Common use of Settlement Administrator Clause in Contracts

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator62. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email effectuating the Notice to Settlement Class members Program and distributing the Settlement Fund as provided herein. 5763. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, Administrator are as follows: a. Use the name name, address and address Relevant Fee information for Settlement Class members provided by Navy Federal Defendant in connection with the Notice process Program approved by the Court, for the purpose of mailing distributing the Mailed Postcard Notice and sending the Email Notice, and later mailing distribution checks Settlement Class Member Payments to Former Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal Defendant to make the payment Settlement Class Member Payments by a credit to the Current Settlement Class Members’ Members Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal Defendant that summarize summarizes the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator58. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members Members and distributing the Settlement Fund as provided herein. 5759. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members Members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members Members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members Members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize summarizes the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval;. i. Identify to if funds remain available, pay Navy Federal for the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow AccountAdministration Costs it paid; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any k. any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has settlement funds have been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected The Settlement Administrator shall help implement the terms of the Settlement AdministratorAgreement. The Settlement Administrator shall administer various aspects maintain reasonably detailed records of the its activities under this Agreement. The Settlement as described in the next paragraph hereafter and perform Administrator shall maintain all such other functions records as are specified for the required by applicable law in accordance with its normal business practices. The Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as followsshall be responsible for: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court(a) Establishing, for the purpose of mailing the Mailed Notice and sending the Email Noticedesigning, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain maintaining the Settlement Website; d. Establish (b) Disseminating Notice, including Email Notice, Mailed Notice, and maintain an automated toll-free telephone line for Website Notice, in accordance with this Agreement, the Notice Plan, and the Court’s orders; (c) Monitoring and responding to inquiries from Settlement Class members Members in a timely fashion and, where necessary, forwarding such written inquiries to call Class Counsel; (d) Accurately and objectively describing the terms of the Agreement in communications with SettlementSettlement Class Members, including training its employees and agents accordingly; (e) Receiving and compiling Opt-related inquiriesOut Forms and any other correspondence requesting exclusion from the Settlement Classes; (f) Receiving and processing Claims, determining the validity of Claims, maintaining a database of Claims, and answer the frequently asked questions of distributing Settlement Payments to Settlement Class members who call with or otherwise communicate such inquiriesMembers; e. Respond to (g) Providing periodic reports and accountings on Claims, Objections, Opt- Out Forms and any mailed Settlement Class member inquiries; f. Process all other requests for exclusion from the Settlement ClassSettlement, and any other such information that may be reasonably requested by Class Counsel and Defendants’ Counsel; g. Provide weekly reports (h) Preparing declaration(s) attesting to compliance with the Notice requirements in this Agreement and providing such declaration(s) to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent informationDefendants’ Counsel; h. In advance (i) Seeking further clarification or authorization from Class Counsel and Defendants’ Counsel when necessary for performance of its duties and the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names expenditure of each Settlement Class member who timely and properly opted-out cash from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final ApprovalFund; i. Identify to Navy Federal (j) Ensuring the amount privacy and security of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those data associated with Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at (k) Otherwise assisting with implementation and administration of the instruction terms of Class Counsel and Navy Federal, including, but not limited to, verifying that the this Settlement Fund has been distributedAgreement.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator59. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email effectuating the Notice to Settlement Class members Program and distributing the Settlement Fund as provided herein. 5760. Settlement Administration Costs shall be paid from the Settlement Fund. In the event the Settlement is terminated subsequent to the incurrence of Settlement Administration Costs, TD Bank shall not be entitled to recoup those costs. 61. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, Administrator are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal Defendant in connection with the Notice process Program approved by the Court, for the purpose of mailing distributing the Mailed Email Notice and sending the Email Postcard Notice, and later mailing distribution checks Settlement Class Member Payments to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal Defendant to make the payment Settlement Class Member Payments by a credit to the Settlement Class MembersCurrent Account Holders’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Member inquiries; f. Process all requests for exclusion (opt outs) from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal Defendant that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 5627. Class Counsel, in consultation with Navy Federal, has selected The Parties agree to the appointment of Epiq as Settlement Administrator to perform the services described herein. Allstate shall be solely responsible for the payment of the Settlement Administrator's fees and costs relating to the effectuation of the Class Notice as described herein. Settlement administration fees and costs are separate from, and are not included as, part of the lawsuit expenses and costs that Allstate separately agrees to pay as part of those Attorneys’ Fees and Costs approved by the Court. 28. The Settlement Administrator shall administer assist with the various aspects administrative tasks set forth herein and any others necessary to implement the terms of this Agreement and the Proposed Settlement as preliminarily approved, including (i) mailing and emailing or arranging for the mailing and emailing, respectively, of the Settlement Mail and E-Mail Notices described above and submitting to the Parties and Court an affidavit offering proof thereof; (ii) handling mail returned as described in not delivered and making additional mailings required under the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties terms of the Settlement AdministratorAgreement; (iii) responding, in addition as necessary, to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder inquiries from Settlement Class Members; (iv) providing to the Parties, within five (5) business days of receipt, copies of all objections, motions to intervene, notices of intention to appear, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to ; (v) preparing a list of all Persons who timely requested exclusion from the Settlement Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit submitting to the Court confirming the Opt-Out List and supporting affidavit ten (10) days before the Fairness Hearing scheduled by the Court; (vi) preparing a list of all Persons who submitted objections to the settlement and submitting an affidavit testifying to the accuracy of that the Notice Program was completedlist; (vii) preparing a list of all Persons who make a timely claim; (viii) implementing procedures for processing and handling Claims submissions; and (ix) promptly responding to requests for information and documents from Class Counsel, that the Class Action Fairness Notice requirements have been metAllstate, describing how the Notice Program was completedand/or Allstate's Counsel. 29. As set forth herein, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement ClassAdministrator shall setup, as well as those Settlement Class Members that timely filed objectionscoordinate, maintain and/or implement (a) the post office box described in Paragraph 26; (b) the website described in Paragraph 19-21; and other information as may be necessary to allow (c) the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all taxtoll-related services for the Escrow Account as provided free IVR number described in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributedParagraph 25.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator52. The Settlement Administrator shall administer various aspects of the Settlement as described in the next following paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including. These functions include, but are not limited to, providing Mailed and Email administering the Notice to Settlement Class members Program and distributing funds from the Settlement Fund Administration Account as provided herein. 57in this Agreement. The duties of Amegy and Class Counsel shall jointly oversee the Settlement Administrator, in . 53. In addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, the Settlement Administrator’s duties are as follows: a. Use Obtain from Class Counsel and Amegy the name and address information for Settlement Class members provided by Navy Federal in connection with Members’ names and addresses (to the Notice process approved by extent available), and verify and update the Courtaddresses received through the National Change of Address database, for the purpose of mailing administering the Mailed Notice and sending the Email NoticeProgram, and later mailing distribution checks to Former Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal Amegy to make the payment by a credit to the Settlement Class Members’ Accounts; b. Administer the Notice Program as described in Section VIII; c. Establish and maintain a Post Office box for requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. d. Establish and maintain the Settlement Website; d. e. Establish and maintain an automated toll-free telephone line for Settlement Class members Members to call with Settlement-related inquiriesquestions, and answer the frequently asked questions of Settlement Class members Members who call with or otherwise communicate such inquiries; e. f. Respond to any mailed Settlement Class member Member inquiries; f. g. Process all requests for exclusion from the Settlement Class; g. h. Provide weekly reports and, no later than five (5) days after the end of the Opt- Out Period, a final report to Class Counsel and Navy Federal that summarize Amegy summarizing the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. i. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of identifies each Settlement Class member Member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those ; j. Process and transmit distributions to Settlement Class Members that timely filed objections, and other information as may be necessary to allow from the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Administration Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval approved by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any Perform any other Settlement-administration-related function at the instruction of Class Counsel and Navy FederalAmegy, including, but not limited to, verifying that Settlement Amount has been distributed as required by Sections XII and XIII of the Agreement. All costs that the Settlement Fund has been distributedAdministrator incurs which are permitted by this Agreement shall be paid from the Settlement Amount.

Settlement Administrator. 5610. Class CounselThe Parties agree to the appointment of A.B. Data, in consultation with Navy Federal, has selected Ltd. as Settlement Administrator to perform the services described herein. Defendant shall be solely responsible for the payment of the Settlement Administrator’s fees and costs, including all costs relating to dissemination of class notice and claims administration. Payments to Settlement Class Members will not be reduced or affected in any way by Defendant’s agreement to pay the fees and costs of the Settlement Administrator. 11. The Settlement Administrator shall administer assist with the various aspects administrative tasks set forth herein and any others necessary to implement the terms of this Agreement and the Proposed Settlement as preliminarily approved, including: (i) sending Email Notice and mailing or arranging for the mailing of the Settlement Postcard Notice described herein and submitting to the Parties and Court an affidavit offering proof thereof; (ii) handling email or mail returned as described in not delivered and making additional mailings as required under the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties terms of the Settlement AdministratorAgreement; (iii) responding, in addition as necessary, to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder inquiries from Settlement Class Members; (iv) providing to Class Counsel and Defendant’s Counsel, within three (3) business days of receipt, copies of all objections, motions to intervene, notices of intention to appear, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to ; (v) preparing a list of all Persons who timely requested exclusion from the Settlement Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit submitting to the Court confirming the Opt- Out List and supporting affidavit no later than ten (10) days before the Fairness Hearing scheduled by the Court; (vi) preparing a list of all Persons who submitted objections to the settlement and submitting an affidavit testifying to the accuracy of that the Notice Program was completedlist; (vii) preparing a list of all Persons who make a timely claim; (viii) implementing procedures for processing and handling claims submissions consistent with Section VIII; and (ix) promptly responding to requests for information and documents from Class Counsel, that the Class Action Fairness Notice requirements have been metDefendant, describing how the Notice Program was completedand/or Defendant’s Counsel. 12. As set forth herein, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement ClassAdministrator shall set up, coordinate, maintain and/or implement (a) the post office box described in Paragraph 29; (b) the live call center as well as those described in Paragraph 28; and (c) the website described in Paragraphs 25-27. 13. In no event shall the Parties or their counsel have any liability for the acts or omissions of the Settlement Administrator, or their agents, employees, or contractors. 14. All information submitted or created in connection with claims program (including all information provided in Claim Forms and the emails and addresses furnished to the Settlement Administrator in order to carry out the notice program) is confidential. Such information may be disclosed only to Defendant, Defendant’s counsel, Class Members that timely filed objectionsCounsel, the Settlement Administrator, and other the Court. Such information as may be necessary used only for purposes of performing the obligations and exercising the rights created by this Settlement Agreement or in Court proceedings relating to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount approval of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Proposed Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56JND Class Action Administration, LLC shall serve as the third-party administrator (“Administrator” or “Settlement Administrator”) in connection with the Settlement. Class Counsel, in consultation All costs and fees associated with Navy Federal, has selected the retention of the Settlement Administrator. Administrator (the “Administration Costs”) will be paid from the Maximum Settlement Amount. a. The Settlement Administrator shall administer various aspects serve as the administrator of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere services described in this Agreement, including, but not limited towithout limitation: i. Receive from the Parties and update and maintain as necessary, providing Mailed a mailing list, prepare, mail, and Email Notice email (to Settlement Class members any emails for which the Parties have this information) the Notice, and distributing carry out the follow-up methods of communication set forth herein to effectuate notice; ii. Calculate the Settlement Fund as provided hereinPayments to Potential Collective Members including calculating applicable payroll taxes and withholdings, employer payroll taxes, and, following the Final Judgment, issue and mail settlement checks to the Potential Collective Members, and handle the payment of employee and employer taxes with appropriate taxing authorities. 57iii. The duties Pay, from the Maximum Settlement Amount, the Cost and Fee Award, Separate Awards, the portion of the PAGA Payment to the LWDA, and the Administration Costs as the Court may approve; iv. Resolve any disputes submitted by Potential Collective Members concerning the amount of their Settlement Payment; v. Keep the Parties’ counsel apprised of the status of all mailings of Notices and Settlement Checks, and any returned mailings, and provide weekly reports relating to the same; and vi. Perform any other obligations established in this Agreement or subsequently agreed to by the Parties. b. All disputes relating to the Settlement Administrator’s ability and need to perform its duties shall be referred to the Court, in addition to other responsibilities that are described in if necessary, which will have continuing jurisdiction over the preceding paragraph terms and elsewhere in conditions of this Agreement, until all payments and obligations contemplated by this Agreement have been fully carried out. c. The Administration Costs are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process estimated to be $35,000.00. The estimated Administration Costs shall be approved by the Court, for the purpose of mailing the Mailed Notice Court and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into from the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Maximum Settlement Fund has been distributedAmount.

Settlement Administrator. 56. A. Class Counsel, in consultation with Navy Federal, has selected Counsel and Defendant’s Counsel will jointly select the Settlement AdministratorAdministrator based on the experience, reputation, and proposed costs and charges of potential Settlement Administrators. The Settlement Administrator must consent in writing to perform the functions set forth in this Agreement in accordance with this Agreement. B. The Settlement Administrator shall administer various aspects of the Settlement as described in herein and as approved by the next paragraph hereafter Court, and perform such other functions as are specified for ordered by the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties Court or approved by mutual agreement of the Settlement AdministratorParties, in addition to other responsibilities that are described in including the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and following: (i) sending the Email Class Notice, ; (ii) establishing and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain maintaining the Settlement Website; d. Establish ; (iii) establishing and maintain maintaining a post office box for objections and exclusion requests; (iv) establishing and maintaining an automated toll-free telephone line for Settlement Class members Members to call with Settlement-settlement- related inquiries, inquires and answer the frequently asked answering questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from Members may have about the Settlement Class; g. Provide administration or directing questions to Class Counsel, as appropriate; (v) responding to mailed or e-mailed inquiries about the Settlement administration or directing inquiries to Class Counsel for a response, as appropriate; (vi) providing weekly reports to Class Counsel and Navy Federal that summarize Defense Counsel summarizing the number of claims status and requests for exclusion and/or objections received that weekreceived, which reports may be disclosed by Class Counsel to the total number Court; (vii) providing the identity of exclusion requests and/or objections received Class Members who objected to dateor properly excluded themselves from the Settlement; (viii) providing distributions to the Claimants; (ix) providing Defendant with properly completed and executed tax forms or other appropriate tax information; (x) timely making all necessary elections, withholdings, and reporting to qualify the Settlement as a Qualified Settlement Fund or otherwise complying with any federal or state law governing taxes or unclaimed property; (xi) performing any other pertinent information; h. In advance or additional functions as set forth herein or as requested by the mutual agreement of the Final Approval HearingParties. Any additional functions that do not materially alter the administration of the Settlement, prepare an affidavit to submit to as approved by the Court confirming that in the Notice Program was completedPreliminary Approval Order or Final Order and Judgment, that need not be approved by the Court or explained to Class Members through additional notice, and (xii) providing appropriate notice to federal and state regulators under the Class Action Fairness Notice requirements have been metAct. The Settlement Administrator shall maintain the Administration Account at an independent financial institution selected by Defendant and approved by Class Counsel, describing how that is unaffiliated with the Notice Program was completedSettlement Administrator, providing the names of each Defendant, Plaintiff, Class Counsel, or Defendant’s Counsel. The Settlement Class member who timely and properly opted-out Administrator will only disperse or withdraw funds from the Administration Account after receiving approval from both Class Counsel and Defendant’s Counsel. C. Class Counsel and Defendant’s Counsel will coordinate with the Settlement ClassAdministrator to provide the Class Notice to the Class Members, as well as those provided by the Preliminary Approval Order. The Settlement Class Members that timely filed objectionsAdministrator shall administer the Settlement in accordance with the terms of this Settlement Agreement and, without limiting the foregoing, shall treat any and all documents, communications, and other information as may be necessary to allow and materials received in connection with the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount administration of the Net Settlement Fund required as confidential and shall not disclose any or all such documents, communications, or other information to make Settlement Class Member Payments any person or entity except to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services counsel for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy FederalParties, as provided for in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributedAgreement or by Court order.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected The Settlement Administrator shall help implement the terms of the Settlement AdministratorAgreement. The Settlement Administrator shall administer various aspects of be responsible for: (a) Establishing, designing, and maintaining the Settlement as described in the next paragraph hereafter Website, which will be accessible through commonly used internet service providers and perform such will, among other functions as are specified things, be used for the Settlement Administrator elsewhere electronic submission of Claim Forms; (b) Disseminating Notice, including Direct Email Notice, Supplemental Postcard Notice, Website Notice, Supplemental Digital Notice, as needed, and CAFA Notice, in accordance with this Agreement, includingthe Notice Plan, but not limited toand the Court’s orders; (c) Receiving and processing requests for Claim Forms, providing Mailed and Email Notice promptly delivering Claim Forms to Class members who request them; (d) Monitoring and responding to inquiries from Settlement Class members Members in a timely fashion and, where necessary, forwarding such written inquiries to Class Counsel; (e) Accurately and distributing objectively describing the Settlement Fund as provided herein. 57. The duties terms of the Settlement Administrator, Agreement in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for communications with Settlement Class members provided Members, including training its employees and agents accordingly; (f) Receiving and compiling Opt-Out Forms and any other correspondence requesting exclusion from the Settlement; (g) Receiving and processing Claims, including by Navy Federal in connection maintaining a database of Claims and determining the eligibility of Claims for payment consistent with the Notice process approved this Agreement or as otherwise ordered by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks distributing Settlement Payments to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish (h) Establishing appropriate claim auditing and maintain a Post Office box for the receipt of opt-out requests verification protocols and objectionsprocedures in consultation with Class Counsel; c. Establish (i) Satisfying Google’s requirements for cybersecurity and maintain the Settlement Websiteprotection of customer information; d. Establish (j) Providing periodic reports on Claims, Objections, Opt-Out Forms and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all other requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to dateSettlement, and any other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming such information that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval reasonably requested by Class Counsel and Navy Federal, as provided Google’s Counsel; (k) Preparing a declaration attesting to compliance with the Notice requirements in this AgreementAgreement and providing such declaration to Class Counsel; (l) Seeking further clarification or authorization from Class Counsel when necessary for performance of its duties and the expenditure of cash from the Settlement Fund; and l. Any other Settlement-administration-related function at (m) Otherwise assisting with implementation and administration of the instruction terms of Class Counsel and Navy Federal, including, but not limited to, verifying that the this Settlement Fund has been distributedAgreement.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator66. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph paragraphs hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement. 67. Class Counsel and Defendant may, includingby agreement, but not limited tosubstitute a different entity as Settlement Administrator, providing Mailed and Email Notice subject to Settlement Class members and distributing approval by the Court if the Court has previously approved the Settlement Fund preliminarily or finally. In the absence of agreement, either Class Counsel or Defendant may move the Court to substitute a different entity as provided hereinSettlement Administrator, upon a showing that the responsibilities of Settlement Administrator have not been adequately executed by the incumbent. 5768. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with Implement the Notice process approved Program required by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accountsthis Agreement; b. Establish and maintain a Post Office box an address for receiving mailed requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. Establish and maintain the Settlement Website as a means for Notice Recipients to obtain notice of and information about the Settlement, through and including hyperlinked access to this Agreement, the Long-Form Notice, the Preliminary Approval Order, and such other documents as Class Counsel and Defendant agree to post or that the Court orders posted on the Settlement Website; d. Establish and maintain an automated a toll-free telephone line for Settlement Class members Notice Recipients to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members Notice Recipients who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Notice Recipient inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports and, no later than five (5) days after the Opt-Out Deadline, a final report to Class Counsel and Navy Federal Defendant’s Counsel that summarize summarizes the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In Payment of any taxes pursuant to paragraph 95; i. At Class Counsel’s and/or Defendant’s counsel’s request, in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that (i) attests to implementation of the Notice Program was completed, that in accordance with the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of Preliminary Approval Order; and (ii) identifies each Settlement Class member Member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those ; j. Process and transmit distributions to Participating Settlement Class Members that timely filed objections, and other information as may be necessary to allow from the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses expenses, and costs upon approval by Class Counsel and Navy FederalDefendant, as provided in this Agreement; and l. Any other Perform any Settlement-administration-related function at the instruction of Class Counsel and Navy FederalDefendant, including, but not limited to, verifying that the Net Settlement Fund has been distributeddistributed as required by Section X hereof. 69. All Administrative Costs, including all costs associated with Notice and administration of the Settlement shall be paid out of the Settlement Payment Amount. The costs of Notice and administration shall include any fees of and reasonable expenses incurred by the Settlement Administrator in relation to the Settlement, and any other reasonable expenses relating to the establishment, maintenance, and distribution of the Settlement Payment Amount.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator43. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph paragraphs hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members Members as described in Section VII; establishing and maintaining the Settlement Website; administering the Claims process; distributing the Settlement Fund as provided herein; and paying the remainder of the Settlement Fund to Chase in the event of a termination of the Settlement pursuant to Section XVII hereof. 5744. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use Obtain from CBUSA the name and name, last known mailing address, and, where reasonably available, last known e-mail address information for Settlement Class members provided by Navy Federal in connection with Members, and verify and update the Notice process approved by mailing addresses received, through the CourtNational Change of Address database, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks Mail Notice to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accountsre-mail returned notices if reasonably practicable; b. Establish and maintain a Post Office box for mailed requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. Establish and maintain the Settlement WebsiteWebsite as a means for Settlement Class Members to obtain notice of and information about the Settlement, through and including hyperlinked access to this Agreement, the Long-Form Notice, the order preliminarily approving this Settlement, the Claim Form, and such other documents as Class Counsel and Chase agree to post or that the Court orders posted on the website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members Members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members Members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Members’ inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports on request, and, no later than five days after the Opt-Out and Objection Deadlines, a final report to Class Counsel and Navy Federal Chase that summarize summarizes the number of requests for exclusion and/or and objections received during that weekperiod, the total number of exclusion requests and/or and objections received to date, and other pertinent information; h. In Payment of any taxes pursuant to paragraph 61; i. At Class Counsel’s request in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of identifies each Settlement Class member Member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those ; j. Process and transmit distributions to Settlement Class Members from the Settlement Fund; k. Review, determine the validity of, and respond to all Claims; l. Provide reports on request and a final report to Class Counsel and Chase that timely filed objectionssummarizes the number of Claims since the prior reporting period, the total number of Claims received to date, the number of any Claims granted and denied since the prior reporting period, the total number of Claims granted and denied to date, and other information as may be necessary to allow the Parties to seek and obtain Final Approvalpertinent information; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. m. Pay invoices, expenses expenses, and costs upon approval by Class Counsel and Navy FederalChase, as provided in this Agreement; and l. Any other Settlement-n. Perform any settlement administration-related function at the instruction of Class Counsel and Navy FederalChase, including, but not limited to, verifying that Settlement Funds have been distributed as required by Section XII hereof. 45. The documents specified in paragraph 44(c) shall remain on the Settlement Fund has been distributedWebsite at least until Final Approval. The URL of the Settlement Website shall be xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx or such other URL as Class Counsel and Chase may subsequently agree upon in writing. The Settlement Website shall not include any advertising, and shall not bear or include the Chase logo or Chase trademarks. Ownership of the Settlement Website URL shall be transferred to Chase within 10 days of the date on which operation of the Settlement Website ceases.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected The Settlement Administrator shall help implement the terms of the Settlement AdministratorAgreement. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as followsbe responsible for: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court(a) Establishing, for the purpose of mailing the Mailed Notice and sending the Email Noticedesigning, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain maintaining the Settlement Website; d. Establish (b) Disseminating Notice and maintain an automated toll-free telephone line for Notice to Additional Settlement Class members to call with Settlement-related inquiriesMembers, including Direct Email Notice, Supplemental Postcard Notice, Website Notice, Supplemental Digital Notice, as needed, and answer CAFA Notice, in accordance with this Agreement, the frequently asked questions of Notice Plan, and the Court’s orders; (c) Monitoring and responding to inquiries from Settlement Class members who call with or otherwise communicate Members in a timely fashion and, where necessary, forwarding such inquirieswritten inquiries to Class Counsel; e. Respond to any mailed (d) Accurately and objectively describing the terms of the Agreement in communications with Settlement Class member inquiriesMembers, including training its employees and agents accordingly; f. Process all (e) Receiving and compiling Opt-Out Forms and any other correspondence requesting exclusion from the Settlement; (f) Receiving and processing Claims, including by maintaining a database of Claims, and distributing Settlement Payments to Settlement Class Members; (g) Providing periodic reports on Claims, Objections, Opt-Out Forms and any other requests for exclusion from the Settlement ClassSettlement, and any other such information that may be reasonably requested by Class Counsel and Defendant’s Counsel; g. Provide weekly reports (h) Preparing a declaration attesting to compliance with the Notice and Notice to Additional Settlement Class Members requirements in this Agreement, and providing such declaration to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent informationDefendant’s Counsel; h. In advance (i) Seeking further clarification or authorization from Class Counsel and Defendant’s Counsel when necessary for performance of its duties and the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names expenditure of each Settlement Class member who timely and properly opted-out cash from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this AgreementFund; and l. Any other Settlement-administration-related function at (j) Otherwise assisting with implementation and administration of the instruction terms of Class Counsel and Navy Federal, including, but not limited to, verifying that the this Settlement Fund has been distributedAgreement.

Settlement Administrator. 56. (a) Plaintiffs shall retain a Settlement Administrator of their choosing that is agreeable to Defendant, consent to which shall not be unreasonably withheld by Defendant (the “Settlement Administrator”) to serve as Notice and Settlement Administrator of the settlement and perform all necessary services of administering this settlement including without limitation dissemination of Notices to eligible members of the State Settlement Classes, responding to FLSA Settlement Collective member and State Settlement Class member inquiries, calculation of payments due, distribution of awards from the Net Settlement Amount to eligible recipients, and tax reporting related to settlement. (b) The Settlement Administrator will be responsible for, in addition to any obligations agreed to by the Parties: establishing and maintaining a QSF, mailing of the Settlement Notice to the FLSA Settlement Collective and State Settlement Classes members, paying from the QSF the amount of attorneys’ fees and costs awarded to Class Counsel, in consultation with Navy Federaldistributing any service payments, has selected calculating the Settlement AdministratorChecks, the settlement administration process, providing reminder notification to FLSA Settlement Collective and State Settlement Classes members who have not negotiated their Settlement Checks by forty-five days from the date of initial distribution, providing the Parties on a periodic basis with notice of the identity of individuals who timely opted-out of the Settlement or had his/her Notice of Settlement and Settlement Payment returned as undeliverable, calculating and paying all appropriate taxes to be paid by the QSF, complying with all applicable tax reporting obligations, including preparing and filing all applicable tax forms and amendments or modifications required thereto, distribution of the Settlement Checks to the FLSA Settlement Collective and State Settlement Class members, and preparing and submitting a final accounting of the Settlement attested to by an Affidavit or Declaration in support of final approval of the settlement. (c) The parties agree that the settlement notice procedure shall be as robust and accessible as possible, including known personal email and mailed notice, a settlement case website and the ability to electronically sign and submit claim forms directly through the administrator-operated website. The Settlement Administrator shall administer various aspects create and maintain the settlement-specific website pages containing relevant documents, information regarding the settlement and relevant procedures and deadlines, and maintain an online portal allowing eligible State Settlement Class members to electronically submit online a Claim Form to opt-in to the Action and receive their apportioned FLSA Payment, which URL and instructions for electronic submission shall be contained in the applicable Notice including by hyperlink in the emailed Notice. The Settlement Administrator shall be responsible for validating claimants and may enact protocols or authentication measures designed to protect the security and integrity of the claims process. (d) The Settlement Administrator will provide bi-weekly reports to counsel for the Parties regarding the status of the mailing of the Settlement as described Notice and Settlement Checks, the settlement administration process, and distribution (and negotiation) of the Settlement Checks. (e) Academy agrees to cooperate with the Settlement Administrator and provide accurate information, to the full extent reasonably available, to assist in locating eligible settlement participants and ensuring delivery of the Settlement Notice and Settlement Checks. The Parties agree that it is their mutual goal to maximize participation in the next paragraph hereafter settlement by delivery of all Settlement Notices and perform such other functions as are specified Settlement Payments, including but not limited to by providing notice by mail, reminder notice by mail and personal e-mail and/or telephone call, by skip tracing and resending Settlement Notices or Settlement Checks upon any received undeliverable notice, by issuing replacement Settlement Notices or Settlement Checks to any intended recipient timely requesting same or reporting failure to receive distributed Settlement Notice or Settlement Checks, and by maintaining the Settlement Administrator’s settlement- specific website providing contact information for the Settlement Administrator elsewhere in this Agreementand basic information and orders regarding the Lawsuit and Settlement. (f) Within ten (10) days after the Court grants Preliminary Approval of the Parties’ proposed settlement or, includingif later, but not limited tothe date that any applicable bankruptcy court having jurisdiction over Plaintiff’s claims approves the settlement, providing Mailed and Email Notice to Settlement Class members and distributing Academy shall provide the Settlement Fund as provided hereinAdministrator with the Class List from Academy listing the names, last known addresses, and last known non-Academy personal email addresses for all FLSA Settlement Collective and State Settlement Classes members (the “Class List”). 57. The duties (g) No later than seven (7) days after the Court grants Preliminary Approval of the Parties’ proposed settlement, or, if later, the date that any applicable bankruptcy court having jurisdiction over Plaintiff’s claims approves the settlement, the Administrator shall have completed its calculations for determination of individual preliminary Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, Amounts for the purpose Settlement Notices and confirmation of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks accuracy by counsel to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.completed within fourteen

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator68. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph paragraphs hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement. 69. Class Counsel and Defendant may, includingby agreement, but not limited tosubstitute a different entity as Settlement Administrator, providing Mailed and Email Notice subject to Settlement Class members and distributing approval by the Court if the Court has previously approved the Settlement Fund preliminarily or finally. In the absence of agreement, either Class Counsel or Defendant may move the Court to substitute a different entity as provided hereinSettlement Administrator, upon a showing that the responsibilities of Settlement Administrator have not been adequately executed by the incumbent. 5770. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with Implement the Notice process approved Program required by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accountsthis Agreement; b. Establish and maintain a Post Office box an address for receiving mailed requests for exclusion from the receipt of opt-out requests and objectionsSettlement Classes; c. Establish and maintain the Settlement Website as a means for Notice Recipients to obtain notice of and information about the Settlement, through and including hyperlinked access to this Agreement, the Long-Form Notice, the Preliminary Approval Order, and such other documents as Class Counsel and Defendant agree to post or that the Court orders posted on the Settlement Website; d. Establish and maintain an automated a toll-free telephone line for Settlement Class members Notice Recipients to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members Notice Recipients who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Notice Recipient inquiries; f. Process all requests for exclusion from the Settlement ClassClasses; g. Provide weekly reports and, no later than five (5) days after the Opt-Out Deadline, a final report to Class Counsel and Navy Federal Defendant’s Counsel that summarize summarizes the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In Payment of any taxes pursuant to paragraph 98; i. At Class Counsel’s and/or Defendant’s counsel’s request, in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that (i) attests to implementation of the Notice Program was completed, that in accordance with the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of Preliminary Approval Order; and (ii) identifies each Settlement Class member Member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those Classes; j. Process and transmit distributions to Participating Settlement Class Members that timely filed objections, and other information as may be necessary to allow from the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses expenses, and costs upon approval by Class Counsel and Navy FederalDefendant, as provided in this Agreement; and l. Any other Perform any Settlement-administration-related function at the instruction of Class Counsel and Navy FederalDefendant, including, but not limited to, verifying that the Net Settlement Fund has been distributeddistributed as required by Section X hereof. 71. All Administrative Costs, including all costs associated with Notice and administration of the Settlement shall be paid out of the Settlement Payment Amount. The costs of Notice and administration shall include any fees of and reasonable expenses incurred by the Settlement Administrator in relation to the Settlement, and any other reasonable expenses relating to the establishment, maintenance, and distribution of the Settlement Payment Amount.

Settlement Administrator. 56Defendants and Defense Counsel shall use reasonable efforts to respond timely to written requests, including by e-mail, from the Settlement Administrator for data that is reasonably necessary to determine the feasibility of administering the Plan of Allocation or to implement the Plan of Allocation. The actual and reasonable expenses of any third party, including the Plan’s Recordkeeper, that are necessary to perform such work shall be Administrative Expenses to be deducted from the Gross Settlement Amount. 2.3.1. Class Counsel, in consultation with Navy Federal, has Counsel have selected the Settlement AdministratorAdministrator and Defendants have agreed to this selection. The Settlement Administrator shall administer various aspects of be responsible for, inter alia, preparing the Settlement as described in the next paragraph hereafter and perform such other functions as are specified mailing list for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice; printing and Email mailing the Settlement Notice to Settlement all Class members Members; receiving and distributing reviewing rollover election forms submitted by Class Members and forwarding election details to the Authorized Administrator via a formatted spreadsheet template specified by the Authorized Administer who serves as the disbursement agent for instructing one-time payments; determining and certifying to the Settling Parties and the Authorized Administrator the final amount due and payable to each Class Member under the Plan of Allocation approved by the Court; reviewing and approving payment of Administrative Expenses submitted by any other parties after consultation with Class Counsel; and accounting for all interest accrued on the Settlement Fund as provided herein. 57well as all receipts and all disbursements from the Settlement Fund. The duties of Neither the Settling Parties nor Class Counsel and Defense Counsel are responsible for the Settlement Administrator’s work, in addition nor may they be held liable for any act or omission by the Settlement Administrator. 2.3.2. The Settlement Administrator must agree to other responsibilities that are described in be bound by the preceding paragraph Stipulated Protective Order and elsewhere in this Agreement, are as follows:any further non-disclosure or security protocol required by the Settling Parties. a. Use 2.3.3. The Settlement Administrator shall use the name and address information for Settlement Class members data provided by Navy Federal in connection with Defendants and the Notice process approved by the Court, Plan’s Recordkeeper solely for the purpose of mailing the Mailed Notice and sending the Email Noticemeeting its obligations as Settlement Administrator, and later mailing distribution checks to Former Account Holder Settlement Class Membersfor no other purpose. 2.3.4. At the request of the Settling Parties, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain Administrator shall provide a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain written protocol addressing how the Settlement Website;Administrator will maintain and store information provided to it in order to ensure that reasonable and necessary precautions are taken to safeguard the privacy and security of such information. d. Establish 2.3.5. At the request of any of the Settling Parties, the Settlement Administrator shall provide documentation regarding its accounting of the interest accrued on the Settlement Fund as well as all receipts and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion disbursements from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributedFund.

Settlement Administrator. 5621. Class CounselThe Parties agree to the appointment of KCC, in consultation with Navy Federal, has selected a third-party Settlement Administrator to perform the Settlement Administratorservices described herein. The Settlement Administrator shall administer various aspects of be supervised by the Settlement as described in the next paragraph hereafter and perform such other functions as are specified parties counsel jointly. Defendant shall be solely responsible for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties payment of the Settlement Administrator, in addition ’s fees and costs. Payments to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal Members will not be impacted or affected in connection any way due to Defendant’s agreement to pay the fees and costs of the Settlement Administrator. 22. The Settlement Administrator shall assist with the Notice process approved by various administrative tasks set forth herein and any others necessary to implement the Courtterms of this Agreement and the Proposed Settlement as preliminarily approved, including (i) mailing or arranging for the purpose mailing of mailing the Mailed Postcard Notice and sending Email Notice described above and submitting to the Email NoticeParties and Court an affidavit offering proof thereof; (ii) handling mail returned as not delivered and making additional mailings required under the terms of the Agreement; (iii) responding, and later mailing distribution checks as necessary, to Former Account Holder inquiries from Settlement Class Members; (iv) providing to the Parties, within five (5) business days of receipt, copies of all objections, motions to intervene, notices of intention to appear, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to ; (v) preparing a list of all Persons who timely requested exclusion from the Settlement Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit submitting to the Court confirming the Opt-Out List and supporting affidavit ten (10) days before the Fairness Hearing scheduled by the Court; (vi) preparing a list of all Persons who submitted objections to the settlement and submitting an affidavit testifying to the accuracy of that the Notice Program was completedlist; (vii) preparing a list of all Persons who make a timely claim; (viii) implementing procedures for processing and handling Claims submissions; and (ix) promptly responding to requests for information and documents from Class Counsel, that the Class Action Fairness Notice requirements have been metDefendant, describing how the Notice Program was completedand/or Defendant’s Counsel. 23. As set forth herein, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement ClassAdministrator shall set up, as well as those Settlement Class Members that timely filed objectionscoordinate, maintain and/or implement (a) the post office box described in Paragraph 20; and other information as may be necessary to allow (b) the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all taxwebsite described in Paragraph 13-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed15.

Settlement Administrator. 5615. The Settlement Administrator shall be appointed by Class CounselCounsel subject to the approval of the Defendants, in consultation with Navy Federal, has selected the Settlement Administratorwhich approval shall not be unreasonably withheld. 16. The Settlement Administrator shall administer various aspects the process of receiving, reviewing and approving or denying claims under Class Counsel’s supervision and subject to the jurisdiction of the Court. The Defendants shall have no responsibility for the administration of the Settlement and shall have no liability to the Class Members or Class Counsel in connection with this administration. Class Counsel shall designate a contact person at the Settlement Administrator to whom Defendants may refer all inquiries they receive from potential claimants. 17. The Settlement Administrator shall receive Claims and determine first, whether the Claim is an Authorized Claim, in whole or in part; and second, each Authorized Claimant’s pro rata share of the Net Cash Settlement Amount based upon each Authorized Claimant’s Recognized Loss amount (as set forth in the Plan of Allocation described in the next paragraph hereafter and perform Notice annexed hereto as Exhibit E, or in such other functions Plan of Allocation as are specified for the Court approves). 18. The Settlement Administrator elsewhere Fund shall be applied as follows: (1) to pay counsel’s attorneys’ fees and expenses, with interest thereon and the Service Award and expenses of Plaintiffs (the “Attorneys’ Fees, Expenses and Service Awards”), if and to the extent allowed by the Court; (2) to pay all the costs and expenses reasonably and actually incurred in this Agreementconnection with providing notice, including, but not limited to, providing Mailed and Email Notice to locating Settlement Class members Members, soliciting Settlement Class claims, assisting with the filing of claims, administering and distributing the Settlement Fund to Authorized Claimants, processing Claim Forms, and paying escrow fees and costs, if any; (3) to pay any taxes and tax expenses; and (4) to distribute the balance of the Settlement Fund to Authorized Claimants as provided hereinallowed by the Stipulation, the Plan of Allocation, or order of the Court. 5719. The duties Plan of Allocation attached hereto as Exhibit E is not a necessary term of this Amended Producer Class Action Settlement Agreement, and it is not a condition of this Amended Producer Class Action Settlement Agreement that any particular Plan of Allocation be approved. 20. Each Authorized Claimant shall be allocated a pro rata share of the Net Cash Settlement Amount based on his, her or its Recognized Loss compared to the total Recognized Losses of all Authorized Claimants. This is not a claims-made settlement. Defendants shall not be entitled to get back any of the Settlement consideration once the Effective Date has occurred. 21. Any Settlement Class Member who does not submit a valid Claim Form will not be entitled to receive any distribution from the Net Cash Settlement Amount, but will otherwise be bound by all of the terms of this Amended Producer Class Action Settlement Agreement and the Settlement, including the terms of the Final Judgment to be entered in the Producer Class Action and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Claims. 22. Class Counsel shall be responsible for supervising the administration of the Settlement and disbursement of the Net Cash Settlement Amount by the Settlement Administrator. Defendants shall have no liability, obligation or responsibility for the administration of the Settlement or disbursement of the Net Cash Settlement Amount. Defendants shall not be permitted to review, contest or object to any Claim Form or any decision of the Settlement Administrator or Class Counsel with respect to accepting or rejecting any Claim Form or Claim for payment by a Settlement Class Member. Class Counsel shall have the right, but not the obligation, to waive what they deem to be formal or technical defects in any Claim Forms submitted in the interests of achieving substantial justice. 23. For purposes of determining the extent, if any, to which a Settlement Class Member shall be entitled to be treated as an Authorized Claimant, the following conditions shall apply: a. Each Settlement Class Member shall be required to submit a Claim Form substantially in the form attached hereto as Exhibit B, supported by such documents as are designated therein, including proof of the Claimant’s loss, or such other documents or proof as the Settlement Administrator or Class Counsel, in their discretion, may deem acceptable. b. All Claim Forms must be submitted by the date set by the Court in the Preliminary Approval Order and specified in the Notice, which the Parties will request to be 45 days after mailing, unless such deadline is extended by Order of the Court. Any Settlement Class Member who fails to submit a Claim Form by such date shall be forever barred from receiving any distribution from the Net Cash Settlement Amount or payment pursuant to this Amended Producer Class Action Settlement Agreement (unless, by Order of the Court, late-filed Claim Forms are accepted), but shall in all other respects be bound by all of the terms of this Amended Producer Class Action Settlement Agreement and the Settlement including the terms of the Final Judgment and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Claims. A Claim Form shall be deemed to be submitted when posted, if received with a postmark indicated on the envelope and if mailed by first-class mail and addressed in accordance with the instructions thereon. c. Each Claim Form shall be submitted to and reviewed by the Settlement Administrator, under the supervision of Class Counsel, who shall determine in addition accordance with this Amended Producer Class Action Settlement Agreement, the extent, if any, to other responsibilities which each Claim shall be allowed, subject to review by the Court pursuant to subparagraph (e) below; d. Claim Forms that are described do not meet the submission requirements may be rejected. Prior to rejecting a Claim in whole or in part, the Settlement Administrator shall communicate with the Claimant in writing, email or by telephone to give the Claimant the chance to remedy any curable deficiencies in the preceding paragraph Claim Form submitted. The Settlement Administrator, under the supervision of Class Counsel, shall notify, in a timely fashion and elsewhere in this Agreementwriting, are all Claimants whose Claim they propose to reject in whole or in part, setting forth the reasons therefore, and shall indicate in such notice that the Claimant whose claim is to be rejected has the right to a review by the Court if the Claimant so desires and complies with the requirements of subparagraph (e) below. e. If any Claimant whose claim has been rejected in whole or in part desires to contest such rejection, the Claimant must, within twenty (20) days after the date of mailing of the notice required in subparagraph (d) above, serve upon the Settlement Administrator a notice and statement of reasons indicating the Claimant’s grounds for contesting the rejection along with any supporting documentation, and requesting a review thereof by the Court. If a dispute concerning a Claim cannot be otherwise resolved, Class Counsel shall thereafter present the request for review to the Court. f. The administrative determinations of the Settlement Administrator in accepting and rejecting Claims shall be presented to the Court, on notice to Defendants’ Counsel, for approval by the Court. 24. Each Claimant shall be deemed to have submitted to the jurisdiction of the Court with respect to the Claimant’s Claim, and the Claim will be subject to investigation and discovery under the Federal Rules of Civil Procedure, provided, however that such investigation and discovery shall be limited to that Claimant’s status as follows: a. Use a Class Member and the name validity and address information for amount of the Claimant’s Claim. No discovery shall be allowed on the merits of the Producer Class Action or Settlement Class members provided by Navy Federal in connection with the processing of Claim Forms. 25. Class Counsel will apply to the Court, on notice of Defendants’ Counsel, for a Class Distribution Order: (a) approving the Settlement Administrator’s administrative determinations concerning the acceptance and rejection of the Claims submitted; (b) approving payment of any administration fees and expenses associated with the administration of the Settlement from the Settlement Fund; and (c) if the Effective Date has occurred, directing payment of the Net Cash Settlement Amount to the Authorized Claimants. 26. The Net Cash Settlement Amount shall be distributed to Authorized Claimants substantially in accordance with the Plan of Allocation set forth in the Class Notice process and approved by the Court. Any such Plan of Allocation is not a part of this Stipulation. No funds from the Net Cash Settlement Amount shall be distributed to Authorized Claimants until the Effective Date. If there is any balance remaining in the Net Cash Settlement Amount after six (6) months from the date of distribution of the Net Cash Settlement Amount (whether by reason of tax refunds, for uncashed checks, or otherwise), Class Counsel shall, if feasible, reallocate such balance among Authorized Claimants in an equitable and economic fashion. Thereafter, any balance that still remains in the purpose Net Cash Settlement Amount shall be donated to one or more secular §501(c)(3) organization(s) selected by Class Counsel, with prior written notice to Defendants’ counsel. 27. Payment pursuant to the Class Distribution Order shall be final and conclusive against all Class Members who are Authorized Claimants. 28. All proceedings with respect to the administration, processing and determination of mailing Claims and the Mailed Notice determination of all controversies relating thereto, including disputed questions of law and sending fact with respect to the Email validity of Claims, shall be subject to the jurisdiction of the Court. 29. The Settlement Administrator is to be charged with, among other things, distribution of the Class Notice, operation of a settlement website relating to both this Settlement, setting up and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by running a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members center to call with Settlement-related inquiriesrespond to producer calls, receipt and answer the frequently asked questions handling of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports information to Class Counsel and Navy Federal that summarize the number assist producers with potential claims, receipt of requests for exclusion and/or objections received that week, the total number and distribution of exclusion requests and/or objections received settlement relief to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected The Settlement Administrator shall help implement the terms of the Settlement AdministratorAgreement. The Settlement Administrator shall administer various aspects of be responsible for: (a) Establishing, designing, and maintaining the Settlement as described in the next paragraph hereafter Website, which will be accessible through commonly used internet service providers and perform such will, among other functions as are specified things, be used for the Settlement Administrator elsewhere electronic submission of Claim Forms; (b) Disseminating Notice, including Direct Email Notice, Supplemental Postcard Notice, Website Notice, Supplemental Digital Notice, as needed, and CAFA Notice, in accordance with this Agreement, includingthe Notice Plan, but not limited toand the Court's orders; (c) Receiving and processing requests for Claim Forms, providing Mailed and Email Notice promptly delivering Claim Forms to Class members who request them; (d) Monitoring and responding to inquiries from Settlement Class members Members in a timely fashion and, where necessary, forwarding such written inquiries to Class Counsel; (e) Accurately and distributing objectively describing the Settlement Fund as provided herein. 57. The duties terms of the Settlement Administrator, Agreement in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for communications with Settlement Class members provided Members, including training its employees and agents accordingly; (f) Receiving and compiling Opt-Out Forms and any other correspondence requesting exclusion from the Settlement; (g) Receiving and processing Claims, including by Navy Federal in connection maintaining a database of Claims and determining the eligibility of Claims for payment consistent with the Notice process approved this Agreement or as otherwise ordered by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks distributing Settlement Payments to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish (h) Establishing appropriate claim auditing and maintain a Post Office box for the receipt of opt-out requests verification protocols and objectionsprocedures in consultation with Class Counsel; c. Establish (i) Satisfying Defendants' requirements for cybersecurity and maintain the Settlement Websiteprotection of customer information; d. Establish (j) Providing periodic reports on Claims, Objections, Opt-Out Forms and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all other requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to dateSettlement, and any other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming such information that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval reasonably requested by Class Counsel and Navy Federal, as provided Defendants' Counsel; (k) Preparing a declaration attesting to compliance with the Notice requirements in this AgreementAgreement and providing such declaration to Class Counsel; (l) Seeking further clarification or authorization from Class Counsel when necessary for performance of its duties and the expenditure of cash from the Settlement Fund; and l. Any other Settlement-administration-related function at (m) Otherwise assisting with implementation and administration of the instruction terms of Class Counsel and Navy Federal, including, but not limited to, verifying that the this Settlement Fund has been distributedAgreement.

Settlement Administrator. 5615. The Settlement Administrator shall be appointed by Class CounselCounsel subject to the approval of the Defendants, in consultation with Navy Federal, has selected the Settlement Administratorwhich approval shall not be unreasonably withheld. 16. The Settlement Administrator shall administer various aspects the process of receiving, reviewing and approving or denying claims under Class Counsel’s supervision and subject to the jurisdiction of the Court. The Defendants shall have no responsibility for the administration of the Settlement and shall have no liability to the Class Members or Class Counsel in connection with this administration. Class Counsel shall designate a contact person at the Settlement Administrator to whom Defendants may refer all inquiries they receive from potential claimants. 17. The Settlement Administrator shall receive Claims and determine first, whether the Claim is an Authorized Claim, in whole or in part; and second, each Authorized Claimant’s pro rata share of the Net Cash Settlement Amount based upon each Authorized Claimant’s Recognized Loss amount (as set forth in the Plan of Allocation described in the next paragraph hereafter and perform Notice annexed hereto as Exhibit E, or in such other functions Plan of Allocation as are specified the Court approves). 18. The Qualified Settlement Fund shall be applied as follows: (1) to pay counsel’s attorneys’ fees and expenses, with interest thereon and the Service Award and expenses of Plaintiffs (the “Attorneys’ Fees, Expenses and Service Awards”), if and to the extent allowed by the Court; (2) to pay all the costs and expenses reasonably and actually incurred in connection with providing notice, locating Settlement Class Members, soliciting Settlement Class claims, assisting with the filing of claims, administering and distributing the Net Settlement Fund to Authorized Claimants, processing Claim Forms, and paying escrow fees and costs, if any; (3) to pay any taxes and tax expenses; and (4) to distribute the balance of the Settlement Fund to Authorized Claimants as allowed by the Stipulation, the Plan of Allocation, or order of the Court. 19. The Plan of Allocation attached hereto as Exhibit E is not a necessary term of this Producer Class Action Settlement Agreement, and it is not a condition of this Producer Class Action Settlement Agreement that any particular Plan of Allocation be approved. 20. Each Authorized Claimant shall be allocated a pro rata share of the Net Cash Settlement Amount based on his, her or its Recognized Loss compared to the total Recognized Losses of all Authorized Claimants. This is not a claims-made settlement. Defendants shall not be entitled to get back any of the Settlement consideration once the Effective Date has occurred. 21. Any Settlement Class Member who does not submit a valid Claim Form will not be entitled to receive any distribution from the Net Cash Settlement Amount, but will otherwise be bound by all of the terms of this Producer Class Action Settlement Agreement and the Settlement, including the terms of the Final Judgment to be entered in the Producer Class Action and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Claims. 22. Class Counsel shall be responsible for supervising the administration of the Settlement and disbursement of the Net Cash Settlement Amount by the Settlement Administrator. Defendants shall have no liability, obligation or responsibility for the administration of the Settlement or disbursement of the Net Cash Settlement Amount. Defendants shall not be permitted to review, contest or object to any Claim Form or any decision of the Settlement Administrator elsewhere in this Agreement, includingor Class Counsel with respect to accepting or rejecting any Claim Form or Claim for payment by a Settlement Class Member. Class Counsel shall have the right, but not limited tothe obligation, providing Mailed and Email Notice to waive what they deem to be formal or technical defects in any Claim Forms submitted in the interests of achieving substantial justice. 23. For purposes of determining the extent, if any, to which a Settlement Class members and distributing Member shall be entitled to be treated as an Authorized Claimant, the following conditions shall apply: a. Each Settlement Class Member shall be required to submit a Claim Form substantially in the form attached hereto as Exhibit B, supported by such documents as are designated therein, including proof of the Claimant’s loss, or such other documents or proof as the Settlement Fund as provided hereinAdministrator or Class Counsel, in their discretion, may deem acceptable. 57b. All Claim Forms must be submitted by the date set by the Court in the Preliminary Approval Order and specified in the Notice, which the Parties will request to be 45 days after mailing, unless such deadline is extended by Order of the Court. The duties Any Settlement Class Member who fails to submit a Claim Form by such date shall be forever barred from receiving any distribution from the Net Cash Settlement Amount or payment pursuant to this Producer Class Action Settlement Agreement (unless, by Order of the Court, late-filed Claim Forms are accepted), but shall in all other respects be bound by all of the terms of this Producer Class Action Settlement Agreement and the Settlement including the terms of the Final Judgment and the Releases provided for herein, and will be barred and enjoined from bringing any action against the Releasees concerning the Released Claims. A Claim Form shall be deemed to be submitted when posted, if received with a postmark indicated on the envelope and if mailed by first-class mail and addressed in accordance with the instructions thereon. c. Each Claim Form shall be submitted to and reviewed by the Settlement Administrator, under the supervision of Class Counsel, who shall determine in addition accordance with this Producer Class Action Settlement Agreement, the extent, if any, to other responsibilities which each Claim shall be allowed, subject to review by the Court pursuant to subparagraph € below; d. Claim Forms that are described do not meet the submission requirements may be rejected. Prior to rejecting a Claim in whole or in part, the Settlement Administrator shall communicate with the Claimant in writing, email or by telephone to give the Claimant the chance to remedy any curable deficiencies in the preceding paragraph Claim Form submitted. The Settlement Administrator, under the supervision of Class Counsel, shall notify, in a timely fashion and elsewhere in this Agreementwriting, are all Claimants whose Claim they propose to reject in whole or in part, setting forth the reasons therefore, and shall indicate in such notice that the Claimant whose claim is to be rejected has the right to a review by the Court if the Claimant so desires and complies with the requirements of subparagraph (e) below. e. If any Claimant whose claim has been rejected in whole or in part desires to contest such rejection, the Claimant must, within twenty (20) days after the date of mailing of the notice required in subparagraph (d) above, serve upon the Settlement Administrator a notice and statement of reasons indicating the Claimant’s grounds for contesting the rejection along with any supporting documentation, and requesting a review thereof by the Court. If a dispute concerning a Claim cannot be otherwise resolved, Class Counsel shall thereafter present the request for review to the Court. f. The administrative determinations of the Settlement Administrator in accepting and rejecting Claims shall be presented to the Court, on notice to Defendants’ Counsel, for approval by the Court. 24. Each Claimant shall be deemed to have submitted to the jurisdiction of the Court with respect to the Claimant’s Claim, and the Claim will be subject to investigation and discovery under the Federal Rules of Civil Procedure, provided, however that such investigation and discovery shall be limited to that Claimant’s status as follows: a. Use a Class Member and the name validity and address information for amount of the Claimant’s Claim. No discovery shall be allowed on the merits of the Producer Class Action or Settlement Class members provided by Navy Federal in connection with the processing of Claim Forms. 25. Class Counsel will apply to the Court, on notice of Defendants’ Counsel, for a Class Distribution Order: (a) approving the Settlement Administrator’s administrative determinations concerning the acceptance and rejection of the Claims submitted; (b) approving payment of any administration fees and expenses associated with the administration of the Settlement from the Settlement Administration Account; and (c) if the Effective Date has occurred, directing payment of the Net Cash Settlement Amount to the Authorized Claimants. 26. The Net Cash Settlement Amount shall be distributed to Authorized Claimants substantially in accordance with the Plan of Allocation set forth in the Class Notice process and approved by the Court. Any such Plan of Allocation is not a part of this Stipulation. No funds from the Net Cash Settlement Amount shall be distributed to Authorized Claimants until the Effective Date. If there is any balance remaining in the Net Cash Settlement Amount after six (6) months from the date of distribution of the Net Cash Settlement Amount (whether by reason of tax refunds, for uncashed checks, or otherwise), Class Counsel shall, if feasible, reallocate such balance among Authorized Claimants in an equitable and economic fashion. Thereafter, any balance that still remains in the purpose Net Cash Settlement Amount shall be donated to one or more secular §501(c)(3) organization(s) selected by Class Counsel, with prior written notice to Defendants’ counsel. 27. Payment pursuant to the Class Distribution Order shall be final and conclusive against all Class Members who are Authorized Claimants. 28. All proceedings with respect to the administration, processing and determination of mailing Claims and the Mailed Notice determination of all controversies relating thereto, including disputed questions of law and sending fact with respect to the Email validity of Claims, shall be subject to the jurisdiction of the Court. 29. The Settlement Administrator is to be charged with, among other things, distribution of the Class Notice, operation of a settlement website relating to both this Settlement, setting up and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by running a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members center to call with Settlement-related inquiriesrespond to producer calls, receipt and answer the frequently asked questions handling of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports information to Class Counsel and Navy Federal that summarize the number assist producers with potential claims, receipt of requests for exclusion and/or objections received that week, the total number and distribution of exclusion requests and/or objections received settlement relief to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator47. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email effectuating the Notice to Settlement Class members Program and distributing the Settlement Fund as provided herein. 5748. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members Members provided by Navy Federal the parties in connection with the Notice process Program approved by the Court, for the purpose of mailing distributing the Mailed Notice and sending the Email Postcard Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for the receipt of requests to opt-out requests and objectionsfrom the Classes; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members Members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members Members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Member inquiries; f. Process all opt-out requests for exclusion from the Settlement ClassClasses; g. Provide weekly reports to Class Counsel and Navy Federal Defendant that summarize summarizes the number of opt-out requests for exclusion and/or received that week, the number of objections received that week, the total number of exclusion opt-out requests and/or received to date, the total number of objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member Member who timely and properly opted-out from one or more of the Settlement Class, as well as those Settlement Class Members that timely filed objectionsClasses, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Distribute Class Member Payments by check to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses expenses, and costs upon approval by Class Counsel and Navy FederalDefendant, as provided in this Agreement; and; l. k. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy FederalDefendant, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator. The Settlement Administrator shall administer various aspects be responsible for, without limitation, dissemination of the Class Notice by mail and email, launching and maintaining the Settlement as described in Website, and implementing the next paragraph hereafter terms of the Claim Process and perform such other functions as are specified for related administrative activities that include communications with Class Members concerning the Settlement, Claim Process, and their options thereunder. In particular, the Settlement Administrator elsewhere in this Agreementshall be responsible for: (a) printing, includingmailing, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing or arranging for the Settlement Fund as provided herein. 57. The duties mailing of the Settlement Administrator, in addition Class Notice; (b) emailing or arranging for the emailing of the Class Notice; (c) handling returned mail not delivered to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and Class Members; (d) attempting to obtain updated address information for any mailed Class Notice returned without a forwarding address; (e) attempting to obtain updated address information for any emailed Class Notice returned as undeliverable or that bounces back; (f) making any additional mailings or emailings required under the terms of this Settlement Agreement; (g) establishing a Settlement Website that contains the Settlement Agreement, Preliminary Approval Order, Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, the Claim Form, a mechanism by which the Claim Form may be completed and later mailing distribution checks submitted online, any papers filed in support of final approval of the Settlement, Class Counsel’s Application for an award of Attorneys’ Fees and Expenses and other relevant documents related to Former Account Holder Settlement Class Members, the Action and to Current Account Holder Settlement this Settlement; (h) publication and Internet/Media Notice Program; (i) establishing a Toll-Free Number at which Class Members where it is not feasible or reasonable may seek information about the Action and the Settlement; (j) receiving and maintaining on behalf of the Court and the Parties any Class Member correspondence regarding requests for Navy Federal to make the payment by a credit exclusion and objections to the Settlement Settlement, Application for Attorneys’ Fees and Costs, or the Claim Process; (k) forwarding inquiries from Class Members’ Accounts; b. Establish and maintain Members to Class Counsel for a Post Office response, if warranted; (l) establishing a post office box for the receipt of opt-out requests and Claim Forms, exclusion requests, objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer any other correspondence related to this Settlement; (m) reviewing and verifying Claim Forms; (n) calculating payment amounts for Valid Claimants and Settlement Subclass Members pursuant to the frequently asked questions terms of this Settlement Class members who call Agreement; (o) mailing and re-mailing payments to Valid Claimants and Settlement Subclass Members pursuant to the terms of this Settlement Agreement; (p) otherwise implementing and/or assisting with or otherwise communicate such inquiries; e. Respond the claim review and payment process; (q) paying to the Court’s Registry in the FTC Action any mailed sums remaining in the Qualified Settlement Class member inquiries; f. Process Fund after all requests for exclusion payments have been made from the Settlement Class; g. Provide weekly reports to Class Counsel Fund; and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to (r) as otherwise ordered by the Court confirming that or jointly requested and agreed upon by the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributedParties.

Settlement Administrator. 56(i) On or before ten (10) business days after the execution of this Agreement, the Settling Parties shall jointly agree upon a firm to serve as Settlement Claims Administrator. In the event the Settling Parties cannot agree upon such a firm, their dispute shall be decided finally by the Xxxxxxxxx Xxxxxx Xxxxx Xxx serving as an Arbitrator on the issue. The Settlement Claims Administrator shall be responsible for: (i) calculating the individualized settlement payments and tax withholding amounts for the Named Plaintiff and Potential Opt-In Plaintiffs; (ii) preparing, printing and disseminating to the Named Plaintiff and Potential Opt-In Plaintiffs the Notice of Settlement and Consent to Join Forms by mail, and email, and text message; (iii) preparing, printing and disseminating to the Named Plaintiff and Potential Opt-In Plaintiffs the reminder postcard; (iv) copying counsel for all Parties on material correspondence and promptly notifying all counsel for the Parties of any material requests or communications made by any Party; (v) preparing, monitoring and maintaining a toll-free number, email address, and website until 30 days after the mailing of checks to Settlement Class Counsel, in consultation with Navy Federal, has selected Members; (vi) receiving and reviewing the Consent to Join Forms submitted by Named Plaintiff and Potential Opt-In Plaintiffs to determine eligibility for payment; (vii) determining the Settlement Payment for each Settlement Class Members in accordance with this Settlement Agreement; (viii) mailing the settlement checks to Settlement Class Members; (ix) wiring Plaintiffs’ Counsel’s attorneys’ fees, costs, and expenses mailing Service Payments and Settlement Payments in accordance with this Settlement Agreement and Order of the Court; (x) paying all payroll tax obligations of NCG in accordance with this Settlement Agreement; (xi) issuing W-2 and 1099 Forms for all amounts paid to the Named Plaintiff and Potential Opt-In Plaintiffs; (xii) ascertaining current address and addressee information for each Notice of Settlement returned as undeliverable; (xiii) responding to inquiries of the Named Plaintiff and Potential Opt-In Plaintiffs regarding the terms of settlement and procedures for filing Consent to Join Forms; (xiv) referring to Plaintiffs’ Counsel all inquiries by the Named Plaintiff and Potential Opt-In Plaintiffs regarding matters not within the Settlement Claim Administrator’s duties specified herein; (xv) responding to inquiries of Plaintiffs’ or NCG’s Counsel; (xvi) promptly apprising counsel for the Parties of the activities of the Settlement Claims Administrator; (xvii) maintaining adequate records of its activities, including the dates of the submission of the Notice of Settlement and mailing, emailing, and electronic submission receipt of Consent to Join Forms, returned mail, email, and electronically through a website and other communications and attempted written or electronic communications with the Named Plaintiff and Potential Opt-In Plaintiffs; (xviii) confirming in writing to Plaintiffs’ and NCG’s Counsel and the Court its completion of the administration of the settlement; (xix) timely responding to communications from the Parties or their counsel; (xx) returning any monies to NCG; and (xxi) such other tasks as the Parties mutually agree. (ii) Within (20) days after the Court enters an Order approving this settlement, NCG shall deliver to the Settlement Administrator an updated Exhibit A in Excel format which shall include the last known address, home and cell phone numbers, email addresses, and Social Security number of the Potential Opt-In Plaintiffs. Plaintiffs’ Counsel shall also provide the Settlement Administrator with any updated addresses for the Potential Opt-In Plaintiffs. Prior to the mailing, emailing, and texting of the Notice of Settlement to the Potential Opt-In Plaintiffs, the Settlement Administrator shall attempt to confirm the accuracy of the names and addresses through the United States Post Office’s National Change of Address. Within thirty (30) days of Court approval of this Agreement, the Settlement Administrator shall mail, email, and text the Notice of Settlement and Consent to Join Form. The mailing shall be sent to the best address identified using the National Change of Address database for the Potential Opt-In Plaintiffs. If any such Notice of Settlement and Consent to Join Form is returned as undeliverable for a Potential Opt-In Plaintiffs, the Settlement Administrator shall promptly attempt to locate such Potential Opt-In Plaintiffs through an electronic search using the Social Security number and/or former address of that person and shall promptly mail, email, and text, as available, an additional Notice of Settlement and Consent to Join Form to each such person. The Potential Opt-In Plaintiffs will be provided with a summary of the basis for settlement in the Notice of Settlement and told that in order to receive any monetary proceeds of the settlement, they must mail, email, or electronically submit a Consent to Join Form so that it is received by the Settlement Administrator on or before sixty (60) days of the date the first Notice of Settlement was mailed or emailed to the Potential Opt-In Plaintiff’s last known address (the “Claim Bar Date”). Thirty (30) days after the initial mailing of the Notice of Settlement and Consent to Join Form, the Claims Administrator shall mail, email, and text the Reminder Postcard. In the event that Plaintiffs’ Counsel or the Settlement Administrator is contacted by a Potential Opt-In Plaintiffs before the Claim Bar Date and he/she indicates that he or she did not receive the Notice of Settlement, the Settlement Administrator shall mail, email, and/or text an additional Notice of Settlement and Consent to Join Form to the address provided by the Potential Opt-In Plaintiffs. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by establish a credit website dedicated to the Settlement Class Membersthat will include a copy of the Notice of Settlement and will allow Consent to Join Forms to be electronically signed and submitted through the website. The Settlement Administrator shall provide electronic copies of all Consent to Join Forms and verification of the electronically submitted Consent to Join Forms to Plaintiffs’ Accounts; b. Establish Counsel along with a declaration about the claims process, who shall file the Consent to Join Forms and maintain declaration with the Court within 15 days of the Claims Bar Date. Potential Opt-In Plaintiffs who timely return a Post Office box for completed Consent to Join Form, the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiriesNamed Plaintiff, and answer Opt-in Plaintiffs in the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond Action will be considered entitled to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance receive their share of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Gross Settlement Class member who timely and properly opted-out from the Settlement Class, Amount as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.set forth on Exhibit A.

Settlement Administrator. 5623. Class CounselThe Parties agree to the appointment of Epiq Systems, in consultation with Navy Federal, has selected Inc. as Settlement Administrator to perform the services described herein. Esurance shall be solely responsible for the payment of the Settlement Administrator's fees and costs relating to the effectuation of the Class Notice as described herein. Settlement administration fees and costs are separate from, and are not included as, part of the lawsuit expenses and costs that Esurance separately agrees to pay as part of those Attorneys’ Fees and Costs approved by the Court. 24. The Settlement Administrator shall administer assist with the various aspects administrative tasks set forth herein and any others necessary to implement the terms of this Agreement and the Proposed Settlement as preliminarily approved, including (i) mailing and emailing or arranging for the mailing and emailing, respectively, of the Settlement Mail and E-Mail Notices described above and submitting to the Parties and Court an affidavit offering proof thereof; (ii) handling mail returned as described in not delivered and making additional mailings required under the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties terms of the Settlement AdministratorAgreement; (iii) responding, in addition as necessary, to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder inquiries from Settlement Class Members; (iv) providing to the Parties, within five (5) business days of receipt, copies of all objections, motions to intervene, notices of intention to appear, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to ; (v) preparing a list of all Persons who timely requested exclusion from the Settlement Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit submitting to the Court confirming the Opt-Out List and supporting affidavit ten (10) days before the Fairness Hearing scheduled by the Court; (vi) preparing a list of all Persons who submitted objections to the settlement and submitting an affidavit testifying to the accuracy of that the Notice Program was completedlist; (vii) preparing a list of all Persons who make a timely claim; (viii) implementing procedures for processing and handling Claims submissions; and (ix) promptly responding to requests for information and documents from Class Counsel, that the Class Action Fairness Notice requirements have been metEsurance, describing how the Notice Program was completedand/or Esurance's Counsel. 25. As set forth herein, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement ClassAdministrator shall setup, as well as those Settlement Class Members that timely filed objectionscoordinate, maintain and/or implement (a) the post office box described in Paragraph 22; (b) the website described in Paragraph 15-17; and other information as may be necessary to allow (c) the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all taxtoll-related services for the Escrow Account as provided free IVR number described in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributedParagraph 21.

Settlement Administrator. 56. 10.01 The Parties agree that the Settlement Administrator shall be KCC Class CounselAction Services, in consultation with Navy Federal, has selected LLC (“KCC”) unless the parties mutually agree to specify a different entity as Settlement Administrator. The Settlement Administrator will be retained by Plaintiff’s Counsel. 10.02 Plaintiff’s Counsel has secured from KCC an estimate of $20,260 as the amount of reasonable fees and costs required to administer the Settlement under the terms of this Agreement (the “KCC Estimate”). 10.03 Within 10 business days following issuance of a Preliminary Approval Order, Defendant will pay a retainer in the amount of the KCC Estimate directly to KCC to be applied towards fees incurred going forward with administration of the Settlement. Defendant will be given credit for this payment when funding the Common Fund as set out in Section 6.02. To the extent that KCC incurs fees beyond the retainer prior to Clarient funding the Common Fund, Defendant will pay KCC any such additional fees and be given credit for such payment when funding the Common Fund as set out in Section 6.02. If KCC incurs fees beyond the retainer after the funding of the Common Fund, it shall administer various aspects be paid out of the Common Fund. If KCC does not incur fees reaching the retainer amount, those fees shall be deposited by KCC into the Common Fund for distribution as set out in Section 6. 10.04 The Settlement Administrator shall maintain detailed records of the amounts spent on the administration of the Settlement as described in and shall provide those to the next paragraph hereafter and perform such other functions as are specified for the Parties monthly. 10.05 The Settlement Administrator elsewhere in shall be responsible for administering the Settlement, including: (a) sending the Notice, pursuant to Section 11 of this Agreement; (b) preparing reports regarding the Notice, includingas directed by the Parties’ counsel and the Court; (c) accepting and reporting on Requests for Opt Out received by the Opt Out Deadline; (d) accepting, but not limited toreporting on, providing Mailed and Email Notice filing with the Court any and all Objections or Notices of Intention to Settlement Appear received from Class Members on or before the Objection Deadline; (e) remitting payments from the Common Fund to eligible members and distributing the Settlement Fund as provided herein. 57. The duties of the Settlement AdministratorClass and to Plaintiff and Plaintiff’s Counsel, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process if approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish (f) issuing any necessary tax documents and maintain a Post Office box for performing any necessary tax reporting; and (g) such other duties as directed by the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiriesPlaintiff’s Counsel, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to provided that any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance modification of the Final Approval Hearing, prepare an affidavit duties referenced in subparts (a) - (g) of this Section must be mutually agreed to submit to by the Parties. 10.06 If appointed by the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from to represent the Settlement Class, as well as those the Class Representative and Class Counsel hereby consent to the release by Clarient to the Settlement Administrator of the names and last known addresses of the Settlement Class Members that timely filed objectionssolely for the purposes of fulfilling the Settlement Administrator’s duties under this Agreement, and other which information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into maintained as confidential by the Escrow Account; j. Perform all tax-related services for Settlement Administrator and shall be destroyed by the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function Settlement Administrator at the instruction conclusion of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributedits duties.

Settlement Administrator. 56‌ 25. Class Counsel, in consultation with Navy Federal, has selected The Parties agree to the appointment of the Settlement Administrator as Settlement Administrator to perform the services described herein. GEICO shall be solely responsible for the payment of the Settlement Administrator’s fees and costs relating to the effectuation of the Class Notice as described herein. Settlement administration fees and costs are separate from, and are not included as, part of the lawsuit expenses and costs that GEICO separately agrees to pay in an amount up to $350,000.00 as set forth in Paragraph 64 below if approved by the Court. 26. The Settlement Administrator shall administer assist with the various aspects administrative tasks set forth herein and any others necessary to implement the terms of this Agreement and the Proposed Settlement as preliminarily approved, including (i) mailing and e-mailing or arranging for the mailing and e-mailing, respectively, of the Settlement Mail and E-Mail Notice described above and submitting to the Parties and Court an affidavit offering proof thereof; (ii) handling mail returned as described in not delivered and making additional mailings required under the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties terms of the Settlement AdministratorAgreement; (iii) responding, in addition as necessary, to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder inquiries from Settlement Class Members; (iv) providing to the Parties, within five (5) business days of receipt, copies of all objections, motions to intervene, notices of intention to appear, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to ; (v) preparing a list of all Persons who timely requested exclusion from the Settlement Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit submitting to the Court confirming the Opt-Out List and supporting affidavit ten (10) days before the Fairness Hearing scheduled by the Court; (vi) preparing a list of all Persons who submitted objections to the settlement and submitting an affidavit testifying to the accuracy of that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names list; (vii) preparing a list of each Settlement Class member all Persons who make a timely claim; (viii) implementing procedures for processing and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreementhandling Claims submissions; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56‌ 10.1 The Parties will jointly agree on and designate, subject to Court approval, a Settlement Administrator for this Agreement. Class Counsel, in consultation with Navy Federal, has selected The cost of administration of the settlement by the Settlement AdministratorAdministrator shall be paid directly by the Defendant. In the event the Court does not give final approval to this Agreement, the Settlement Administrator shall immediately stop any and all activity on this settlement and will not be paid for activity taking place thereafter. 10.2 The Settlement Administrator shall administer various aspects perform all of the functions of the Settlement Administrator as described in the next paragraph hereafter set out herein, including without limitation: (a) arranging for and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members and distributing the Settlement Fund as provided herein. 57. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members provided by Navy Federal in connection with implementing the Notice process approved by the Court, for the purpose of mailing the Mailed Notice Plan; (b) receiving and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement maintaining any Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit Member correspondence regarding Opt- Out Requests and/or objections to the Settlement Agreement; (c) forwarding written inquiries to Class Members’ Accounts; b. Establish and maintain Counsel for a Post Office response, if warranted; (d) establishing a post-office box for the receipt of opt-out any correspondence; (e) responding to requests from Class Counsel and/or Defence Counsel consistent with this Agreement; (f) establishing a website and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line voice response unit with message capabilities to which Class Members may refer for Settlement Class members to call with Settlement-related inquiriesinformation about the Action and the Agreement, and answer speak with Settlement Administrator personnel in English or in French; and (g) implementing the frequently asked questions terms of the Claim Process under the Reimbursement Fund and related administrative activities. 10.3 If the Settlement Class members who call with Administrator makes a material or otherwise communicate such inquiries; e. Respond fraudulent misrepresentation to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from party, conceals requested material information, or fails to perform adequately on behalf of the Defendant or the Class, the Parties may agree to remove the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize Administrator. Disputes regarding the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance retention or dismissal of the Final Approval Hearing, prepare an affidavit to submit Settlement Administrator shall be referred to the Court confirming that for resolution. 10.4 The Settlement Administrator may retain one or more persons to assist in the Notice Program was completed, that completion of his or her responsibilities. 10.5 The Settlement Administrator accepts and attorns to the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount exclusive jurisdiction of the Net Settlement Fund required Court in respect of any matter related to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in enforcement of this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.

Settlement Administrator. 56. Class Counsel, in consultation with Navy Federal, has selected the Settlement Administrator47. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed and Email Notice to Settlement Class members Members and distributing the Settlement Fund as provided herein. The Parties shall move the Court to modify the existing Protective Order to permit the disclosure of information subject to the terms of the Protective Order to the Settlement Administrator and the use of such information by the Settlement Administrator solely for the purposes of effectuating the terms of this Settlement Agreement. The Settlement Administrator agrees to be bound by the terms of the Protective Order in this case (and any amendments to or modifications thereof) and shall ensure that any and all persons employed by the Settlement Administrator have executed the Acknowledgement and Agreement to be Bound attached as Exhibit A to the Protective Order before receiving or using any information subject to the Protective Order. 5748. Apple FCU will take reasonable steps to cooperate with Plaintiff in keeping settlement administration expenses to a minimum, including by providing the following assistance and data (to the extent available) without cost to Plaintiff: providing class member data sufficient to allow for email or mailed notice; providing data sufficient to allow Plaintiff’s expert to determine the number of Relevant Overdraft Fees for each class member, and issuing account credits to current account holders. 49. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement, are as follows: a. Use the name and address information for Settlement Class members Members provided by Navy Federal Apple FCU in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal Apple FCU to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for requests for exclusion from the receipt of opt-out requests and objectionsSettlement Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members Members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members Members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member Member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal Apple FCU that summarize summarizes the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out requested exclusion from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval;. i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy FederalApple FCU, as provided in this Agreement; and l. j. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy FederalApple FCU, including, but not limited to, verifying that the Settlement Fund has settlement funds have been distributed.

Settlement Administrator. 56. (a) The Settlement Administrator, under the supervision of Class Counsel, in consultation with Navy Federalshall be responsible for dissemination of Class Notice as ordered and approved by the Court, has selected the management of Class Member data, tracking, reviewing and approving claims, and distributing appropriate amounts to Settlement AdministratorClass Members. The Settlement Administrator shall administer various aspects be paid a fee to perform all responsibilities as set forth in the Settlement Agreement: (i) for claims administration, an amount estimated at $485,525 and (ii) for Class Notice, an amount estimated at $982,222. Should actual costs exceed these estimates, the Settlement Administrator will apply to the Court for compensation in excess of the estimated amounts. Costs for claims administration and the Class Notice will be paid out of the Settlement as described in the next paragraph hereafter and perform such other functions as are specified for Fund; provided that actual out-of-pocket costs incurred by the Settlement Administrator elsewhere in this Agreementissuing the Class Notice will be paid, includingfirst, out of the Notice Fund and thereafter out of the Settlement Fund. (b) The Settlement Administrator will be responsible for administering the Settlement Fund, including payment of all Distribution Checks as described Section 7. (c) All Claimants whose Claims are not approved shall be barred from any participation in distributions from the Settlement Fund, but not limited tootherwise shall be bound by all of the terms of this Settlement Agreement and the Settlement, providing Mailed including the terms of the Final Approval Order, and Email Notice to shall be Releasing Parties barred from bringing any action against any Released Parties concerning any Released Claims. (d) The Released Parties shall have no liability, obligation, or responsibility for reviewing or challenging claims, or administrating, settling, or disbursing claim distributions from the Settlement Class members and distributing Fund. (e) If there is any balance remaining in the Settlement Fund as provided herein. 57. The duties after a reasonable period of time after the initial date of distribution of the Settlement AdministratorFund, the Settlement Administrator shall, if feasible, allocate such balance among authorized Claimants in addition to other responsibilities that are described an equitable and economic fashion. These redistributions shall be repeated until the remaining balance in the preceding paragraph Settlement Fund is negligible, and elsewhere in this Agreement, are as follows: a. Use the name any such remaining balance shall be donated to an appropriate 501(c)(3) non- profit organization selected by Class Counsel and address information for Settlement Class members provided by Navy Federal in connection with the Notice process approved by the Court, for the purpose of mailing the Mailed Notice and sending the Email Notice, and later mailing distribution checks to Former Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members where it is not feasible or reasonable for Navy Federal to make the payment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests and objections; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports to Class Counsel and Navy Federal that summarize the number of requests for exclusion and/or objections received that week, the total number of exclusion requests and/or objections received to date, and other pertinent information; h. In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that the Notice Program was completed, that the Class Action Fairness Notice requirements have been met, describing how the Notice Program was completed, providing the names of each Settlement Class member who timely and properly opted-out from the Settlement Class, as well as those Settlement Class Members that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Navy Federal the amount of the Net Settlement Fund required to make Settlement Class Member Payments to Current Account Holders by a credit to those Settlement Class Members’ Accounts, as well as the amount that shall be paid into the Escrow Account; j. Perform all tax-related services for the Escrow Account as provided in the Agreement; k. Pay invoices, expenses and costs upon approval by Class Counsel and Navy Federal, as provided in this Agreement; and l. Any other Settlement-administration-related function at the instruction of Class Counsel and Navy Federal, including, but not limited to, verifying that the Settlement Fund has been distributed.