided by Eagle Settlement and Centex informing Settlement Class Members who filed claim forms that their claims forms shall be collectively referred treated as FLSA consent to as xxx forms in the “Mailing ListsVan Dusen litigation unless the Class Member chooses to withdraw the claim form.” The forms of Class Notice shall advise the Settlement Class of the Fairness Hearing, the terms of the 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 proposed form of Class Notice is attached hereto as Exhibit C.

Notice Plan. Upon 56. The Parties shall jointly recommend and retain Phoenix Class Action Administration Solutions, which has previously provided notice in this action, to be 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 Class via email for those 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 the name, any available email, and mailing address, (collectively, “Class Member Information”) of each Class Member. The Notice Date shall be no later than thirty (30) days after notice of entry of the Preliminary Approval Order, and as the Court may direct therein, Class Counsel shall cause the Class Notice describing the Fairness Hearing and the settlement embodied herein to be Order has been provided to the Settlement ClassAdministrator. 59. Prior to the Notice Date, the Settlement Administrator shall establish the 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 Notice Plan Settlement Website shall have a Claim Form that can be implemented by the Claims Administratorsubmitted online. The Notice Plan shall provide Settlement Website may also have a section for direct mail and frequently asked questions, as well as a portal for Class Members to submit questions via confidential e-mail dissemination of to Class Counsel for a Court-approved notice confidential response. Defendant shall have the right to any Person falling within the definition of the Settlement Class (including homeowners, electricians, contractors, or builders who previously purchased Solar Tiles) for whom street addresses and/or e-mail addresses are provided under this Agreement; establishment of a settlement website with search engine optimization placement that will include downloadable notice review and claim forms and online claim form submission capability; a toll-free number specified in the notice; and a claim submission reminder notice to be disseminated to Settlement Class Members on the Mailing Lists who fail to submit a claim. Eagle 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-mail addresses, consent to the Claims Administrator within five (5form 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) business days following entry of 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. 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 Prior to the Claims 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 Service’s National Change of Address System. Summary Notice will be mailed to the updated addresses. 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 by the United States Postal Service with a forwarding address, the Settlement Administrator shall mail the Summary Notice to the forwarding address. All re-mailings shall be performed within five (5) 3 business days following entry of the Preliminary Approval Orderreceipt of returned Summary Notices. The lists provided by Eagle deadlines for submitting claims, exclusion, and Centex objections shall not be extended due to re-mailing. 61. The Long-Form Notice shall be collectively referred in a form substantially similar to the document attached to this Agreement as the “Mailing Lists.” The forms of Class Notice Exhibit B”, and shall advise the Settlement Class Members of the Fairness Hearing, the terms of the Settlement, and of their rights, including the right to opt-out, comment upon, or object comport to the Settlement, and other relevant information regarding the Settlement. A copy of the proposed form of Class Notice is attached hereto as Exhibit C.following: