Common use of Notice to Settlement Class Members Clause in Contracts

Notice to Settlement Class Members. 4.1. Subject to the requirements of any orders entered by the Court, no later than thirty calendar days after the Preliminary Approval Date, the Settlement Administrator shall mail a Class Notice by first-class mail to the addresses on the Notice List. The Parties agree and understand that if more time is needed to prepare the Notice List and mail Class Notice, they will agree on another date for mailing the Class Notice, unless otherwise ordered by the Court. 4.2. The mailing of a Class Notice to a person or entity that is not in the Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4. The Settlement Administrator will run an update of the last known addresses provided by Defendant through the National Change of Address database before initially mailing the Class Notice. If a Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will endeavor to: (i) re-mail any Class Notice so returned with a forwarding address; and (ii) make reasonable efforts to attempt to find an address for any returned Class Notice that does not include a forwarding address. The Settlement Administrator will endeavor to re-mail the Class Notice to every person and entity in the Notice List for which it obtains an updated address. If any Settlement Class Member is known to be deceased, the Class Notice will be addressed to the deceased Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].” 4.5. The Settlement Administrator will establish, maintain, and update a Class Website to provide relevant information regarding the Settlement to Settlement Class Members. 4.6. After Preliminary Approval of the Settlement, the Settlement Administration Expenses may be paid from the Settlement Fund on a nonrefundable basis, up to the sum of $1,000,000.

Notice to Settlement Class Members. 4.1. Subject to the requirements of any orders entered by the Court, no 7.4.1 No later than thirty calendar three (3) business days after receipt of the Preliminary Approval DateClass Data, the Settlement Administrator shall mail a notify Class Notice by Counsel that the list has been received and state the number of Settlement Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than fourteen (14) days after receiving the Class Data, the Administrator will send to all Settlement Class Members identified in the Class Data, via first-class mail to the addresses on the Notice List. The Parties agree and understand that if more time is needed to prepare the Notice List and mail Class NoticeUnited States Postal Service (“USPS”) mail, they will agree on another date for mailing the Class Notice, unless otherwise ordered by with Spanish translation, substantially in the Court. 4.2. form attached to this Agreement as Exhibit A. The mailing first page of a the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and Individual PAGA Payment payable to a person or entity that is not in the Settlement Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall not render such person or entity a part of the update Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4. The Settlement Administrator will run an update of the last known Member addresses provided by Defendant through using the National Change of Address database before initially mailing database. 7.4.3 Not later than five (5) business days after the Class Notice. If a Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will endeavor to: (i) re-mail Administrator’s receipt of any Class Notice so returned with by the USPS as undelivered, the Administrator shall re- mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address; , the Administrator shall conduct a Settlement Class Member Address Search, and (ii) make reasonable efforts to attempt to find an address for any returned Class Notice that does not include a forwarding address. The Settlement Administrator will endeavor to re-mail the Class Notice to every person the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Settlement Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Settlement Class Members’ written objections, Challenges to Workweeks and/or PAGA Pay Periods, and entity Requests for Exclusion will be extended an additional fourteen (14) days beyond the sixty (60) days otherwise provided in the Class Notice List for which it obtains an updated addressall Settlement Class Members whose notice is re-mailed. If any The Administrator will inform the Settlement Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Flowserve or Class Counsel is known to be deceasedcontacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Class Notice Parties will be addressed to the deceased Settlement Class Member’s last known address expeditiously meet and “To the Estate of [the deceased Settlement Class Member].” 4.5. The Settlement Administrator will establish, maintainconfer in person or by telephone, and update a Class Website in good faith. in an effort to provide relevant information regarding the Settlement agree on whether to include them as Settlement Class Members. 4.6. After Preliminary Approval of If the SettlementParties agree, the such persons will be Settlement Administration Expenses may be paid from the Settlement Fund on a nonrefundable basis, up Class Members entitled to the sum same rights as other Settlement Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than fourteen (14) days after receipt of $1,000,000Class Notice, or the deadline dates in the Class Notice, which ever are later.

Notice to Settlement Class Members. 4.163. Subject Within fourteen (14) calendar days of Preliminary Approval, Chase will provide the Administrator with a “Settlement Class List” containing the following information for each Settlement Class Member, which is provided solely for the purpose of providing the Class Notices to Settlement Class Members and allowing them to recover under this Settlement and shall be kept strictly confidential between the requirements of any orders entered Administrator and the Parties: a. Name; b. Last known e-mail address (if available); and c. Last known mailing address; d. Unique identifying numbers for each account. 64. By the Notice Deadline (forty-five (45) calendar days after Preliminary Approval) or by the time specified by the Court, no later than thirty calendar days after the Preliminary Approval Date, the Settlement Administrator shall mail a send the Class Notice by first-class mail to the addresses on Notices through the Notice List. The Parties agree and understand that if more time Program described below, or in such other form as is needed to prepare the Notice List and mail Class Notice, they will agree on another date for mailing the Class Notice, unless otherwise ordered approved by the Court. 4.2a. The Administrator shall email the Short Form Notice attached hereto as Exhibit C to all Settlement Class Members for whom there is a valid email address on the Settlement Class List. b. The Administrator shall mail the Short Form Notice, attached hereto as Exhibit C, to all Settlement Class Members. The Exhibit C shall be mailed after the Administrator cross-references and updates mailing of a Class Notice to a person or entity that is not addresses provided in the Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4. The Settlement Administrator will run an update of the last known addresses provided by Defendant through with the National Change of Address database before initially mailing Database, and other commercially reasonable means, to obtain any updated address information for Settlement Class Members. In the Class Notice. If event a Class mailed Short Form Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will endeavor to: (i) re-mail any Class Notice so returned with a forwarding address; and (ii) make use reasonable efforts to obtain an updated mailing address, and if one is located, attempt to find an a second mailing of the Short Form Notice and update their address for any returned on the Settlement Class Notice that does not include a forwarding addressList. 65. The Settlement Administrator will endeavor to re-mail the Class Notice to every person and entity in Notices provided under the Notice List for which it obtains an updated Program shall not bear or include any Chase logo or trademarks or Chase’s return address, or otherwise be styled to appear to originate from Chase. 66. If any Within seven (7) calendar days of the date the Administrator completes the Notice Program, the Administrator shall provide Settlement Class Member is known to be deceasedCounsel and Chase an affidavit confirming the completion of the Notice Program. Settlement Class Counsel shall file that affidavit with the Court as an exhibit to, or in conjunction with, the Class motion for a Final Approval Order. 67. All costs of the Notice will Program shall be addressed deducted from the Cash Settlement Amount. 68. Further specific details of the Notice Program shall be subject to the deceased agreement of Settlement Class Member’s last known address Counsel and “To the Estate of [the deceased Settlement Class Member]Chase.” 4.5. The Settlement Administrator will establish, maintain, and update a Class Website to provide relevant information regarding the Settlement to Settlement Class Members. 4.6. After Preliminary Approval of the Settlement, the Settlement Administration Expenses may be paid from the Settlement Fund on a nonrefundable basis, up to the sum of $1,000,000.

Notice to Settlement Class Members. 4.140. Subject The Parties agree the following Notice Program provides reasonable notice to the requirements Settlement Class. 41. Direct Notice shall be provided to Settlement Class Members via U.S. Mail for Settlement Class Members for whom the Settlement Administrator has a valid address. Additional Notice may also be provided pursuant to and in accordance with Paragraph 28. 42. Within fifteen (15) Days of any orders entered by the Court, no later than thirty calendar days after entry of the Preliminary Approval Order, Defendant shall provide the Settlement Administrator with the names and last addresses known to Defendant for the Settlement Class Members who can be identified from patient records, including but not limited to patient portal records (the “Class List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses. 43. Within forty-five (45) Days following entry of the Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall mail a Class Notice by first-class mail to the addresses on the Notice List. The Parties agree and understand that if more time is needed to prepare the Notice List and mail Class Notice, they will agree on another date for mailing the Class Notice, unless otherwise ordered by the Court. 4.2. The mailing of a Class Postcard Notice to a person or entity that is not in the all Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered Members by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4first class United States mail. The Settlement Administrator will run an update of the last known addresses provided by Defendant through the National Change of Address database before initially mailing the shall mail a Claim Form to Settlement Class NoticeMembers upon written or telephonic request. 44. If a Class any Short-Form Notice is returned to by the Settlement Administrator Postal Service as undeliverable, the Settlement Administrator will endeavor to: (i) shall re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any other obligation to re-mail Notices. 45. The mailed notice will consist of the Short-Form (Postcard) Notice substantially in the form of Exhibit C. The Settlement Administrator shall have discretion to format this Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice is commenced, Class Notice so returned Counsel and Defendant’s Counsel shall first be provided with a forwarding address; proof copy (including what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and the Court’s orders. 46. No later than forty-five (ii45) make reasonable efforts Days following entry of the Preliminary Approval Order, the Settlement Administrator will effectuate any Additional Notice necessitated pursuant to attempt Paragraph 28. 47. No later than forty-five (45) Days following entry of the Preliminary Approval Order, and prior to find an address for any returned the mailing of the Postcard Notice to all Settlement Class Notice that does not include Members, the Settlement Administrator will create a forwarding addressdedicated Settlement Website. The Settlement Administrator will endeavor shall cause the CAC, Postcard Notice, Long-Form Notice, Claim Form, Objection Form, Exclusion Form, this Settlement Agreement, and other relevant Settlement and court documents to rebe available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties, which approval shall not be unreasonably withheld, by Class Counsel and Defendant’s Counsel. The website address and the fact that a more detailed Long-mail Form Notice and a Claim Form, Exclusion Form, and Objection Form are available through the Class Notice to every person and entity Settlement Website shall be included in the Postcard Notice. 48. Claimants shall be able to submit their claims via the Settlement Website. 49. The Settlement Website shall be maintained from the Notice List for which it obtains an updated addressDate until sixty (60) Days after the Claims Deadline has passed. 50. If any Settlement Class Member is known to Claim Forms shall be deceased, the Class Notice will be addressed returned or submitted to the deceased Settlement Administrator online or via U.S. mail, postmarked by the Claims Deadline set by the Court, or be forever barred unless such claim is otherwise approved by the Court at the Final Approval Hearing, for good cause shown as demonstrated by the applicable Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].” 4.5. The Settlement Administrator will establish, maintain, and update a Class Website to provide relevant information regarding the Settlement to Settlement Class Members. 4.651. After Preliminary Prior to the Final Approval of the SettlementHearing, the Settlement Administration Expenses may be paid Administrator shall provide to Class Counsel to file with the Court, an appropriate affidavit or declaration from the Settlement Fund on a nonrefundable basis, up to Administrator concerning compliance with the sum of $1,000,000Court-approved Notice Program.

Notice to Settlement Class Members. 4.1. Subject After the Superior Court enters its order granting Preliminary Approval of the Settlement, every Settlement Class Member will be provided with the Class Notice Packet (which will include the Class Notice completed to reflect the requirements of any orders entered by the Court, no later than thirty calendar order granting a. Within 20 days after the Superior Court enters its order granting Preliminary Approval Dateof the Settlement, AA Meat Products will provide to the Settlement Administrator an electronic database containing for each Settlement Class Member, his or her name, last known mailing address and telephone number, Social Security number, dates of employment, and any Prior Settlement Payments (the “Settlement Class Members’ Data”). If any or all of the Settlement Class Members’ Data is unavailable to AA Meat Products, AA Meat Products will so inform Class Counsel and will make best efforts to reconstruct the Settlement Class Members’ Data prior to when it must be submitted to the Settlement Administrator. If the Parties are unable to agree, the dispute will be resolved pursuant to the dispute-resolution procedure set forth in Paragraph III(F)(4). This information will otherwise remain confidential and will not be disclosed to anyone, except as required to applicable taxing authorities, in order to carry out the reasonable efforts described in Paragraph III(F)(2)(c), or pursuant to AA Meat Products’ express written authorization or by order of the Superior Court. b. Within 15 days after receiving the Settlement Class Members’ Data, or as soon thereafter as it is able to do, the Settlement Administrator shall will mail the Class Notice Packets to all identified Settlement Class Members via first-class U.S. mail using the mailing address information provided by AA Meat Products, unless modified by any updated address information that the Settlement Administrator obtains in the course of administration of the Settlement. c. If a Class Notice by first-class mail to Packet is returned because of an incorrect address, the addresses on Settlement Administrator will promptly, and not later than 15 days from receipt of the Notice List. The Parties agree and understand that if returned packet, search for a more time is needed to prepare the Notice List and mail Class Notice, they will agree on another date current address for mailing the Class Notice, unless otherwise ordered by the Court. 4.2. The mailing of a Class Notice to a person or entity that is not in the Settlement Class shall not render such person or entity a part of Member and re-mail the Class Notice Packet to the Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4Member. The Settlement Administrator will run an update of the last known addresses provided by Defendant through the National Change of Address database before initially mailing the Class Notice. If a Class Notice is returned to use the Settlement Administrator as undeliverable, the Settlement Administrator will endeavor to: (i) re-mail any Class Notice so returned Members’ Data and otherwise work with a forwarding address; Defendant’s Counsel and (ii) make reasonable efforts to attempt Class Counsel to find an address for any returned Class Notice that does not include a forwarding more current address. The Settlement Administrator will endeavor be responsible for taking reasonable steps, consistent with its agreed-upon job parameters, court orders, and fee, to re-mail trace the Class Notice to every person and entity in the Notice List for which it obtains an updated address. If mailing address of any Settlement Class Member for whom a Class Notice Packet is known returned by the U.S. Postal Service as undeliverable. These reasonable steps shall include, at a minimum, the tracking of all undelivered mail; performing address searches for all mail returned without a forwarding address, including the use of skip traces; and promptly re-mailing to be deceased, Settlement Class Members for whom new addresses are found. If the Class Notice will be addressed to Packet is re-mailed, the deceased Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].” 4.5. The Settlement Administrator will establish, maintain, note for its own records and update notify Class Counsel and Defendant’s Counsel of the date and address of each such re- mailing as part of a weekly status report provided to the Parties. d. In the event the procedures outlined immediately above are followed and the intended recipient of a Class Website to provide relevant information regarding Notice Packet still does not receive the Class Notice Packet, the intended recipient shall remain a Settlement Class Member and shall be bound by all terms of the Settlement to and any final judgment entered by the Court if the Settlement Class Membersis approved by the Court. 4.6. After Preliminary e. Not later than 21 court days prior to the Final Approval of the SettlementHearing, the Settlement Administration Expenses may Administrator will provide the Parties with a declaration of due diligence setting forth its compliance with its obligations under this Agreement, which shall be paid from filed with the Court. Prior to the Final Approval Hearing, the Settlement Fund on a nonrefundable basis, up to Administrator will supplement its declaration of due diligence if any material changes occur following the sum date of $1,000,000the filing of its prior declaration.

Notice to Settlement Class Members. 4.141. Subject The Parties agree the following Notice Program provides reasonable notice to the requirements of any orders entered Settlement Class. 42. Direct Notice shall be provided to other Settlement Class Members by First Class U.S. Mail for Settlement Class Members for whom the Settlement Administrator has a valid address. Additional Notice may be provided via publication as described in Paragraph 30, to the extent such notice is deemed appropriate by the Court, no later than thirty calendar days after Settlement Administrator in consultation with the Parties in order to provide the best notice practicable under the circumstances. 43. Within seven (7) Days of the entry of the Preliminary Approval Order, NorthStar shall provide the Settlement Administrator and Class Counsel with the names and last-known addresses known to NorthStar for the Settlement Class Members (the “Class List”). The Settlement Administrator shall, by using the National Change of Address database maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses. 44. Within thirty-seven business (37) Days following entry of the Preliminary Approval Order (“Notice Date”), the Settlement Administrator shall mail a the Postcard Notice and Claim Form to all Settlement Class Notice Members by first-first class mail to the addresses on the Notice ListUnited States mail. The Parties agree and understand that if more time is needed to prepare the Notice List and mail Class Notice, they will agree on another date for mailing the Class Notice, unless otherwise ordered It has been mutually agreed by the Court. 4.2. The mailing of a Class Notice to a person or entity Parties that is not in the Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class may rely upon Postcard Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4. The Settlement Administrator will run an update of the last known addresses provided by Defendant through the National Change of Address database before initially mailing the Class Notice45. If a Class any Short-Form Notice is returned to by the Settlement Administrator Postal Service as undeliverable, the Settlement Administrator will endeavor to: (i) shall re-mail the Postcard Notice to the forwarding address, if any, provided by the Postal Service on the face of the returned mail. Other than as set forth above, neither the Parties nor the Settlement Administrator shall have any other obligation to re-mail Notices. 46. The mailed notice will consist of the Postcard Notice substantially in the form of Exhibit C and the Claim Form in the form of Exhibit A. The Settlement Administrator shall have discretion to format this Postcard Notice in a reasonable manner to minimize mailing and administrative costs. Before the mailing of the Postcard Notice is commenced, Class Notice so returned Counsel and NorthStar’s Counsel shall first be provided with a forwarding address; proof copy (including what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and the Court’s orders. 47. No later than thirty-five (ii35) make reasonable efforts Days following entry of the Preliminary Approval Order, the Settlement Administrator shall effectuate any publication notice made pursuant to attempt Paragraph 30. 48. No later than thirty-five (35) Days following entry of the Preliminary Approval Order, and prior to find an address for any returned the mailing of the Postcard Notice and Claim Form to all Settlement Class Notice that does not include Members, the Settlement Administrator will create a forwarding addressdedicated Settlement Website. The Settlement Administrator will endeavor shall cause the CAC, Postcard Notice, Long-Form Notice, Claim Form, this Settlement Agreement, and other relevant settlement and court documents to rebe available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by counsel for the Parties, which approval shall not be unreasonably withheld. The website address and the fact that a more detailed Long-mail Form Notice and a Claim Form are available through the Class Notice to every person and entity website shall be included in the Postcard Notice. 49. Claimants shall be able to submit their claims online via the Settlement Website. 50. The Settlement Website shall be maintained from the Notice List for which it obtains an updated addressDate until one hundred and twenty (120) Days after the Effective Date has passed. 51. If any Settlement Class Member is known to Claim Forms shall be deceased, the Class Notice will be addressed returned or submitted to the deceased Settlement Administrator online or via U.S. mail, postmarked by the Claims Deadline set by the Court, or be forever barred unless such claim is otherwise approved by the Court at the Final Approval Hearing, for good cause shown as demonstrated by the applicable Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].” 4.5. The Settlement Administrator will establish, maintain, and update a Class Website to provide relevant information regarding the Settlement to Settlement Class Members. 4.652. After Preliminary Prior to the Final Approval of the SettlementHearing, the Settlement Administration Expenses may be paid Administrator shall provide to Class Counsel to file with the Court, an appropriate affidavit or declaration from the Settlement Fund on a nonrefundable basis, up to Administrator respecting compliance with the sum of $1,000,000Court-approved Notice Program.

Notice to Settlement Class Members. 4.1. Subject to the requirements of any orders entered by the Court, no later than thirty calendar days after the Preliminary Approval Date, the Settlement Administrator shall mail a Class Notice by first-class mail to the addresses on the Notice List. 6.1 The Parties agree and understand that if more time is needed to prepare the following Notice List and mail Class Notice, they will agree on another date for mailing the Class Notice, unless otherwise ordered by the Court. 4.2. The mailing of a Class Notice to a person or entity that is not in the Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business days after Preliminary Approval. The Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments Program provides reasonable notice to the Settlement Class. 4.46.2 Notice shall be provided to Settlement Class Members via: (1) direct notice to the extent direct notice information is available; (2) notice on the Settlement Website; and (3) a social media campaign to the extent Settlement Class Counsel determines such a campaign is reasonable in light of any associated costs. 6.3 Within fourteen (14) days of the entry of the Preliminary Approval Order and engagement of a Settlement Administrator, SOA shall provide the Settlement Administrator with the names and mailing addresses of the Settlement Class Members whose mailing addresses are known to SOA. The Settlement Administrator will run an update of the last known addresses provided shall, by Defendant through using the National Change of Address (“NCOA”) database before initially maintained by the United States Postal Service (“Postal Service”), obtain updates, if any, to the mailing addresses. 6.4 Within thirty (30) Days of the entry of the Preliminary Approval Order (the “Notice Deadline”), the Settlement Administrator shall send the Notice in Exhibit A to all Settlement Class Notice. Members whose addresses are known to SOA by first-class U.S. mail. 6.5 If a Class any Notice is returned to by the Settlement Administrator Postal Service as undeliverable, the Settlement Administrator will endeavor to: (i) re-mail any Class shall remail the Notice so to the forwarding address, if any, provided by the Postal Service on the face of the returned with mail. Where the undeliverable Notice is returned without a forwarding address; and (ii) , the Settlement Administrator shall make reasonable efforts to attempt ascertain the correct address of the Settlement Class Member whose Notice was returned undeliverable and remail the Notice. Other than as set forth in the preceding sentence, neither the Parties nor the Settlement Administrator shall have any obligation to find an address remail a Notice to a Settlement Class Member. 6.6 The Notice mailed to Settlement Class Members will consist of a Short Form Notice in a form substantially similar to that attached hereto as Exhibit A. The Settlement Administrator shall have discretion to format the Short Form Notice in a reasonable manner to minimize mailing and administrative costs. Before Notices are mailed, Settlement Class Counsel and SOA Counsel shall first be provided with a proof copy (reflecting what the items will look like in their final form) and shall have the right to inspect the same for compliance with the Settlement Agreement and any returned orders of the Court. 6.7 No later than thirty (30) Days following entry of the Preliminary Approval Order and engagement of a Settlement Administrator, and prior to the mailing of the Notice to Settlement Class Notice that does not include Members, the Settlement Administrator will create a forwarding addressdedicated Settlement Website. The Settlement Administrator will endeavor shall cause the Complaint, the Short Form Notice, the Long Form Notice (substantially similar to re-mail that attached hereto as Exhibit B, as approved by the Court), the Claim Form (in a form substantially similar to that attached hereto as Exhibit C, as approved by the Court), the motion for preliminary approval of the settlement, and motion for attorneys’ fees, costs, expenses, and service awards, as well as this Settlement Agreement, to be made available on the Settlement Website. Any other content proposed to be included or displayed on the Settlement Website shall be approved in advance by Settlement Class Counsel and SOA Counsel, which approval shall not be unreasonably withheld. The Settlement Website address and the fact that the Long Form Notice to every person and entity a Claim Form are available through the Settlement Website shall be included in the Notice List for which it obtains an updated address. If any Settlement Class Member is known to be deceased, the Class Notice will be addressed to the deceased Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].” 4.5. The Settlement Administrator will establish, maintain, and update a Class Website to provide relevant information regarding the Settlement mailed to Settlement Class Members. 4.6. After Preliminary 6.8 The Settlement Website shall be maintained and updated until thirty (30) Days after the Claim Deadline has passed. 6.9 Claim Forms shall be returned or submitted to the Settlement Administrator via U.S. mail or submitted through the Settlement Website by the Claim Deadline set by the Court or be forever barred. 6.10 Prior to the Final Approval of Hearing in the SettlementLawsuit, the Settlement Administration Expenses may be paid Administrator shall provide to Settlement Class Counsel and SOA Counsel to file with the Court an appropriate affidavit or declaration from the Settlement Administrator with respect to its compliance with the Court-approved Notice Program. 6.11 The Settlement Fund on a nonrefundable basis, up shall pay the entirety of the costs of Claims Administration and the costs of providing notice to the sum of $1,000,000Settlement Class in accordance with the Preliminary Approval Order.

Notice to Settlement Class Members. 4.1. Subject to the requirements of any orders entered by the Court, and no later than thirty calendar 45 days after the Preliminary Approval DateDate or the date the Court approves the Class Notice plan, whichever is later, the Settlement Administrator shall will mail a Class Notice by first-class mail to the addresses on the Notice List. The Parties agree and understand that if If more time is needed to prepare the Notice List and mail Class Notice, they the Parties will agree on another date for mailing the Class Notice, unless otherwise ordered by the Court. 4.2. The mailing of a Class Notice to a person or entity that is not in the Settlement Class shall not render such person or entity a part of the Settlement Class or otherwise entitle such person to participate in this the Settlement. 4.3. Defendant will deliver the Notice List to the Settlement Administrator within five business 14 days after following the Preliminary ApprovalApproval Date. The This Notice List shall be designated Confidential Information. The Parties agree and understand that if more time is needed to prepare the Notice List, they will agree on another date for delivering the Notice List to the Settlement Administrator, unless otherwise ordered by the Court. Defendant further agrees to provide all other data reasonably necessary for Class Counsel to effectuate the distribution of Class Notice, the allocation of the Net Settlement Fund, and payments to the Settlement Class. 4.4. The Settlement Administrator will run an update of the last known addresses provided by Defendant through the National Change of Address database before initially mailing the Class Notice. If a Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will endeavor to: will: (i) re-mail any Class Notice so returned with a forwarding address; , and (ii) make reasonable efforts to attempt attempts to find an address for any returned Class Notice that does not include a forwarding address. The Settlement Administrator will endeavor to re-mail the Class Notice to every person and entity in the Notice List for which it obtains an updated address. If any Settlement Class Member is known to be deceased, the Class Notice will be addressed to the deceased Settlement Class Member’s last known address and “To the Estate of [the deceased Settlement Class Member].” 4.5. Within seven days after the Notice Date, the Settlement Administrator shall provide Class Counsel and USAA Life’s counsel with one or more declarations confirming that notice was completed in accordance with the Parties’ instructions and the Court’s approval. Class Counsel shall file such declaration(s) with the Court as an exhibit to or in conjunction with the motion for final approval of the Settlement. 4.6. The Settlement Administrator will establish, maintain, and update a Class Settlement Website to provide relevant information regarding the Settlement to Settlement Class Members, including links to important documents relating to the Settlement. 4.64.7. After Preliminary Approval The Agreement may be amended by a written instrument signed by or on behalf of all Parties or their respective successors-in-interest, as provided in Paragraph 11.13. Unless otherwise ordered by the SettlementCourt, notice of any such amendment will be provided to Settlement Class Members through the Settlement Administration Expenses may be paid from the Settlement Fund on a nonrefundable basis, up to the sum of $1,000,000Website.