Common use of Notice to Settlement Class Clause in Contracts

Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows: A. Within 10 calendar days after entry of an order preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the members of the Settlement Class that Defendant is able to provide, including the dates of employment and the number of workweeks worked during the Class Period. For the small number of instances where Defendant does not have such information, it will provide in good faith as much of the information it is able to reasonably provide. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any Notice Packets returned to the Claims Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom the date of re-mailing, or until the Response Deadline has expired, whicheveris later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of this adjusted deadline.

Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows: A. Within 10 thirty (30) calendar days after entry of the Court signs an order preliminarily approving this SettlementSettlement Agreement, Defendant will provide the Claims Settlement Administrator with a class database of the namesname, last known addressesaddress, last known telephone numbersphone number, social security number, dates of employment, and social security numbers (in electronic format) of the members of the relevant workweek information, for each Settlement Class that Defendant is able to provide, including the dates of employment Member and the number of workweeks worked PAGA Aggrieved Employee during the Class Period and PAGA Period. For Absent mutual written agreement of counsel for the small number of instances where Parties or Court order, the Settlement Administrator will keep this class database confidential and use it only for the purposes described herein, and will return this database to Defendant does not have such information, it will provide in good faith as much upon final approval of the information it is able to reasonably provideSettlement. B. Within 7 calendar ten (10) business days from receipt of this informationthe class database, the Claims Settlement Administrator shall shall: (i) run the names of all Settlement Class Members once per Settlement Class Member through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, ; (ii) update the addresses address of any Settlement Class Member for whom an updated address was found through the NCOA search, ; (iii) perform a Spanish translation of calculate the Notice Packet, estimated Individual Settlement Payment for each Settlement Class Member; and (iv) mail the English and Spanish translation of the a Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. The Settlement Administrator will also mail a follow-up post card to individuals who have not cashed their Individual Settlement Payments no later than sixty (60) calendar days prior to the check cashing deadline. C. Any Notice Packets returned to the Claims Settlement Administrator as undelivered non-delivered on or before the Response Deadline (as defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 Settlement Administra five (5) business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Settlement Administrator shall resend the Notice Packet to the Settlement Class Member promptlyimmediately, and in any event within 3 five (5) business days of obtaining the updated address. The address identified by the Settlement Administrator as the current mailing address shall be presumed to be the best mailing address for each Settlement Class Member. Settlement Class Members to whom Notice Packets are re-sent mailed after having been returned as undeliverable to the Claims Settlement Administrator shall have 14 an additional fourteen (14) calendar daysfrom the date of re-mailing, or until days after the Response Deadline has expiredto opt-out, whicheveris later, to mail a Request for Exclusion, objectionobject, or disputedispute their estimated Individual Settlement Payment. Notice Packets thatare that are re-sent mailed shall inform the recipient of this adjusted deadline.

Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows: A. Within 10 calendar days after entry of an order preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the members of the Settlement Class that Defendant is able to provideClass, including the dates of employment and the number of workweeks worked during the Class Period. For the small number of instances where Defendant does not have such information, it will provide in good faith as much of the information it is able to reasonably provide. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any Notice Packets returned to the Claims Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom days from the date of re-mailing, or until the Response Deadline has expired, whicheveris whichever is later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare that are re-sent shall inform the recipient of this adjusted deadline.

Notice to Settlement Class. Following preliminary approvalA. Class counsels or their designated representative will provide Postcard and Email notice to the last known postal and electronic mail address of each Subclass member, if known, as well as Notice by Publication to the Settlement Class shall be notified as follows: A. Within 10 calendar Subclass of the proposed settlement within thirty (30) days after entry of an order preliminarily approving this Settlementthe Preliminary Approval Order. Additionally, Defendant class counsels or their designated representative will provide First Class Mail Notice and a Claim Form to all Subclass Members who submit a written request for same as soon as practicable following receipt of such request. The Forms of Notice shall be jointly submitted by the Claims Administrator Parties to the Court for approval contemporaneously with the namespresentation of the proposed Preliminary Approval Order. The Email, last known addresses, last known telephone numbersFirst Class Mail and Publication Notice shall be in the form attached hereto as Exhibit “A”, and social security numbers shall: (1) describe the relevant claims in electronic formatthis Action; (2) define the Subclass and its divisions A-1 and A-2 certified by this Court for settlement purposes; (3) explain the benefits inuring to Subclass Members under this Agreement; (4) contain a Claim Form, to be returned under the procedure set forth hereinafter; (5) inform Subclass Members that, if they submit a Claim Form, a reputable independent firm operating under the direction of the members Court and acting as the Settlement Administrator will determine the amount of benefits due that Subclass Member; (6) provide a right of exclusion or opt out as provided in Paragraph 3(C). (7) inform Subclass Members of the Settlement Class that Defendant is able to providedate, including the dates of employment time and the number of workweeks worked during the Class Period. For the small number of instances where Defendant does not have such information, it will provide in good faith as much location of the information it Fairness Hearing and of their right to object to the settlement; (8) inform Subclass Members that, in the event any Subclass Member wishes to object to this settlement, a written objection to the settlement must be postmarked within forty-five (45) days of the date the original Postcard Notice is able to reasonably providemailed; (9) inform Subclass members that they are discharging parties and nonparties and indemnifying and holding harmless PCI and others against claims of certain third parties. B. Within 7 calendar The Postcard notice referred to above shall provide a short form summary of the settlement terms, the Subclass members affected thereby, the right to opt out and object, and internet and postal addresses at which Subclass members may obtain the Settlement Agreement, Notice, and Claim Form. The Postcard Notice shall be in substantially the form annexed hereto as Exhibit “B.” The cost of sending Notice to Subclass Members, as described above, will be the responsibility of class counsels. Class counsels shall have the right to apply to the Court for reimbursement of reasonable administrative expenses. Class counsels shall file written verification with the Court that notice as described herein has been sent to Subclass Members. In addition to the forms of Notice as described in Paragraph A above, and for Subclass Members whose current postal or electronic mail address is unknown to PCI, and/or for whom the Notice is returned without a forwarding address, class counsels or their designated representative shall cause the Notice, Settlement Agreement, and Verified Claim Form to be published on the Internet for a period of forty-five (45) days beginning from receipt the date that Postcard and Email notice are sent. (1) Opt-Out. The Notice referred to above, except for Postcard Notice, shall (and Postcard Notice may) inform Subclass Members of their right to opt out or exclude themselves from the Settlement. Any settlement Subclass Member who desires to be excluded must do so by submitting a letter or postcard postmarked within forty-five (45) days of the date when the original Postcard notice is mailed. The letter or postcard should include the name and number of this informationaction, the Claims Administrator shall (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailingXxxxx et al. C. Any Notice Packets returned to the Claims Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom the date of re-mailing, or until the Response Deadline has expired, whicheveris later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of this adjusted deadline.

Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows: A. Within 10 ten (10) calendar days after entry of an order preliminarily approving this Settlement, Defendant will provide the Claims Settlement Administrator with the names, last known addresses, last known telephone numbers, and social security numbers numbers, dates of employment, and workweek and pay period information (in electronic format) of the members of the Settlement Class that Defendant is able to provide), including the dates of employment and the number of workweeks worked during the Class Period. For the small Period and number of instances where Defendant does not have such informationpay periods worked during the PAGA Period, it will provide in good faith as much of the information it is able to reasonably providemembers of the Settlement Class and PAGA Group. B. Within 7 calendar ten (10) business days from receipt of this information, the Claims Settlement Administrator shall shall: (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, ; (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, ; and (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Class Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any Notice Packets Class Notices returned to the Claims Settlement Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to Settlement obtain an updated mailing address within 5 five (5) business days of receiving the returned Notice PacketClass Notice. If an updated mailing address is identified, the Claims Settlement Administrator shall resend the Class Notice Packet to the Settlement Class Member promptly, and in any event within 3 three (3) business days of obtaining the updated address. Settlement Class Members to whom Notice Packets Class Notes are re-sent after having been returned as undeliverable to the Claims Settlement Administrator shall have 14 calendar daysfrom the date of re-mailing, or until the Response Deadline has expired, whicheveris later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of this adjusted deadline.fourteen

Notice to Settlement Class. Following preliminary approval65. As soon as practicable after Preliminary Approval of the Settlement, at the direction of Class Counsel and Defendant’s Counsel, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court. The Notice shall include, among other information: a description of the material terms of the Settlement; a deadline by which Accountholders in the Settlement Class shall be notified as follows: A. Within 10 calendar days after entry may opt-out of an order preliminarily approving this Settlementthe Settlement Class; a deadline by which Settlement Class Members may object to the Settlement and/or the Application for Attorneys’ Fees, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbersCosts, and social security numbers (Service Award; the Final Approval Hearing, location, date, and time; and the Settlement Website address at which Accountholders in electronic format) the Settlement Class may access this Agreement and other related documents and information. Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the members Notice Program shall not bear or include the Defendant’s logo or trademarks or the return address of Defendant, or otherwise be styled to appear to originate from Defendant. The Long Form Notice will be translated to Spanish language and a Spanish language notation will be made on the Postcard Notice and Email Notice regarding the available translated Long Form Notice. 66. The Long Form Notice also shall include a procedure for Accountholders in the Settlement Class to opt-out of the Settlement Class at any time during the Opt-Out Period, provided the opt-out notice is postmarked no later than the last day of the Opt-Out Period. Requests to opt-out of the Settlement must be sent by U.S. Mail or private courier (e.g., Federal Express) to the Settlement Administrator. The opt-out request must be personally signed by the Accountholder in the Settlement Class and contain the name, last four digits of the account number(s) or former account number(s), postal address, email address (if any), telephone number, a brief statement identifying membership in the Settlement Class, and a statement that Defendant is able indicates a desire to providebe excluded from the Settlement Class. A member of the Settlement Class may opt out on an individual and personal basis only; so-called “mass” or “class” opt-outs shall not be allowed. Any Accountholder in the Settlement Class who does not timely and validly request to opt out shall be bound by the terms of this Agreement. If an Account has more than one Accountholder, including and if one Accountholder opts-out himself or herself from the dates Settlement Class, then all Accountholders on that Account shall be deemed to have opted-out of employment the Settlement with respect to that Account, and no Accountholder shall be entitled to a payment under the Settlement. 67. The Long Form Notice also shall include a procedure for Settlement Class Members to make a written objection to the Settlement and/or to the Application for Attorneys’ Fees, Costs, and Service Award, which must be submitted no later than the last day of the Objection Period, as specified in the Notice. The objection must be filed or mailed to the Clerk of the Court and mailed to the Settlement Administrator. If submitted by mail, a written objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 68. For an objection to be considered by the Court, the objection must also set forth: a. the name of the Action; b. the objector’s full name, address, email address (if any), and telephone number; c. all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; d. the number of workweeks worked during times the Class Period. For objector has objected to a class action settlement within the small five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case; e. the identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement or Application for Attorneys’ Fees, Costs, and Service Award; f. the number of instances where times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date that of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years; g. any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity; h. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing; i. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection; j. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and k. the objector’s signature (an attorney’s signature is not sufficient). Class Counsel and/or Capital One may conduct limited discovery on any objector consistent with the Federal Rules of Civil Procedure including taking a deposition. 69. Notice shall be provided to Accountholders in the Settlement Class in three different ways: (a) Email Notice to Accountholders for whom Defendant has email addresses if the Accountholder has agreed to receive electronic communications from Defendant; (b) Postcard Notice to those Accountholders for whom Defendant does not have such informationemail addresses, it for Accountholders who have not agreed to receive electronic communications from Defendant, or for which the Email Notice is returned undeliverable; and (c) Long Form Notice with greater detail than the Email Notice and Postcard Notice, which shall be available on the Settlement Website and/or via mail upon request by an Accountholder in the Settlement Class. Not all Accountholders in the Settlement Class will provide in good faith receive all three forms of Notice, as much of the information it is able to reasonably providedetailed herein. B. Within 7 calendar days from receipt of this information70. The Email Notice, Postcard Notice, and Long Form Notice shall be in forms approved by the Court, and substantially similar to the notice forms attached hereto as Exhibits 1 and 2. The Parties may by mutual written consent make non-substantive changes to the Notices without Court approval. 71. Once the Settlement Administrator has the Settlement Class List, the Claims Settlement Administrator shall (i) send out Email Notice to all Accountholders in the Settlement Class receiving Notice by that method. For those Accountholders in the Settlement Class for whom Defendant does not have email addresses, for those Accountholders who have not agreed to receive electronic communications from Defendant or for whom the Email Notice is returned undeliverable, the Settlement Administrator shall run the names of all Settlement Class Members physical addresses provided by Defendant through the National Change of Address (“NCOA”) database Database and shall mail to determine any updated addresses for all such Accountholders in the Settlement Class MembersPostcard Notice. The initial Mailed Postcard and Email Notice shall be referred to as “Initial Mailed Notice.” 72. The Settlement Administrator shall perform reasonable address traces for initial Mailed Notice postcards that are returned as undeliverable. By way of example, (ii) update the a reasonable tracing procedure would be to run addresses of any returned postcards through the Lexis/Nexis database that can be utilized for such purpose. No later than 60 days before the original date set for the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Postcard Notice to those Accountholders in the Settlement Class Member whose new addresses were identified as of that time through address traces. The Settlement Administrator shall also send Postcard Notice to all Accountholders in the Settlement Class whose emails were returned as undeliverable and complete such Notice pursuant to the deadlines described herein as they relate to the Notice re-mailing process. 73. The Notice Program shall be completed no later than 60 days before the original date set for whom an updated address the Final Approval Hearing. 74. The Settlement Administrator shall maintain a database showing mail and email addresses to which each Notice was found through sent and any Notices that were not delivered by mail and/or email. In addition to weekly updates to the NCOA search, (iii) perform a Spanish translation Parties regarding the progress of the Notice PacketProgram and the declaration by the Settlement Administrator in advance of the Final Approval Hearing and in support of the Motion for Final Approval, and (iv) mail the English and Spanish translation a summary report of the Notice Packet Program shall be provided to the Parties three days prior to the Final Approval Hearing. The database maintained by the Settlement Administrator regarding the Notices shall be available to the Court upon request. It shall otherwise be confidential and shall not be disclosed to any third party as it contains bank account information for each Accountholder in the Settlement Class Member at his or her last known address or at Class. Protecting bank account information is in the updated address found through best interest of the NCOA search, and retain proof of mailingSettlement Class. C. Any Notice Packets returned 75. Costs related to the Claims Administrator as undelivered on or before the Response Deadline (defined below) Notice Program shall be re-mailed paid by Defendant. Residual Funds, if any, shall be paid first to the forwarding address affixed thereto. If no forwarding address is providedDefendant to reimburse it for these costs, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, and as indicated in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom the date of re-mailing, or until the Response Deadline has expired, whicheveris later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of this adjusted deadlineSection XI.

Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows: A. Within 10 calendar a. No later than 30 days after entry of an order preliminarily approving the Preliminary Approval Order (unless otherwise specifically modified by the Parties or ordered by the Court), Anthem shall cause, at its sole expense, a third party settlement administrator agreed to by the Parties and appointed by the Court (“Settlement Administrator”) to mail, first class postage prepaid, the Summary Settlement Notice attached as Exhibit C to this SettlementAgreement directly to Settlement Class Members. Prior to mailing the Summary Settlement Notice, Defendant will provide the Claims Settlement Administrator with shall update the names, last known addresses, last known telephone numbers, and social security numbers (addresses reflected in electronic format) of the members of the Settlement Class that Defendant is able to provide, including the dates of employment and the number of workweeks worked during the Class Period. For the small number of instances where Defendant does not have such information, it will provide in good faith as much of the information it is able to reasonably provide. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Anthem’s records for Settlement Class Members through by comparing them to the National Change of Address system to ensure individual notice is provided to all reasonably identifiable Settlement Class Members. If any Summary Settlement Notices are returned as undeliverable with forwarding addresses provided, the Settlement Administrator shall re-send Summary Settlement Notices to the forwarding addresses. For any Summary Settlement Notices returned undeliverable without forwarding addresses provided, the Settlement Administrator shall run an address search (“NCOA”skiptrace) database against the Lexis-Nexis address database, or comparable database, and re-send Settlement Notices to determine any updated addresses obtained. b. The Summary Settlement Notice will provide a description of the settlement terms and refer Settlement Class Members to a settlement website, created by the Settlement Administrator, which will contain this Agreement and Exhibits, the operative Complaints and a list of relevant deadlines, and other agreed-to materials and information including the Full Settlement Notice attached as Exhibit D, which will be available in English and Spanish. The Summary Settlement Notice (Exhibit C) shall give Settlement Class Members 30 days from the date of such mailing to request exclusion from or object to the terms of the Settlement. The Parties agree that Plaintiffs’ Counsel shall have an opportunity to review the content placed on the settlement website and make suggested edits before the content is posted to the website. Anthem shall provide Plaintiffs’ Counsel with any proposed content 10 days before its addition to the settlement website. Plaintiffs’ Counsel shall notify Anthem in writing within 3 days of their receipt of such content if they have any suggested edits to any aspect of such content. Plaintiffs’ Counsel will be deemed to have consented to the proposed content if Plaintiffs’ Counsel fails to notify Anthem of any suggested edits within this period. Justice Xxxxxxx will resolve any disputes between the Parties regarding such content. The website will be available for 120 calendar days following the disbursement of settlement checks pursuant to paragraph 6.a.i and 6.a.iv. c. No later than the date that the Summary Settlement Notice (Exhibit C) is mailed to the Settlement Class Members, the Parties agree that a copy of the Summary Settlement Notice (iiExhibit C) update and Full Settlement Notice (Exhibit D), in English and Spanish, will be made available to the addresses of any public through a settlement website. For those Settlement Class Member for whom an updated address was found through Members who cannot access the NCOA searchFull Settlement Notice in such a manner, (iii) perform the Settlement Administrator will establish a Spanish translation toll-free number that Settlement Class Members can call to request a mailed copy of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Full Settlement Notice. Settlement Class Member at his or her last known address or at Members will also be able to call this toll-free number for general information about the updated address found through Agreement. This toll-free number will be available no later than the NCOA search, and retain proof of mailing. C. Any date that the Summary Settlement Notice Packets returned to the Claims Administrator as undelivered on or before the Response Deadline (defined belowExhibit C) shall be re-is mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, Members and in any event within 3 business continuously available for 120 calendar days following the disbursement of obtaining the updated address. Settlement Class Members settlement checks pursuant to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom the date of re-mailing, or until the Response Deadline has expired, whicheveris later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of this adjusted deadlineparagraphs 6.a.i and 6.a.

Notice to Settlement Class. Following In the event of an order granting preliminary approvalapproval of the settlement by the District Court as described in Paragraph 6, notice of the settlement will be mailed and e-mailed to the individuals in the Settlement Class shall be notified as follows: A. Within 10 calendar within fourteen days after entry of an order preliminarily approving this Settlement, Defendant such order. The Settlement Administrator will provide send the Claims Administrator with settlement class notice by first class U.S. mail to persons in the names, Settlement Class at such persons last known addressesaddress, last known telephone numbersas listed in the Notice Information, and social security numbers (in electronic format) of will also send the notice by e-mail to all members of the Settlement Class that for whom Defendant is able has an e-mail address. Prior to provide, including mailing the dates of employment and the number of workweeks worked during the Class Period. For the small number of instances where Defendant does not have such information, it will provide in good faith as much of the information it is able to reasonably provide. B. Within 7 calendar days from receipt of this informationnotice, the Claims Settlement Administrator shall (i) run will update the names of all Settlement Class Members address information provided by Defendant through the National Change of Address (“NCOA”) database maintained by the U.S. Postal Service and shall run a search to determine any updated and/or confirm the names and addresses for of the Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. . Any Notice Packets mailed notice returned to the Claims Settlement Administrator as undelivered on or before the Response Deadline (defined below) shall with a new forwarding address will be re-mailed one time to the individual at the new forwarding address. The mail notice to the Settlement Class will contain a summary description of the Agreement, and direct recipients to the settlement website, from which information about the settlement can also be obtained and through which forms providing for a current U.S. Mailing address affixed theretomay be uploaded . If In the event that no forwarding mailing address is providedor e-mail address can be identified by the Settlement Administrator for the Settlement Class Member, the Claims Settlement Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet provide notice to the Settlement Class Member promptlyby text message to the number provided by Defendant, which shall identify the individual as a Settlement Class Member and direct them to the settlement website for information and to provide the Settlement Administrator with their current address to which a settlement check will be directed. The Settlement Administrator will provide a declaration with the District Court, as part of the final approval papers, stating that these notice procedures were followed. The Settlement Administrator shall set up a dedicated website which will advise persons of the settlement, include the settlement agreement, include certain pleadings filed in the case, provide forms for the Settlement Class Member to provide a current mailing address, and in any event within 3 business days of obtaining which will answer frequently asked questions about the updated addresscase. Settlement Class Members to whom The parties agree that Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom Settlement Class, which will be sent, will be substantially similar to that attached as Exhibit 1 or Exhibit 2 (text message only notice). The parties agree that the date of re-mailingLong Form Notice to the Settlement Class, or until which will only appear on the Response Deadline has expiredsettlement website, whicheveris later, will be substantially similar to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare re-sent shall inform the recipient of this adjusted deadlinethat attached as Exhibit 3.

Notice to Settlement Class. Following preliminary approvalthe Court issuing its Order Granting Preliminary Approval, the Settlement Class shall be notified as follows: A. Within 10 30 calendar days after entry of an order preliminarily approving this Settlement, Defendant will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the members of the Settlement Class that Defendant is able to provideClass, including the dates of employment and the number of workweeks worked during the Class PeriodPeriod (the “Class Data”). For The Class Data provided to the small number of instances where Defendant does Claims Administrator will not have such information, be provided to Class Counsel and it will provide in good faith remain confidential. It shall be used solely to administer the Settlement, and it will not be used or disclosed to anyone, except as much required by applicable tax authorities, pursuant to Defendant’s express written consent, or by order of the information it is able to reasonably provideCourt. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any Notice Packets returned to the Claims Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom days from the date of re-mailing, or until the Response Deadline has expired, whicheveris whichever is later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare that are re-sent shall inform the recipient of this adjusted deadline.

Notice to Settlement Class. Following preliminary approval, the Settlement Class shall be notified as follows: A. Within 10 calendar days after entry of an order preliminarily approving this Settlement, Defendant Defendants will provide the Claims Administrator with the names, last known addresses, last known telephone numbers, and social security numbers (in electronic format) of the members of the Settlement Class that Defendant is able to provideClass, including the dates of employment and the number of workweeks worked during the Class Period. For the small number of instances where Defendant does not have such information, it will provide in good faith as much of the information it is able to reasonably provide. B. Within 7 calendar days from receipt of this information, the Claims Administrator shall (i) run the names of all Settlement Class Members through the National Change of Address (“NCOA”) database to determine any updated addresses for Settlement Class Members, (ii) update the addresses of any Settlement Class Member for whom an updated address was found through the NCOA search, (iii) perform a Spanish translation of the Notice Packet, and (iv) mail the English and Spanish translation of the Notice Packet to each Settlement Class Member at his or her last known address or at the updated address found through the NCOA search, and retain proof of mailing. C. Any Notice Packets returned to the Claims Administrator as undelivered on or before the Response Deadline (defined below) shall be re-mailed to the forwarding address affixed thereto. If no forwarding address is provided, the Claims Administrator shall make reasonable efforts, including utilizing a “skip trace,” to obtain an updated mailing address within 5 business days of receiving the returned Notice Packet. If an updated mailing address is identified, the Claims Administrator shall resend the Notice Packet to the Settlement Class Member promptly, and in any event within 3 business days of obtaining the updated address. Settlement Class Members to whom Notice Packets are re-sent after having been returned as undeliverable to the Claims Administrator shall have 14 calendar daysfrom days from the date of re-mailing, or until the Response Deadline has expired, whicheveris whichever is later, to mail a Request for Exclusion, objection, or dispute. Notice Packets thatare that are re-sent shall inform the recipient of this adjusted deadline.