Common use of Satisfaction of Private Payors’ Interests Clause in Contracts

Satisfaction of Private Payors’ Interests. Each Program Participant and her counsel agree to comply with the requirements of one of the five options below relating to protecting the interests of Private Payors: (a) Option 1: Each Program Participant and her counsel agree to satisfy each and every requirement of Section 8.01(B) above with respect to all Private Payors identified pursuant to Section8.01(C)(1). (b) Option 2: If the Program Participant and each and every Private Payor identified pursuant to Section 8.01(C)(1) participate in the The YAZ Products Liability Litigation Private Lien Resolution Program administered by the Xxxxxxxxx Resolution Group (“PLRP”), then no amount needs to be withheld for payment of the Private Payors. (c) Option 3: If a Program Participant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1) does not participate in the PLRP (“Non- Participating Private Payor”) and the Program Participant provides notice of this settlement as set forth in Section 8.01(B)(2) to each such Non-Participating Private Payor, then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released 45 days after notice is given unless any Non- Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% shall be released only when the Program Participant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(b) shall govern. (d) Option 4: If a Program Participant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1) is a Non-Participating Private Payor and the Xxxxxxxxx Resolution Group provides a “generic notice” to such Non-Participating Private Payors, which notice is provided without any identifying information about the Program Participant but states that at least one of the Private Payors’ insureds has settled a claim related to the insureds’ alleged use of DCOCs and that a PLRP has been established, then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released 120 days after generic notice is given unless any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 days, the 30% shall be released only when such Program Participant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(b) shall govern. (e) Option 5: If a Program Participant does not participate in the PLRP and refuses to give notice to each and every Private Payor identified pursuant to Section 8.01(C)(1), then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released two years from the date such Program Participant’s Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(d). (f) Option 6: If a Program Participant did not have a Private Payor or governmental benefits that paid for her treatment, she shall provide an affidavit stating so. The result of submitting such an affidavit shall be that the entire amount of the award shall be released upon receipt of the affidavit by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to BHCP’s funding obligations into the Qualified Settlement Fund under Section 2.01 but is only a CONDITION PRECEDENT to the distribution of any funds withheld from the Program Participant’s Final Award from the Qualified Settlement Fund to the Program Participant.

Satisfaction of Private Payors’ Interests. Each Program Participant and his or her counsel agree to comply with the requirements of one of the five two options below relating to protecting the interests of Private Payors: (a) Option 1: Each The Program Participant Participant, through his or her counsel, is (1) processed through the PLRP administered by the Lien Resolution Administrator and (2) his or her counsel agree identifies to satisfy each and every requirement of Section 8.01(B) above with respect to the Lien Resolution Administrator all Private Payors identified pursuant to Section8.01(C)(1Section 13.01(C)(1). (b) Option 2: i. If the Program Participant and each and every Private Payor identified pursuant to Section 8.01(C)(113.01(C)(1) participate in the The YAZ Products Liability Litigation Private Lien Resolution Program PLRP administered by the Xxxxxxxxx Lien Resolution Group (“PLRP”)Administrator or no Private Payors are identified, then no the PLRP shall dictate the amount needs to be withheld for payment in the Qualified Settlement Fund, but in no event will that holdback exceed 30% of the Private Payorsgross settlement proceeds. (c) Option 3: ii. If a Program Participant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(113.01(C)(1) does not participate in the PLRP (“Non- Non-Participating Private Payor”) based on the Lien Resolution Administrator’s good faith effort in making such categorization and the Program Participant provides notice of this settlement as set forth in Section 8.01(B)(2) to each such Non-Participating Private Payor, then such Program Participant and his or her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released eligible for release 45 days after notice is given unless any Non- Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 daysdays (assertion of a right shall be defined as the provision of itemized medical claims); and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% shall be released only when the Program Participant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(d13.01(B)(2)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(b13.01(C)(2)(b) shall govern. NOTE: The 30% holdback in this section is inclusive of the PLRP holdback referenced in the previous section. The 30% holdback may not be able to be released under this section if the PLRP process is not yet complete for the Participant. (db) Option 42: If a The Program Participant participates in Participant, through their counsel, opts out of the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1) is a Non-Participating Private Payor and the Xxxxxxxxx Resolution Group provides a “generic notice” to such Non-Participating Private Payors, which notice is provided without any identifying information about the Program Participant but states that at least one of the Private Payors’ insureds has settled a claim related to the insureds’ alleged use of DCOCs and that a PLRP has been established, then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) Fund until the 30% shall be released 120 days after generic notice is given unless any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 days, the 30% shall be released only when such Program Participant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(b) shall govern. (e) Option 5: If a Program Participant does not participate in the PLRP and refuses to give notice to satisfies each and every requirement of Section 13.01(B) above with respect to all Private Payor Payors identified pursuant to Section 8.01(C)(1), then such Program Participant and her counsel agree: (113.01(C)(1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released two years from the date such Program Participant’s Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) or if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(d). (f) Option 6: If a Program Participant did not have a Private Payor or governmental benefits that paid for his or her treatment, he or she shall provide an affidavit stating so. The result of submitting such an affidavit shall be that the entire amount of the award shall be released upon receipt of the affidavit by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT conditions precedent in this Section is are not a CONDITION PRECEDENT conditions precedent to BHCPDaiichi Sankyo’s funding obligations into the Qualified Settlement Fund under Section 2.01 10.01, but is are only a CONDITION PRECEDENT conditions precedent to the distribution of any funds withheld from the Program Participant’s Final Award Settlement Payment(s) from the Qualified Settlement Fund to the Program Participant.

Satisfaction of Private Payors’ Interests. Each Program Participant and his or her counsel agree to comply with the requirements of one of the five two options below relating to protecting the interests of Private Payors: (a) Option 1: Each The Program Participant Participant, through his or her counsel, is (1) processed through the PLRP administered by the Lien Resolution Administrator and (2) his or her counsel agree identifies to satisfy each and every requirement of Section 8.01(B) above with respect to the Lien Resolution Administrator all Private Payors identified pursuant to Section8.01(C)(1Section 13.01(C)(1). (b) Option 2: i. If the Program Participant and each and every Private Payor identified pursuant to Section 8.01(C)(113.01(C)(1) participate in the The YAZ Products Liability Litigation Private Lien Resolution Program PLRP administered by the Xxxxxxxxx Lien Resolution Group (“PLRP”)Administrator or no Private Payors are identified, then no the PLRP shall dictate the amount needs to be withheld for payment in the Qualified Settlement Fund, but in no event will that holdback exceed 30% of the Private Payorsgross settlement proceeds. (c) Option 3: ii. If a Program Participant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(113.01(C)(1) does not participate in the PLRP (“Non- Non-Participating Private Payor”) based on the Lien Resolution Administrator’s good faith effort in making such categorization and the Program Participant provides notice of this settlement as set forth in Section 8.01(B)(2) to each such Non-Participating Private Payor, then such Program Participant and his or her counsel agree: (1) 30% of the gross settlement proceeds (or such other amount that Judge Xxxxx shall set (“Other Lien Amount”)) shall be withheld in the Qualified Settlement Fund; (2) the 30% (or Other Lien Amount) shall be released eligible for release 45 days after notice is given unless any Non- Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 daysdays (assertion of a right shall be defined as the provision of itemized medical claims); and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% (or Other Lien Amount) shall be released only when the Program Participant has reached a binding agreement with such Non-Non- Participating Private Payors as set forth in Section 8.01(B)(3)(d13.01(B)(2)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(b13.01(C)(2)(b) shall govern. . NOTE: The 30% (dor Other Lien Amount) Option 4: If a Program Participant participates holdback in this section is inclusive of the PLRP holdback referenced in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1) is a Non-Participating Private Payor and the Xxxxxxxxx Resolution Group provides a “generic notice” to such Non-Participating Private Payors, which notice is provided without any identifying information about the Program Participant but states that at least one of the Private Payors’ insureds has settled a claim related to the insureds’ alleged use of DCOCs and that a PLRP has been established, then such Program Participant and her counsel agree: (1) previous section. The 30% of the gross settlement proceeds shall (or Other Lien Amount) holdback may not be withheld in the Qualified Settlement Fund; (2) the 30% shall able to be released 120 days after generic notice is given unless any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 days; and (3) under this section if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 days, the 30% shall be released only when such Program Participant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(b) shall govern. (e) Option 5: If a Program Participant does not participate in the PLRP and refuses to give notice to each and every Private Payor identified pursuant to Section 8.01(C)(1), then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released two years from the date such Program Participant’s Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(d). (f) Option 6: If a Program Participant did not have a Private Payor or governmental benefits that paid for her treatment, she shall provide an affidavit stating so. The result of submitting such an affidavit shall be that the entire amount of the award shall be released upon receipt of the affidavit by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT in this Section process is not a CONDITION PRECEDENT to BHCP’s funding obligations into yet complete for the Qualified Settlement Fund under Section 2.01 but is only a CONDITION PRECEDENT to the distribution of any funds withheld from the Program Participant’s Final Award from the Qualified Settlement Fund to the Program Participant.

Satisfaction of Private Payors’ Interests. Each Program Participant and her counsel agree to comply with the requirements of one of the five six options below relating to protecting the interests of Private Payors: (a) Option 1: Each Program Participant and her counsel agree to satisfy each and every requirement of Section 8.01(BParagraph (B) above with respect to all Private Payors identified pursuant to Section8.01(C)(1Paragraph (C)(l ). (b) Option 2: If the Program Participant and each and every Private Payor identified pursuant to Section 8.01(C)(1Paragraph (C)(l) participate in the The YAZ Products Liability Litigation Rawlings Private Lien Resolution Program administered by the Xxxxxxxxx Resolution Group (“"PLRP”"), then no amount needs to Program Participant and her counsel agree: (1) 17.5% of the gross settlement proceeds shall be withheld for payment of in the QSF established pursuant to this Agreement if no Governmental Payors are identified pursuant to Paragraph (B)(l) above; (2) 20% shall be withheld in the Qualified Settlement Fund established pursuant to this Agreement if any Governmental Payors are identified and resolved pursuant to Paragraphs (B)(l) and (8)(3); and (3) the monies withheld will be released only when Program Participant has reached a binding agreement, as set forth in Paragraph (B)(3)(d), with each and every Private PayorsPayor and Governmental Payor, when applicable. (c) Option 3: If a Program Participant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1Paragraph (C)(l ) does not participate in the PLRP (“Non- "Non­ Participating Private Payor”") and the Program Participant provides notice of this settlement as set forth in Section 8.01(B)(2Paragraph (B)(2) to each such Non-Participating Private Payor, then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released 45 days after notice is given unless any Non- Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% shall be released only when the Program Participant has reached a binding agreement with such Non-Non­ Participating Private Payors as set forth in Section 8.01(B)(3)(dParagraph (B)(3)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bParagraph (C)(2)(b) shall govern. (d) Option 4: If a Program Participant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1Paragraph (C)(l) is a Non-Participating Private Payor and the Xxxxxxxxx Resolution Group Providio provides a “"generic notice” " to such Non-Non­ Participating Private Payors, which notice is provided without any identifying information about the Program Participant but states that at least one of the Private Payors’ ' insureds has settled a claim related to the insureds’ ' alleged use of DCOCs and that a PLRP has been established, then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released 120 90 days after generic notice is given unless any Non-Non­ Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 90 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 90 days, the 30% shall be released only when such Program Participant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dParagraph (B)(3)(d). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bParagraph (C)(2)(b) shall govern. (e) Option 5: If a Program Participant does not participate in the PLRP and refuses to give notice to each and every Private Payor identified pursuant to Section 8.01(C)(1Paragraph (C)(l ), then such Program Participant and her counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement Fund; (2) the 30% shall be released two years from the date such Program Participant’s 's Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(dParagraph (B)(3)(d). (f) Option 6: If a Program Participant did not have a Private Payor or governmental benefits that paid for her treatment, she both Program Participant and her counsel shall provide an affidavit affidavits, under penalty of perjury, attesting to their respective due diligence to identify any such payments and stating sothat after due diligence no benefits have been paid. The Subject to the obligation to satisfy Governmental Payors set forth in Paragraph (B), the result of submitting such an affidavit affidavits shall be that the entire amount of the award shall be released upon receipt of the affidavit affidavits by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to BHCP’s 's funding obligations into the Qualified Settlement Fund under Section 2.01 4.01 but is only a CONDITION PRECEDENT to the distribution of any funds withheld from the Program Participant’s 's Final Award from the Qualified Settlement Fund to the Program Participant.

Satisfaction of Private Payors’ Interests. Each Program Participant Claimant and her counsel Claimant’s Counsel agree to comply with the requirements of one of the five six options below relating to protecting the interests of Private Payors: (ai) Option 1: Each Program Participant Claimant and her counsel Claimant’s Counsel agree to satisfy each and every requirement of Section 8.01(B) II.F.2 above with respect to all Private Payors identified pursuant to Section8.01(C)(1Section II.F.3(a). (bii) Option 2: If the Program Participant Claimant and each and every Private Payor identified pursuant to Section 8.01(C)(1II.F.3(a) participate in the The YAZ Products Liability Litigation Private Lien Resolution Program administered by the Xxxxxxxxx Resolution Group (“PLRP”), then no amount needs to be withheld for payment of the Private Payors. (ciii) Option 3: If a Program Participant Claimant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1II.F.3(a) does not participate in the PLRP (“Non- Non-Participating Private Payor”) and the Program Participant Claimant provides notice of this settlement as set forth in Section 8.01(B)(2II.F.2(b) to each such Non-Participating Private Payor, then such Program Participant Claimant and her counsel Claimant’s Counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released 45 days after notice is given unless any Non- Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% shall be released only when the Program Participant Claimant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bII.F.3(b)(ii) shall govern. (div) Option 4: If a Program Participant Claimant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1II.F.3(a) is a Non-Non- Participating Private Payor and the Xxxxxxxxx Resolution Group provides a “generic notice” to such Non-Participating Private Payors, which notice is provided without any identifying information about the Program Participant Claimant but states that at least one of the Private Payors’ insureds has settled a claim related to the insureds’ alleged use of DCOCs a DCOC and that a PLRP has been established, then such Program Participant Claimant and her counsel Claimant’s Counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released 120 180 days after generic notice is given unless any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 180 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 180 days, the 30% shall be released only when such Program Participant Claimant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bII.F.3(b)(ii) shall govern. (ev) Option 5: If a Program Participant Claimant does not participate in the PLRP and refuses to give notice to each and every Private Payor identified pursuant to Section 8.01(C)(1II.F.3(a), then such Program Participant Claimant and her counsel Claimant’s Counsel agree: : (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released two years from the date such Program Participant’s this Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant Claimant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). (fvi) Option 6: If a Program Participant Claimant did not have a Private Payor or governmental benefits that paid for her treatment, she shall provide an affidavit stating so. The result of submitting such an affidavit shall be that the entire amount of the award shall be released upon receipt of the affidavit by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to BHCP’s funding obligations into the Qualified Settlement Fund under Section 2.01 but is only a CONDITION PRECEDENT to the distribution of any funds withheld from the Program ParticipantClaimant’s Final Award from the Qualified Settlement Fund to the Program ParticipantClaimant.

Satisfaction of Private Payors’ Interests. Each Program Participant Claimant and her counsel Claimant’s Counsel agree to comply with the requirements of one of the five six options below relating to protecting the interests of Private Payors: (ai) Option 1: Each Program Participant Claimant and her counsel Claimant’s Counsel agree to satisfy each and every requirement of Section 8.01(B) II.F.2 above with respect to all Private Payors identified pursuant to Section8.01(C)(1Section II.F.3(a). (bii) Option 2: If the Program Participant Claimant and each and every Private Payor identified pursuant to Section 8.01(C)(1II.F.3(a) participate in the The YAZ Products Liability Litigation Private Lien Resolution Program administered by the the Xxxxxxxxx Resolution Group (“PLRP”), then no amount needs to be withheld for payment of the Private Payors. (ciii) Option 3: If a Program Participant Claimant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1II.F.3(a) does not participate in the PLRP (“Non- Non-Participating Private Payor”) and the Program Participant Claimant provides notice of this settlement as set forth in Section 8.01(B)(2II.F.2(b) to each such Non-Participating Private Payor, then such Program Participant Claimant and her counsel Claimant’s Counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released 45 days after notice is given unless any Non- Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% shall be released only when the Program Participant Claimant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bII.F.3(b)(ii) shall govern. (div) Option 4: If a Program Participant Claimant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1II.F.3(a) is a Non-Non- Participating Private Payor and the Xxxxxxxxx Resolution Group provides a “generic notice” to such Non-Participating Private Payors, which notice is provided without any identifying information about the Program Participant Claimant but states that at least one of the Private Payors’ insureds has settled a claim related to the insureds’ alleged use of DCOCs a DCOC and that a PLRP has been established, then such Program Participant Claimant and her counsel Claimant’s Counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released 120 180 days after generic notice is given unless any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 180 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 180 days, the 30% shall be released only when such Program Participant Claimant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bII.F.3(b)(ii) shall govern. (ev) Option 5: If a Program Participant Claimant does not participate in the PLRP and refuses to give notice to each and every Private Payor identified pursuant to Section 8.01(C)(1II.F.3(a), then such Program Participant Claimant and her counsel Claimant’s Counsel agree: : (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released two years from the date such Program Participant’s this Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant Claimant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). (fvi) Option 6: If a Program Participant Claimant did not have a Private Payor or governmental benefits that paid for her treatment, she shall provide an affidavit stating so. The result of submitting such an affidavit shall be that the entire amount of the award shall be released upon receipt of the affidavit by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to BHCP’s funding obligations into the Qualified Settlement Fund under Section 2.01 but is only a CONDITION PRECEDENT to the distribution of any funds withheld from the Program ParticipantClaimant’s Final Award from the Qualified Settlement Fund to the Program ParticipantClaimant.

Satisfaction of Private Payors’ Interests. Each Program Participant Claimant and her counsel Xxxxxxxx’s Counsel agree to comply with the requirements of one of the five six options below relating to protecting the interests of Private Payors: (ai) Option 1: Each Program Participant Claimant and her counsel Xxxxxxxx’s Counsel agree to satisfy each and every requirement of Section 8.01(B) II.F.2 above with respect to all Private Payors identified pursuant to Section8.01(C)(1Section II.F.3(a). (bii) Option 2: If the Program Participant Claimant and each and every Private Payor identified pursuant to Section 8.01(C)(1II.F.3(a) participate in the The YAZ Products Liability Litigation Private Lien Resolution Program administered by the Xxxxxxxxx Resolution Group (“PLRP”), then no amount needs to be withheld for payment of the Private Payors. (ciii) Option 3: If a Program Participant Claimant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1II.F.3(a) does not participate in the PLRP (“Non- Non-Participating Private Payor”) and the Program Participant Claimant provides notice of this settlement as set forth in Section 8.01(B)(2II.F.2(b) to each such Non-Participating Private Payor, then such Program Participant Claimant and her counsel Claimant’s Counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released 45 days after notice is given unless any Non- Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 45 days, the 30% shall be released only when the Program Participant Claimant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bII.F.3(b)(ii) shall govern. (div) Option 4: If a Program Participant Claimant participates in the PLRP but at least one of the Private Payors identified pursuant to Section 8.01(C)(1II.F.3(a) is a Non-Non- Participating Private Payor and the Xxxxxxxxx Resolution Group provides a “generic notice” to such Non-Participating Private Payors, which notice is provided without any identifying information about the Program Participant Claimant but states that at least one of the Private Payors’ insureds has settled a claim related to the insureds’ alleged use of DCOCs a DCOC and that a PLRP has been established, then such Program Participant Claimant and her counsel Claimant’s Counsel agree: (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released 120 180 days after generic notice is given unless any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 180 days; and (3) if any Non-Participating Private Payor asserts a right to a portion of the settlement proceeds during these 120 180 days, the 30% shall be released only when such Program Participant Claimant has reached a binding agreement with such Non-Participating Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). If all such Non-Participating Private Payors agree to participate in the PLRP, then the procedures set forth in Section 8.01(C)(2)(bII.F.3(b)(ii) shall govern. (ev) Option 5: If a Program Participant Claimant does not participate in the PLRP and refuses to give notice to each and every Private Payor identified pursuant to Section 8.01(C)(1II.F.3(a), then such Program Participant Claimant and her counsel Xxxxxxxx’s Counsel agree: : (1) 30% of the gross settlement proceeds shall be withheld in the Qualified Settlement FundQSF established pursuant to the SA; (2) the 30% shall be released two years from the date such Program Participant’s this Release is executed unless any Private Payor asserts a right to a portion of the settlement proceeds during these two years; and (3) if any Private Payor asserts a right to a portion of the settlement proceeds during these two years, the 30% shall be released only when the Program Participant Claimant has reached a binding agreement with such Private Payors as set forth in Section 8.01(B)(3)(dII.F.2(c)(iv). (fvi) Option 6: If a Program Participant Claimant did not have a Private Payor or governmental benefits that paid for her treatment, she shall provide an affidavit stating so. The result of submitting such an affidavit shall be that the entire amount of the award shall be released upon receipt of the affidavit by the Claims Administrator. For the avoidance of doubt, the CONDITION PRECEDENT in this Section is not a CONDITION PRECEDENT to BHCP’s funding obligations into the Qualified Settlement Fund under Section 2.01 but is only a CONDITION PRECEDENT to the distribution of any funds withheld from the Program ParticipantClaimant’s Final Award from the Qualified Settlement Fund to the Program ParticipantClaimant.