Common use of Notice Program Clause in Contracts

Notice Program. 4.1 Within ten (10) days of entry of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRx. 4.2 Class Notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 The Long Notice, Summary Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator in consultation and agreement with the Settling Parties as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 6.1 Within ten three (103) business days of an order directing Class Notice, Defendants will advance to the Settlement Administrator the costs of notice. 6.2 Within five (5) business days after entry of the Preliminary Approval Order, CaptureRx Defendants will provide the Claims Settlement Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will includean Excel spreadsheet that includes, to the extent available, the name name, email address, and physical mailing address of each Settlement Class Member, and if known, their respective email addressesMember as reflected in VWGoA’s and/or Audi’s business records. The Claims Settlement Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list costs of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxAdministration. 4.2 6.3 Within thirty (30) days of the Settlement Administrator’s receiving the Settlement Class Notice Member data from VWGoA and/or Audi described in Paragraph 6.2, notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving the The Settlement Class list from CaptureRx, the Claims Administrator shall send email the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not deliveredwho have valid email addresses. (b) Within seven (7) days after receiving The Settlement Administrator shall mail the Summary Notice to Settlement Class list from CaptureRx, the Claims Members who do not have valid email addresses. (c) The Settlement Administrator shall establish a dedicated settlement website. The Settlement Administrator shall post on the website that includes this Class Settlement Agreementcopies of the Summary Notice, the Long Notice, and the Claim Form approved by the Court. The Claims Settlement Administrator shall also post this Agreement, the Motion for Preliminary Approval of the Settlement, the Motion for Final Approval of the Settlement and the Motion for the Attorneys’ Fees and Expenses Award and Class Representative Awards. The Settlement Administrator shall maintain and update the website throughout the Claims Period. . (d) The Claims Settlement Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and shall make available a Service Award. A toll-free number with interactive voice response recognition, FAQs, and FAQs shall also be made available an option to speak to a live operator to address Settlement Class Members’ inquiries. . (e) The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Settlement Administrator shall terminate publish notice of the settlement website and transfer ownership of the URL to CaptureRxin an appropriate media outlet. 4.3 (f) The Settlement Administrator shall create an internet notice campaign and internet sponsored search listings. (g) The Settlement Administrator shall distribute the Reminder Notice(s) to Settlement Class Members as directed by proposed Class Counsel. 6.4 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 Court. The Long Notice, Summary Notice, and Claim Form approved by the Court may be adjusted by the Claims Settlement Administrator in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 approval. Prior to the Final Approval Hearing, Class Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Settlement Administrator demonstrating compliance with the Courtcourt-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 6.5 The Notice Program shall commence within thirty-seven (37) days after the date of entry of the Preliminary Approval Order or such other date set by the Court in and shall be completed within ninety-five (95) days of the Preliminary Approval Order, except as otherwise specifically provided above. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 6.1 Within ten (10) days of the filing of the Motion for Preliminary Approval, Convergent shall serve a letter and accompanying materials on the Attorney General of the United States and each state Attorneys General or others, all as required by the Class Action Fairness Act, 28 U.S.C. § 1715(b). Convergent shall cause to be filed with the Court, a declaration evidencing such service. The costs of this CAFA notice will be borne by Convergent separate and apart from the Settlement Fund. 6.2 Within ten (10) business days of the entry of the Preliminary Approval OrderOrder granting preliminary approval of the settlement, CaptureRx Convergent will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a deducted from the Settlement CostFund. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxConvergent. 4.2 6.3 Class Notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving 6.3.1 On or before the Settlement Class list from CaptureRxNotice Deadline, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class MembersMembers (the “Notice Deadline”). Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving 6.3.2 On or before the Settlement Class list from CaptureRxNotice Deadline, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court, and other relevant case-related documents. Settlement Class Counsel shall propose the format and content of the settlement website for approval by Defendant’s Counsel, which shall not be unreasonably withheld. The Claims Administrator shall maintain and update the website throughout the Claims PeriodPeriod as needed. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until at least thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 6.4 The Notice Program shall be subject to approval by the Court as meeting the requirements of due process and Rule 23(c) 23 of the Federal Rules of Civil Procedure. 4.4 6.5 The Long Notice, Summary Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator in consultation and agreement with the Settling Parties as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 6.6 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within 74. Except for costs incurred by 23andMe fulfilling its obligations as set forth in this section, the cost of notice to the Settlement Class in accordance with the Preliminary Approval Order, together with the Notice and Claims Administration Costs, shall be paid from the Qualified Settlement Fund. 75. Notice shall be provided to Settlement Class Members (i) via email using the same email list 23andMe used to notify its affected customers of the Security Incident, which 23andMe will update to include any additional Settlement Class Members or revised contact information as available and necessary, and provide to the Notice and Claims Administrator within 20 days of an order granting Preliminary Approval; (ii) to the extent email notice is undeliverable or an email address is unavailable, via direct mail notice to the mailing address 23andMe will provide to the Notice and Claims Administrator as set forth in this paragraph; (iii) by notice provided through 23andMe’s website and mobile application to the Settlement Class members upon logging into their accounts on the website or mobile application; and (iv) a media plan, consisting of an agreed-upon press release and search ads to drive traffic to the Settlement Website, to be implemented by the Notice and Claims Administrator. 76. The Notice and Claims Administrator, at the direction of 23andMe, will serve or cause to be served the notice required by the Class Action Fairness Act of 2005, 28 U.S.C. § 1715, not later than ten (10) days after this Agreement is filed with the Court, and confirm compliance with this provision in writing to Class Counsel, the cost of entry of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to be paid from the extent available, the name and physical mailing address of each Qualified Settlement Class Member, and if known, their respective email addressesFund. 77. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRx. 4.2 Class Notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 The Notice Program Plan shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedureconstitutional due process requirements. 4.4 78. The Notice and Claims Administrator shall establish a dedicated Settlement Website and shall maintain and update the website throughout the claim period, with the forms of Short Notice, Long Notice, Summary and Claim Form approved by the Court, as well as this Settlement Agreement, and other important case documents, including Plaintiffs’ Consolidated Complaint, Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement, Order Granting Preliminary Approval, and when filed, Plaintiffs’ Motion for Attorneys’ Fees, Litigation Expenses and Service Awards, Plaintiffs Motion for Final Approval of Class Action Settlement and any Orders thereon. Settlement Class Counsel shall propose the format and content of the Settlement Website for prior approval by 23andMe’s Counsel, which shall not be unreasonably withheld. The Settling Parties shall mutually select the URL for the Settlement Website. A toll-free help line shall be made available providing recorded responses to FAQs with the option to leave a voice mail message. The Notice and Claims Administrator shall address Settlement Class Members’ inquiries within a 21 reasonable time. The cost of such help line shall be paid from the Qualified Settlement Fund. The Notice and Claims Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. 79. Prior to the Final Approval Hearing, Class Counsel and 23andMe shall cause to be filed with the Court appropriate affidavits or declarations with respect to complying with the provisions of the Notice Plan. 23andMe will provide an affidavit or declaration to be filed with Plaintiffs’ Motion for Final Approval, confirming compliance with its obligations to post the Notice through its application and on its website. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice and Claims Administrator Administrator, respectively, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties approval. The Notice Program shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 completed within 60 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) days of entry of the Preliminary Approval Order, CaptureRx Xxxxx Xxxxx will provide the Claims Administrator with a list of Settlement Class Members in such Excel format as requested by the Claims Administrator which will includeincluding, to the extent available, the name and name, physical mailing address, and email address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement CostCosts. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxXxxxx Xxxxx. 4.2 Class Notice shall be provided to the Settlement Class as follows: (a) Within fourteen forty-five (1445) days after receiving entry of the Settlement Class list from CaptureRxPreliminary Approval Order, the Claims Administrator shall send the Summary Notice on a postcard via mail, by First Class U.S. Mail, postage pre-paidpre- paid (to the extent mailing addresses are available), and email (to the extent email addresses are available) the Summary Notice to Settlement Class Members. Within twenty (20) days after sending such mailmail and email, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving By the time the Claims Administrator first mails and emails the Summary Notice to Settlement Class list from CaptureRxMembers, the Claims Administrator shall establish a dedicated settlement website website, that includes this Class Settlement Agreement, the Long Notice, the Summary Notice and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response response, FAQs, and FAQs an option to speak to a live operator shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRxXxxxx Xxxxx. (c) At least twenty-one (21) days before the Claims Deadline, the Claims Administrator shall send a second email of the Summary Notice to Settlement Class Members with a valid email address. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of the United States Constitution as well as Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 The Long Notice, Summary Notice, Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator Administrator, respectively, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 4.1. Within ten (10) days of entry the filing of the Motion for Preliminary Approval, Defendants shall provide notice to state Attorneys General or others as required by 28 U.S.C. § 1715(b). 4.2. Within sixty (60) days of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance accordance with the notice plan set forth in Exhibit D in order to comply with all applicable laws, including, but not limited to, to the Due Process clause Clause of the United States Constitution and Federal Rule of Civil Procedure Fed. R. Civ. P. 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list Costs of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxAdministration. 4.2 Class 4.3. Notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall establish include a dedicated settlement website that includes this Class established by the Settlement AgreementAdministrator (the “Settlement Website”). 4.3.1. Within 60 days after the Preliminary Approval Order, the Long Notice, Settlement Administrator shall establish the dedicated Settlement Website and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator Settlement Website will also post on include the settlement website copies of the motion for final approval of the Class Settlement AgreementPress Release, Long Notice, and Claim Form approved by the motion for an Attorneys’ Fees Court, as well as this Settlement Agreement and Expenses Award and a Service Awardimportant documents from the litigation such as the operative complaint. A toll-free number with interactive voice response and FAQs help line shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Settlement Administrator shall terminate the settlement website and transfer ownership also will provide copies of the URL to CaptureRxPress Release, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. 4.3 4.3.2. Within 60 days after the Preliminary Approval Order, the Press Release, as set forth in Exhibit B, shall be issued by the Settlement Administrator through PR Newswire as well as any other forms of publication notice pursuant to the notice plan set forth in Exhibit D. 4.4. The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedureconstitutional due process requirements. 4.4 4.5. The Long Notice, Summary NoticePress Release, and Claim Form approved by the Court may be adjusted in non-material ways by the Claims Administrator Settlement Administrator, solely in consultation with and by agreement with of the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Courtapproval. 4.5 4.6. Prior to the Final Approval Hearing, Class Counsel for the Settling Parties shall cause to be filed with the Court an appropriate affidavit or declaration from the Claims Settlement Administrator demonstrating compliance with respect to complying with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing 4.7. The Notice Program shall be deemed to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked commence no later than 75 60 days after following entry by the date Court of entry of the a Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Orderform attached hereto as Exhibit E, or an order substantially similar to such form. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall 4.8. Defendants will provide the Settling Parties with a complete and final list of all Opt-Outs who declaration stating that Defendants do not have timely and validly excluded themselves from information that would allow direct notice via email or postal mail to the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval HearingClass. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) days of The Long Notice, Summary Notice, Direct Mail Notice, and Claim Form shall be reviewed by the Settlement Administrator and may be revised as agreed upon by the Parties prior to submission to the Court for preliminary approval. Upon entry of the Preliminary Approval OrderOrder and the commencement of the Notice Program, CaptureRx will provide the Claims Administrator and in order to comply with a list of Settlement Class Members in such format as requested by the Claims Administrator which will includeall applicable laws, including, but not limited to the extent availableDue Process clause of the United States Constitution and Pennsylvania Rules of Civil Procedure 1712 and 1714(c), the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order ¶¶ 4.1-4.4 of this Settlement Agreement and consistent with the Notice Program as described below, and in compliance with all applicable laws, including, but not limited toProgram, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs cost of which shall be a Settlement Cost. The Claims Administrator must maintain included in the list Costs of Settlement Class Members in strict confidence and may not share Administration. Upon the list with anyone other than CaptureRx. 4.2 Class commencement of the Notice shall be provided to the Settlement Class as followsProgram: 4.1.1 The Settlement Administrator shall (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which whom address information is available the Claims Administrator receives returned mail from the Direct Mail Notice via U.S. Postal Service indicating that the initial mailing was not delivered. mail; and (b) Within seven (7) days after receiving commence providing media/publication notice as set forth in the Notice Program. 4.1.2 The Settlement Class list from CaptureRx, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on , with the settlement website copies of Summary Notice, Long Notice, and Claim Form approved by the motion for final approval of the Class Court, as well as this Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs help line shall also be made available to address Settlement Class Members’ inquiries. The Settlement Administrator also will provide copies of the Long Notice and Claim Form approved by the Court to Settlement Class Members upon request. Moreover, the settlement website shall not include any advertising make available a copy of the Claim Form that may be printed, filled out, and returned to the Settlement Administrator by mail at a designated mailing address that shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate be provided on the settlement website and transfer ownership of the URL to CaptureRxwebsite. 4.3 4.2 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedureconstitutional due process requirements. 4.4 4.3 The Long Notice, Summary Notice, Direct Mail Notice, and Claim Form approved by the Court may be adjusted by the Claims Settlement Administrator in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved approval. 4.4 The Notice Program shall be deemed to commence 45 days following entry by the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail of a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Orderform attached hereto as Exhibit E, or an order substantially similar to such form. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) days of 4.1. Upon entry of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall as provided below and in the Preliminary Approval Order cause notice of the Settlement Agreement to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and ¶¶ 4.1 through 4.6 of this Settlement Agreement (the “Notice Program”). The Notice Program as described below, and in compliance is intended to comply with all applicable laws, including, including but not limited to, to the Due Process clause Clause of the United States Constitution and Federal Rule of Civil Procedure FED. R. CIV. P. 23, and be effectuated pursuant with respect to the provisions set forth dissemination of notice of the Settlement Agreement to the Class. The costs of the Notice Program shall be Costs of Settlement Administration. 4.2. Notice of the Settlement Agreement shall, as provided below, be provided to Class Members via the costs Publication Notice, via notice on a dedicated settlement website, and by means of which the Direct Notice. 4.2.1. Within forty-five (45) days after entry of the Preliminary Approval Order, the Publication Notice shall be a Settlement Cost. The Claims Administrator must maintain the list of Settlement published to Class Members in strict confidence and may not share accordance with the list with anyone other than CaptureRxPublication Plan. 4.2 Class 4.2.2. In order to ensure that the settlement website is “live” at the time the Publication Notice commences, within forty (40) days after entry of the Preliminary Approval Order, Aveanna shall make the settlement website to be established by the Settlement Administrator pursuant to ¶ 4.2.4 accessible through posting a “Settlement Notice” link on xxx.xxxxxxx.xxx. Such link shall be so posted, and such settlement website shall remain so accessible, for the entire Claims Period. 4.2.3. Within forty-five (45) days after entry of the Preliminary Approval Order, the Direct Notice shall be provided mailed by the Settlement Administrator to those Class Members for whom Xxxxxxx has mailing address information in its possession, which Aveanna shall provide to the Settlement Class Administrator. The “Direct Notice” shall consist of the Long Notice and the Claim Form. For any Direct Notices that are returned as follows:undeliverable with forwarding address information, the Settlement Administrator shall re-mail the Direct Notice to the updated address as indicated. For any Direct Notices that are returned as undeliverable without forwarding address information, the Settlement Administrator shall use reasonable efforts to identify updated mailing addresses (such as running the mailing address through the National Change of Address Database) and re-mail the Direct Notice to the extent updated mailing addresses are identified. The Settlement Administrator need only make one attempt to re-mail any Direct Notices that are returned as undeliverable. 4.2.4. Within forty-five (a) Within fourteen (1445) days after receiving entry of the Preliminary Approval Order, the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on Such website shall include links to the settlement website copies of Publication Notice, the motion for final approval of Long Notice, the Class Claim Form, and this Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs help line shall also be made available by the Settlement Administrator to enable the Settlement Administrator to address Settlement Class Members’ inquiriesinquiries regarding the settlement contemplated by the Settlement Agreement. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Settlement Administrator shall terminate the settlement website and transfer ownership also will upon request provide Class Members with copies of the URL to CaptureRxPublication Notice, the Long Notice, the Claim Form, and/or this Settlement Agreement. 4.3 4.3. The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedureconstitutional due process requirements. 4.4 4.4. The Long Notice, Summary the Publication Notice, and the Claim Form approved by the Court may be adjusted by the Claims Administrator Settlement Administrator, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Court’s approval of these items in the Preliminary Approval Order. 4.5 4.5. Prior to the Final Approval Hearingfinal approval hearing, Class Counsel for the Settling Parties and Xxxxxxx’s Counsel shall cause to be filed with the Court an appropriate affidavit or declaration from the Claims Settlement Administrator demonstrating establishing compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 6.1 Within ten three (103) business days of an order directing Class Notice, Defendant will advance to the Settlement Administrator the costs of notice. 6.2 Within five (5) business days after entry of the Preliminary Approval Order, CaptureRx Defendant will provide the Claims Settlement Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will includean Excel spreadsheet that includes, to the extent available, the name name, email address, and physical mailing address of each Settlement Class Member, and if known, their respective email addressesMember as reflected Defendant’s business records. The Claims Settlement Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23herein, and be effectuated pursuant to the provisions set forth belowherein, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list costs of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxAdministration. 4.2 6.3 Within twenty (20) days of the Settlement Administrator’s receiving the Settlement Class Notice Member data described in Paragraph 6.2, notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving the The Settlement Class list from CaptureRx, the Claims Administrator shall send email the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not deliveredwho have known valid email addresses. (b) Within seven The Settlement Administrator shall mail the Summary Notice via First Class U.S. mail to all Settlement Class Members, including those for whom they are provided valid email addresses. Before mailing the Summary Notice, the Settlement Administrator shall conduct a NCOA search. The Settlement Administrator shall also make reasonable efforts to find updated addresses for any Summary Notice returned as undeliverable, and remail the Summary Notice within ten (710) days after receiving of receipt of the notification of undeliverability. The response deadlines shall be extended by 14 days for Settlement Class list from CaptureRx, the Claims Members sent a re-mailed Summary Notice. (c) The Settlement Administrator shall establish a dedicated settlement Settlement Website. The Settlement Administrator shall post on the website that includes this Class Settlement Agreement, copies of the Summary Notice and Long Notice, and the Claim Form Notice approved by the Court. The Claims Settlement Administrator shall also post this Agreement, the Motion for Preliminary Approval of the Settlement, the Motion for Final Approval of the Settlement, the Motion for the Attorneys’ Fees and Expenses Award and Class Representative Awards, and the Final Approval Order and Judgment. The Settlement Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies administration of the motion Settlement. (d) The Settlement Website will provide an option for final approval of Settlement Class Members to use their unique codes to upload objections to the Class Settlement Agreement, and the motion or to upload their requests for an Attorneys’ Fees and Expenses Award and exclusion. (e) The Settlement Administrator shall make available a Service Award. A toll-free number with interactive voice response recognition, FAQs, and FAQs shall also be made available an option to speak to a live operator to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 6.4 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 Court. The Long Notice, and Summary Notice, and Claim Form Notice approved by the Court may be adjusted by the Claims Settlement Administrator in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 approval, however no such adjustments may be implemented without Court permission. Prior to the Final Approval Hearing, Class Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Settlement Administrator demonstrating compliance with the Courtcourt-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from 6.5 The Notice Program shall commence within twenty-seven (27) days of the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Classcompleted as set forth therein.

Notice Program. 4.1 Within ten (10) days of 7.01 Upon entry of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and Article V of this Settlement Agreement (the “Notice Program as described belowProgram”), and in compliance order to comply with all applicable laws, including, but not limited to, to the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure FED. R. CIV. P. 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list Costs of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxAdministration. 4.2 Class 7.02 Notice shall be provided to the Settlement Class as follows:Members via a national print publication, an internet banner ad campaign, notice on a dedicated Settlement Website, and an email to Defendant’s customers in the Flav-R-Hood loyalty program. a. No later than thirty (a) Within fourteen (1430) days after receiving the Preliminary Approval Date, Defendant shall cause to be published notice of this Agreement in a national print magazine of Defendant’s choosing and Plaintiffs’ approval, which shall include the URL of the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty Website. b. No later than thirty (2030) days after sending such mailthe Preliminary Approval Date, the Claims Settlement Administrator shall undertake reasonable efforts commence notice of this Agreement via an internet banner ad campaign on Facebook and/or other social media and news media platforms, including a direct hyperlink to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not deliveredWebsite. c. No later than thirty (b) Within seven (730) days after receiving the Preliminary Approval Date, the Settlement Class list from CaptureRx, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, Website and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period, with the Publication Notice (Exhibit B), Long Notice (Exhibit C), and Claim Form (Exhibit D) approved by the Court, as well as this Agreement. The Claims Administrator will also post Claim Form on the settlement website copies of Settlement Website shall make available to Claimants a dropdown menu to select the motion for final approval of Affected Restaurant at which they made a credit or debit card purchase during the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service AwardData Breach Incident when submitting their Claim Form electronically. A toll-free number with interactive voice response and FAQs help line shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising Settlement Administrator also will provide copies of the forms of the Publication Notice, Long Notice, and shall remain operational until Claim Form approved by the Court, as well as this Agreement, upon request. The Settlement Administrator also will provide Spanish- language versions of the Publication Notice and Long Notice on the Settlement Website. d. No later than thirty (30) days following after the Effective Preliminary Approval Date, at which time the Claims Settlement Administrator shall terminate cause to be emailed notice of this Agreement to Defendant’s customers in the settlement website Flav-R-Hood loyalty program, including a direct hyperlink to the Settlement Website, as set forth in Exhibit F. Defendant shall provide the name and transfer ownership email address of each Flav-R-Hood loyalty member to the URL to CaptureRxSettlement Administrator within fourteen (14) days after the Preliminary Approval Date. 4.3 7.03 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedureconstitutional due process requirements. 4.4 7.04 The Long Publication Notice, Summary Notice, Long Notice and Claim Form approved by the Court may be adjusted by the Claims Administrator Settlement Administrator, respectively, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Courtapproval. 4.5 7.05 Prior to the Final Approval Hearing, Class Counsel for the Settling Parties and Checkers’ counsel shall cause to be filed with the Court an appropriate affidavit or declaration from the Claims Settlement Administrator demonstrating compliance with respect to complying with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing 7.06 The Notice Program shall be deemed to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated commence thirty (30) days following entry by the Claims Administrator. 5.2 To be effective, Court of a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Orderform attached hereto as Exhibit A, or an order substantially similar to such form. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) days of 4.1. Upon entry of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and ¶¶ 4.1 to 4.6 of this Settlement Agreement (the “Notice Program as described belowProgram”), and in compliance order to comply with all applicable laws, including, but not limited to, to the Due Process clause Clause of the United States Constitution and Federal Rule of Civil Procedure FED. R. CIV. P. 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list Costs of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxAdministration. 4.2 Class 4.2. Notice shall be provided to Class Members via publication notice and notice on a dedicated settlement website. 4.2.1. Within 45 days after the Preliminary Approval Order, Publication Notice, as set forth in Exhibit B, shall be provided to Class Members in accordance with the Publication Plan set forth in Exhibit D. 4.2.2. Within 45 days after the Preliminary Approval Order, Xxxx’s shall post a link to the settlement website accessible through the “Payment Card Notice” link on xxx.Xxxxx.xxx for the entire Claims Period. 4.2.3. Within 45 days after the Preliminary Approval Order, the Settlement Class as follows: (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRx, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on , with the settlement website copies of Publication Notice, Long Notice, and Claim Form approved by the motion for final approval of the Class Court, as well as this Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs help line shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Settlement Administrator shall terminate the settlement website and transfer ownership also will provide copies of the URL to CaptureRxforms of Publication Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. 4.3 4.3. The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedureconstitutional due process requirements. 4.4 4.4. The Long Notice, Summary Publication Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator Settlement Administrator, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Courtapproval. 4.5 4.5. Prior to the Final Approval Hearingfinal approval hearing, Lead Counsel for the Settling Parties and Xxxx’s counsel shall cause to be filed with the Court an appropriate affidavit or declaration from the Claims Settlement Administrator demonstrating compliance with respect to complying with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing 4.6. The Notice Program shall be deemed to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated commence 45 days following entry by the Claims Administrator. 5.2 To be effective, Court of a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Orderform attached hereto as Exhibit E, or an order substantially similar to such form. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) No later than 10 business days of after entry of the Preliminary Approval Order, CaptureRx Defendants will provide the Claims Administrator with a list of Settlement Class Members Member list in such Excel format as requested by the Claims Administrator which will includethat includes, to the extent reasonably available, the name name, email addresses, telephone numbers, and physical mailing address of each Settlement Class Member, and if known, their respective email addressesMember as reflected in Defendants’ business records. The Claims Administrator shall cause notice Class Notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The costs of Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxAdministration. 4.2 Class Notice shall be provided to the Settlement Class by the Claims Administrator as follows: (a) 4.2.1. Within fourteen (14) 14 days after of receiving the Settlement Class list Member data from CaptureRxDefendants, the Claims Administrator shall email the Summary Notice to Settlement Class Members for whom it has a valid email address. Within 11 days of emailing the Summary Notice to Settlement Class Members, the Claims Administrator shall send the Summary Postcard Notice on a postcard via First Class U.S. Mail, postage pre-pre- paid, to Settlement Class MembersMembers whose email Summary Notice could not be delivered. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for For any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice within 11 days after receiving such returned mail. No later than 30 days prior to the end of the Claims Period, the Claims Administrator shall send a reminder postcard to Settlement Class Members who have not yet filed a claim via email and First Class U.S. Mail. (b) 4.2.2. Within seven (7) 7 days after of receiving the Settlement Class list Member data from CaptureRxDefendant, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, the Summary Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, settlement and the motion for an Attorneys’ Fees and Expenses Award and a Service AwardAwards. A toll-free number with interactive voice response response, FAQs, and FAQs an option to speak to a live operator shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 The Long Notice, Summary Notice, Postcard Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator Administrator, respectively, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is necessary and not inconsistent with such approval and does not materially alter the language approved by the Courtapproval. 4.5 Prior to the Final Approval Hearing, Counsel counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) business days following the filing of the motion for preliminary approval of class action settlement, the Settlement Administrator, on behalf of the Defendant, shall cause a CAFA Notice to be served upon the appropriate State and Federal officials. All expenses incurred in connection with the preparation and service of the CAFA Notice shall be borne by Defendant from the Settlement Fund, and under no circumstances will be borne by Plaintiffs or Class Counsel. 4.2 Within ten (10) calendar days of entry of the Preliminary Approval Order, CaptureRx Crystal Bay will provide the Claims Administrator with a list of Settlement Class Members Crystal Bay has been able to identify in such format as requested by the Claims Administrator which will include, to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members by direct U.S. mail, pursuant to the Preliminary Approval Order and the Notice Program Program, as described belowin Paragraph 4 herein, and in compliance with all applicable laws, laws including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23Constitution, and to be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list of Settlement Class Members provided by Crystal Bay pursuant to this Paragraph 4.2 in strict confidence and may not share the list with anyone other than CaptureRxCrystal Bay. 4.2 4.3 Class Notice shall be provided to the Settlement Class as follows: (a) Within fourteen thirty (1430) days after receiving the list of Settlement Class list Members from CaptureRxCrystal Bay, the Claims Administrator shall send the Summary Notice on a as follows: (i) The Claims Administrator will send the Summary Notice (in postcard via First Class form) by first-class U.S. Mailmail, postage preprepaid; (ii) For any Short Notice (in postcard form) that has been mailed via first-paid, to Settlement Class Members. Within twenty class U.S. mail and returned by the U.S. Postal Service (20“U.S.P.S.”) days after sending such mailas undeliverable, the Claims Administrator shall undertake reasonable efforts re- mail the notice to confirm the forwarding address, and to resend noticeif any, for any Settlement Class Members for which provided by the U.S.P.S. on the face of the returned mail; (iii) Neither the Settling Parties nor the Claims Administrator receives returned shall have any other obligation to re-mail from individual notices that have been mailed as provided in this Paragraph 4.2; and (iv) In the event the Claims Administrator transmits a Short Notice via first-class U.S. Postal Service indicating that mail, then the initial Claims Administrator shall perform any further investigations deemed appropriate by the Claims Administrator, including using the National Change of Address (“NCOA”) database maintained by the U.S.P.S., in an attempt to identify current mailing was not deliveredaddresses for individuals whose names are provided by Xxxxxxx Xxx, so long as the costs of such efforts are proportionate with the amount of the estimated payments to such individuals. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRx, the The Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Noticecomplaint filed in the Litigation, and the Claim Form Long Notice approved by the Court. The Claims Administrator shall maintain and update the settlement website throughout the Claims Perioduntil all payments have been made to Settlement Class Members pursuant to Paragraph 2, above. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service AwardIncentive Awards and other relevant filings. A toll-free number with interactive voice response and FAQs shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational from the Notice Date until thirty one-hundred eighty (30180) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil ProcedureCrystal Bay. 4.4 The Short Notice and Long NoticeNotice shall be finalized by the Settling Parties no less than seven (7) days before they are sent to the Settlement Class Members. Plaintiffs shall prepare these documents, Summary Noticesubject to Crystal Bay’s approval, leaving sufficient time for back-and-forth for review and Claim Form edits. 4.5 The Short Notice or Long Notice approved by the Court may be adjusted by the Claims Administrator in consultation and agreement with the Settling Parties as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 4.6 Prior to the Final Approval Hearing, Counsel counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) days of entry of the Preliminary Approval Order, CaptureRx iCanvas will provide the Claims Administrator with a list of Settlement Class Members in such Excel format as requested by the Claims Administrator which will includeincluding, to the extent available, the name and name, physical mailing address and email address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement CostCosts. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxiCanvas. 4.2 Class Notice shall be provided to the Settlement Class as follows: (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRxiCanvas, the Claims Administrator shall email the Summary Notice to Settlement Class Members. Within eleven (11) days of emailing the Summary Notice to Settlement Class Members, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class MembersMembers whose email notice could not be delivered. Within twenty (20) days after sending such mail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRxiCanvas, the Claims Administrator shall establish a dedicated settlement website website, xxx.xXxxxxxXxxxxxxxXxxxxxxxxx.xxx, that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response response, FAQs, and FAQs an option to speak to a live operator shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRxiCanvas. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 The Long Notice, Summary Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator Administrator, respectively, in consultation and agreement with the Settling Parties Parties, as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within Jerome’s shall prepare a list of Settlement Class Members and details of their purchases of the Products, mailing addresses, email addresses and phone numbers, to the extent available (the “Class Member List”), and provide it to the Claims Administrator within ten (10) days after the entry of the Preliminary Approval Order. After receiving the Class Member List, the Claims Administrator shall obtain updates, if any, to the mailing addresses contained therein using the National Change of Address database maintained by the United States Postal Service. (“USPS”). The Claims Administrator will also use any commercially reasonable methods to test the validity of the email addresses provided for the Settlement Class Members in the Class Member List. 4.2 Within thirty (30) days after the Court’s entry of the Preliminary Approval Order, CaptureRx will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, shall mail and email to the extent available, the name and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Member the Notice substantially in the form attached hereto as Exhibit B. Neither Jerome’s nor the Settlement Administrator shall cause notice have any obligation to be disseminated mail or email the Notice to the any Settlement Class Members pursuant to Member for whom no mailing address was identified through the Preliminary Approval Order and the Notice Program as described below, and in compliance with all applicable laws, including, but not limited to, the Due Process clause of the United States Constitution and Federal Rule of Civil Procedure 23, and be effectuated pursuant to the provisions process set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRxSection 4.1 above. 4.2 Class 4.3 If any Notice shall be provided to the Settlement Class sent under Section 4.1 is returned by USPS as follows: (a) Within fourteen (14) days after receiving the Settlement Class list from CaptureRxundeliverable, the Claims Administrator shall send re-mail the Summary Notice to the forwarding address, if any, provided by USPS on the face of the returned mail. In the case of a postcard via First Class U.S. Mail, postage pre-paid, to Settlement Class Members. Within twenty (20) days after sending such mailNotice returned without a forwarding address, the Claims Administrator shall undertake reasonable efforts to confirm the address, and to resend notice, conduct a skip-trace search for any Settlement Class Members further update to the address for which purposes of re-mailing, but otherwise no further action will be necessary by the Claims Administrator receives returned mail from the U.S. Postal Service indicating that the initial mailing was not delivered. (b) Within seven (7) days after receiving the Settlement Class list from CaptureRxAdministrator. Other than as set forth above, the Claims Administrator shall establish have no other obligation to re-mail the Notice unless requested by a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, and the Claim Form approved by the Court. The Claims Administrator shall maintain and update the website throughout the Claims Period. The Claims Administrator will also post on the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until Member. 4.4 Within thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 The Long Notice, Summary Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator in consultation and agreement with the Settling Parties as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by after the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of ’s entry of the Preliminary Approval Order or such other date set by Order, Jerome’s shall prominently post a link to the Court in Settlement Website on the Preliminary Approval Order. 5.3 Within 7 days after top of its home page xxxxx://xxx.xxxxxxx.xxx/, and will keep the Opt-Out Deadline, link on the home page until the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval HearingDeadline. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Class

Notice Program. 4.1 Within ten (10) days of the filing of the Motion for Preliminary Approval or such earlier time as this Class Settlement Agreement is filed with the Court, the Claims Administrator shall serve a letter and accompanying materials to be provided by Defendant’s Counsel on the Attorney General of the United States and each state Attorneys General or others, all as required by the Class Action Fairness Act, 28 U.S.C. § 1715(b). The Claims Administrator shall provide and Defendant shall cause to be filed with the Court a declaration evidencing such service. 4.2 Within fifteen days of entry of the Preliminary Approval Order, CaptureRx Heirloom will provide the Claims Administrator with a list of Settlement Class Members in such format as requested by the Claims Administrator which will include, to the extent available, the name name, email address, and physical mailing address of each Settlement Class Member, and if known, their respective email addresses. The Claims Administrator shall cause notice to be disseminated to the Settlement Class Members pursuant to the Preliminary Approval Order and the Notice Program as described below, below and in compliance with all applicable laws, including, but not limited to, including the Due Process clause clauses of the United States Constitution and Federal Rule Rules of Civil Procedure 23, Rule 23 and be effectuated pursuant to the provisions set forth below, the costs of which shall be a Settlement Cost. The Claims Administrator must maintain the list of Settlement Class Members in strict confidence and may not share the list with anyone other than CaptureRx.may 4.2 4.3 Class Notice shall be provided to the Settlement Class as follows: (a) 4.3.1 Within fourteen (14) days after receiving the Settlement Class list from CaptureRxHeirloom, the Claims Administrator shall send the Summary Notice on a postcard via First Class U.S. Mail, postage pre-paid, email to Settlement Class MembersMembers (the “Notice Deadline”). Within twenty (20) 20 days after sending such mailemail, the Claims Administrator shall undertake reasonable efforts to confirm the address, and resend notice to resend notice, for any Settlement Class Members for which the Claims Administrator receives returned mail from a bounce-back notice. For those Settlement Class Members where an email bounce-back notice is received, the Claims Administrator shall send notice via First Class U.S. Postal Service indicating that the initial mailing was not deliveredMail. (b) 4.3.2 Within seven (7) days after receiving the Settlement Class list from CaptureRxHeirloom, the Claims Administrator shall establish a dedicated settlement website that includes this Class Settlement Agreement, the Long Notice, Notice and the Claim Form approved by the Court. The Claims Administrator Settlement Class Counsel shall maintain propose the format and update the website throughout the Claims Period. The Claims Administrator will also post on content of the settlement website copies of the motion for final approval of the Class Settlement Agreement, and the motion for an Attorneys’ Fees and Expenses Award and a Service Award. A toll-free number with interactive voice response and FAQs shall also be made available to address Settlement Class Members’ inquiries. The settlement website shall not include any advertising and shall remain operational until thirty (30) days following the Effective Date, at which time the Claims Administrator shall terminate the settlement website and transfer ownership of the URL to CaptureRx. 4.3 The Notice Program shall be subject to approval by the Court as meeting the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. 4.4 The Long Notice, Summary Notice, and Claim Form approved by the Court may be adjusted by the Claims Administrator in consultation and agreement with the Settling Parties as may be reasonable and necessary, so long as it is not inconsistent with such approval and does not materially alter the language approved by the Court. 4.5 Prior to the Final Approval Hearing, Counsel for the Settling Parties shall cause to be filed with the Court an appropriate declaration from the Claims Administrator demonstrating compliance with the Court-approved Notice Program. 5.1 Each Settlement Class Member wishing to exclude themselves from the Settlement Class must individually sign and timely mail a written Request for Exclusion to the address designated by the Claims Administrator. 5.2 To be effective, a Request for Exclusion must be postmarked no later than 75 days after the date of entry of the Preliminary Approval Order or such other date set by the Court in the Preliminary Approval Order. 5.3 Within 7 days after the Opt-Out Deadline, the Claims Administrator shall provide the Settling Parties with a complete and final list of all Opt-Outs who have timely and validly excluded themselves from the Settlement Class and, upon request, copies of all completed Requests for Exclusions. Settlement Class Counsel may file these materials with the Court, with any Personal Information other than names and cities and states of residence redacted, no later than 7 days prior to the Final Approval Hearing. 5.4 All persons who Opt-Out from the Settlement Class shall not receive any benefits of or be bound by the terms of this Class Settlement Agreement. All persons falling within the definition of the Settlement Class who do not Opt-Out shall be bound by the terms of this Classby