Common use of Relief to Settlement Class Members Clause in Contracts

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton shall deposit into the Settlement Bank Account such funds as are necessary to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than the Settlement Fund. In the event that this Settlement Agreement terminates or is not approved, any advances paid to the Settlement Administrator by Eurton that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by Eurton. b. To facilitate the notice and claims administration process, Eurton and its counsel will provide to the Settlement Administrator and to Class Counsel, in an electronically searchable and readable format, the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice to the Settlement Class and informing them about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Order, shall not be disclosed to any third party other than the parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. Each Settlement Class Member who submits a Valid Claim Form, qualifies for payment by having a number on the Class List, and is otherwise approved pursuant to Section III.2 shall be eligible to receive one (1) Claimant Payment equal to one (1) Award Unit, the value of which is two hundred dollars ($200.00 USD). e. Settlement Checks for the Claimant Payments shall be valid for ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time will remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator will make one (1) attempt at re-mailing to the address on file or to any updated address determined by using the national change of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. Notwithstanding any judgment, principle, or statute, there shall be no interest accrued, owing, or paid by Eurton on the Claimant Payments, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton Xxxxxx shall deposit into the Settlement Bank Account such funds as are necessary four million dollars ($4,000,000.00 USD) less any amounts already paid to the Settlement Administrator. Xxxxxx shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Xxxxxx be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. In the event that this Settlement Agreement terminates or is not approved, any advances paid to the Settlement Administrator by Eurton Xxxxxx that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton Xxxxxx by payment to an account designated by EurtonXxxxxx. b. To In order to facilitate the notice and claims administration process, Eurton and its counsel will the Parties shall provide to the Settlement Class Administrator and to Class Counsel, in an electronically searchable and readable format, with the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderthe stipulated protective order, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one Deadline with either (a) a valid claim for each facsimile ID, or (b) a phone number that received an allegedly offending telephone call shall be permittedis on the Class List. d. Each Settlement Class Member who submits a timely and Valid Claim Form shall receive a pro rata share of the Settlement Fund, after payment of Settlement Administration Costs, the Fee Award, and the Incentive Award. Each Settlement Class Member shall receive one payment per valid phone number associated with a Valid Claim Form, qualifies for payment by having irrespective of the number of text messages received at any given phone number. If a number on the Settlement Class List, Member who is an individual and is otherwise approved pursuant to Section III.2 shall be eligible entitled to receive one (1) Claimant Payment equal $600 or more fails to one (1) Award Unitdeliver a signed and completed Form W-9 to the Settlement Administrator by the Final Approval Hearing, the value Settlement Class Member’s payment will be subject to appropriate treatment as required by then-existing rules and regulations of which is two hundred dollars ($200.00 USD). e. the Internal Revenue Service. Any Settlement Checks for Class Member who does not submit a Valid Claim Form by the Claimant Payments Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the Settlement Fund. All Settlement Class Members will be valid for informed that checks containing payments must be cashed within ninety (90) days of issuance or else the check will be void and they will have no further right or entitlement to any payment under the terms of this settlement. e. Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Xxxxxx on Valid Claim Forms, Settlement Checks, the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. f. To the extent that any Settlement Checks remain uncashed after issuance. Any the void date, if it is administratively feasible, the Settlement Administrator shall distribute the funds associated with Settlement Checks not cashed by those checks to Settlement Class Members within that time will who cashed their check from the first distribution on a pro rata basis. If a second distribution is not administratively feasible, or if any amounts remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to after the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checkssecond distribution, the Settlement Class Administrator will make one (1) attempt at re-mailing to the address on file or to pay any updated address determined by using the national change of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid such funds to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. Notwithstanding any judgment, principle, or statute, there shall be no interest accrued, owing, or paid by Eurton on the Claimant Payments, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton Target shall pay to the Settlement Administrator for deposit into the Settlement Bank Account such funds as are necessary two million two hundred and seventy-five thousand dollars ($2,275,000.00 USD) less any amounts already paid to the Settlement Administrator. Target shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Target be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. Under no circumstances will any portion of the Settlement Fund revert to Target except under the circumstances set forth in this paragraph. In the event that this Settlement Agreement terminates or is not approvedfinally approved or otherwise terminates, any advances paid to the Settlement Administrator by Eurton Target that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonTarget in the manner that Target directs. b. To In order to facilitate the notice and claims administration process, Eurton and its counsel will the Parties shall provide to the Settlement Class Administrator and to Class Counsel, in an electronically searchable and readable format, with the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderconfidence, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. Each Settlement Class Member who submits a timely and Valid Claim FormForm shall receive a pro rata share of the Settlement Fund, qualifies for after payment by having a number on of Settlement Administration Costs, the Class ListFee Award, and the Incentive Award. Each Settlement Class Member shall receive one payment per Valid Claim submitted, irrespective of the number of telephone calls made to any given Settlement Class Member. If a Settlement Class Member who is otherwise approved pursuant to Section III.2 shall be eligible an individual and is entitled to receive one (1) Claimant Payment equal $600 or more fails to one (1) Award Unitdeliver a signed and completed Form W-9 to the Settlement Administrator by the Final Approval Hearing, the value Settlement Class Member’s payment will be subject to appropriate treatment as required by then-existing rules and regulations of which is two hundred dollars ($200.00 USD). e. the Internal Revenue Service. Any Settlement Checks for Class Member who does not submit a Valid Claim Form by the Claimant Payments Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the Settlement Fund. All Settlement Class Members will be valid for informed that checks containing payments must be cashed within ninety (90) days of issuance or else the check will be void and they will have no further right or entitlement to any payment under the terms of this settlement. e. Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Target on Valid Claim Forms, Settlement Checks, the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. f. To the extent that any Settlement Checks remain uncashed after issuance. Any the void date, if it is administratively feasible, the Settlement Administrator shall distribute the funds associated with Settlement Checks not cashed by those checks to Settlement Class Members within that time will who cashed their check from the first distribution on a pro rata basis. If a second distribution is not administratively feasible, or if any amounts remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to after the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checkssecond distribution, the Settlement Class Administrator will make one (1) attempt at re-mailing to the address on file or to pay any updated address determined by using the national change of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid such funds to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. Notwithstanding any judgment, principle, or statute, there shall be no interest accrued, owing, or paid by Eurton on the Claimant Payments, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton Cenlar shall pay to the Settlement Administrator for deposit into the Settlement Bank Account such funds as are necessary six hundred and twelve thousand and five hundred dollars ($612,500 USD) less any amounts already paid to the Settlement Administrator for administration costs. Cenlar shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Cenlar be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. Under no circumstances will any portion of the Settlement Fund revert to Cenlar except under the circumstances set forth in this paragraph. In the event that this Settlement Agreement terminates or is not approvedfinally approved or otherwise terminates, any advances paid to the Settlement Administrator by Eurton Cenlar that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonCenlar in the manner that Cenlar directs. b. To In order to facilitate the notice and claims administration process, Eurton and its counsel will the Parties shall provide to the Settlement Class Administrator and to Class Counsel, in an electronically searchable and readable format, with the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderconfidence, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. Each Settlement Class Member who submits a timely and Valid Claim FormForm shall receive a pro rata share of the Settlement Fund, qualifies for after payment by having a number on of Settlement Administration Costs, the Class ListFee Award, and the Incentive Award. Each Settlement Class Member shall receive one payment per Valid Claim submitted, irrespective of the number of telephone calls made to any given Settlement Class Member. If a Settlement Class Member who is otherwise approved pursuant to Section III.2 shall be eligible an individual and is entitled to receive one (1) Claimant Payment equal $600 or more fails to one (1) Award Unitdeliver a signed and completed Form W-9 to the Settlement Administrator, the value Settlement Class Member’s payment will be subject to appropriate treatment as required by then-existing rules and regulations of which is two hundred dollars ($200.00 USD). e. the Internal Revenue Service. Any Settlement Checks for Class Member who does not submit a Valid Claim Form by the Claimant Payments Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the Settlement Fund. All Settlement Class Members will be valid for informed that checks containing payments must be cashed within ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time of issuance or else the check will remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator be void and they will make one (1) attempt at re-mailing to the address on file have no further right or entitlement to any updated address determined by using payment under the national change terms of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailingthis settlement. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. e. Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Eurton Cenlar on the Claimant PaymentsValid Claim Forms, or on Settlement Checks, the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree f. To the extent that 95% of all funds remaining in any Settlement Checks remain uncashed after the void date, the Settlement Fund after payment Administrator shall distribute the funds associated with those checks to Settlement Class Members who cashed their check from the first distribution on a pro rata basis if the value of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert the Second Distribution to Eurton. The Parties further agree that 5% of all funds remaining in the qualifying Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.Class Members equals or exceeds

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton Naturelo shall pay to the Settlement Administrator for deposit into the Settlement Bank Account such funds as are necessary one million five hundred thousand dollars ($1,500,000.00 USD) less any amounts already paid to the Settlement Administrator. Naturelo shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Naturelo be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. Under no circumstances will any portion of the Settlement Fund revert to Naturelo except under the circumstances set forth in this paragraph. In the event that this Settlement Agreement terminates or is not approvedfinally approved or otherwise terminates, any advances paid to the Settlement Administrator by Eurton Naturelo that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonNaturelo in the manner that Naturelo directs. b. To In order to facilitate the notice and claims administration process, Eurton the Parties shall provide the Settlement Class Administrator with the known name, address and its counsel will provide email address of Settlement Class Members available to the Parties. Any information provided to the Settlement Class Administrator and to Class Counsel, in an electronically searchable and readable format, the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderconfidence, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. Each Settlement Class Member who submits a timely and Valid Claim Form, qualifies for payment by having Form shall receive a number on the Class List, and is otherwise approved pursuant to Section III.2 shall be eligible to receive one (1) Claimant Payment equal to one (1) Award Unit, the value pro-rata share of which is two hundred dollars ($200.00 USD). e. Settlement Checks for the Claimant Payments shall be valid for ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time will remain in the Settlement Fund unless such Settlement Check based on whether or not there is returned as undeliverable to Proof of Purchase and the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator will make one (1) attempt at re-mailing to the address on file or to any updated address determined by using the national change number of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund Supplements purchased after payment of all Claimant Payments, Settlement Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. Notwithstanding any judgment, principle, or statute, there shall be no interest accrued, owing, or paid by Eurton on the Claimant Payments, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and the Incentive Award, if any, shall revert Award according to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.following formula:

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton Mesa Labs shall deposit into the Settlement Bank Account such funds as are necessary three million and three hundred thousand dollars ($3,300,000.00 USD) less the initial funding deposit of two hundred thousand dollars ($200,000.00 USD). Mesa Labs shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Mesa Labs be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. In the event that this Settlement Agreement terminates or is not approved, any advances paid to the Settlement Administrator by Eurton Mesa Labs that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton Mesa Labs by payment to an account designated by EurtonMesa Labs. b. To Within 10 days of entry of the Preliminary Approval Order, and in order to facilitate the notice and claims administration process, Eurton and its counsel will Mesa Labs shall provide to the Settlement Class Administrator and to Class Counsel, in an electronically searchable and readable format, with the Class ListList containing fax numbers and any additional information available in MS Word or Excel format. Any information on the Class List shall be provided solely for the purpose of providing notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderstipulated protective order, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each Deadline and the facsimile number that received an allegedly offending telephone call shall be permittedthey submit on their Valid Claim Form is on the Class List. d. Each Settlement Class Member who submits a timely and Valid Claim Form, qualifies for payment by having Form shall receive a number on the Class List, and is otherwise approved pursuant to Section III.2 shall be eligible to receive one (1) Claimant Payment equal to one (1) Award Unit, the value pro rata share of which is two hundred dollars ($200.00 USD). e. Settlement Checks for the Claimant Payments shall be valid for ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time will remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator will make one (1) attempt at re-mailing to the address on file or to any updated address determined by using the national change of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund after payment of all Settlement Administration Costs, the Fee Award, and the Incentive Award. If a Settlement Class Member who is an individual and is entitled to receive $600 or more fails to deliver a signed and completed Form W-9 to the Settlement Administrator by the Final Approval Hearing, the Settlement Class Member’s payment will be subject to appropriate treatment as required by then-existing rules and regulations of the Internal Revenue Service. Any Settlement Class Member who does not submit a Valid Claim Form by the Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the Settlement Fund. All Settlement Class Members will be informed that checks containing payments must be cashed within ninety (90) days of issuance or else the check will be void and they will have no further right or entitlement to any payment under the terms of this settlement. e. Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Mesa Labs on the Claimant Payments, Administration Costsor on the Settlement Fund, Fee Award and Incentive Award, and or on any other benefit available (or potentially available) under this Agreement. f. To the extent that any Settlement Checks remain uncashed after the Reversion described belowvoid date, if it is administratively feasible, the Settlement Administrator shall distribute the funds associated with those checks to Settlement Class Members who cashed their check from the first distribution on a pro rata basis. If a second distribution is not administratively feasible, or if any amounts remain in the Settlement Fund after the second distribution, the Class Administrator will be paid pay any such funds to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. Notwithstanding any judgment, principle, or statute, there shall be no interest accrued, owing, or paid by Eurton on the Claimant Payments, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.

Relief to Settlement Class Members. a. 3.1.1 No later than the Funding Date, Eurton Xxxxx Fargo Auto shall pay the Settlement Funds to the Settlement Administrator for deposit into the Settlement Fund Bank Account such funds as are necessary to pay Valid Claims, Settlement Administration Costs, and Account. Xxxxx Fargo Auto shall not be responsible for any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment payments or obligations under this Settlement other than the Settlement Fundthose specified in this Agreement. In the event that this Settlement Agreement terminates or is not approvedfinally approved or otherwise terminates, any advances paid to the Settlement Administrator by Eurton Xxxxx Fargo Auto that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonXxxxx Fargo Auto in the manner that Xxxxx Fargo Auto directs. b. 3.1.2 To facilitate the notice and claims administration process, Eurton and its counsel will Xxxxx Fargo Auto shall provide to the Settlement Administrator and to Class Counsel, in an electronically searchable and readable format, with the Class List. The Settlement Administrator will confirm to the Parties that the Class List contains the names, addresses and telephone numbers of the 20,757 Settlement Class Members. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderconfidence, shall not be disclosed to any third party other than the parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration processparty, shall be used for no other cases, and shall be used for no other purpose. c. 3.1.3 Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for direct payment from the Settlement Fund if so long as they submit a Valid Claim Form before do not Successfully Opt-Out by the Claims Opt-Out Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. 3.1.4 Each Settlement Class Member who submits shall receive, an Initial Settlement Check, constituting a Valid Claim Formpro rata share of the Settlement Fund, qualifies for after payment by having a number on of Settlement Administration Costs, the Class ListFee Award, and is otherwise approved pursuant to Section III.2 the Incentive Award. 3.1.5 The amount of the Initial Settlement Check shall be eligible irrespective of the number of telephone calls made to receive one (1) Claimant Payment equal to one (1) Award Unit, the value of which is two hundred dollars ($200.00 USD)each Settlement Class Member. e. 3.1.6 Any Remaining Funds from uncashed Initial Settlement Checks for the Claimant Payments shall be valid for ninety after forty- five (9045) days after issuanceof issuance will remain part of the Settlement Fund. Any funds associated with The Settlement Checks not cashed by Administrator will issue a Second Settlement Check constituting a pro rata share of the Remaining Funds to all Settlement Class Members within that time will remain in who cashed their Initial Settlement Checks. However, if the remaining pro rata share of the Settlement Fund unless such is less than $5.00 for each Settlement Check is returned as undeliverable to the Class Member who cashed their Initial Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement ChecksCheck, the Settlement Administrator will make one (1) attempt at re-mailing to the address on file or to not issue Second Settlement Checks and any updated address determined by using the national change of address registry. Re-mailed checks shall Remaining Funds will instead be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award included and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts Recipient pursuant to Section 3.1.9 below. 3.1.7 All Settlement Class Members will be distributed in equal amounts informed that Settlement Checks must be cashed within forty-five (45) days of issuance or else the checks will be void and Settlement Class Members will have no further right or entitlement to each Cy Pres Recipientany payment under the terms of this Settlement. g. 3.1.8 Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Eurton on the Claimant PaymentsXxxxx Fargo Auto via Settlement Checks, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% 3.1.9 If any amount of all funds remaining remain in the Settlement Fund after payment forty-five (45) days after issuance of Valid Claimsthe Second Settlement Checks, Administration Coststhe Class Administrator will pay any such funds to the Cy Pres Recipient, Fee Award, and Incentive Award, if any, shall revert to Eurtonagreed by the Parties. The Parties further agree that 5% No portion of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid will revert to a cy pres recipient approved by the CourtXxxxx Fargo Auto.

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton MCM shall deposit into pay to the Settlement Bank Account such funds as are necessary Administrator seven hundred and twenty-five thousand dollars ($725,000 USD) less any amounts already paid to the Settlement Administrator. MCM shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will MCM be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. Under no circumstances will any portion of the Settlement Fund revert to MCM except under the circumstances set forth in this paragraph. In the event that this Settlement Agreement terminates or is not approvedfinally approved or otherwise terminates, any advances paid to the Settlement Administrator by Eurton MCM that have not been spent, spent and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonMCM in the manner that MCM directs. b. To In order to facilitate the notice and claims administration process, Eurton and its counsel will the Parties shall provide to the Settlement Class Administrator and to with the Class Counsel, in an electronically searchable and readable formatList consisting of the name of each Settlement Class Member, the Class Listtelephone number(s) and last known address according to XXX’s records. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderconfidence, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. Each Settlement Class Member who submits a timely and Valid Claim FormForm shall receive a pro rata share of the Settlement Fund, qualifies for after payment by having a number on of Settlement Administration Costs, the Class ListFee Award, and is otherwise approved pursuant to Section III.2 the Incentive Award. Each Settlement Class Member shall be eligible to receive one (1) Claimant Payment equal payment per Valid Claim Form submitted, irrespective of the number of telephone calls made to one (1) Award Unitany given Settlement Class Member. Any Settlement Class Member who does not submit a Valid Claim Form by the Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the value of which is two hundred dollars ($200.00 USD). e. Settlement Checks for the Claimant Payments shall Fund. All Settlement Class Members will be valid for informed that checks containing payments must be cashed within ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time of issuance or else the check will remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator be void and they will make one (1) attempt at re-mailing to the address on file have no further right or entitlement to any updated address determined by using payment under the national change terms of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailingthis settlement. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. e. Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Eurton MCM on the Claimant PaymentsValid Claim Forms, or on Settlement Checks, the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The f. To the extent that any Settlement Checks remain uncashed after the void date, the Parties agree that 95% will confer concerning whether a second distribution is feasible considering the associated costs and recovery. Following such conferral, one or both Parties may petition the Court to approve a further distribution. In the absence of all funds remaining such an approved petition, or following the completion of any further distribution, and if any amounts remain in the Settlement Fund after payment of Valid ClaimsFund, Administration Costs, Fee Award, and Incentive Award, if any, shall revert the Class Administrator will pay any such funds to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient Cy Pres Recipient approved by the CourtCourt and agreed to by the parties.

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton Citizens shall pay to the Settlement Administrator for deposit into the Settlement Bank Account such funds as are necessary one million four hundred and eighty thousand dollars ($1,480,000.00 USD) less any amounts already paid to the Settlement Administrator for administration costs. Citizens shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Citizens be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. Under no circumstances will any portion of the Settlement Fund revert to Citizens except under the circumstances set forth in this paragraph. In the event that this Settlement Agreement terminates or is not approvedfinally approved or otherwise terminates, any advances paid to the Settlement Administrator by Eurton Citizens that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonCitizens in the manner that Citizens directs. b. To In order to facilitate the notice and claims administration process, Eurton and its counsel will the Parties shall provide to the Settlement Class Administrator and to Class Counsel, in an electronically searchable and readable format, with the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice Notice to the Settlement Class and informing them Settlement Class Members about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderconfidence, shall not be disclosed to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each facsimile number that received an allegedly offending telephone call shall be permitted. d. Each Settlement Class Member who submits a timely and Valid Claim FormForm shall receive a pro rata share of the Settlement Fund, qualifies for after payment by having a number on of Settlement Administration Costs, the Class ListFee Award, and the Incentive Award. Each Settlement Class Member shall receive one payment per Valid Claim submitted, irrespective of the number of telephone calls made to any given Settlement Class Member. If a Settlement Class Member who is otherwise approved pursuant to Section III.2 shall be eligible an individual and is entitled to receive one (1) Claimant Payment equal $600 or more fails to one (1) Award Unitdeliver a signed and completed Form W-9 to the Settlement Administrator, the value Settlement Class Member’s payment will be subject to appropriate treatment as required by then-existing rules and regulations of which is two hundred dollars ($200.00 USD). e. the Internal Revenue Service. Any Settlement Checks for Class Member who does not submit a Valid Claim Form by the Claimant Payments Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the Settlement Fund. All Settlement Class Members will be valid for informed that checks containing payments must be cashed within ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time of issuance or else the check will remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator be void and they will make one (1) attempt at re-mailing to the address on file have no further right or entitlement to any updated address determined by using payment under the national change terms of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailingthis settlement. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. e. Notwithstanding any judgment, principle, common law rule or statute, there shall be no interest accrued, owing, or paid by Eurton Citizens on the Claimant PaymentsValid Claim Forms, or on Settlement Checks, the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree f. To the extent that 95% of all funds remaining in any Settlement Checks remain uncashed after the void date, the Settlement Fund after payment Administrator shall distribute the funds associated with those checks to Settlement Class Members who cashed their check from the first distribution on a pro rata basis if the value of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert the Second Distribution to Eurton. The Parties further agree that 5% of all funds remaining in the qualifying Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.Class Members equals or exceeds

Relief to Settlement Class Members. a. No later than the Funding Date, Eurton shall deposit into Defendants will establish the Settlement Bank Account such funds as are necessary Fund for payment to Settlement Class Members who return Valid Claim Forms. Defendants shall not be responsible for any payments or obligations other than those specified in this Agreement. Under no circumstances will Defendants be obligated to pay Valid Claims, Settlement Administration Costs, and any amounts for Attorneys Fees, Incentive Award, and cy prespayments as approved by the court. Eurton shall have no payment obligations under this Settlement other than outside of the Settlement Fund. In the event that this Settlement Agreement terminates for any reason or is not approved, Plaintiff agrees that any advances paid to the Settlement Administrator by Eurton Defendants that have not been spent, and are not required for amounts that are due and payable for reasonable and identified notice and administration costs already incurred, shall, within ten (10) business days, be returned by the Settlement Administrator to Eurton by payment to an account designated by EurtonDefendants. b. To facilitate the notice and claims administration process, Eurton and its counsel the Parties will provide to the Settlement Administrator and to Class Counsel, in an electronically searchable and readable format, the Class List. Any information on the Class List shall be provided solely for the purpose of providing notice to the Settlement Class and informing them about their rights further to this Settlement, shall be kept in strict confidence and, subject to a Stipulated Protective Orderstipulated protective order, shall not be disclosed by the Settlement Administrator to any third party other than the parties Parties to this Agreement and their counsel if necessary to effectuate the terms of the Agreement or the administration process, shall be used for no other cases, and shall be used for no other purpose. c. Subject to the terms and conditions of this Agreement, Settlement Class Members shall qualify for payment from the Settlement Fund if they submit a Valid Claim Form before the Claims Deadline. Only one claim for each Deadline and the facsimile number that received an allegedly offending telephone call shall be permittednumber(s) they identify on their Valid Claim Form is/are on the Class List. d. Each Settlement Class Member who submits a timely and Valid Claim FormForm shall receive one pro rata share of the Settlement Fund, qualifies for payment by having a each facsimile number on in the Class List, irrespective of the number of faxes received, after payment of the Fee Award awarded by the Court, the Incentive Award awarded by the Court, all Settlement Administration Costs and is otherwise approved pursuant to Section III.2 shall be eligible any other sums awarded by the Court consistent with this Agreement. If a Settlement Class Member entitled to receive one (1) Claimant Payment equal $600 or more fails to one (1) Award Unitdeliver a signed and completed Form W-9 to the Settlement Administrator, the value Settlement Class Member’s payment will be subject to appropriate treatment as required by then-existing rules and regulations of which is two hundred dollars the Internal Revenue Service. Any Settlement Class Member who does not submit a Valid Claim Form by the Claims Deadline, as shown by postmark or other identifiable date of transmission, shall receive no monetary payment from the Settlement Fund. All Settlement Class Members will be informed that checks containing payments must be cashed within ninety ($200.00 USD)90) days of issuance or else the check will be void and they will have no further right or entitlement to any payment under the terms of this settlement. e. The Settlement Administrator will treat as a Valid Claim Form each “Valid Claim Form” submitted in the Xxxxx Settlement, unless the claimant submits an opt- out request in this Settlement. f. Settlement Checks for the Claimant Payments payment on Valid Claim Forms shall be valid for ninety (90) days after issuance. Any funds associated with Settlement Checks not cashed by Settlement Class Members within that time will remain in the Settlement Fund unless such Settlement Check is returned as undeliverable to the Settlement Administrator within the 90-day period after issuance (“Returned Settlement Checks”). With respect to Returned Settlement Checks, the Settlement Administrator will make one (1) attempt at re-mailing to the address on file or to any updated address determined by using the national change of address registry. Re-mailed checks shall be valid for ninety (90) days after issuance of the re-mailing. f. Any amounts remaining in the Settlement Fund after payment of all Claimant Payments, Administration Costs, Fee Award and Incentive Award, and after the Reversion described below, will be paid to the Cy Pres Recipient(s) approved by the Court. If there is more than one Cy Pres Recipient, the remaining amounts will be distributed in equal amounts to each Cy Pres Recipient. g. Notwithstanding any judgment, principle, or statute, there shall be no interest accrued, owing, or paid by Eurton Defendants on the Claimant Paymentspayments to Settlement Class Members, or on the Settlement Fund, or on any other benefit available (or potentially available) under this Agreement. h. The Parties agree that 95% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall revert to Eurton. The Parties further agree that 5% of all funds remaining in the Settlement Fund after payment of Valid Claims, Administration Costs, Fee Award, and Incentive Award, if any, shall be paid to a cy pres recipient approved by the Court.