Notice to the Class Members. The Class Notice shall advise Class Members of their rights, including the right to opt-out from or object to this Agreement and the applicable procedures for doing so, shall direct them to the Settlement Website where an electronic Claim Form shall be located, shall provide instructions for contacting Class Counsel and the Claims Administrator in order to obtain a paper Claim Form or otherwise, and shall contain other information as is agreed by the Settling Parties. The Class Notice shall advise Class Members that objections to the Agreement, and papers submitted in support of said objections, shall only be considered at the Fairness Hearing if they are submitted pursuant to the procedures set forth in paragraphs 33-35 below. The Class Notice shall advise Class Members that the time and place of the Fairness Hearing may change and shall be posted on the Settlement Website. Subject to the Court’s approval, a copy of the Class Notices, which will be disseminated via Publication Notice and via the Settlement Website are attached hereto as Exhibits C & D.

Notice to the Class Members. 38. Within thirty (30) days after the Court’s entry of its order granting preliminary approval of this Settlement, Defendant will provide the Settlement Administrator with the names, last known addresses, phone numbers, Social Security numbers, and the number of Weeks Worked during the Class Period for the Class Members. 39. The Settlement Administrator will use reasonable tracing to verify the accuracy of the addresses before the initial mailing to ensure that the Notice is sent to Class Members at the addresses most likely to result in prompt receipt. It will be conclusively presumed that if an envelope so mailed has not been returned within thirty (30) days of the mailing that the Class Member received the Notice. With respect to envelopes returned as undeliverable, the Settlement Administrator will use reasonable diligence to obtain a current address and re-mail the envelope to such address. 40. Class Counsel shall provide the Court, at least five (5) court days prior to the final approval hearing, a declaration by the Settlement Administrator specifying the due diligence it has undertaken with regard to the mailing of the Notice.

Notice to the Class Members. Within twenty-five (25) days of the Preliminary Approval Date, the Claims Administrator shall arrange for the distribution of the Summary Notice to all Class Members by doing the following: (1) publishing the notice in the following three weekly newspapers immediately upon the beginning of the eighty (80) day notice period, and again three weeks before the conclusion of the notice period – LA Weekly, OC Weekly and San Diego Reader; (2) publishing the notice on each of Defendants’ websites and providing a link to the settlement website on each of Defendants’ websites– xxx.xxxxxxxxxxx.xxx; xxx.xxxxxxxxxxxxx.xxx; xxx.xxxxxxxxx.xxx; xxx.xxxxxxxxxxxxx.xxx; and xxx.xxxxxxxxxxxxxxxx.xxx; (3) sending an email notice to each recipient on Defendants’ customer email list; (4) displaying a sign at the front entrance and at the hostess station and/or first point of contact of each of Defendants’ restaurants throughout the eighty (80) day claims period, that contains the notice language in the attached Exhibit B, and (5) provide flyers with the notice language in the attached Exhibit B at the location of the notice signs at the hostess station and/or first point of contact of each of Defendants’ restaurants throughout the eighty (80) day claims period. In addition, the Claims Administrator shall post the Notice, the operative complaint in the Action, this Agreement, the Order Granting Preliminary Approval of Class Action Settlement and Provisional Class Certification, on the claims website. The Parties’ will agree on the content of notice to be submitted to the Court for approval.

Notice to the Class Members. 46. Within twenty-one (21) days after the Court’s entry of its order granting preliminary approval, Defendant will provide the Settlement Administrator with the names, last- known addresses, phone numbers, Social Security numbers, and the number of Piece Rate Hours, as that term is defined in the Claim Form, of the Class Members as appearing in Defendant’s business records. 47. The Settlement Administrator shall send the Class Notice to the Class Members in the form attached as Exhibit A, as well as the Claim Form attached as Exhibit B, by first class mail within thirty (30) days after receiving the Class Member information from Defendant. 48. The Settlement Administrator will use reasonable tracing to verify the accuracy of the addresses before the initial mailing to ensure that the Class Notice and Claim Form are sent to Class Members at the addresses most likely to result in prompt receipt. It will be conclusively presumed that, if an envelope so mailed has not been returned within thirty (30) days of the mailing, the Class Member received the Class Notice and Claim Form. With respect to envelopes returned as undeliverable, the Settlement Administrator will use reasonable diligence to obtain a current address and re-mail the envelope to such address. With respect to any returned envelopes with forwarding addresses, the Settlement Administrator will forward the envelopes to the given addresses promptly.

Notice to the Class Members. If the Court enters a preliminary approval order, notice of this Agreement shall be provided within ten (10) days of Preliminary Approval, in the following manner: (a) A Notice consistent with Exhibit B shall be published in The Detroit Free Press and The Detroit News, and shall remain published in each for no less than seven consecutive (7) days. (b) The Class Administrator shall post the Notice consistent with Exhibit A on the website established by the Claims Administrator. (c) For the entire Claims Period, Defendant will provide: (i) Notice consistent with Exhibit C pinned to the top of Paradies Lagardère’s Facebook page (with a link to the settlement website); (ii) Notice consistent with Exhibit D printed on receipts given to patrons of the restaurants referred to in paragraph 2.11. (d) Upon objection by an airport authority, landlord, licensor, franchisor, or other third party with standing to object to the implementation of any part of this Section 6.2, Defendant will first attempt to negotiate a resolution with the objecting party consistent with the Parties’ intent as expressed in this Agreement, and Class Counsel shall reasonably cooperate with the same. Failing such negotiated resolution, the Parties shall work together in good faith to identify reasonable alternatives consistent with the Parties’ intent as expressed in this Agreement and, if required by law, to jointly seek Court approval of such alternatives.

Related to Notice to the Class Members

Notice to Class Members 8.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 8.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation, substantially in the form attached to this Agreement as Exhibit 1. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the 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 update Class Member addresses using the National Change of Address database. 8.4.3 Not later than three (3) business days after the Administrator’s receipt of any Class Notice returned 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 Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 8.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional fourteen (14) days beyond the sixty (60) days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 8.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith. in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other 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 (14) days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.
NOTICE TO THE CLASS 4.1 The Notice Plan shall consist of the following:
Class Notice The Settling Parties have presented to the Court proposed forms of Settlement Notice, which are appended hereto as Exhibit 3 and Exhibit 4, respectively. A. The Court finds that the proposed forms and the website referenced in the Settlement Notice fairly and adequately: i. Describe the terms and effect of the Settlement Agreement and of the Settlement; ii. Notify the Settlement Class concerning the proposed Plan of Allocation; iii. Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Class Representatives, Attorneys’ Fees and Costs; iv. Notify the Settlement Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement Fund; v. Give notice to the Settlement Class of the time and place of the Fairness Hearing; and vi. Describe how the recipients of the Class Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, cause the Settlement Notices, with such non- substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by electronic mail to all Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each member of the Settlement Class for whom there is no current email address that can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers of members of the Settlement Class. The names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address. D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to cause the Settlement Notice to be published on the Settlement Website.
To Class Counsel A Class Counsel Fees Payment of not more than %, which is currently estimated to be $ , and a Class Counsel Litigation Expenses Payment of not more than $ . XYZ will not oppose requests for these payments provided that do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than [16 court] days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds XYZ harmless, and indemnifies XYZ, from any dispute or controversy regarding any division or sharing of any of these Payments.
Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.
Settlement Class Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.
NOTICE TO MEMBERS All notices to be given under the Agreement to the Members shall be given in writing and shall be deemed given: (i) when deposited in the mail to the address shown below of the Member entitled to receive notice, postage prepaid, registered or certified;
Notice to the Company The Option shall be exercised in whole or in part by written notice in substantially the form attached hereto as Exhibit A directed to the Company at its principal place of business accompanied by full payment as hereinafter provided of the exercise price for the number of Option Shares specified in the notice.
Notice to the Union At the time notice of displacement is issued, a copy of the notice shall be sent to the Union xxxxxxx.
Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

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