Common use of NOTICE TO THE SETTLEMENT CLASS Clause in Contracts

NOTICE TO THE SETTLEMENT CLASS. 43. Following the Court’s entry of the Preliminary Approval Order, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement, including how to file a Claim Form, a date by which members of the Settlement Class may exclude themselves from or “opt-out” of the Settlement Class; a date by which members of the Settlement Class may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which members of the Settlement Class may access this Agreement and other related documents and information. Class Counsel and IHP Counsel 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 and publications provided under or as part of the Notice Program shall not bear or include the IHP logo or trademarks or the return address of IHP, or otherwise be styled to appear to originate from IHP. 44. The Notice shall include a procedure for members of the Settlement Class to opt-out of the Settlement, as detailed below. A member of the Settlement Class may opt-out of the Settlement at any time on or before the Opt-Out and Objection Deadline. Any member of the Settlement Class who does not timely and validly request to opt-out, or who submits a Claim Form, shall be bound by the terms of this Agreement and the Final Approval Order and Permanent Injunction. 45. Members of the Settlement Class who wish to opt-out of and be excluded from the Settlement must submit a written request to opt-out of the Settlement to the Settlement Administrator. To be timely, an opt-out request must be postmarked on or before the Opt- Out and Objection Deadline. The opt-out request must: a. state the member of the Settlement Class’s full name (or, if a business, business name), email address, address, and telephone number(s) at which the IHP calls were received); b. state that the member of the Settlement Class requests exclusion from, or “opts- out” of, the Settlement; c. be dated; and d. be signed by the member. Opt-out requests must be made individually and cannot be made on behalf of other members of the Settlement Class. So-called “mass” or “class” opt-outs will not be allowed. If a member of the Settlement Class submits a deficient opt-out, the Settlement Administrator shall notify the member of the deficiency within seven (7) business days of receipt. The member shall have until the later of the Opt-Out and Objection Deadline, or seven (7) business days from receiving notice from the Settlement Administrator of the deficiency, to cure said deficiencies. Members of the Settlement Class submitting untimely or deficient opt-outs shall be bound by the Agreement and its releases. If a member of the Settlement Class submits both a Claim Form and an opt-out, the member of the Settlement Class will be bound by the Agreement and the Final Approval Order and Permanent Injunction. 46. The Notice shall include a procedure for members of the Settlement Class to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs and expenses and/or a service award to the Class Representative. Objections to the Settlement, to the application for fees, costs, expenses and/or for the service award must be mailed to the Clerk of the Court, Class Counsel, and/or IHP Counsel. For an objection to be considered by the Court, the objection must be submitted by the Opt-Out and Objection Deadline. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope, mailed first-class and addressed in accordance with the instructions. If submitted by private courier (e.g., FedEx), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 47. For an objection to be considered by the Court, the objection must also set forth: a. the objector’s full name (or, if a business, business name), address, telephone number, and telephone number at which the IHP Call(s) was (were) received; b. an explanation of the basis upon which the objector claims to be a member of the Settlement Class; c. the grounds for the objection, accompanied by legal support for the objection, if any; d. the identity of any 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 fee application or who will appear at the Final Approval Hearing; and e. the objector’s signature (an attorney’s signature is not sufficient). Objections must be made individually and cannot be made on behalf of other members of the Settlement Class. 48. Notice shall be provided to Settlement Class Members in two different ways: Mailed Notice and Long-Form Notice on the Settlement Website and to be sent to members of the Settlement Class upon request. 49. The Settlement Administrator shall perform reverse telephone number look ups to determine available associated mailing addresses that might exist for any members of the Settlement Class for whom the Parties do not have such addresses, shall run addresses through the National Change of Address Database, and shall mail to all members of the Settlement Class postcards that contain details about the Settlement (“Initial Mailed Notice”) within 30 days of the entry of the Preliminary Approval Order. 50. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. By way of example, a “reasonable” tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. The Settlement Administrator shall complete the re-mailing of Mailed Notice postcards to those members of the Settlement Class whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator’s continued efforts in connection with the Notice Re-mailing Process shall not affect or extend the Opt-Out and Objection Deadline. 51. The Mailed Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than 45 days before the Final Approval Hearing. The Settlement Administrator shall provide Class Counsel and IHP Counsel an affidavit that confirms that the Mailed Notice Program was completed in a timely manner. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for Final Approval of the Settlement. 52. Within the parameters set forth in this Agreement, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and IHP Counsel.

NOTICE TO THE SETTLEMENT CLASS. 4353. Following the Court’s entry Within 35 calendar days of the Preliminary Approval Orderof the Settlement, Defendant will provide all last-known physical addresses obtained from a reasonable search of its computer/electronic databases for each potential Settlement Class Members to the Settlement Administrator. 54. Within 60 days of the Preliminary Approval of the Settlement, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval OrderCourt. The Notice shall include, among other information: a description of the material terms of the Settlement, including how to file a Claim Form, ; a date by which members of the Settlement Class may exclude themselves from or “opt-out” of the Settlement Class; a date by which members of the Settlement Class may object to the Settlement; the means by which the Settlement Class may submit Claim Forms and the date upon which Claim Forms must be submitted; a date by which the Final Approval Hearing is scheduled to occur; and the address URL of the Settlement Website at which members of the Settlement Class may access this Agreement and other related documents and information. Class Counsel and IHP Counsel 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 and publications provided under or as part of the Notice Program shall not bear or include the IHP logo Defendant's logos or trademarks or the return address of IHPDefendant, or otherwise be styled to appear to originate from IHPDefendant. 4455. The Notice shall include a procedure for members of the Settlement Class to opt-out of the Settlement, as detailed belowprocedures. A member of the Settlement Class may opt-out of the Settlement Class at any time on or before the Opt-Out and Objection Deadline, provided the opt-out notice is postmarked no later than the Opt- Out Deadline. Any member of the Settlement Class who does not timely and validly request to opt-out, or who submits a Claim Form, out shall be bound by the terms of this Agreement and the Final Approval Order and Permanent InjunctionAgreement. 45. Members of the Settlement Class who wish to opt-out of and be excluded from the Settlement must submit a written request to opt-out of the Settlement to the Settlement Administrator. To be timely, an opt-out request must be postmarked on or before the Opt- Out and Objection Deadline. The opt-out request must: a. state the member of the Settlement Class’s full name (or, if a business, business name), email address, address, and telephone number(s) at which the IHP calls were received); b. state that the member of the Settlement Class requests exclusion from, or “opts- out” of, the Settlement; c. be dated; and d. be signed by the member. Opt-out requests must be made individually and cannot be made on behalf of other members of the Settlement Class. So-called “mass” or “class” opt-outs will not be allowed. If a member of the Settlement Class submits a deficient opt-out, the Settlement Administrator shall notify the member of the deficiency within seven (7) business days of receipt. The member shall have until the later of the Opt-Out and Objection Deadline, or seven (7) business days from receiving notice from the Settlement Administrator of the deficiency, to cure said deficiencies. Members of the Settlement Class submitting untimely or deficient opt-outs shall be bound by the Agreement and its releases. If a member of the Settlement Class submits both a Claim Form and an opt-out, the member of the Settlement Class will be bound by the Agreement and the Final Approval Order and Permanent Injunction. 4656. The Notice also shall include a procedure for members of the Settlement Class to object to the Settlement and/or to Class Counsel’s 's application for attorneys’ fees, costs and expenses Class Counsel Fees and/or a service award to Payment for the Class Representative. Objections to the Settlement, to the application for fees, costs, expenses fees and/or for to the service award Payment must be mailed to the Clerk of the Court, Class Counsel, and/or IHP CounselDefendant's counsel, and the Settlement Administrator. For an objection to be considered by the Court, the objection must be submitted by no later than the Opt-Out and Objection Deadline, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope, envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 47. For an objection to be considered by the Court, the objection must also set forth: a. the objector’s full name (or, if a business, business name), address, telephone number, and telephone number at which the IHP Call(s) was (were) received; b. an explanation of the basis upon which the objector claims to be a member of the Settlement Class; c. the grounds for the objection, accompanied by legal support for the objection, if any; d. the identity of any 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 fee application or who will appear at the Final Approval Hearing; and e. the objector’s signature (an attorney’s signature is not sufficient). Objections must be made individually and cannot be made on behalf of other members of the Settlement Class. 48. Notice shall be provided to Settlement Class Members in two different ways: Mailed Notice and Long-Form Notice on the Settlement Website and to be sent to members of the Settlement Class upon request. 49. The Settlement Administrator shall perform reverse telephone number look ups to determine available associated mailing addresses that might exist for any members of the Settlement Class for whom the Parties do not have such addresses, shall run addresses through the National Change of Address Database, and shall mail to all members of the Settlement Class postcards that contain details about the Settlement (“Initial Mailed Notice”) within 30 days of the entry of the Preliminary Approval Order. 50. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. By way of example, a “reasonable” tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. The Settlement Administrator shall complete the re-mailing of Mailed Notice postcards to those members of the Settlement Class whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator’s continued efforts in connection with the Notice Re-mailing Process shall not affect or extend the Opt-Out and Objection Deadline. 51. The Mailed Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than 45 days before the Final Approval Hearing. The Settlement Administrator shall provide Class Counsel and IHP Counsel an affidavit that confirms that the Mailed Notice Program was completed in a timely manner. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for Final Approval of the Settlement. 52. Within the parameters set forth in this Agreement, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and IHP Counsel.

NOTICE TO THE SETTLEMENT CLASS. 43The Parties have presented to the Court a proposed form of Class Notice, attached hereto as Exhibit A and a Summary Notice, attached hereto as Exhibit B. The Court finds that both such forms of notice fairly and adequately: (a) describe the terms and effects of the Settlement Stipulation, the Settlement, and the Plan of Allocation; (b) notify the Settlement Class that Class Counsel will seek attorneys’ fees and reimbursement of expenses to be paid from the Qualified Settlement Fund, payment of the costs of administering the Settlement from the Qualified Settlement Fund, and for a Case Contribution Award of up to $7,500 each for the Named Plaintiffs for their services in such capacity to be paid from the Qualified Settlement Fund; (c) give notice to the Settlement Class of the time and place of the Fairness Hearing; and (d) describe how the recipients of the Class Notice may object to any of the relief requested. Following The Parties have proposed the Court’s following manner of communicating the Class Notice to members of the Settlement Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances. Accordingly, the Court directs that Class Counsel shall:  By no later than [forty-five (45) calendar days following entry of the Preliminary Approval Order], cause the Settlement Administrator shall implement the Notice Program provided hereinClass Notice, using the forms of Notice approved with such non- substantive modifications thereto as may be agreed upon by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement, including how to file a Claim Form, a date by which members of the Settlement Class may exclude themselves from or “opt-out” of the Settlement Class; a date by which members of the Settlement Class may object to the Settlement; the date upon which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which members of the Settlement Class may access this Agreement and other related documents and information. Class Counsel and IHP Counsel 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 and publications provided under or as part of the Notice Program shall not bear or include the IHP logo or trademarks or the return address of IHP, or otherwise be styled to appear to originate from IHP. 44. The Notice shall include a procedure for members of the Settlement Class to opt-out of the Settlement, as detailed below. A member of the Settlement Class may opt-out of the Settlement at any time on or before the Opt-Out and Objection Deadline. Any member of the Settlement Class who does not timely and validly request to opt-out, or who submits a Claim Form, shall be bound by the terms of this Agreement and the Final Approval Order and Permanent Injunction. 45. Members of the Settlement Class who wish to opt-out of and be excluded from the Settlement must submit a written request to opt-out of the Settlement to the Settlement Administrator. To be timely, an opt-out request must be postmarked on or before the Opt- Out and Objection Deadline. The opt-out request must: a. state the member of the Settlement Class’s full name (or, if a business, business name), email address, address, and telephone number(s) at which the IHP calls were received); b. state that the member of the Settlement Class requests exclusion from, or “opts- out” of, the Settlement; c. be dated; and d. be signed by the member. Opt-out requests must be made individually and cannot be made on behalf of other members of the Settlement Class. So-called “mass” or “class” opt-outs will not be allowed. If a member of the Settlement Class submits a deficient opt-out, the Settlement Administrator shall notify the member of the deficiency within seven (7) business days of receipt. The member shall have until the later of the Opt-Out and Objection Deadline, or seven (7) business days from receiving notice from the Settlement Administrator of the deficiencyParties, to cure said deficiencies. Members of the Settlement Class submitting untimely or deficient optbe provided by first-outs shall be bound by the Agreement and its releases. If a member of the Settlement Class submits both a Claim Form and an opt-outclass mail, the member of the Settlement Class will be bound by the Agreement and the Final Approval Order and Permanent Injunction. 46. The Notice shall include a procedure for members of the Settlement Class to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs and expenses and/or a service award to the Class Representative. Objections to the Settlementpostage prepaid, to the application for fees, costs, expenses and/or for the service award must be mailed to the Clerk last known address of the Court, Class Counsel, and/or IHP Counsel. For an objection to be considered by the Court, the objection must be submitted by the Opt-Out and Objection Deadline. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope, mailed first-class and addressed in accordance with the instructions. If submitted by private courier (e.g., FedEx), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 47. For an objection to be considered by the Court, the objection must also set forth: a. the objector’s full name (or, if a business, business name), address, telephone number, and telephone number at which the IHP Call(s) was (were) received; b. an explanation of the basis upon which the objector claims to be a member of the Settlement Class; c. the grounds for the objection, accompanied by legal support for the objection, if any; d. the identity of any 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 fee application or who will appear at the Final Approval Hearing; and e. the objector’s signature (an attorney’s signature is not sufficient). Objections must be made individually and cannot be made on behalf of other members of the Settlement Class. 48. Notice shall be provided to each Settlement Class Members in two different ways: Mailed Notice and Longmember who can be identified through reasonable effort.  By no later than [forty-Form Notice on the Settlement Website and to be sent to members of the Settlement Class upon request. 49. The Settlement Administrator shall perform reverse telephone number look ups to determine available associated mailing addresses that might exist for any members of the Settlement Class for whom the Parties do not have such addresses, shall run addresses through the National Change of Address Database, and shall mail to all members of the Settlement Class postcards that contain details about the Settlement five (“Initial Mailed Notice”45) within 30 calendar days of the following entry of the Preliminary Approval Order. 50. The Settlement Administrator shall perform reasonable address traces for ], cause the Class Notice to be published on the website identified in the Class Notice, which will also host and make available copies of all Initial Mailed Notice postcards that are returned as undeliverable. By way of exampleSettlement-related documents, a “reasonable” tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. The Settlement Administrator shall complete the re-mailing of Mailed Notice postcards to those members of including the Settlement Class whose new addresses were identified as of that time through address traces (“Notice ReStipulation, and litigation-mailing Process”)related documents, including the Complaint. The Settlement Administrator’s continued efforts in connection with the Notice Re-mailing Process shall not affect or extend the Opt-Out and Objection Deadline. 51. The Mailed Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed  By no later than 45 [forty-five (45) calendar days before the Final Approval Hearing. The Settlement Administrator shall provide Class Counsel and IHP Counsel an affidavit that confirms that the Mailed Notice Program was completed in a timely manner. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for Final Approval following entry of the SettlementPreliminary Approval Order], cause the Summary Notice to be published in USA Today and on PR Newswire. 52. Within the parameters set forth in this Agreement, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and IHP Counsel.

NOTICE TO THE SETTLEMENT CLASS. 43Opt-Out Procedures, and Objection Procedures 76. Following PHL will make available to Class Counsel and the Court’s Settlement Administrator the Class List no later than five days after entry of the Preliminary Approval Order. To the extent necessary, PHL will cooperate with updating the Class List to accomplish the Notice Program and otherwise administer the Settlement. 77. Within 45 days following entry of the Preliminary Approval Order, the Settlement Administrator shall implement commence the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval OrderCourt. Where email addresses are provided by PHL for Settlement Class members, Email Notice shall be sent by email. Settlement Class members for which email addresses are not provided, or emails were undelivered (and a postal address is provided by PHL), shall receive a Postcard Notice by mail. 78. The Email Notice and Postcard Notice shall include, among other information: a description of the material terms of the Settlement, including ; how to file submit a Claim Form, a date by which members ; the Claim Form Deadline; the last day of the Opt-Out Period for Settlement Class may exclude themselves from or “members to opt-out” out of the Settlement Class; a date by which members the last day of the Objection Period for Settlement Class may Members to object to the SettlementSettlement and/or Application for Attorneys’ Fees, Costs, and Service Awards; the date upon which the Final Approval Hearing is scheduled to occurdate; and the address of the Settlement Website address at which members of the Settlement Class members may access this Agreement and other related documents and information. Class Counsel and IHP PHL’s Counsel 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 and publications provided under If the date or as part of time for the Notice Program Final Approval Hearing changes, the Settlement Administrator shall not bear update the Settlement Website to reflect the new date. No additional notice to the Settlement Class is required if the date or include time for the IHP logo or trademarks or the return address of IHP, or otherwise be styled to appear to originate from IHPFinal Approval Hearing changes. 4479. The Settlement Administrator shall establish the Settlement Website no later than the day before Notice is first initiated. The Settlement Administrator shall ensure the Settlement Website makes available the Court-approved online Claim Form that can be submitted directly on the Settlement Website or in printable version that can be sent by U.S. Mail to the Settlement Administrator. 80. The Long Form Notice also shall include a procedure for members of the Settlement Class members to opt-out of the SettlementSettlement Class, as detailed belowand the Postcard Notice shall direct Settlement Class members to review the Long Form Notice to obtain the opt-out instructions. A member of the Settlement Class member may opt-out of the Settlement Class at any time on or before during the Opt-Out and Objection DeadlinePeriod by mailing a request to opt-out to the Settlement Administrator postmarked no later than the last day of the Opt-Out Period. Any member of The opt-out request must be personally signed by the Settlement Class member and contain the requestor’s name, address, telephone number, and email address (if any), and include a statement indicating a request to be excluded from the Settlement Class. Any Settlement Class Member who does not timely and validly request to opt-out, or who submits a Claim Form, out shall be bound by the terms of this Agreement and the Final Approval Order and Permanent Injunctioneven if that Settlement Class Member does not submit a Valid Claim. 45. Members of the Settlement Class who wish to opt-out of and be excluded from the Settlement must submit a written request to opt-out of the Settlement to the Settlement Administrator. To be timely, an opt-out request must be postmarked on or before the Opt- Out and Objection Deadline81. The opt-out request must: a. state the member of the Settlement Class’s full name (or, if a business, business name), email address, address, and telephone number(s) at which the IHP calls were received); b. state that the member of the Settlement Class requests exclusion from, or “opts- out” of, the Settlement; c. be dated; and d. be signed by the member. Opt-out requests must be made individually and cannot be made on behalf of other members of the Settlement Class. So-called “mass” or “class” opt-outs will not be allowed. If a member of the Settlement Class submits a deficient opt-out, the Settlement Administrator shall notify the member of the deficiency within seven (7) business days of receipt. The member shall have until the later of the Opt-Out and Objection Deadline, or seven (7) business days from receiving notice from the Settlement Administrator of the deficiency, to cure said deficiencies. Members of the Settlement Class submitting untimely or deficient opt-outs shall be bound by the Agreement and its releases. If a member of the Settlement Class submits both a Claim Long Form and an opt-out, the member of the Settlement Class will be bound by the Agreement and the Final Approval Order and Permanent Injunction. 46. The Notice also shall include a procedure for members of the Settlement Class Members to object to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards, and the Postcard Notice and Email Notice shall direct Settlement Class members to review the Long Form Notice to obtain the objection instructions. Objections must be filed with the Court, and sent by U.S. Mail to Class Counsel, Defendant’s application for attorneys’ fees, costs and expenses and/or a service award to the Class Representative. Objections to the Settlement, to the application for fees, costs, expenses and/or for the service award must be mailed to the Clerk of the Court, Class Counsel, and/or IHP Counseland the Settlement Administrator. For an objection to be considered by the Court, the relevant Settlement Class Member must submit the objection no later than the last day of the Objection Period, as specified in the Notice, and the relevant Settlement Class Member must be submitted by not have excluded herself from the Opt-Out and Objection DeadlineSettlement Class. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope, envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 4782. For an objection to be considered by the Court, the objection must also set forth: a. the objector’s full name (orname, if a business, business name), mailing address, telephone number, and telephone number at which the IHP Call(s) was email address (were) receivedif any); b. an explanation of the basis upon which the objector claims to be a member of the Settlement Class; c. the all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel; c. the number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, if anythe 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; d. the identity of any 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 and/or Application for Attorneys’ Fees, Costs, and Service Awards; e. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the 5 years preceding the date of the filed objection, the caption of each case in which counsel or fee application 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; f. the identity of all counsel (if any) representing the objector, and whether they will appear at the Final Approval Hearing; g. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any); h. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and e. i. the objector’s signature (an attorney’s signature is not sufficient). Objections must be made individually and cannot be made Class Counsel and/or Defendant’s Counsel may conduct limited discovery on behalf of other members of the Settlement Classany objector or objector’s counsel. 48. Notice shall be provided to Settlement Class Members in two different ways: Mailed Notice and Long-Form Notice on the Settlement Website and to be sent to members of the Settlement Class upon request. 49. The Settlement Administrator shall perform reverse telephone number look ups to determine available associated mailing addresses that might exist for any members of the Settlement Class for whom the Parties do not have such addresses, shall run addresses through the National Change of Address Database, and shall mail to all members of the Settlement Class postcards that contain details about the Settlement (“Initial Mailed Notice”) within 30 days of the entry of the Preliminary Approval Order. 5083. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards Postcard Notices that are returned as undeliverable. By way of example, a “reasonable” reasonable tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. The No later than 60 days before the original date set for the Final Approval Hearing, the Settlement Administrator shall complete the re-mailing of Mailed Postcard Notice postcards to those members of the Settlement Class members whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”)traces. 84. The Settlement Administrator’s continued efforts in connection with the Notice Re-mailing Process shall not affect or extend the Opt-Out and Objection Deadline. 51. The Mailed Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than 45 60 days before the original date set for the Final Approval Hearing. The Settlement Administrator shall provide Class Counsel and IHP Counsel an affidavit that confirms that the Mailed Notice Program was completed in a timely manner. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for Final Approval of the Settlement. 52. Within the parameters set forth in this Agreement, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and IHP Counsel.

NOTICE TO THE SETTLEMENT CLASS. 4365. Following the Court’s Within 45 days of entry of the Preliminary Approval Orderof the Settlement, Defendant will provide the Class Data, including all last-known physical addresses obtained from a reasonable search of its computer/electronic databases for all potential Settlement Class Members to the Settlement Administrator and to Class Counsel. Additionally, Defendants shall identify which Settlement Class Members are potentially entitled to Fees only, which are potentially entitled to Fees and Sales Tax, and which are potentially entitled to Fees, Sales Tax and CRA Sales Tax. 66. Within 75 days of the Preliminary Approval of the Settlement, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval OrderCourt. The Notice shall include, among other information: a description of the material terms of the Settlement, including how to file a Claim Form, ; a date by which members of the Settlement Class may exclude themselves from or “opt-out” of the Settlement Class; a date by which members of the Settlement Class may object to the Settlement; the means by which the Settlement Class may submit Claim Forms and the date upon which Claim Forms must be submitted; the date upon which the Final Approval Hearing is scheduled to occur; and the address of the Settlement Website at which members of the Settlement Class may access this Agreement and other related documents and information. Class Counsel and IHP Counsel Defendants 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 and publications provided under or as part of the Notice Program shall not bear or include the IHP logo Defendants’ logos or trademarks or the return address of IHP, Defendants or otherwise be styled to appear to originate from IHPDefendants. 4467. The Notice shall include a procedure for members of the Settlement Class to opt-out of the Settlement, as detailed belowprocedures. A member of the Settlement Class may opt-out of the Settlement Class at any time on or before the Opt-Out and Objection Deadline, provided the opt- out notice is postmarked no later than the Opt-Out Deadline. Any member of the Settlement Class who does not timely and validly request to opt-out, or who submits a Claim Form, out shall be bound by the terms of this Agreement and the Final Approval Order and Permanent InjunctionAgreement. 45. Members of the Settlement Class who wish to opt-out of and be excluded from the Settlement must submit a written request to opt-out of the Settlement to the Settlement Administrator. To be timely, an opt-out request must be postmarked on or before the Opt- Out and Objection Deadline. The opt-out request must: a. state the member of the Settlement Class’s full name (or, if a business, business name), email address, address, and telephone number(s) at which the IHP calls were received); b. state that the member of the Settlement Class requests exclusion from, or “opts- out” of, the Settlement; c. be dated; and d. be signed by the member. Opt-out requests must be made individually and cannot be made on behalf of other members of the Settlement Class. So-called “mass” or “class” opt-outs will not be allowed. If a member of the Settlement Class submits a deficient opt-out, the Settlement Administrator shall notify the member of the deficiency within seven (7) business days of receipt. The member shall have until the later of the Opt-Out and Objection Deadline, or seven (7) business days from receiving notice from the Settlement Administrator of the deficiency, to cure said deficiencies. Members of the Settlement Class submitting untimely or deficient opt-outs shall be bound by the Agreement and its releases. If a member of the Settlement Class submits both a Claim Form and an opt-out, the member of the Settlement Class will be bound by the Agreement and the Final Approval Order and Permanent Injunction. 4668. The Notice also shall include a procedure for members of the Settlement Class to object to the Settlement and/or to Class Counsel’s application for attorneys’ fees, costs Class Counsel Fees and expenses Costs and/or a service award to the Service Awards for the Class RepresentativeRepresentatives. Objections to the Settlement, to the application for fees, costs, expenses Class Counsel Fees and Costs and/or for to the service award Service Awards must be mailed to the Clerk of the Court, Class Counsel, and/or IHP CounselSettlement Administrator. For an objection to be considered by the Court, the objection must be submitted by no later than the Opt-Out and Objection Deadline, as specified in the Notice. If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope, envelope if mailed first-class postage prepaid and addressed in accordance with the instructions. If submitted by private courier (e.g., FedExFederal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. 47. For an objection to be considered by the Court, the objection must also set forth: a. the objector’s full name (or, if a business, business name), address, telephone number, and telephone number at which the IHP Call(s) was (were) received; b. an explanation of the basis upon which the objector claims to be a member of the Settlement Class; c. the grounds for the objection, accompanied by legal support for the objection, if any; d. the identity of any 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 fee application or who will appear at the Final Approval Hearing; and e. the objector’s signature (an attorney’s signature is not sufficient). Objections must be made individually and cannot be made on behalf of other members of the Settlement Class. 48. Notice shall be provided to Settlement Class Members in two different ways: Mailed Notice and Long-Form Notice on the Settlement Website and to be sent to members of the Settlement Class upon request. 49. The Settlement Administrator shall perform reverse telephone number look ups to determine available associated mailing addresses that might exist for any members of the Settlement Class for whom the Parties do not have such addresses, shall run addresses through the National Change of Address Database, and shall mail to all members of the Settlement Class postcards that contain details about the Settlement (“Initial Mailed Notice”) within 30 days of the entry of the Preliminary Approval Order. 50. The Settlement Administrator shall perform reasonable address traces for all Initial Mailed Notice postcards that are returned as undeliverable. By way of example, a “reasonable” tracing procedure would be to run addresses of returned postcards through the Lexis/Nexis database that can be utilized for such purpose. The Settlement Administrator shall complete the re-mailing of Mailed Notice postcards to those members of the Settlement Class whose new addresses were identified as of that time through address traces (“Notice Re-mailing Process”). The Settlement Administrator’s continued efforts in connection with the Notice Re-mailing Process shall not affect or extend the Opt-Out and Objection Deadline. 51. The Mailed Notice Program (which is composed of both the Initial Mailed Notice and the Notice Re-mailing Process) shall be completed no later than 45 days before the Final Approval Hearing. The Settlement Administrator shall provide Class Counsel and IHP Counsel an affidavit that confirms that the Mailed Notice Program was completed in a timely manner. Class Counsel shall file that affidavit with the Court as an exhibit to or in conjunction with Plaintiff’s motion for Final Approval of the Settlement. 52. Within the parameters set forth in this Agreement, further specific details of the Notice Program shall be subject to the agreement of Class Counsel and IHP Counsel.