Common use of Payments to Settlement Class Members Clause in Contracts

Payments to Settlement Class Members. (a) Hearst shall establish the Settlement Fund within twenty-eight (28) days after Preliminary Approval. (b) Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid Claim Form will be honored per unique telephone number that received Telephone Calls. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of the amount remaining in the Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per call. (c) Within ninety (90) days after the Effective Date, or such other date as the Court may set, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail to the Settlement Class Members who submitted all such Approved Claims. (d) All cash payments issued to Settlement Class Members via check will state on the face of the check that the check will expire and become null and void unless cashed within ninety (90) days after the date of issuance. (e) Any un-cashed checks issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per call. (f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable organization agreed upon by the Settling Parties and approved by the Court, or as otherwise directed by the Court.

Payments to Settlement Class Members. (a) Hearst shall establish the Settlement Fund within twenty-eight (28) days after Preliminary Approval. (b) Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid Each Settlement Class Member will be presumed to have received three (3) calls. Settlement Class Members that received more than three (3) calls will be able to indicate the number of calls they received and will be eligible for payment on a per call basis. Defendants may challenge the number of calls claimed, but each Settlement Class Member that submits a completed Claim Form will be honored per unique telephone number that received Telephone Calls. have an Approved Claim for at least one (1) call. (b) Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of $500 per call, unless the total of such payments (plus payment of all Settlement Administration Expenses, any incentive award to the Class Representatives, and any Fee Award to Class Counsel) would exceed the $76,000,000 Ceiling. In that case, each Settlement Class Member who submits an Approved Claim would be entitled, per call, to a pro rata share of the amount remaining in the total Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and (after payment of all Settlement Administration Expenses, any incentive award to the Class RepresentativeRepresentatives, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending ) based on the total number of calls resulting from Approved Claims. By way of example, but shall not exceed if the total payments at $500.00 500 per call (plus payment of the Fee Award, incentive awards, and Settlement Administration Expenses) would be less than $56,000,000, each Settlement Class Member who submits an Approved Claim will get a pro rata payment of more than $500 per call up to a maximum of $1,500 per call, so that the total payout is at least equal to the $56,000,000 Floor. If the Settlement Fund is in between the Floor and Ceiling, then every Settlement Class Member with an Approved Claim will receive $500 per call. Only when the Settlement Fund reaches the Ceiling will Settlement Class Members with an Approved Claim receive a pro rata share of the Settlement Fund after payment of the Fee Award, incentive awards, and Settlement Administration Expenses. (c) Within ninety (90) days after the Effective Date, or such other date as the Court may set, the The Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send with said checks being sent via first-class U.S. mail to the Settlement Class Members who submitted all such Approved Claims. A first round of payments to all Settlement Class Members with Approved Claims shall be made within one-hundred eighty (180) days of the Effective Date. The second and final round of payments to all Settlement Class Members with Approved Claims shall be made within twenty-eight (28) days of the final payment into the Settlement Fund. (d) The ratio of the first installment to the second installment shall be the same as the ratio of $30 million to the total Settlement Fund minus $30 million. For example, if the total Settlement Fund is $56 million, each Settlement Class Member with an Approved Claim will receive 54% of their total share based on the number of valid calls received in the first installment, and 46% of their total share in the second installment. If the total Settlement Fund is $76 million, each Settlement Class Member will receive 39% of their total share based on the number of valid calls received in the first installment and 61% of their total share in the second installment. The Fee Award and Settlement Administration Expenses (other than the Settlement Administrator’s costs of providing Notice) will be paid in two installments in the same way. (e) All cash payments issued to Settlement Class Members via check will state on the face of the check that the check will expire and become null and void unless cashed within ninety (90) days after the date of issuance. (ef) Any un-cashed checks issued to Settlement Class Members during the first round of payments made in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award awards to the Class Representative Representatives shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed second round of payments. Any un-cashed checks issued to any Settlement Class Member (including Members during the second and final round of payments made in accordance with this Agreement, as well as any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per call. (f) In the event that (i) monies remain unclaimed funds remaining in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) aboveafter payment of all Approved Claims, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g.all Settlement Administration Expenses, the amounts remaining Fee Award to Class Counsel, and the incentive awards to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds Class Representatives shall be disbursed distributed to a charitable organization agreed upon an appropriate cy pres recipient selected by the Settling Special Master upon recommendation from counsel for the Parties and approved the Settlement Class Members by email to the Court, or Settlement Administrator as otherwise directed by indicated in the CourtNotice.

Payments to Settlement Class Members. (a) Hearst 2.1.1. Defendant shall establish pay or cause to be paid into the Escrow Account the Settlement Fund Amount, as specified in Paragraph 1.31 of this Agreement, within twenty-eight thirty (2830) days after Preliminary Approval. (b) 2.1.2. Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid Claim Form will be honored per unique telephone number that received Telephone Calls. Each Settlement Class Member who submits an Approved Claim Claim. The Settlement Administrator shall be entitled to a payment of pay a pro rata share portion of the amount remaining in Net Settlement Fund for all Approved Claims through payment (a) by check via first class U.S. mail; or (b) by electronic means via Paypal or Venmo, upon election of the Settlement Fund based upon Class Member, which the number of telephone calls he or she received up Parties agree to $500.00 per call, and after make available as alternative payment of options. Payments to all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Members with Approved Claim will Claims shall be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per call. (c) Within made within ninety (90) days after the Effective Date, or such other date as the Court may set, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail to the Settlement Class Members who submitted all such Approved Claims. (d) 2.1.3. All cash payments issued to Settlement Class Members via check will state on the face of the check that the check it will expire and become null and void unless cashed within ninety one hundred and eighty (90180) days after the date of issuance. (e) Any un-cashed . To the extent that any checks issued to a Settlement Class Member are not cashed within one-hundred eighty (180) days after the date of issuance, such uncashed check funds shall be redistributed on a pro rata basis (after first deducting any necessary settlement administration expenses from such uncashed check funds) to all Settlement Class Members in accordance with this Agreementwho cashed checks or received electronic payments during the initial distribution, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award but only to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any extent each Settlement Class Member (including would receive at least $5.00 in any amounts distributed to that such secondary distribution and if otherwise feasible. To the extent each Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per call. (f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and to be redistributed to individual class members are would receive less than the cost of mailing additional checks)$5.00 in any such secondary distribution or if a secondary distribution would be otherwise infeasible, the remaining any uncashed check funds shall be disbursed shall, subject to Court approval, revert to a charitable non-sectarian and/or not-for-profit organization agreed upon recommended by the Settling Parties Class Counsel and approved by the Court. 2.1.4. Upon payment of the Settlement Fund into the Escrow Account, all risk of loss with respect to the cash portion of the Settlement shall pass to the Escrow Account, and any and all remaining interest or as otherwise directed by right of Defendant in or to the CourtEscrow Account, if any, shall be extinguished.

Payments to Settlement Class Members. (Only Settlement Class Members who submit Approved Claims during the Claims Period will receive a payment under the Settlement. a) Hearst shall establish the Settlement Fund within twenty-eight (28) The Claims Period will run from 90 days after Preliminary Approvalthe Notice Deadline. (b) Settlement Class Members shall have until may submit a Claim Form to the Settlement Administrator electronically through the Settlement Website or by mail to the Settlement Administrator. Claim Forms must be submitted electronically or postmarked before midnight on the final day of the Claims Deadline to submit Period. All Claim FormsForms must be submitted during the Claims Period and in the manner set forth in this Agreement. 1. Only one valid Settlement Class Members submitting a Claim Form will be honored per unique telephone number that received Telephone Calls. Each Settlement Class Member who submits must submit an Approved accurate and complete Claim shall be entitled Form, attested to a payment under penalty of a pro rata share of the amount remaining in perjury, and supporting documentation as needed, to the Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per callAdministrator. (c) Within ninety (90) days after the Effective Date2. In its discretion, or such other date as the Court may setto be reasonably exercised, the Settlement Administrator shall pay from will review all Claim Forms submitted. The Settlement Administrator may require supplementation of a completed Claim Form or additional information needed to validate or audit a claim. To the extent that a Settlement Class Member fails to provide any supplementation or additional information if requested, the Settlement Fund all Administrator may determine that the Settlement Class Member failed to submit a valid claim and therefore reject that claim. 3. The Settlement Administrator will process valid claims of Settlement Class Members and distribute payments after the Effective Date in accordance with the terms of this Agreement. c) The Settlement Administrator will pay Approved Claims in the following manner: i. Settlement Class Members will receive a payment of $150.00 (“Cash Payment”) by check filing a claim and send said checks via first-class U.S. mail submitting an attestation to the Settlement Class Members who submitted all such Approved ClaimsAdministrator confirming that they believe that they have suffered any harm associated with the Data Incident, including but not limited to the following types of harm: time spent dealing with the Data Incident, loss of confidences, loss of their PII/PHI, and/or emotional distress. (d) All cash payments issued to ii. Settlement Class Members via check will state on be able to submit a claim for reimbursement for out-of-pocket losses (“Out-of-Pocket Expenses”) reasonably traceable to the face Data Incident of up to $2,000 per individual Settlement Class Member, inclusive of any claim for the check that the check will expire and become null and void unless cashed within ninety Cash Payment under subsection (90) days after the date of issuance. (e) Any un-cashed checks issued to 1). To claim this benefit, Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award will be required to Class Counselprovide documentation, and affirm under penalty of perjury their belief that the incentive award claimed losses are due to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per callData Incident. (fd) In To the event that (i) monies remain in extent the Total Settlement Fund following Compensation at the distributions identified in Provisions 2.1(b) and (e) above, or (ii) end of the sum remaining after the distribution identified in Provision 2.1(b) Claims Period is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and to be redistributed to individual class members are less than the cost amount of mailing additional checks)$800,000.00, the remaining funds Approved Claims for Cash Payments or Out-of-Pocket Expenses shall all be disbursed to a charitable organization agreed upon by increased in amount pro rata. e) To the Settling Parties and approved by extent the CourtTotal Settlement Compensation at the end of the Claims Period is more than the amount of $1,200,000.00, the Approved Claims for Cash Payments or as otherwise directed by the CourtOut-of-Pocket Expenses shall all be decreased in amount pro rata.

Payments to Settlement Class Members. (a) Hearst Defendants shall establish pay or cause to be paid into the Escrow Account the amount of the Settlement Fund ($16,000,000.00 USD), as specified in Paragraph 1.32 of this Agreement, within twenty-eight (28) days after Preliminary Approval. (b) Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid Claim Form will be honored per unique telephone number that received Telephone Callsan Approved Claim. Each Settlement Class Member who submits with an Approved Claim shall be entitled to a cash payment of a in an amount reflecting the pro rata share portion of the amount remaining in the Settlement Fund based upon after deducting the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class RepresentativeFee Award, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per callincentive award. (c) Within ninety (90) days after the Effective Date, or such other date as the Court may set, the The Settlement Administrator shall pay from the Settlement Fund all Approved Claims by electronic payment or check and send with said checks being sent via first-first class U.S. mail to the Settlement Class Members who submitted all such Approved Claims.. Payments to all (d) All cash payments issued to Settlement Class Members via check will state on the face of the check that the check it will expire and become null and void unless cashed within ninety one hundred and eighty (90180) days after the date of issuance. To the extent that any checks issued to a Settlement Class Member are not cashed within one-hundred eighty (180) days after the date of issuance, such uncashed check funds shall be redistributed on a pro rata basis (after first deducting any necessary settlement administration expenses from such uncashed check funds) to all Settlement Class Members who cashed checks during the initial distribution, but only to the extent each Settlement Class Member would receive at least $5.00 in any such secondary distribution and if otherwise feasible. To the extent each Settlement Class Member would receive less than $5.00 in any such secondary distribution or if a secondary distribution would be otherwise infeasible, any uncashed check funds shall, subject to Court approval, revert to the Future of Privacy Forum, a non-sectarian, non-profit organization, recommended by Class Counsel and approved by the Court. (e) Any un-cashed checks issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in Upon payment of the Settlement Fund after payment of all Approved Claimsinto the Escrow Account, all risk of loss with respect to the cash portion of the Settlement Administration Expenses, shall pass to the Fee Award to Class CounselEscrow Account, and the incentive award any and all remaining interest or right of Defendant in or to the Class Representative Escrow Account, if any, shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per callextinguished. (f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable organization agreed upon by the Settling Parties and approved by the Court, or as otherwise directed by the Court.

Payments to Settlement Class Members. (a) Hearst Dart Casting, Inc. shall establish pay into the Escrow Account the amount of the Settlement Fund ($265,500.00) within twentythirty-eight five (2835) days after Preliminary Approvalthe Effective Date. (b) The Settlement Administrator shall issue a pro rata distribution of the Net Settlement Fund to all Settlement Class Members shall have until who are successfully delivered Notice and who do not timely exclude themselves from the Claims Deadline Settlement Class. This distribution to submit Claim Forms. Only one valid Claim Form Settlement Class Members will be honored per unique telephone number that received Telephone Calls. Each in the form of a check mailed for Settlement payments to each Settlement Class Members’ last known address as reflected by Dart Casting, Inc.’s records, or to an alternate address for any Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of the amount remaining in as determined by the Settlement Fund based upon the number Administrator pursuant to Paragraph 4.1 of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per callthis Agreement. (c) Within ninety forty-five (9045) days after of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall pay from pay: (1) the settlement payments to Settlement Class Members; (2) the Fee Award to Class Counsel, if any; (3) the Incentive Award to Plaintiff, if any; (4) the Settlement Fund all Approved Claims by check Administration Expenses (providing an invoice for same to Class Counsel and send said checks via first-class U.S. mail Defendant’s Counsel for review and approval prior to the Settlement Class Members who submitted all issuing such Approved Claimspayment). (d) Dart Casting, Inc. shall provide a Settlement Class Member’s social security number to the Settlement Administrator for settlement administration/tax purposes, upon request and in the event deemed necessary by the Settlement Administrator. (e) All cash payments checks issued to Settlement Class Members via check will state on the face of the check that the check it will expire and become null and void unless cashed within ninety (90) days after the date of issuance. (e) Any un-cashed checks mailing date. If a check issued to a Settlement Class Members in accordance with this AgreementMember is not cashed within ninety (90) days after the mailing date, such funds shall, subject to Court approval, be paid back to Dart Casting, Inc. and Dart Casting, Inc. shall have no further financial obligations as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per callwho do not cash their checks. (f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable organization agreed upon by the Settling Parties and approved by the Court, or as otherwise directed by the Court.

Payments to Settlement Class Members. (a) Hearst shall establish the Settlement Fund within twenty-eight (28) days after Preliminary Approval. (b) Settlement Class Members shall have until the Claims Deadline The amount paid to submit Claim Forms. Only one valid Claim Form will be honored per unique telephone number that received Telephone Calls. Each each Settlement Class Member who submits an Approved Claim shall be entitled calculated as follows: a. The Net Settlement Fund shall be allocated to a payment members of the Settlement Classes on a pro rata share basis, as follows: (1) 80% of the amount remaining in the Net Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award shall be allocated to the Class Representative, APPSN Fee Settlement Class; and any (2) 20% of the Net Settlement Fund shall be allocated to Retry Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per callSettlement Class. b. Payments to those members of the Classes (c“Individual Payments”) Within ninety shall be made no later than ten (9010) days after the Effective Date, or such other date as the Court may set, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail to the Settlement follows: (1) For those Class Members who submitted all such Approved Claimsare members of Defendant at the time of the distribution of the Net Settlement Fund, their individual checking or savings accounts shall be credited in the amount of the Individual Payment they are entitled to receive. (d2) All cash payments issued to Settlement For those Class Members via check will state on who are not members of Defendant at the face time of the distribution of the Net Settlement Fund, they shall be sent a check that by the check will expire and become null and void unless cashed within ninety Claims Administrator at the address used to provide the Notice, or at such other address as designated by the Class Member. The Class Member shall have one-hundred eighty (90180) days to negotiate the check. Any checks uncashed after the date of issuance. one-hundred eighty (e180) Any un-cashed checks issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative days shall be distributed to Class Members on a pro-rata basis if practical. Otherwise, any residual shall be distributed pursuant to Section 11. (3) Settlement Class Members with Approved Claims if practicable, provided, however, that in of the APPSN Fee Class shall be paid per incurred APPSN Fee calculated as follows: (0.8 of the Net Settlement Fund/Total APPSN Fees) x Total number of APPSN Fees charged to and paid by each APPSN Fee Class member; Settlement Class Members of the Retry NSF Fee Class shall be paid per Retry NSF Fee calculated as follows: (0.2 of the Net Settlement Fund/Total Retry NSF Fees) x Total number of Retry NSF Fees charged to and paid by each Retry NSF Fee Class member; c. In no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per call. (f) In the event that (i) monies remain in portion of the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and revert to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable organization agreed upon by the Settling Parties and approved by the Court, or as otherwise directed by the CourtDefendant.

Payments to Settlement Class Members. (a) Hearst shall establish the Settlement Fund within twenty-eight (28) days after Preliminary Approval. (b) Settlement Class Members shall have until the Claims Deadline to submit Claim Formsan Approved Claim. Only one valid Claim Form will The Settlement Administrator shall pay or cause to be honored per unique telephone number that received Telephone Calls. Each paid from the Settlement Fund the sum of One Hundred and Seventy-Five Dollars ($175.00) to each Settlement Class Member who submits files an Approved Claim shall be entitled Claim, subject to a payment of a possible pro rata share of increase or reduction as follows. If the total amount required to pay One Hundred and Seventy-Five Dollars ($175.00) for each Approved Claim would exceed the amount remaining in the Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any the incentive award to the Class Representative, and any the Fee Award to Class Counsel, then each Settlement Class Member with an Approved Claim shall receive a pro rata share of the Settlement Fund remaining after payment of such amounts. The payment Conversely, in the event that any amounts remain in the Settlement Fund after allocating One Hundred and Seventy-Five Dollars ($175.00) for each Approved Claim will be and payment of all Settlement Administration Expenses, the incentive award to the Class Representative, and the Fee Award to Class Counsel, then each Settlement Class Member with an Approved Claim shall receive a pro rata increase to their settlement payment, up to an amount not to exceed the statutory maximum amount allowed under M.C.L. § 445.1715(a). To the extent any funds remain after accounting for such increased or decreased depending on settlement payments, then such funds shall, subject to Court approval, revert to the total number of Approved Claims, but shall not exceed $500.00 per callMichigan Bar Foundation’s Access to Justice Fund. (cb) Within ninety forty-five (9045) days after the Effective DateDate has occurred, or such other date as the Court may set, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail them to the claiming Settlement Class Members who submitted all via first- class mail, unless payment of such Approved ClaimsClaims is under challenge pursuant to Paragraph 5.3 below. (dc) All cash payments issued to Settlement Class Members via check will state on the face of the check that the check it will expire and become null and void unless cashed within ninety (90) days after the date of issuance. (e) Any un-cashed checks . To the extent that a check issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any a Settlement Class Member is not cashed within ninety (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)90) exceed $1,500.00 per call. (f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining days after the distribution identified in Provision 2.1(b) is limited date of issuance, such that funds shall, subject to Court approval, revert to the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and Michigan Bar Foundation’s Access to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable organization agreed upon by the Settling Parties and approved by the Court, or as otherwise directed by the CourtJustice Fund.

Payments to Settlement Class Members. DocuSign Envelope ID: B979016B-909C-43B9-B843-D868BCF26B15 DocuSign Envelope ID: 1209863E-8E63-46C6-882D-0CF053D3FBBD (a) Hearst Within ten (10) days of entry of the Preliminary Approval Order, Defendants shall establish pay into the Escrow Account the sum of Twenty Thousand Dollars ($20,000.00), which shall be used to fund the Settlement Fund within twenty-eight (28) days after Preliminary ApprovalAdministration Expenses to the Settlement Administrator. (b) Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid a Claim Form will be honored per unique telephone number that received Telephone Callsfor approval by the Settlement Administrator as an Approved Claim. Each Settlement Class Member who submits an Approved Claim shall be entitled to will receive a payment of a pro rata share of the amount remaining in the Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per callPayment. (c) Within ninety five (905) days after of the Effective Date, or such other date as Defendants shall deposit into the Court may set, Escrow Account: (1) The Total Settlement Payments; (2) the Fee Award to Class Counsel; (3) the Incentive Award to Plaintiff; and (4) any amount remaining to fund the Settlement Administrator shall pay from Administration Expenses after deducting the Twenty Thousand Dollars ($20,000.00) payment (or the amount used to fund the the Settlement Administration Expense through the Effective Date) referenced in Paragraph 2.1(a), infra. Any amounts remaining in the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail after distribution of payments in this section shall revert to the Settlement Class Members who submitted all such Approved ClaimsDefendant or its insurer(s). (d) All cash payments issued to Defendants shall provide a Settlement Class Members Member’s social security number, if known, to the Settlement Administrator for settlement administration or tax purposes, upon request and in the event deemed necessary by the Settlement Administrator. (e) The Settlement Administrator shall issue all Settlement Payments via check and will state on the face of the check that the check it will expire and become null and void unless cashed within ninety (90) days after the date of issuance. (e) Any un-cashed checks . If a check issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any a Settlement Class Member is not negotiated within ninety (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)90) exceed $1,500.00 per call. (f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining days after the distribution identified in Provision 2.1(b) is limited date of issuance, such that the redistribution identified in Provision 2.1(e) is not practicable (e.g.checks shall, the amounts remaining subject to Court approval, be deemed void and to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining such cashed check funds shall be disbursed revert to a charitable organization agreed upon by the Settling Parties and approved by the Court, Defendants or as otherwise directed by the Courttheir insurer(s).

Payments to Settlement Class Members. Settlement Class Member Payments shall be calculated as follows: (aNet Settlement Fund/Total Retry Fees) Hearst shall establish the x Total Number of Retry Fees charged to and paid by each Settlement Fund within twenty-eight (28) days after Preliminary ApprovalClass Member = Settlement Class Member Payment. (b1) Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid Claim Form will be honored per unique telephone number that received Telephone Calls. Each Settlement Class Member who submits an Approved Claim Payments shall be entitled to a payment of a pro rata share of the amount remaining in the Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per call.made thirty (c) Within ninety (9030) days after the Effective Date, or such other date as the Court may set, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail to the follows: A. For Settlement Class Members who submitted all are Current Account Holders at the time of the distribution of the Net Settlement Fund, a credit in the amount of the Settlement Class Member Payment shall be applied to any Account they are maintaining at Defendant which is individually titled in that Settlement Class Member’s name (or Settlement Class Members’ names if the subject Settlement Class Member Payment is owing jointly to more than one Settlement Class Member), such Approved Claimsaccount shall be credited in the amount of the Settlement Class Member Payment. If Defendant is unable to complete certain credit(s), then Defendant shall deliver the total amount of such unsuccessful Settlement Class Member Payments to the Settlement Administrator to be paid by check in accordance with Section 8(iv)(1)(B), below. (d) All cash payments issued to B. For those Settlement Class Members via who are not able to receive a credit as provided for in Section 8(iv)(1)(A), above, they shall be sent a check by the Settlement Administrator in the amount of their Settlement Class Member Payment at the address used to provide the Notice, or at such other address as designated by the Settlement Class Member. For jointly held Accounts, checks will state be payable to all customers on the face Account, and will be mailed to the first customer listed on the Account. The Settlement Administrator shall make reasonable efforts to locate the proper address for any check returned by the Postal Service as undeliverable and will re-mail it once to the updated address or, in the case of the check that the check will expire a jointly held Account, and become null and void unless cashed within ninety (90) days after the date of issuance. (e) Any un-cashed checks issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund Administrator’s discretion, to an Account owner other than the one listed first. The Settlement Class Member shall have one-hundred eighty (180) days to negotiate the check. Any checks uncashed after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative one-hundred eighty (180) days shall be distributed pursuant to Section 11. C. Notwithstanding Sections 8(iv)(1)(A) and (B), above, for those Settlement Class Members with Approved Claims if practicablenegative balances or who otherwise owe money to Defendant, providedDefendant may credit that Settlement Class Member’s principal balance due, however, that in lieu of tender of their Settlement Class Member Payment to the extent of such balance due. (2) In no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per call. (f) In the event that (i) monies remain in portion of the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and revert to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable organization agreed upon by the Settling Parties and approved by the Court, or as otherwise directed by the CourtDefendant.