Common use of Settlement Administration Clause in Contracts

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to Defendants. b. The Settlement Administrator will perform the foregoing duties based on the Class Member Data, which data shall be presumed to be correct. In addition, Defendants shall, within seven (7) 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 Class: name, last known address, last known phone number (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 determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (14) 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 Form in conformity with this Agreement; and (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”). Defendants and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants and Class Counsel shall have ten (10) days after receiving the electronic report to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty percent (20%) of the total number of Proposed Class Members, Defendants have the right, in their sole discretion, to terminate or not to terminate the Settlement. If Defendants choose to exercise this right, they 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 $6,500. The costs, fees, and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsThe Company, 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 the data provided by Class Member DataCounsel and The Company, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, The Company shall, within seven thirty (730) 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (75) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (14) business days after the Notice Deadline, the Settlement Administrator shall provide Defendants The Company 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 Form in conformity with this Agreement; and (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 The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. The Company and Class Counsel shall have ten seven (107) business days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) business days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants The Company and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty ten percent (2010%) of the total number of Proposed Class Members, Defendants have The Company has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose The Company chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.8.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 Twenty-five Thousand Dollars ($6,50025,000.00). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing and/or 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to Defendants. b. The Settlement Administrator will perform the foregoing duties based on the data provided by Class Member DataCounsel and Defendants, which data shall be presumed to be correct. In additionaddition to the data described in Section 4, above, Defendants shall, within seven twenty-one (721) 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: name, last known address, last known phone number 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) 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 Form in conformity with this Agreement; and (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”). Defendants and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants and Class Counsel shall have ten (10) days after receiving the electronic report to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty percent (20%) of the total number of Proposed Class Members, Defendants have the right, in their sole discretion, to terminate or not to terminate the Settlement. If Defendants choose to exercise this right, they 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 $6,500. The costs, fees, and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.;

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsPrecision Door, 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 the data provided by Class Member DataCounsel and Precision Door, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, Precision Door shall, within seven (7) days after this Agreement is preliminarily approved by the Superior CourtFebruary 16, 2024, 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants Precision Door 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 Form in conformity with this Agreement; and (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 Defendant and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. Defendant and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants Defendant and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty seven and a half percent (207.5%) of the total number of Proposed Class Members, Defendants have Defendant has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose Defendant chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.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 $6,50020,000.00. The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of calculating the Settlement AwardsAwards based on the data provided by Defendant, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsDefendant, and issuing the Service Awards, Full Release Awards, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award. b. The Settlement Administrator will shall perform the foregoing duties based on the data provided by Class Member DataCounsel and Defendant, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4. above, Defendants Defendant shall, within seven thirty (730) calendar 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 phone telephone number (if anyknown and reasonably accessible), ; and (iv) unredacted 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 transmitted by a fully encrypted secured sharefile link, and the Settlement Administrator shall not use or disclose any such data to any persons or entities except as required by this Settlement, law, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (75) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (14) business days after the Notice Deadline, the Settlement Administrator shall provide Defendants Defendant and Class Counsel with (1) an electronic report setting forth the names and identities (without other identifying information) of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; and (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”). Defendants and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants and Class Counsel shall have ten (10) days after receiving the electronic report to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty percent (20%) of the total number of Proposed Class Members, Defendants have the right, in their sole discretion, to terminate or not to terminate the Settlement. If Defendants choose to exercise this right, they 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 $6,500. The costs, fees, and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.;

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsTriple Canopy, and issuing the Service Awards, the Settlement Administration Expenses Award, and the Attorney’s Fees and Costs Award. b. The Settlement Administrator will perform the foregoing duties based on the data provided by Class Member DataCounsel and Triple Canopy, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, Triple Canopy shall, within seven fifteen (715) business days after this Agreement is preliminarily approved following preliminary approval of the Proposed Settlement 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants Triple Canopy 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 Form in conformity with this Agreement; and (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 Defendant and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. Defendant and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants Defendant and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty seven and a half percent (207.5%) of the total number of Proposed Class Members, Defendants have Defendant has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose Defendant chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.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 $6,50012,000.00. The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing 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, reviewing Class Counsel’s disputes to its calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsEOH, 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 the data provided by Class Member DataCounsel and EOH, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, EOH shall, within seven thirty (730) 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants EOH 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 Form in conformity with this Agreement; and (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 EOH and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. EOH and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants EOH and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty seven and a half percent (207.5%) of the total number of Proposed Class MembersMembers (i.e., Defendants have if 18 or more Proposed Class Members submit timely and valid Exclusion Letters, assuming the class size is and remains 227), EOH has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose EOH chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.7.c., above. In the event that the Proposed Class contains seven and a half percent (7.5%) more Proposed Class Members, as of the hearing on Plaintiff’s motion for preliminary approval of the Settlement, than the 227 of which Class Counsel were informed in December 2022 (i.e., 245 or more total Proposed Class Members), then Plaintiff will have the right to void the Settlement unless EOH agrees to proportionately increase the Maximum Settlement Amount to account for those individuals. 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 Seven Thousand Dollars ($6,5007,000.00). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing 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, reviewing Class Counsel’s calculation of calculating the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsThe Company, and issuing the Service Award, the Settlement Administration Expenses Award, the Attorney’s Fees and Costs Award. b. The Settlement Administrator will perform the foregoing duties based on data provided by Class Counsel and the Class Member DataCompany, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, the Company shall, within seven (7) 45 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) last known email address (if known and reasonably accessible); (v) social security number; and (vi) number of shifts worked during the Settlement Class Period. 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 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants the Company 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 Form Letter in conformity with this Agreement; and (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 The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. The Company and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants the Company and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty percent (20%) 10% of the total number of Proposed Class Members, Defendants have the Company has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose The Company chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.7.c., above. e. In the event the actual number of shifts worked by the Proposed Class Members during the Settlement Class Period is more than 5% greater than the 1,437,003 shifts that Class Counsel estimated as part of the Parties’ negotiation process described in Paragraph IV, above, based on the data provided by the Company (i.e., 1,508,854 or more total shifts), then Plaintiff will have the right to void this Agreement unless the Company agrees to proportionately increase the Gross Settlement Amount to account for all shifts beyond 1,437,003. f. 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 $6,50075,000.00. The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsHRG. b. The Settlement Administrator will perform the foregoing duties based on the data provided by Class Member DataCounsel and HRG, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, HRG shall, within seven thirty (730) 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants HRG 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 Form Letter in conformity with this Agreement; and (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 HRG and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. HRG and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants HRG and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty ten percent (2010%) of the total number of Proposed Class MembersMembers (i.e., Defendants have if 17 or more Proposed Class Members submit timely and valid Exclusion Letters, assuming the class size is and remains170), HRG has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose HRG chooses to exercise this right, they it shall give written notice to Class Counsel within ten seven (107) days after receiving the report from the Settlement Administrator required by Section 7.cVI.7.c., above. In the event that the Proposed Class contains ten percent (10%) more Proposed Class Members, as of the hearing on Plaintiff’s motion for preliminary approval of the Settlement, than the 170 of which Class Counsel were informed on April 8, 2021 (i.e., 187 or more total Proposed Class Members), then Plaintiff will have the right to void the Settlement unless HRG agrees to proportionately increase the Maximum Settlement Amount to account for those individuals. 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 Twelve Thousand Five Hundred Dollars ($6,50012,500.00). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsNippon, 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 the Class Member Datadata provided by Nippon, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4(a), Defendants above, Nippon shall, within seven thirty-five (735) calendar 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 Class: (i) name, ; (ii) last known address, ; (iii) last known phone telephone number (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants Nippon 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 Form in conformity with this Agreement; and (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 Nippon and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. Nippon and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants Nippon and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty seven and one-half percent (207.5%) of the total number of Proposed Class Members, Defendants have Nippon has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose Nippon chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.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 ($6,50015,000). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsSea Mar, 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 the data provided by Class Member DataCounsel and Sea Mar, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, Sea Mar shall, within seven twenty (720) 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 phone number telephone (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants Sea Mar 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 Form in conformity with this Agreement; and (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 Sea Mar and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. Sea Mar and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants Sea Mar and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty seven and a half percent (207.5%) of the total number of Proposed Class Members, Defendants have Sea Mar has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose Sea Mar chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.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 ($6,50015,000.00). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall help implement the terms of this Agreement. The Settlement Administrator shall (a) be responsible for updating all Proposed Class Members’ addresses, mailing and emailing the Notice of Settlement to the Proposed Class, (b) tracing undeliverable mailings, (c) recording and tracking responses to the mailings to the Proposed Class, (d) tracking and responding to any inquiries made by any member of the Proposed Class, reviewing Class Counsel’s calculation (e) receive and catalogue all Opt-Outs, (f) make any additional mailings or e-mailings required under the terms of this Agreement, , (g) assist with the administration of the Settlement AwardsAgreement, and (h) perform any other related tasks mutually agreed to by the Parties. . b. The Settlement Administrator shall also be responsible for establishing a the Qualified Settlement Fund (“QSF”) pursuant to Section §468B(g) of the Internal Revenue Code for purposes of receiving the Maximum Settlement Amount and administering this the Settlement, as well as (a) issuing the necessary checks for all Settlement Awards, (b) issuing all required tax documents (such as Forms W-2 and 1099-MISC), and (c) performing all related tax reporting to taxing authorities and to Defendants. b. The NNA, (d) issuing all payments in the form of the Service Award, if any, the Settlement Administrator will perform Administration Expenses Award, and the foregoing duties based on Attorney’s Fees and Costs Award, and (e) calculate the Settlement Awards and make all required payments from the Class Member Data, which data shall be presumed to be correct. In addition, Defendants shall, within seven (7) 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 Class: name, last known address, last known phone number (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 orderFund. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants NNA and Class Counsel with (1) an electronic report setting forth the names and identities contact information of all Proposed Class Members who submitted a valid and timely Exclusion Form in conformity with this Agreement; and (2) an electronic report setting forth the names and identities contact information 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 NNA and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. NNA and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants NNA and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In Notwithstanding any other provisions of this Agreement, in the event the number of Proposed Class Members who have timely requested exclusion from opting out of the Settlement exceeds twenty settlement constitutes more than ten percent (2010%) of the total number of Proposed Class Members, Defendants have NNA has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose to exercise this right, they shall give Settlement by written notice to Class Counsel within Counsel, sent by e-mail no later than ten (10) business days after receiving the report from the Settlement Administrator required by Section 7.cVI.7.c., above. e. As part of seeking the Superior Court’s final approval of this Settlement, Class Counsel will shall apply to the Superior Court for a Settlement Administration Expenses Award of no more than $6,500. The costs, fees, and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by to compensate the CourtSettlement Administrator for the costs, fees and expenses reasonably incurred in administering this Settlement. Absent court approval, Class Counsel shall be solely responsible for the Settlement Administration Expenses Award.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to Defendantsthe Company, 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 the data provided by Class Member DataCounsel and Arjo, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4., Defendants above, Arjo shall, within seven thirty (730) 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 phone telephone number (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants the Company 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 Form in conformity with this Agreement; and (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 The Company and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. The Company and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants the Company and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty fifteen percent (2015%) of the total number of Proposed Class Members, Defendants have the Company has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose the Company chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.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 Three Thousand Dollars ($6,5003,000). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to Defendants. b. The Settlement Administrator will perform the foregoing duties based on the data provided by Class Member DataCounsel and Defendants, which data shall be presumed to be correct. In additionaddition to the data described in Section 4, above, Defendants shall, within seven twenty-one (721) 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: name, last known address, last known phone number 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, law or Court order. c. The Settlement Administrator shall also have the responsibility to determine any Proposed Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class Member). 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 seven (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (14) 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 Form in conformity with this Agreement; and (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 review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. Defendants and Class Counsel shall have ten (10) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty percent (20%) of the total number of Proposed Class Members, Defendants have the right, in their sole discretion, to terminate or not to terminate the Settlement. If Defendants choose to exercise this right, they 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 Four Thousand dollars ($6,5004,000.00). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.

Settlement Administration. a. The Settlement Administrator shall be responsible for updating all Proposed Class Members’ addresses, mailing and emailing the Notice of Settlement to the Proposed Class, tracing undeliverable mailings, recording 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, reviewing Class Counsel’s calculation of the Settlement Awards, and any other related tasks mutually agreed to by the Parties. The Settlement Administrator shall also be responsible for establishing a Qualified Settlement Fund (“QSF”) pursuant to Section 468B(g) of the Internal 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), and performing all related tax reporting to taxing authorities and to DefendantsWestbay, 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 the Class Member Datadata provided by Westbay, which data shall be presumed to be correct. In additionaddition to the data described in Section VI.4(a), Defendants above, Xxxxxxx shall, within seven twenty-one (721) calendar 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 Class: (i) name, ; (ii) last known address, ; (iii) last known phone telephone number (if anyknown and reasonably accessible), ; (iv) email address (if known and reasonably accessible); and (v) 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 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 Class Member’s eligibility for a Settlement Award (i.e., to determine whether any Proposed Class Member is a Settlement Class A Member and/or Settlement Class B Member). 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 seven five (7) days after the Notice Deadline, Class Counsel shall provide Defendants and the Settlement Administrator with true and complete copies of any Exclusion Letters or Objections to the Settlement received from Proposed Class Members, along with their envelopes. Within fourteen (145) days after the Notice Deadline, the Settlement Administrator shall provide Defendants Westbay 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 Form in conformity with this Agreement; and (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 Westbay and Class Counsel shall be entitled to review the eligibility determinations made by the Settlement Administrator for compliance with the terms of this Agreement. Defendants The Settlement Administrator shall retain the originals of all Exclusion Letters returned, along with their envelopes, and objections received. Westbay and Class Counsel shall have ten seven (107) days after receiving the electronic report and related documentation from the Settlement Administrator to challenge any Exclusion Letter and/or eligibility determination in writing directed to the Settlement Administrator. Within five (5) days after a submitting such concerns to the Settlement Administrator, the Parties shall meet and confer in an attempt to resolve any disputes relating to the subject Exclusion Letters and/or eligibility determinations. In the event the Parties are unable to reach resolution on any 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 provide the final results of its eligibility determinations to Defendants Westbay and Class Counsel, which results will include the names and identities of all Settlement Class Members and the identity names of all individuals who opted out of the Settlement. d. In the event the number of Proposed Class Members who have timely requested exclusion from the Settlement exceeds twenty ten percent (2010%) of the total number of Proposed Class Members, Defendants have Xxxxxxx has the right, in their its sole discretion, to terminate or not to terminate the Settlement. If Defendants choose Xxxxxxx chooses to exercise this right, they it shall give written notice to Class Counsel within ten (10) days after receiving the report from the Settlement Administrator required by Section 7.cVI.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 Seven Thousand Five Hundred Dollars ($6,5007,500). The costs, fees, fees and expenses incurred by the Settlement Administrator in administering this Settlement shall be paid from the Settlement Administration Expenses Award approved by the Court.