Review of Account Distributions. After a full calendar year has passed following implementation of these new Power Ranking criteria, the Industrial Psychologists to be appointed as set forth in Section VII.G.2 below will review how the process has been operating, including all exceptions and complaints. In addition, the Industrial Psychologists will also review annually the actual account distributions and related compensation data and the rankings of African American and Latino Financial Advisors on each of the individual factors and use such information in considering recommendations, if any, for changes to the Power Ranking formula. On an annual basis, the Industrial Psychologists shall report their findings and recommendations, if any, to the Diversity Monitor. Lead Class Counsel and counsel for Xxxxxx Xxxxxxx will reconvene to discuss the findings of the Industrial Psychologists and whether further appropriate changes to the Power Ranking criteria or distribution process should be made. The parties recognize that the Power Ranking system is subject to the Settlement Agreement in both this case and the Xxxxx-Xxxxxxx case pending in the United States District Court for the District of Columbia and that any material changes must be effectuated by mutual agreement among all parties. Notwithstanding this requirement, Xxxxxx Xxxxxxx may petition the Courts for permission to modify the system if Lead Counsel in both cases do not agree to a proposed modification.
