Common use of Settlement Administration Clause in Contracts

Settlement Administration. 6.1 Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.

Settlement Administration. 6.1 Apple 6.1. FieldTurf will provide to the Settlement Administrator (but not to Class Counsel) with the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers physical addresses for all Settlement Class Members with respect to whom whose records it has recordscan locate through reasonable efforts. The Settlement Administrator shall administer the notice Email, Mail, and Website Notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Settlement Class Member Members’ identities and contact information strictly confidential and shall only use them for purposes of administrating administering this Settlement. 6.2 6.2. The Settlement Administrator shall provide weekly updates to FieldTurf on any and all Claim Forms received, and shall provide such update at FieldTurf’s request. 6.3. The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The 6.3.1. Class Counsel or the Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxxWebsite with a mutually acceptable domain name. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include case-related documents, including, but not limited to, the operative complaint and answer to that complaint, this Settlement Agreement, the Long-form Claim Form, the Website Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object submit an Objection or request exclusion, and contact information for Class Counsel Counsel, FieldTurf Counsel, and the Settlement Administrator, and an email address that Class Members may use to submit the Claim Form and documentation to the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in shall remain accessible until thirty (30) calendar days after the ClassSettlement Administrator has completed its obligations under this Settlement Agreement. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 6.3.2. The Settlement Administrator shall email to each Settlement Class Member for whom Apple has FieldTurf can locate an email address through reasonable efforts a copy of the Email Notice substantially in the form attached hereto as Exhibit A. B. The Email Notice shall inform Settlement Class Members of the fact of the settlement Settlement and that settlement Settlement information is available on the Settlement Website or by calling the Toll-Free NumberWebsite. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the 6.3.3. The Settlement Administrator shall mail to each Settlement Class Member (a) for whom FieldTurf can locate through reasonable efforts a mailing physical address, but not an email address, or (b) for whom FieldTurf can locate a physical address can be located through reasonable efforts and the Postcard Email Notice is returned as undeliverable, a copy of the Mail Notice substantially in the form attached hereto as Exhibit C, informing B. The Mail Notice shall inform Settlement Class Members of the fact of the settlement Settlement and that settlement Settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new addressWebsite. 6.3 6.3.4. Website Notice will also be available to all Settlement Class Members on the Settlement Website. 6.3.5. The Settlement Website shall include an Application for Inclusion in the explain how Class that may Payment will be submitted by individuals who believe themselves to be distributed. Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in will be given the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals option of submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is Claim Form within a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable specified time period to the Settlement Administrator in excess to receive the agreed-upon capClass Payment by physical check, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Classelectronic check, or object to the SettlementACH transfer. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.

Settlement Administration. 6.1 Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Class, tracing undeliverable mailings, recording and tracking responses to the mailings to the Class, tracking and responding to any inquiries made by any member of the Class, printing, issuing and mailing the checks for Settlement Awards, preparing, mailing, and filing tax forms to the parties (issued from the Settlement Administrator or Trust Account as the payer), the Class, and the relevant taxing authority, as well as any other related tasks mutually agreed to by the Parties. SETTLEMENT AGREEMENT - 5 4893-4052-8260.7 / 108226-1001 b. The Settlement Administrator will perform the foregoing duties based on data provided by Class Counsel. In addition to the data described in Section III.3(a) above, Defendants shall, within five (5) days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Settlement Class: name, last known address, last known telephone and non-work email address (to the extent previously included in a production to Class Counsel in this case), and social security number. Other data may be provided, upon request from the Settlement Administrator or Class Counsel, as reasonably necessary to administer the notice described herein settlement under this Agreement. All such data shall be treated as private and pursuant confidential, and not be used or disclosed to any persons or entities, except as required by this Settlement, law, or Court order. With the Preliminary Approval Order. exception of social security numbers, the Settlement Administrator may share data with Class Counsel to facilitate its duties of administrating the settlement. c. The Settlement Administrator shall keep also have the responsibility to track any Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request Member’s exclusion request. Within five (5) days after the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on fileDeadline, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel Defendants and Class Counsel no later than 90 days after with (1) an electronic report setting forth the first checks are mailed under Section 2.5. If both Apple names and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess identities of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of all Class Members who have elected to exclude themselves from submitted a valid and timely exclusion request in conformity with this Agreement (“Exclusion Request”); (2) an electronic report setting forth the Settlement Class. If the number names and identities of all Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.did not submit an Exclusion Request;

Settlement Administration. 6.1 Apple will provide 8.1 CPT Group, or other Settlement Administrator designated hereunder, shall serve as the Settlement Administrator, subject to Court approval as part of the motion for a Preliminary Approval Order. 8.2 In addition to the duties set forth in paragraph 2 above, the Settlement Administrator (but shall be authorized to undertake all tasks and duties that are reasonably necessary to carry out the claims administration provisions of this Agreement, including without limitation: 8.2.1 processing of Claim Forms; 8.2.2 arranging for the Cash Payment to Settlement Class Members; 8.2.3 implementing reasonable procedures designed to avoid payment with respect to any fraudulent or unsupported Claim Form; 8.2.4 implementing reasonable procedures to ensure an acceptable level of reliability and quality control in the processing of Claim Forms; 8.2.5 communicating with Settlement Class Members regarding the claims administration process; provided that the Settlement Administrator shall not be required to respond to requests for legal advice, which requests shall be referred to Class Counsel. 8.3 The Claim Bar Deadline shall be one hundred and twenty (120) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep calendar days after the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this SettlementNotice Date or, if such day falls on a Sunday or holiday, the first business day thereafter. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 8.4 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to implement appropriate procedures for: (a) determining that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include person submitting a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up Claim Form is a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Resident Class Member for whom Apple has an email address or Successor Class Member; and (b) processing submitted Claim Forms. If a copy of the Email Notice substantially in the form attached hereto question arises as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website to whether or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information person is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves entitled to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Eligible Settlement Class Member, they including without limitation, questions as to whether a Claim Form is required, timely or complete, Class Counsel shall be added have the sole discretion to direct the Settlement Administrator to make a Cash Payment to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. Member. 8.5 The Settlement Administrator shall make best efforts an initial determination that the submitted Claim Form has been timely mailed (as determined by the postmark date), signed and properly completed. If a Claim Form submitted by a Settlement Class Member is timely, but includes non-material deficiencies (including without limitation, an incomplete Probate Code declaration for a Successor Class Member), the Settlement Class Member shall be given the opportunity to confirm or reject all Applications for Inclusion in correct the Class Claim Form (and, if applicable, Probate Code declaration) within 90 thirty (30) days of written notice from the Notice DateSettlement Administrator. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. 8.6 The Settlement Administrator shall withdraw that amount provide all Counsel with timely reports as to completion of Class Notice, status of claims accepted, rejected or deemed deficient, any objections or other questions from Settlement Class Members and any other pertinent information regarding class notice and claims administration. 8.7 All Settlement Administration Costs shall be paid from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1Amount. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.

Settlement Administration. 6.1 Apple will provide Liberty Bank shall retain KCC as the Claims Administrator. a. The fees and costs of the Claims Administrator and of any third-party vendors performing tasks necessary for the implementation or effectuation of the Settlement as provided in Paragraphs C(7) and C(10) of this Settlement Agreement shall be paid from the Escrow Account. In the event the Settlement does not receive final approval, or receives final approval that is overturned on appeal, said amounts shall be the sole responsibility of Liberty Bank. In the event the Settlement does not receive final approval, or receives final approval that is overturned on appeal, Liberty Bank shall be entitled to the return of all funds remaining in the Escrow Account. b. The duties of the Claims Administrator, in addition to any other duties that may be specifically described herein, are as follows: i. Receive and verify for completeness all Claim Forms and prepare and transmit payments from the Escrow Account to Settlement Administrator (but not to Class Counsel) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to Paragraph C(10); ii. Establish and operate a toll free number to receive and respond to requests for Claim Forms and questions about the Preliminary Approval OrderSettlement; iii. The Settlement Administrator shall keep If requested by Liberty Bank, prepare, print and mail the Class Member identities Mailed Notice Form and contact information strictly confidential and shall only use them for purposes of administrating this Settlement.Mailed Claim Forms; 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish iv. Create, host, and maintain the Settlement Website; v. Provide the following lists to Liberty Bank's Counsel and Class Counsel (with account numbers and/or social security numbers partially redacted), xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices starting thirty (30) days after the first Mailed Notice and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costsperiodically thereafter: i. Upon request, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number list identifying (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their available information regarding name, address, email addressand/or account number) those Persons who have returned a Mailed Claim Form; and ii. A list identifying those Persons who have submitted a request for exclusion, and serial number copies of the iPhone 4 or iPhone 4S all such requests for which they believe they exclusion, if any are entitled to erroneously received by KCC, with a Class Payment and shall state under penalty complete list of perjury that they believe they meet all Persons requesting exclusion from the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple being provided to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Liberty Bank's Counsel no later than 90 fifteen (15) days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase prior to the amount payable date set for the Final Fairness Hearing. vi. Maintain and oversee confidential data storage relating to the Settlement and the claims process, and engage in account reconciliation, and general administration incidental to the foregoing. c. The Claim Administrator's and Notice Administrator's fees, costs, and expenses in performing the foregoing duties will be paid from the Escrow Account. Invoice(s) related to Mailed Notice printing and postage deposits will be paid from the Escrow Account no later than seven (7) days prior to the scheduled mailing date or dates. Other invoices from the Claims Administrator in excess and Notice Administrator will be paid from the agreed-upon cap, then the amount in excess Escrow Account within thirty (30) days of the capped amount date of said invoices. Making payment of said amounts from the Escrow Account shall be paid for exclusively out the sole responsibility of the Liberty Bank. It is expressly understood and agreed to by Settling Parties that Class Counsel and Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple Class Members shall under no circumstances not be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Noticesaid fees, Postcard Noticecosts, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlementexpenses. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.

Settlement Administration. 6.1 Apple will provide a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording and tracking responses to the mailings to the Proposed Class, tracking and responding to any inquiries made by any member of the Proposed Class, mailing the checks for Settlement Awards delivered to the Settlement Administrator (but not by Established Moving to Class Counsel) the names, addresses, email addressesSettlement Class, and iPhone 4 any other related tasks mutually agreed to by the Parties. b. The Settlement Administrator will perform the foregoing duties based on data provided by Class Counsel and iPhone 4S serial numbers Established Moving, which data shall be presumed to be correct. In addition to the data described in Section 4, above, Established Moving shall, within twenty-one (21) days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Settlement Class: name, last known address, last known telephone and/or email address (if any), and social security number. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law or Court order. c. The Settlement Administrator shall also have the responsibility to track any Proposed Class Member’s exclusion request. Each Proposed Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide Defendants and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Class Members who submitted a valid and timely exclusion request in conformity with respect this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. Defendants and Class Counsel shall be entitled to whom it has recordsreview the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall administer retain the notice described herein originals of all Exclusion Letters returned, along with their envelopes, and pursuant to objections received. Defendants and Class Counsel shall have seven (7) days after receiving the Preliminary Approval Order. The electronic report and related documentation from the Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer challenge any Exclusion Letter and/or eligibility determination in writing directed to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include Within five (5) days after a means for Class Members submitting such concerns to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling Administrator, the Toll-Free Number. 6.2.4 For Class Members for whom Parties shall meet and confer in an attempt to resolve any disputes relating to the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on fileany disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall mail provide the final results of its eligibility determinations to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple Defendants and Class Counsel, acting in good faith, agree that unanticipated costs which results will include the names and expenses justify an increase to identities of all Settlement Class Members and the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess identity of the capped amount shall be paid for exclusively all individuals who opted out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after d. In the Notice Date, event the number of Proposed Class Members who have timely requested exclusion from the Settlement Administrator shall give written notice to Apple and to Class Counsel exceeds fifteen percent (15%) of the total number of Proposed Class Members who Members, Established Moving shall have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Appleright, in its sole discretion, may elect to reject terminate or not to terminate the Settlement. If Established Moving chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.c., above. e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Two Thousand, Five Hundred Dollars ($2,500.00). The costs, fees and expenses incurred by the Settlement Administrator in which case the entire administering this Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with paid from the Settlement. Any such waiver Settlement Administration Expenses Award approved by Apple must be unambiguous and in writingthe Court.

Settlement Administration. 6.1 Apple The Administrator will provide to be responsible for establishing and maintaining the Settlement Fund, using its best efforts to locate updated addresses for the Class Members if the Administrator (but not determines that the contact information included in the Class List is no longer current; mailing, and emailing the Class Notice to Class Counsel) Members; handling inquiries from Class Members concerning the namesNotice or any other issue related to administration of the Settlement; preparing and distributing settlement checks to Participating Class Members; maintaining a static website, addressesthe web address for which will be included in the Notice, email addresses, and iPhone 4 and iPhone 4S serial numbers for all providing Class Members with respect a method to whom it has recordsobtain information regarding final approval and final judgment; and performing such other duties as the Parties and/or the Court may direct. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this AgreementOn a weekly basis, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how Administrator will provide updates to object or request exclusion, and contact information for Class Counsel and Defense Counsel regarding the Settlement Administratornumber of validated and timely received Opt-Out Requests and any objections submitted by Class Members. The Settlement Website Administrator will also include a means for serve on Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a tollCounsel and Defense Counsel via e-free telephone number (the “Tollmail date-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy stamped copies of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members original objections, rescissions of Opt-Out Requests, and withdrawal of objections within seven days of the fact Administrator’s receipt of the settlement and that settlement information is available on same. By no later than 14 days after the Settlement Website or by calling the TollOpt-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on fileOut Deadline, the Settlement Administrator shall mail will compile and deliver to each Class Member for whom Counsel and Defense Counsel a mailing address can be located final report with information regarding: (a) the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members final pro-rata portion of the fact Residual Settlement Fund for each of the settlement Plaintiffs and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement each Participating Class Member, they shall be added and (b) the final number of Opt-Outs. Further, at least 14 days prior to the Settlement Final Approval and Fairness Hearing, the Administrator shall provide Class Counsel and shall be entitled to Defense Counsel with a Class Payment under Section 2.4. The decision Declaration of Due Diligence and Proof of Mailing (Declaration) regarding the mailing of the Settlement Administrator shall be final as Notice, its attempts to the determination locate Class Members where applicable, and other information regarding administration of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119Settlement. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119Specifically, the Settlement Administrator Declaration shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If include the number of Class Members who elect to exclude themselves from whom/which Notices were sent, the Settlement number of Class exceeds Members for whom/which there is reason to suspect that Notices were not delivered, the threshold agreed to by number of Opt-Outs, and the Parties number and confidentially submitted to form of any objections received. Class Counsel will file the Administrator’s Declaration with the Court with at least seven days before the Preliminary Final Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writingFairness Hearing.

Settlement Administration. 6.1 Apple Subject to approval by the Court, the Settlement Administrator shall be responsible for mailing the Settlement Notices; receiving and logging arbitration election forms and fully executed Amendments and attached Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; researching and updating addresses through skip-traces and similar means; answering questions from Settlement Class Members; reporting on the status of the claims administration to counsel for the Parties; sending the notices required by CAFA within the appropriate time period; preparing a declaration regarding its due diligence in the claims administration process; providing the Parties with data regarding the arbitration election forms, accompanying Amendments and Arbitration Agreements, Buy Back Election Forms, and Exclusion Requests; distributing settlement checks; reporting and paying, as necessary, applicable taxes on settlement payments; and doing such other things as the Parties may direct. Within seven (7) days after the Court’s Preliminary Approval, Defendants will provide to the Settlement Administrator (but not to Class Counsel) a database listing of the names, last known addresses, email addressesdates contracted by Xxxxxxxx as distributors during a Covered Period, and iPhone 4 social security numbers or dates of birth of the Named Plaintiffs, FLSA Collective Members, and iPhone 4S serial numbers for all Class Members with respect to whom it has recordsMembers. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of perform the following forms and methods functions in accordance with the terms of notice to the this Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means Final Approval Order and Judgment: Provide for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or Notices (with the Fairness Hearing dates) to be sent by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each all applicable Class Member for whom a mailing address and FLSA Collective Members that can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with identified through a forwarding address will be re-mailed reasonable effort; Provide to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Defense Counsel and Class Counsel no later than 90 Counsel, 14 days after the first checks are mailed under Section 2.5. If both Apple mailing of the Settlement Notices and then updated every 14 days thereafter: (i) a list of the names and addresses of all Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable Members or FLSA Collective Members whose Settlement Notices have been returned to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund as undeliverable along with a report indicating steps taken by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple locate updated address information for such Class Members and FLSA Collective Members and to Class Counsel of the total number of Class Members who have elected to exclude themselves from resend the Settlement Class. If the number of Class Members who elect Notices, and/or whose Settlement Notices have been forwarded to exclude themselves from the Settlement Class exceeds the threshold agreed to an updated address by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.United States Postal Service;

Settlement Administration. 6.1 Apple will provide a. The Settlement Administrator shall be responsible for mailing and emailing the Notice of Class Settlement and Notice of Class and Subclass Settlement to the Proposed Settlement Administrator (but not Class and Proposed Settlement Subclass, tracing undeliverable mailings, recording and tracking responses to the mailings to the Proposed Settlement Class and Proposed Settlement Subclass, tracking and responding to any inquiries made by any member of the Proposed Settlement Class and Proposed Settlement Subclass, reviewing Class Counsel) ’s calculation of the names, addresses, email addressesSettlement Awards, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect any other related tasks mutually agreed to whom it has recordsby the Parties. The Settlement Administrator shall administer the notice described herein and also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Preliminary Approval OrderInternal Revenue Code for purposes of administering this Settlement, as well as issuing the necessary checks for all Settlement Awards, issuing all required tax documents (such as Forms W-2 and 1099-MISC), performing all related tax reporting to taxing authorities and to FPG, and issuing the Service Award, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award. b. The Settlement Administrator will perform the foregoing duties based on data provided by Class Counsel and FPG, which data shall be presumed to be correct. In addition to the data described in Section VI.4., above, FPG shall, within twenty (20) days after this Agreement is preliminarily approved by the Superior Court, provide the Settlement Administrator with an Excel spreadsheet containing the following information for each member of the Proposed Settlement Class: (i) name; (ii) last known address; (iii) last known telephone (if known and reasonably accessible); (iv) email address (if known and reasonably accessible); (v) social security number; and (vi) whether or not they are a Potential Settlement Subclass Member. Other data will be provided, upon request from the Settlement Administrator, as reasonably necessary to complete their settlement administration duties under this Agreement. All such data shall be treated as private and confidential and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Settlement Class Member’s or Proposed Settlement Subclass Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Settlement Class Member is a Settlement Class Member and whether any Proposed Settlement Subclass Member is a Settlement Subclass Member). Each Proposed Settlement Class Member who does not submit a valid and timely request for exclusion will automatically be a Settlement Class Member and eligible to receive a Settlement Award. Each Proposed Settlement Class Member who is also a Proposed Settlement Subclass Member and who does not submit a valid and timely request for exclusion will automatically be a Settlement Subclass Member and eligible to receive additional monies as part of their Settlement Award attendant to their status as a Settlement Subclass Member. Within five (5) days after the Notice Deadline, the Settlement Administrator shall provide FPG and Class Counsel with (1) an electronic report setting forth the names and identities of all Proposed Settlement Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; (2) an electronic report setting forth the names and identities of all Proposed Settlement Class Members who did not submit a valid and timely letter requesting exclusion in conformity with this Agreement (“Exclusion Letter”); (3) copies of all Exclusion Letters returned or received; and (4) copies of all objections returned or received. FPG and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall keep retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. FPG and Class Member identities Counsel shall have seven (7) days after receiving the electronic report and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to related documentation from the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how challenge any Exclusion Letter and/or eligibility determination in writing directed to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include Within five (5) days after a means for Class Members submitting such concerns to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling Administrator, the Toll-Free Number. 6.2.4 For Class Members for whom Parties shall meet and confer in an attempt to resolve any disputes relating to the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on fileany disputes relating to the subject Exclusion Letters and/or eligibility determinations, the Parties shall submit their respective positions in writing to the Superior Court, which shall make the final decision regarding the subject Exclusion Letters and/or eligibility determinations. Thereafter, the Settlement Administrator shall mail provide the final results of its eligibility determinations to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple FPG and Class Counsel, acting in good faith, agree that unanticipated costs which results will include the names of all Settlement Class Members and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess names of the capped amount shall be paid for exclusively all individuals who opted out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after d. In the Notice Date, event the number of Proposed Settlement Class Members and/or Proposed Settlement Subclass Members who have timely requested exclusion from the Settlement Administrator shall give written notice to Apple and to Class Counsel exceeds ten percent (10%) of the total number of Proposed Class Members who have elected to exclude themselves from or Proposed Settlement Subclass Members, respectively, FPG has the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Appleright, in its sole discretion, may elect to reject terminate or not to terminate the Settlement. If FPG chooses to exercise this right, it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section VI.7.c., above. e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will apply to the Superior Court for a Settlement Administration Expenses Award of no more than Fifteen Thousand Dollars ($15,000.00). The costs, fees and expenses incurred by the Settlement Administrator in which case the entire administering this Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with paid from the Settlement. Any such waiver Settlement Administration Expenses Award approved by Apple must be unambiguous and in writingthe Court.

Settlement Administration. 6.1 Apple will 8.1 Counsel for the Parties shall promptly retain the Administrator and assist in preparing the Administrator to perform the tasks specified in this Agreement. Respondent shall provide any contact information they possess from any member of the Settlement Class to the Administrator within twenty-one (21) days of the execution of the Settlement Administrator Agreement. 8.2 Within fifteen (but not to Class Counsel15) days of either the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to entry of the Preliminary Approval Order. The Order or when the Administrator receives the identification information for members of the Settlement Class as set forth in Section 8.1, whichever is later, the Administrator shall keep complete providing the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard initial Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement manner described in Section 6.2(a) and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address(b) above. 6.3 The Settlement Website shall include an Application for Inclusion in 8.3 For purposes of determining the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recoveryextent, if any, for any iPhone 4 or iPhone 4S. The to which a Settlement Administrator shall make best efforts Class Member will be entitled to confirm or reject all Applications for Inclusion participate in the Class Settlement, the following provisions shall apply: (1) Each member who submits an Election to receive the Cash Compensation shall, within 90 days the Election Period, submit to the Administrator notification of the Notice Datetheir Election. 6.4 (2) The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related Election will be deemed submitted to the settlement Administrator on the date postmarked if sent by U.S. Mail, or if received by 11:59 p.m. Pacific Time on the Closing Date if submitted by any other means, including email or facsimile. (3) All determinations as to the validity and timeliness of an Election, a member’s right to receive the Certificate or Cash Compensation, and other duties of a similar nature to be performed in connection with the administration functions to of this Settlement Agreement, shall be performed by the Administrator. 8.4 Except as otherwise ordered by the Arbitrator, all Settlement Class Members who fail to timely submit an Election for the Cash Compensation within the Election Period shall receive the Certificate after the Effective Date and will be forever barred from receiving any other form of payment or consideration pursuant to this Settlement Agreement other than as provided herein, but will in all other respects be subject to and bound by the provisions of this Settlement Agreement, the releases contained herein, and the Final Award. 8.5 No Person shall have any claim against Claimants, Class Counsel, Claimants’ Counsel, the Administrator, including or any other Person designated by Class Counsel, the notice Administrator or the Arbitrator, Respondent or their counsel or the Released Persons, based on the administration of and processing and payment of claims administration process. In consistent with the event that unanticipated costs terms of this Settlement Agreement. 8.6 Respondent and expenses arise its counsel shall have no responsibility for, interest in, or liability whatsoever with respect to: (1) any act, omission or determination of Class Counsel, Claimants’ Counsel or the Administrator in connection with the notice and/or claims administration processof this Settlement; or (2) the determination, such that they exceed the capped amount of $1,406,119administration, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counselcalculation, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way or payment of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1Certificate Compensation or Cash Compensation. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.

Settlement Administration. 6.1 Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. 8.1 The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval perform all of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision functions of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in under this Agreement. 8.2 Before the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice establish a toll-free telephone number that Settlement Class Members can call and which contains recorded answers to Apple frequently asked questions. This toll-free service shall be provided in both English and French. 8.3 Before the Class Notice Date, the Settlement Administrator shall establish the Settlement Website and publish on the Settlement Website: (i) the Agreement; (ii) the Authorization and Approval Hearing Order; (iii) the Notice of Authorization and Approval Hearing; and (iv) the Opt-Out Form. 8.4 On or before the Authorization and Approval Hearing, the Respondents will deliver to Class Counsel a signed acknowledgement by the Settlement Administrator in which it accepts and attorns to the exclusive jurisdiction of the total number Court in respect of any matter related to the enforcement of this Settlement Agreement. 8.5 The Settlement Administrator shall process any and all Opt-Out Forms in accordance with the terms of this Agreement and compile the Opt-Out List. The Settlement Administrator shall thereafter deliver the Threshold Notification, including the Opt-Out List, to Class Counsel and Defence Counsel on or before the Threshold Notification Date. 8.6 Promptly after the issuance of the Settlement Approval Order, the Settlement Administrator shall: (1) publish the Claim Form on the Settlement Website; (2) publish on the Settlement Website the Notice of Settlement Approval; and, (3) send a copy of the Notice of Settlement Approval by email to every Class Member who previously registered their email address on the Settlement Website. 8.7 The Settlement Website and all documents published on the Settlement Website shall be published in both English and French. 8.8 After the Claim Deadline, the Settlement Administrator shall review all Claim Forms received or postmarked before the Claim Deadline and determine whether each is either: (i) valid, as meeting the requirements of this Agreement; or (ii) invalid, as failing to meet the requirements of this Agreement. 8.9 The Settlement Administrator shall thereafter deliver to both the Respondents and Class Counsel: (i) a true and accurate list of all Settlement Class Members who have elected to exclude themselves from the submitted an invalid Claim Form; (ii) a true and accurate list of all Settlement Class. If the number of Class Members who elect to exclude themselves from submitted a valid Claim Form (i.e. the Eligible Claimants), including the amount of each Eligible Claimant’s Settlement Class exceeds Payment and the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire total sum of all Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.Payments; and

Settlement Administration. 6.1 Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, addresses, names and email addresses, and iPhone 4 and iPhone 4S serial numbers addresses for all Subscriber Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice Email and Website Notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Subscriber Class Member Members’ identities and contact information strictly confidential and shall only use them for purposes of administrating administering this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Subscriber Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include case-related documents, including, but not limited to, the operative complaint and answer to that complaint, this Agreement, the Long-form Website Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object submit an Objection or request exclusion, and contact information for Class Counsel Counsel, Apple Counsel, and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Subscriber Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. 1. The Email Notice shall inform Subscriber Class Members of the fact of the settlement Settlement and that settlement Settlement information is available on the Settlement Website. 6.2.3 Website or by calling Notice will also be available to all Subscriber Class Members on the Toll-Free NumberSettlement Website. 6.2.4 For The Settlement Website shall explain how Class Payment will be distributed. Subscriber Class Members for whom will be given the above Email Notice is returned as undeliverable and for option of providing information within a specified time period to the Settlement Administrator to receive the Class Payment by ACH transfer or by check. In the event a Subscriber Class Member does not elect to receive the Class Payment by ACH transfer or check by providing the necessary information to the Settlement Administrator within the specified timeframe, the following will apply: For those Subscriber Class Members who, at the time Class Payment is distributed, are monthly iCloud subscribers to any kind of monthly paid iCloud plan and who have a U.S. mailing address associated with their plan, Apple shall issue Class Payment to the Apple accounts that pay for whom there the Subscriber Class Members’ subscriptions. For those Subscriber Class Members who, at the time Class Payment is distributed, are no longer monthly iCloud subscribers to any kind of monthly paid iCloud plan or who do not have a valid email U.S. mailing address on fileassociated with their plan, the Settlement Administrator shall mail issue each of them a check sent to each Class Member for whom a the mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service associated with a forwarding address will be re-mailed to the new addresstheir account. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost (the Administrative and Notice Costs) not to exceed two million and four hundred thousand dollars ($1,406,1192,400,000.00). The Settlement Administrator This amount shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including providing Email Notice and Website Notice and performing the notice and claims other administration processprocesses described in this Agreement. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,1192,400,000.00, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days as soon as practicable after becoming aware of the first checks are mailed under Section 2.5unanticipated costs and expenses. If both Apple Counsel and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess of the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of from the Gross Settlement Fund Amount by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.72.5. Apple shall under no circumstances be responsible for any costs of settlement administration Administration and Notice Costs in excess of its contribution to the Gross Settlement Fund Amount under Section 2.1. 6.5 6.4 The Email Notice, Postcard Notice, Notice and the Long-form Website Notice shall provide information on the procedure by which Subscriber Class Members may exclude themselves request exclusion from the Settlement Class, Subscriber Class or object submit an Objection to the Settlement. 6.6 6.5 No later than 75 14 days after the Notice DateObjection and Exclusion Deadline, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number and identity of Subscriber Class Members who have elected to exclude themselves from the Settlement Subscriber Class. If the number of Subscriber Class Members who elect to exclude themselves request exclusion from the Settlement Subscriber Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motionmore than 1,000 Subscriber Class Members, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writingwriting and provided to Class Counsel with 14 days after the Settlement Administrator provides Apple and Class Counsel the total number and identity of Subscriber Class Members who have elected to exclude themselves from the Subscriber Class.

Settlement Administration. 6.1 Apple will provide to 70. Settlement Class Counsel and BPNA’s Counsel shall jointly select the Settlement Administrator (but not to Class Counsel) for approval by the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has recordsCourt by the time this Agreement is executed. The Settlement Administrator shall administer various aspects of the Settlement as described in Paragraph 72 below and perform such other functions assigned to the Settlement Administrator elsewhere in this Agreement, including, but not limited to: providing Mailed Notice to the putative Settlement Class Members; effectuating the Notice Program pursuant to Section X below; and distributing the Settlement Consideration to claiming Settlement Class Members. Settlement Class Counsel and BPNA counsel shall jointly supervise and oversee the Settlement Administrator. 71. The Parties agree to the following schedule with respect to the payment of the costs of Settlement Notice, Settlement Administration and claims administration: 1) BPNA agrees to pay the first $250,000 of the combined cost of notice described herein and claims administration; 2) Settlement Class Counsel agrees to pay the next $100,000 of the combined cost of notice and claims administration; and 3) BPNA and Settlement Class Counsel agree to each pay one-half of any costs of notice and claims administration in excess of $350,000. To the extent any part of these notice and administration costs are to be paid pursuant to the Preliminary Approval OrderMinimum Payment provision described in Paragraph 78, for the avoidance of doubt, the parties will treat any such payments as if paid in the order set forth in this Paragraph 71.2 72. The duties of the Settlement Administrator shall keep Administrator, in addition to other responsibilities that are described in this Agreement, are as follows: a. Obtain from BPNA name and last known mailing address information (to the extent it is reasonably available) of Settlement Class Member identities Members, and contact information strictly confidential to the extent necessary, verify and shall only use them update the addresses received through the National Change of Address database for purposes the purpose of administrating this Settlement.mailing the Mailed Notice to Settlement Class Members, and later mailing distribution checks to Settlement Class Members; 6.2 The Parties agree upon and will request b. Administering the Notice Program approved by the Court’s approval of the following forms ; c. Establish and methods of notice to maintain a Post Office box for requests for exclusion from the Settlement Class:; 6.2.1 The Settlement Administrator shall establish d. Establish and maintain the Settlement Website; e. Administering the claims process and processing claim forms submitted by Settlement Class Members; 2 Example #1: If only $350,000 in Qualified Claims are submitted, xxx.xxxxxxxxxxxxxxxx.xxx$200,000 will remain under the Minimum Payment. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address That $200,000 remainder will be re-mailed applied to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form BPNA’s initial layer (“Applicants”$250,000) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration processcosts. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, BPNA then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances will be responsible for any costs of settlement the next $50,000 in notice and administration in excess of its contribution to the costs. Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of will then be responsible for the total number of Class Members who have elected to exclude themselves from the Settlement Classnext $100,000 in notice and administration costs. If the number of Class Members who elect to exclude themselves from the Any remaining notice and administration costs will be paid one-half by BPNA and one-half by Settlement Class exceeds Counsel. Example #2: If only $250,000 in Qualified Claims are submitted, $300,000 will remain under the threshold agreed Minimum Payment. The first $250,000 of that remainder will be applied to by BPNA’s initial ($250,000) layer of notice and administration costs. The $50,000 remainder then will be applied to Settlement Class Counsel’s layer ($100,000) of notice and administration costs. Settlement Class Counsel will be responsible for the Parties next $50,000 in notice and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlementadministration costs. Any such waiver remaining notice and administration costs will be paid one-half by Apple must be unambiguous BPNA and in writingone-half by Settlement Class Counsel.

Settlement Administration. 6.1 Apple will provide to the Settlement Administrator (but not to Class Counsel) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. ‌ 8.1 The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval perform all of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision functions of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in under this Agreement. 8.2 Before the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice establish a toll-free telephone number that Settlement Class Members can call and which contains recorded answers to Apple frequently asked questions. This toll-free service shall be provided in both English and French. 8.3 Before the Class Notice Date, the Settlement Administrator shall establish the Settlement Website and publish on the Settlement Website: (i) the Agreement; (ii) the Authorization and Approval Hearing Order; (iii) the Notice of Authorization and Approval Hearing; and (iv) the Opt-Out Form. 8.4 On or before the Authorization and Approval Hearing, the Respondents will deliver to Class Counsel a signed acknowledgement by the Settlement Administrator in which it accepts and attorns to the exclusive jurisdiction of the total number Court in respect of any matter related to the enforcement of this Settlement Agreement. 8.5 The Settlement Administrator shall process any and all Opt-Out Forms in accordance with the terms of this Agreement and compile the Opt-Out List. The Settlement Administrator shall thereafter deliver the Threshold Notification, including the Opt-Out List, to Class Counsel and Defence Counsel on or before the Threshold Notification Date. 8.6 Promptly after the issuance of the Settlement Approval Order, the Settlement Administrator shall: (1) publish the Claim Form on the Settlement Website; (2) publish on the Settlement Website the Notice of Settlement Approval; and, (3) send a copy of the Notice of Settlement Approval by email to every Class Member who previously registered their email address on the Settlement Website. 8.7 The Settlement Website and all documents published on the Settlement Website shall be published in both English and French. 8.8 After the Claim Deadline, the Settlement Administrator shall review all Claim Forms received or postmarked before the Claim Deadline and determine whether each is either: (i) valid, as meeting the requirements of this Agreement; or (ii) invalid, as failing to meet the requirements of this Agreement. 8.9 The Settlement Administrator shall thereafter deliver to both the Respondents and Class Counsel: (i) a true and accurate list of all Settlement Class Members who have elected to exclude themselves from the submitted an invalid Claim Form; (ii) a true and accurate list of all Settlement Class. If the number of Class Members who elect to exclude themselves from submitted a valid Claim Form (i.e. the Eligible Claimants), including the amount of each Eligible Claimant’s Settlement Class exceeds Payment and the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire total sum of all Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.Payments; and

Settlement Administration. 6.1 Apple A. Within seven (7) business days following the Preliminary Approval Date, Defendant will provide to Class Counsel an updated Anonymized Class List, which shall include the same categories of Class Loan information provided in the initial Anonymized Class List, updated as of the most recent month-end, and shall identify which Class Members executed loans in Spanish. In addition, within seven (7) business days following the Preliminary Approval Date, Defendant will provide to the Settlement Administrator (but not to the Class Counsel) List, which will include the namessame information as the updated Anonymized Class List and shall also include, for each Class Member, the individual’s full name, full Class Loan number, whether the Class Member has an active Class Loan, as well as all known physical addresses, email addressesaddresses and telephone numbers for the Class Member in Defendant’s possession, custody, or control. The Class List shall be designated as Confidential and shall be used by the Settlement Administrator only in connection with administration of the Settlement. The Settlement Administrator will maintain the name and contact information as Confidential for its own use only, subject to the following provisions. Class Counsel and the Settlement Administrator shall not disclose the updated Anonymized Class List, the Class List or their contents to anyone except that, upon inquiry directly from a Class Member, the Settlement Administrator may provide Class Counsel with the inquiring Class Member’s name and contact information, and iPhone 4 Class Counsel and iPhone 4S serial numbers for the Settlement Administrator may provide the inquiring Class Member with his or her respective information. Upon conclusion of the Action, or if it becomes certain that the Effective Date cannot occur, Class Counsel and the Settlement Administrator will promptly delete all versions of the Class List, anonymized or otherwise, from their records. B. The Parties will use reasonable and best efforts so that, no later than thirty-five (35) days following the Preliminary Approval Date, the Settlement Administrator will e-mail and mail, via postage pre-paid first class U.S. Mail, the Court-approved Class Notice to the last-known email address and last-known U.S. Mail address of each Class Member, as reflected in the Class List. Prior to such mailing, the Settlement Administrator will run the Class Members’ last-known U.S. Mail address through the U.S. Postal Service’s National Change of Address (“NCOA”) database. The date on which the Class Notice is disseminated to Class Members with respect is referred to whom it has recordsas the “Notice Date.” C. For a period of twenty-eight (28) days following the Notice Date, if any mailed Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Class Notice to that address. The Settlement Administrator shall format the Class Notice and otherwise administer the notice described herein process in a reasonable manner to minimize costs, consistent with the provisions of this Settlement Agreement and pursuant to any Court order. D. No later than the Preliminary Approval Order. The Notice Date, the Settlement Administrator shall keep will establish a Settlement Website on which it will make available the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request operative Complaint, the Court’s Amended Settlement Agreement, the order granting preliminary approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this AgreementSettlement, the Long-form Class Notice, the Preliminary Approval OrderExclusion Form, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusionthe Objection Form, and contact information for any other materials agreed to by the Parties. E. The date that is sixty (60) days after the Notice Date shall be referred to as the “Exclusion/Objection Deadline.” F. Any Class Counsel and Member who wishes to be excluded from the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit must complete and sign an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially Exclusion Form in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members B (or as modified by the Court) and must return the Exclusion Form to the Settlement Administrator no later than the Exclusion/Objection Deadline. Exclusion Forms may be returned to the Settlement Administrator by U.S. mail, electronic mail, or hand-delivery, as follows: Weeks v. Wheels Financial Group, LLC Settlement Administrator, c/o CPT Group, Inc., 00 Xxxxxxxxx Xxxx, Xxxxxx, XX 00000; [email address to be determined]. If the completed Exclusion Form is returned to the Settlement Administrator by U.S. Mail, the date of return will be the date of the fact postmark. If the completed Exclusion Form is returned to the Settlement Administrator by personal delivery or e-mail, the date of return will be the settlement date of receipt by the Settlement Administrator. Upon receipt of any Exclusion Form, the Settlement Administrator will promptly provide a copy to Class Counsel and that settlement Defendant’s counsel and will compare the information is available on the Settlement Website or by calling Exclusion Form against the Toll-Free Number. 6.2.4 For Class Members List and advise Class Counsel and Defendant’s counsel whether it appears that the individual requesting exclusion is in fact a Class Member. Concurrently with the filing of any motion for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on filefinal approval, the Settlement Administrator shall mail file a declaration with the Court authenticating a copy of every Exclusion Form received by the Settlement Administrator. Those Class Members who submit timely Exclusion Forms will be referred to each as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. G. Any Class Member for whom a mailing address can be located who wishes to object to the Postcard Notice Settlement must complete and sign an Objection Form in the form attached hereto as Exhibit C, informing Class Members of C (or as modified by the fact of Court) and must return the settlement and that settlement information is available on completed Objection Form to the Settlement Website or by calling Administrator no later than the Toll-Free NumberExclusion/Objection Deadline. All Postcard Notices Objection Forms may be returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted Administrator by individuals who believe themselves U.S. mail, electronic mail, or hand-delivery, as follows: Weeks v. Wheels Financial Group, LLC Settlement Administrator, c/o CPT Group, Inc., 00 Xxxxxxxxx Xxxx, Xxxxxx, XX 00000 [email address to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Memberdetermined]. If the Applicant completed Objection Form is confirmed to be a Settlement Class Member, they shall be added returned to the Settlement Class and shall Administrator by U.S. Mail, the date of return will be entitled the date of the postmark. If the completed Objection Form is returned to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall by personal delivery or e-mail, the date of return will be final as to the determination date of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed receipt by the Settlement Administrator. Upon receipt of any Objection Form, including the notice Settlement Administrator will promptly provide a copy to Class Counsel and claims administration processDefendant’s counsel and will compare the information submitted by the objector against the Class List and advise Class Counsel and Defendant’s counsel whether it appears that the objector is in fact a Class Member. In the event that unanticipated costs and expenses arise in connection Concurrently with the notice and/or claims administration process, such that they exceed the capped amount filing of $1,406,119any motion for final approval, the Settlement Administrator shall promptly raise file a declaration with the matter with Apple Court authenticating a copy of every Objection Form received by the Settlement Administrator. Class Counsel and Class Counsel no Defendant’s counsel will respond to any objections, as appropriate, either in briefs filed in advance of the final approval hearing or at the final approval hearing. H. No later than 90 fourteen (14) days after following the first checks are mailed under Section 2.5. If both Apple and Class CounselExclusion/Objection Deadline, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess will provide to Class Counsel and Defendant’s counsel a written report listing the agreed-upon cap, then the amount in excess name of the capped amount shall be paid for exclusively out of the Settlement Fund by way of each Excluded Class Member and any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object Member who has objected to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. I. If the number of Excluded Class Members pursuant to Section VII.F equals or exceeds the number or percentage specified in a separate letter executed concurrently with this Settlement Agreement by Class Counsel and Defendant’s counsel, then Defendant shall have the right to terminate this Agreement. If a right to terminate this Agreement arises pursuant to this Section VII.I, Defendant may exercise such termination right by providing written notice of termination to Class Counsel not later than fourteen (14) days after the date on which the report disclosing the number of Excluded Class Members pursuant to Section VII.H is provided to Defendant’s counsel. If a termination right is not timely exercised within such 14-day period, such right shall expire automatically and be forever waived. The number or percentage of Excluded Class Members necessary to give rise to a termination right pursuant to this Section VII.I shall be confidential except to the Court, who shall upon request be provided with a copy of the letter for in camera review. J. Class Members who elect do not submit a timely Exclusion Form are referred to exclude themselves from as the Settlement “Participating Class exceeds Members.” Only Participating Class Members will receive settlement payments or credits under the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternativelyaccordance with Section VIII, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writingbelow.

Settlement Administration. 6.1 Apple will provide A. Defendant has provided to Class Counsel an Excel spreadsheet that includes (to the Settlement Administrator (but not to Class Counselextent such information is available in Defendant’s business records) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers contact information for all Class Members with respect to whom it has records(the “Database”). The Database is designated as “Confidential” and shall be used solely for purposes of settlement. Class Counsel is authorized to provide the Database to the Settlement Administrator Administrator. B. The Parties shall administer the notice described herein use reasonable and pursuant best efforts to ensure that no later than thirty- five (35) days following the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has an email address a copy of the Email Notice substantially in the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on fileDate, the Settlement Administrator shall mail will email the Court-approved Summary Class Notice to the last-known email address of each Class Member for whom a mailing address can be located the Postcard Notice Member, as reflected in the form attached hereto as Exhibit C, informing Database. The date on which the email notice is disseminated to Class Members of is referred to as the fact of the settlement and that settlement information is available on “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or by calling other suitable methodology to enable the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with email recipient to submit a forwarding address will be re-mailed to the new addressClaim electronically. 6.3 The Settlement Website shall include an Application for Inclusion in the C. If any emailed Summary Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (documents are “Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Settlement Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final bounced back” as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon capundeliverable, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 within fourteen (14) days after the Notice Date, the Settlement Administrator shall give written notice will endeavor to Apple obtain alternative email addresses through commercially reasonable sources and will email a copy of the Summary Class Notice to any alternative email address so obtained; or, alternatively, to the extent the Database contains mailing address information for such Class Member, the Settlement Administrator will mail a copy of the Summary Class Notice to the person’s last-known mailing address, as updated by the U.S. Postal Service’s National Change of Address (“NCOA”) database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice. For a period of thirty (30) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address. D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the total number of Settlement, the Summary Class Members who have elected to exclude themselves from Notice, the Settlement Class. If Long Form Class Notice, the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold Claim Form (in a format that may be printed), and any other materials agreed to by the Parties Parties. The Settlement Website will include a mechanism by which individuals who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website. E. If anyone contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a Claim Form substantially in the form of Exhibit D. F. The date that is sixty (60) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.” G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a Claim Form, and confidentially that Claim must be validated by the Settlement Administrator. 1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid. 2. Completed Claims that are submitted in the form of a Claim Form will be deemed valid if the claimant’s email address, mailing address, and/or telephone number match information in the Database. Any Claim Form must be completed and signed by the claimant. H. To be timely, the Claim must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, the date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel in their discretion may direct the Settlement Administrator to treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing. I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel shall be kept apprised of the volume and nature of deficient claims. J. In the event multiple or conflicting claims are submitted with respect to the same transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants. K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be final and not subject to review or appeal. L. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this section. The request for exclusion must be in writing, must list the Class Member’s name, mailing address, email address, and telephone number, along with the statement “I wish to be excluded from the Sellers v. JustAnswer LLC Settlement” or words to that effect. Any request for exclusion must be personally signed by each person requesting exclusion. So-called “mass” or “class” opt-outs shall not be allowed. To be timely, the request for exclusion must be returned to the Settlement Administrator no later than the Claim/Exclusion/Objection Deadline. If the request for exclusion is returned by U.S. Mail, the date of return will be the date of the postmark. If the request for exclusion is returned by personal delivery or email, the date of return will be the date the request for exclusion is received by the Settlement Administrator. Those Class Members who submit timely requests for exclusion will be referred to as Excluded Class Members. Excluded Class Members will not receive any consideration under the Settlement and will not be bound by any provision of the Settlement. Requests for exclusion shall be sent by regular mail, electronic mail, or hand-delivery to the Settlement Administrator, as follows: Sellers v. JustAnswer LLC Settlement Administrator, c/o CPT Group, 00 Xxxxxxxxx Xxxx, Xxxxxx, Xxxxxxxxxx 00000; email: . M. Any Class Member who wishes to object to the Settlement may do so either orally or in writing. To object to the Settlement in writing, a Class Member must file a written objection with the Court and serve copies of the objection on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than the Claim/Exclusion/Objection Deadline. Any written objection must set forth the name of the lawsuit (Sellers v. JustAnswer LLC, Case No. 37-2020- 00005869-CU-BT-CTL), the Class Member’s name, mailing address, email address, and telephone number, and the following statement: “I declare under penalty of perjury that, to the best of my knowledge, between January 31, 2016 and December 2, 2021, I was charged for JustAnswer’s membership program at the conclusion of a trial period, and I wish to object to the Settlement.” Any written objection must also state the factual and legal basis for the objection; the name and contact information of any and all attorneys representing, advising, or in any way assisting the objector in connection with the preparation of submission of the objection or who may profit from the pursuit of the objection; and a statement indicating whether the objector intends to appear at the Final Approval Hearing. Any documents that the objecting Class Member wishes for the Court to consider must also be attached to the objection. Any written objection must be filed with the Court and served by mail as follows: (1) to the Settlement Administrator, at Sellers v. JustAnswer LLC Settlement Administrator, c/o CPT Group, 00 Xxxxxxxxx Xxxx, Xxxxxx, Xxxxxxxxxx 00000; (2) to Defendant’s counsel, Xxxxxxxx Xxx, XXX | XXX LLP, 0 Xxxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxx Xxxxxxxxx, XX 00000; and (3) to Class Counsel, Xxxx X. Xxxxxxx, Dostart Xxxxxxx & Xxxxxxx LLP, 0000 Xx Xxxxx Xxxxxxx Xxxxx, Xxxxx 000, Xx Xxxxx, Xxxxxxxxxx 00000. The Settlement Administrator will promptly compare the information submitted by the objector against the Database and advise Class Counsel and Defendant’s counsel whether it appears that the objector is in fact a Class Member. Class Counsel and Defendant may respond to any written objections, as appropriate, either in briefs filed in advance of the Final Approval Hearing or at the Final Approval Hearing. Alternatively, any Class Member may present an objection to the Court with orally at the Preliminary Final Approval MotionHearing. N. No later than ten (10) court days following the Claim/Exclusion/Objection Deadline, Apple, in its sole discretion, may elect the Settlement Administrator will make available to reject this Class Counsel and Defendant’s counsel a written report listing the name and contact information of each Excluded Class Member and any Class Member who has objected to the Settlement. O. Class Members who submit timely Claims that are validated by the Settlement Administrator are referred to as the “Participating Class Members.” Only Participating Class Members will be entitled to receive settlement payments under the Settlement, in which case the entire Settlement Agreement shall be null and void. Alternativelyaccordance with Section VIII, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writingbelow.

Settlement Administration. 6.1 Apple A. Within twenty-one (21) days of the execution of this Agreement, Defendants will provide a list of the name, last known U.S. Mail address, and email address, to the extent available, of each Class Member (the “Class List”) to the Settlement Administrator (but not Administrator, with a copy to Class Counsel) the names. The Class List shall be designated as Confidential and used only for purposes of this Settlement, addresses, email addressesincluding settlement administration, and iPhone 4 shall be destroyed by Class Counsel upon final distribution of the Settlement Amount, with a written confirmation of destruction provided to Defendants’ counsel. B. The Parties shall use reasonable and iPhone 4S serial numbers for all best efforts to ensure that no later than twenty- eight (28) days following the Preliminary Approval Date, the Settlement Administrator will email the Court-approved Summary Class Notice to the last-known email address of each Class Member, as reflected in the Class List. The date on which the email notice is disseminated to Class Members is referred to as the “Notice Date.” The emailed Summary Class Notice will include a link to the Settlement Website (discussed below) or other suitable methodology to enable the email recipient to submit a Claim electronically. For individuals with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this Settlement. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Class Member for whom Apple has List does not contain an email address (if any), the Settlement Administrator will send a copy of the Email Summary Class Notice substantially in to the form attached hereto as Exhibit A. The Email Notice shall inform Class Members of individual’s last-known mailing address, to the fact of the settlement and extent that settlement information is available on in the Settlement Website or by calling the TollClass List, via first class U.S. Mail, postage pre-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on filepaid. Prior to such mailing, the Settlement Administrator shall mail to each will run the Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information is available on the Settlement Website or by calling the TollMembers’ last-Free Number. All Postcard Notices returned by known addresses through the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in Service’s National Change of Address (“NCOA”) database and update the Class that may be submitted by individuals who believe themselves to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class MemberList as appropriate. If the Applicant is confirmed to be a Settlement any emailed Summary Class Member, they shall be added to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final Notice documents are “bounced back” as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. The Settlement Administrator shall make best efforts to confirm or reject all Applications for Inclusion in the Class within 90 days of the Notice Date. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. The Settlement Administrator shall withdraw that amount from the Settlement Fund to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of $1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon capundeliverable, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1. 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 within fourteen (14) days after the Notice Date, the Settlement Administrator shall give written notice will mail a copy of the Summary Class Notice to Apple and the person’s last-known mailing address, to the extent that information is available in the Class List, as updated by the NCOA database. Class Counsel is authorized to direct the Settlement Administrator to undertake additional steps to disseminate the Summary Class Notice. C. For a period of twenty-one (21) days following the Notice Date, if any mailed Summary Class Notice is returned to the Settlement Administrator as undeliverable, the Settlement Administrator will perform a skip-trace and/or other customary address search in an attempt to locate a valid address, and if a new address is obtained, will re-mail the Summary Class Notice to that address. D. No later than the Notice Date, the Settlement Administrator will establish a Settlement Website on which it will make available the First Amended Complaint, the Settlement Agreement, the order granting preliminary approval of the total number of Settlement, the Summary Class Members who have elected to exclude themselves from Notice, the Settlement Class. If Long Form Class Notice, the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold Claim Form (in a format that may be printed), and any other materials agreed to by the Parties Parties. The Settlement Website will include a mechanism by which individuals whose name and confidentially contact information appears in the Class List and who receive an emailed Summary Class Notice or a mailed Summary Class Notice may submit a Claim electronically via the Settlement Website. E. If any individual who does not appear in the Class List contacts the Settlement Administrator to request a claim form, the Settlement Administrator will provide that person with a paper Claim Form substantially in the form of Exhibit D. F. The date that is forty-five (45) days after the Notice Date shall be referred to as the “Claim/Exclusion/Objection Deadline.” G. In order to receive a share of the Settlement Amount, Class Members must file a timely Claim, either electronically via the Settlement Website or a paper Claim Form, and that Claim must be validated by the Settlement Administrator. 1. Completed Claims that are timely submitted electronically through the Settlement Website by individuals to whom the emailed or mailed Summary Class Notice was sent will be deemed valid. 2. Completed Claims that are submitted in the form of a paper Claim Form will be deemed valid if the claimant’s name and the claimant’s mailing address and/or email address match information in the Class List. The paper Claim Form must be completed and signed by the claimant. H. To be timely, the Claim must be returned to the Court with Settlement Administrator no later than the Preliminary Approval MotionClaim/Exclusion/Objection Deadline. If the Claim is returned via the Settlement Website, Applethe date of return will be the date of submission through the Settlement Website. If the Claim is returned by U.S. Mail, the date of return will be the date of postmark. If the Claim is returned by personal delivery or email, the date of return will be the date the Claim is received by the Settlement Administrator. Class Counsel or Defendants, in its sole their respective discretion, may elect direct the Settlement Administrator to reject treat as timely a Claim received by the Settlement Administrator after the Claim/Objection/Exclusion Deadline and before the Final Approval Hearing. I. If the Settlement Administrator disallows a Claim based on a deficiency that can be cured (such as the failure to sign the Claim Form), the Settlement Administrator may either waive the deficiency or notify the claimant by postcard of the reason for the disallowance and invite the claimant to cure the deficiency. The Settlement Administrator will consider any additional information or corrective action by the claimant so long as the additional information or corrective action is submitted within twenty-one (21) days after the mailing of the notice of deficiency. Class Counsel and Defendants shall be kept apprised of the volume and nature of deficient claims and Class Counsel shall be allowed to communicate with Class Members as they deem appropriate in an effort to cure such deficiencies. Nothing in this Settlement, in which case the entire Settlement Agreement shall prohibit or restrict Defendants from communicating with Class Members to the extent required in the normal course of Defendants’ business. J. In the event multiple or conflicting claims are submitted with respect to the same name or transaction, then subject to any order the Court may make, the Settlement Administrator shall have authority to resolve the issue as between the claimants. K. Unless otherwise ordered by the Court, the Settlement Administrator’s decision regarding the validity of any Claim will be null final and voidnot subject to review or appeal. L. Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator as provided in this Section. AlternativelyThe request for exclusion must be in writing, Apple may elect to waive this condition must list the Class Member’s name, mailing address, and proceed telephone number, along with the Settlement. Any such waiver by Apple must statement “I wish to be unambiguous and in writing.excluded from the Nakai x. Xxxxxx

Settlement Administration. 6.1 Apple will provide 8.1 KCC, or other Settlement Administrator designated hereunder, shall serve as the Settlement Administrator, subject to Court approval as part of the motion for a Preliminary Approval Order. 8.2 In addition to the duties set forth in paragraph 2 above, the Settlement Administrator (but shall be authorized to undertake all tasks and duties that are reasonably necessary to carry out the claims administration provisions of this Agreement, including without limitation: 8.2.1 processing of Claim Forms; 8.2.2 arranging for the Cash Payment to Settlement Class Members; 8.2.3 implementing reasonable procedures designed to avoid payment with respect to any fraudulent or unsupported Claim Form; 8.2.4 implementing reasonable procedures to ensure an acceptable level of reliability and quality control in the processing of Claim Forms; 8.2.5 communicating with Settlement Class Members regarding the claims administration process; provided that the Settlement Administrator shall not be required to respond to requests for legal advice, which requests shall be referred to Class Counsel. 8.3 The Claim Bar Deadline shall be one hundred and twenty (120) the names, addresses, email addresses, and iPhone 4 and iPhone 4S serial numbers for all Class Members with respect to whom it has records. The Settlement Administrator shall administer the notice described herein and pursuant to the Preliminary Approval Order. The Settlement Administrator shall keep calendar days after the Class Member identities and contact information strictly confidential and shall only use them for purposes of administrating this SettlementNotice Date or, if such day falls on a Sunday or holiday, the first business day thereafter. 6.2 The Parties agree upon and will request the Court’s approval of the following forms and methods of notice to the Settlement Class: 6.2.1 8.4 The Settlement Administrator shall establish and maintain the Settlement Website, xxx.xxxxxxxxxxxxxxxx.xxx. The Settlement Website shall be optimized for viewing on both mobile devices and personal computers. The Settlement Website will include the operative complaint and answer to implement appropriate procedures for: (a) determining that complaint, this Agreement, the Long-form Notice, the Preliminary Approval Order, Plaintiffs’ Motion for Attorneys’ Fees and Costs, a set of frequently asked questions, information on how to object or request exclusion, and contact information for Class Counsel and the Settlement Administrator. The Settlement Website will also include person submitting a means for Class Members to electronically submit an Application for Inclusion in the Class. 6.2.2 The Settlement Administrator shall set up Claim Form is a toll-free telephone number (the “Toll-Free Number”) through which Class Members can receive instructions for accessing settlement information and case documents. 6.2.3 The Settlement Administrator shall email to each Resident Class Member for whom Apple has an email address or Successor Class Member; and (b) processing submitted Claim Forms. If a copy of the Email Notice substantially in the form attached hereto question arises as Exhibit A. The Email Notice shall inform Class Members of the fact of the settlement and that settlement information is available on the Settlement Website to whether or by calling the Toll-Free Number. 6.2.4 For Class Members for whom the above Email Notice is returned as undeliverable and for Class Members for whom there is not a valid email address on file, the Settlement Administrator shall mail to each Class Member for whom a mailing address can be located the Postcard Notice in the form attached hereto as Exhibit C, informing Class Members of the fact of the settlement and that settlement information person is available on the Settlement Website or by calling the Toll-Free Number. All Postcard Notices returned by the U.S. Postal Service with a forwarding address will be re-mailed to the new address. 6.3 The Settlement Website shall include an Application for Inclusion in the Class that may be submitted by individuals who believe themselves entitled to be Settlement Class Members but who have not received email or mail notice. The deadline to submit an Application for Inclusion in the Class shall be 60 days after Notice Date and shall be clearly stated on the Settlement Website. Individuals submitting the form (“Applicants”) shall provide their name, address, email address, and serial number of the iPhone 4 or iPhone 4S for which they believe they are entitled to a Class Payment and shall state under penalty of perjury that they believe they meet the Settlement Class criteria. The Settlement Administrator shall use its best efforts in consultation with Apple to confirm whether the Applicant is a Settlement Class Member. If the Applicant is confirmed to be a Eligible Settlement Class Member, they including without limitation, questions as to whether a Claim Form is required, timely or complete, Class Counsel shall be added have the sole discretion to direct the Settlement Administrator to make a Cash Payment to the Settlement Class and shall be entitled to a Class Payment under Section 2.4. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery, if any, for any iPhone 4 or iPhone 4S. Member. 8.5 The Settlement Administrator shall make best efforts an initial determination that the submitted Claim Form has been timely mailed (as determined by the postmark date), signed and properly completed. If a Claim Form submitted by a Settlement Class Member is timely, but includes non-material deficiencies (including without limitation, an incomplete Probate Code declaration for a Successor Class Member), the Settlement Class Member shall be given the opportunity to confirm or reject all Applications for Inclusion in correct the Class Claim Form (and, if applicable, Probate Code declaration) within 90 thirty (30) days of written notice from the Notice DateSettlement Administrator. 6.4 The Settlement Administrator has agreed to perform all settlement administration duties required by the Settlement Agreement at a cost not to exceed $1,406,119. 8.6 The Settlement Administrator shall withdraw that amount provide all Counsel with timely reports as to completion of Class Notice, status of claims accepted, rejected or deemed deficient, any objections or other questions from Settlement Class Members and any other pertinent information regarding class notice and claims administration. 8.7 All Settlement Administration Costs shall be paid from the Settlement Fund Amount up to cover all costs and expenses related to the settlement administration functions to be performed by the Settlement Administrator, including the notice and claims administration process. In the event that unanticipated costs and expenses arise in connection with the notice and/or claims administration process, such that they exceed the capped amount of two hundred fifty thousand dollars ($1,406,119, the Settlement Administrator shall promptly raise the matter with Apple Counsel and Class Counsel no later than 90 days after the first checks are mailed under Section 2.5. If both Apple and Class Counsel, acting in good faith, agree that unanticipated costs and expenses justify an increase to the amount payable to the Settlement Administrator in excess the agreed-upon cap, then the amount in excess of the capped amount shall be paid for exclusively out of the Settlement Fund by way of any funds represented by checks that remain uncashed after 210 days, as contemplated under Section 2.7. Apple shall under no circumstances be responsible for any costs of settlement administration in excess of its contribution to the Settlement Fund under Section 2.1250,000.00). 6.5 The Email Notice, Postcard Notice, and the Long-form Notice shall provide information on the procedure by which Class Members may exclude themselves from the Settlement Class, or object to the Settlement. 6.6 No later than 75 days after the Notice Date, the Settlement Administrator shall give written notice to Apple and to Class Counsel of the total number of Class Members who have elected to exclude themselves from the Settlement Class. If the number of Class Members who elect to exclude themselves from the Settlement Class exceeds the threshold agreed to by the Parties and confidentially submitted to the Court with the Preliminary Approval Motion, Apple, in its sole discretion, may elect to reject this Settlement, in which case the entire Settlement Agreement shall be null and void. Alternatively, Apple may elect to waive this condition and proceed with the Settlement. Any such waiver by Apple must be unambiguous and in writing.