Common use of Settlement Administrator Clause in Contracts

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), are as follows: a. Obtain from M & I Bank and Settlement Class Counsel the names and address information of identifiable Settlement Class Members (to the extent it is available and to be updated by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address database, for the purpose of mailing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Establish and maintain a Post Office box for requests for exclusion from the Settlement 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 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank that summarize the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator58. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below the next 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 Notice to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. 59. Settlement Class Counsel and counsel for M & I TD Bank will jointly supervise and oversee may, by agreement, substitute a different entity as Settlement Administrator, subject to approval by the Court if the Court has previously approved the Settlement preliminarily or finally. In the absence of agreement, either Class Counsel or TD Bank may move the Court to substitute a different entity as Settlement Administrator, upon a showing that the responsibilities of Settlement Administrator have not been adequately executed by the incumbent. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6260. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Implement the names and address information of identifiable Settlement Class Members (to the extent it is available and to be updated Notice Program required by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address database, for the purpose of mailing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Establish and maintain a Post Office box an address for receiving mailed requests for exclusion from the Settlement 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, the Claim Form, and such other documents as Class Counsel and TD Bank 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 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 and, no later than five (5) days after the end of the Opt- Opt-Out PeriodDeadline, and a final report to Settlement Class Counsel and TD Bank’s counsel for M & I Bank that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax AdministratorPayment of any taxes pursuant to paragraph 87; i. At Settlement Class Counsel’s and/or M & I TD Bank’s Counselcounsel’s request request, in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that (i) attests to implementation of the Notice Program in accordance with the Preliminary Approval Order; and (ii) identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Review and respond (as necessary) to all Claims; k. Provide weekly reports and a final report to Class Counsel and TD Bank’s counsel that summarize 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 pertinent information; l. Process and transmit distributions to Participating Settlement Class Members from the Net Settlement Fund in accordance with the terms of this AgreementAccount; k. m. Pay invoices, expenses expenses, and costs upon approval by Settlement Class Counsel and counsel for M & I TD Bank, as provided in this Agreement;; and l. n. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I TD Bank, including including, but not limited to, verifying that M & I Bank the Net Cash Settlement Amount has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein;been distributed as required by Section XII hereof. m. Comply 61. All Administrative Costs, including all costs associated with the terms Notice and administration of the parties’ Confidentiality Agreement Pertaining Settlement, shall be paid out of the Cash Settlement Amount. The costs of Notice and administration shall include any fees of and reasonable expenses incurred by the Settlement Administrator in relation to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx underthe Settlement, and agree any other reasonable expenses relating to comply withthe establishment, all applicable confidentiality, privacymaintenance, and security protocols required by M & I Bankdistribution of the Cash Settlement Amount.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator7.1. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below this Agreement and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed the Notice to Settlement Class MembersMembers as described in Paragraph 8; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing establishing and operating the Settlement Fund as provided herein; repaying M & I Bank its actual notice Website and administration costs pursuant to paragraphs 55(c), 92 and 94 hereoftoll-free number; and paying administering the remainder provision of identity theft protection services and the Settlement Fund to M & I Bank Claims process as described in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel Paragraphs 5.1 and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator5.2. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 627.2. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as followsinclude the following: a. Obtain 7.2.1 Obtaining from M & I Bank TransPerfect the name, last known email address, and Settlement Class Counsel the names and last known mailing or other address information of identifiable for Settlement Class Members (to the extent it is available reasonably available) and to be updated by verifying and updating the Settlement Administrator in the manner reflected herein)email and mailing addresses received, and verify and update the addresses received through the National Change of Address databasedatabase or other similar data source, for the purpose of mailing sending the Mailed Notice, and later mailing distribution checks Summary Notice to Settlement Class Members who do not opt out, as provided under the terms of this AgreementMembers; b. Establish 7.2.2 Establishing and maintain maintaining a Post Office post office box for requests for mailed written notifications of exclusion from the Settlement Class; c. Establish 7.2.3 Establishing and maintain the Settlement Website; d. Establish and maintain an automated maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries; e. Respond to any mailed 7.2.4 Establishing and maintaining a Settlement Website as an additional means for Settlement Class Member inquiries; f. Process all requests for exclusion from Members to obtain notice of and information about the Settlement Class; g. Provide weekly reports through and no later than five days after including hyperlinked access to this Agreement; the end of Notice; the Opt- Out Period, order preliminarily approving the Settlement; the Final Approval Order; Election Forms; Reimbursement Forms; and a final report to Settlement such other documents as Class Counsel and counsel for M & I Bank TransPerfect agree to post or that summarize the number Court orders posted. These documents shall remain on the Settlement Website at least until expiration of requests for exclusion received that week, the total number Election Deadline and the Reimbursement Deadline. The URL of exclusion requests received to date, the Settlement Website will be agreed upon in writing by TransPerfect and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in advance of . The Settlement Website shall not include any advertising and shall not bear or include the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I BankTransPerfect logo or TransPerfect trademarks.

Settlement Administrator. 606.1. Settlement Class Counsel and M & I Bank have Defendants will jointly selected retain the Settlement Administrator to disseminate the Class Notice, establish and M & I Bank shall retain Epiq Systems to serve as maintain a settlement website, distribute the Settlement Fund and provide the other services required by this Agreement within ten (10) days of signing this Agreement after soliciting bids from multiple settlement administrators. Defendants will pay the Settlement Administrator’s costs and expenses as provided in 2.28.. 6.2. By accepting the assignment as Settlement Administrator, the Settlement Administrator agrees to be bound by all obligations imposed on the Settlement Administrator by this Agreement. 6.3. If for any reason the Court removes the Settlement Administrator or for any other reason the Settlement Administrator does not fulfill all obligations of the Settlement Administrator under this Agreement, the Parties will within ten (10) days agree upon a new Settlement Administrator and promptly seek court approval of that new Settlement Administrator. If the Parties fail to agree upon a new Settlement Administrator, fail to promptly seek Court approval of that Settlement Administrator, or if the Court declines to approve the appointment of that proposed new Settlement Administrator, the Court will determine a mechanism to select a Settlement Administrator. 6.4. No later than thirty (30) days prior to the date Plaintiffs’ motion for final approval is to be filed, the Settlement Administrator will provide Class Counsel and Defense Counsel with an affidavit or declaration to be filed with the Court along with the papers submitted by Class Counsel in support of the Final Approval Motion, attesting that the Class Notice was disseminated in a manner consistent with this Agreement, or otherwise required by the Court, and all required information concerning the number of opt-out requests and objections. 6.5. The Settlement Administrator shall administer various aspects will distribute settlement checks to Class Members within forty-five (45) days after the Effective Date of Class Settlement. The settlement checks must be cashed or deposited within ninety (90) days from the date of issuance, as stated on the face of the Settlement as described in paragraph 62 below and perform such other functions as are specified for checks. For the initially mailed settlement checks only, the Settlement Administrator elsewhere in this Agreementwill mail a reminder postcard to Class Members who have not cashed their settlement check thirty (30) days after issuance. If the checks remain uncashed or expire, includingthey may be reissued to Class Member(s) upon request. If no request is made for a new check, but not limited to, providing Mailed Notice funds on expired checks will revert back to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing the Settlement Fund and there will be a second distribution pro rata to those class members who cashed their checks, provided there are sufficient funds remaining to make a second distribution economically practicable. If there is no second distribution, unclaimed funds will revert to The Impact Fund, as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administratorcy pres beneficiary. 616.6. As specified below and subject To help ensure settlement checks go to the limits set forth in paragraph 55(c)correct address and are cashed, all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), are as follows: a. Obtain from M & I Bank and Settlement Class Counsel the names and address information of identifiable Settlement Class Members (will have the right to the extent it is available and to be updated by contact the Settlement Administrator in and provide an updated address to send the manner reflected herein)settlement check. For example, and verify and update the addresses received through the National Change of Address database, for the purpose of mailing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt outare moving to a new location, as provided under or want the terms of this Agreement; b. Establish and maintain settlement check mailed to a Post Office box for requests for exclusion from different location than where Class Notice was mailed, can contact the Settlement Class;Administrator to provide an updated address. c. Establish 6.7. The Settlement Administrator will maintain records to evidence the date on which each Class Notice is first mailed and maintain the Settlement Website; d. Establish and maintain an automated tollwhen any further notices are re-free telephone line for Settlement Class Members to call with Settlement-related inquiriesmailed, and answer the questions of Settlement Class Members who call with or otherwise communicate such inquiries; e. Respond if applicable, to any Class Member. 6.8. The Settlement Administrator will maintain records to evidence the date on which each settlement check is first mailed Settlement and when any further settlement checks are re-mailed, if applicable, to any Class Member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank that summarize the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I BankMember.

Settlement Administrator. 60Subject to Bankruptcy Court approval, Class Counsel shall be authorized to retain Xxxxx Settlement Administration LLC (“Xxxxx”) as the settlement administrator (the “Settlement Administrator”), subject to the Debtors’ approval of the Settlement Administrator. All costs and fees associated with the administration of the Settlement, including but not limited to the disbursement of Settlement Awards and the Settlement Class Counsel Notices (defined infra § 18) (“Administration Costs”), shall be deducted from the Settlement Amount. The Settlement Administrator shall coordinate with the Debtors to create a Qualified Settlement Fund (“QSF”) from which to disburse Settlement Awards and M & I Bank have jointly selected other applicable fees and M & I Bank costs. Within ten (10) days of the Preliminary Approval Order (defined infra § 12), Defendant shall retain Epiq Systems provide a spreadsheet to serve the Settlement Administrator that lists for each Class Member their name, last-known address, and last four digits of their social security number (“Class Member Spreadsheet”). The Parties agree that (i) the Class Member Spreadsheet data as well as any other Settlement Class data (together, “Settlement Class confidential, (ii) the Settlement Administrator will use the Settlement Class Data for the sole purpose of effectuating the Settlement, and (iii) the Settlement Class Data will not be provided to Class Counsel. The Class Member Spreadsheet shall be based on Defendant’s personnel records and provided in a format reasonably acceptable to the Settlement Administrator. Defendant agrees to consult with the Settlement Administrator before the Class Member Spreadsheet production date to ensure the format will be acceptable to the Settlement Administrator. The Settlement Administrator shall administer various aspects will run a check of the Settlement as described in paragraph 62 below and perform such other functions as are specified for Class Members’ last-known addresses against those on file with the U.S. Postal Service’s National Change of Address List. Within ten (10) days of receipt of the Class Member Spreadsheet from Defendant, the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to will mail Settlement Class Notices to the Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee Notices returned to the Settlement Administrator. 61. As specified below and subject Administrator as non-delivered shall be re-sent to the limits set forth in paragraph 55(c)forwarding address, all if any, on the returned envelope. If there is no forwarding address, the Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall will conduct a computer search for a new address using the last four digits of the Class Member’s social security number. Said search will be paid performed by M & I Bank within 30 days of the Settlement Administrator one time for each Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval Notice returned without a forwarding address per Class Member. Upon completion of an invoice. 62. The duties of these steps by the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), are as follows: a. Obtain from M & I Bank Defendant and Settlement Class Counsel the names and address information of identifiable Settlement Class Members (to the extent it is available and to be updated by the Settlement Administrator in shall be deemed to have satisfied their obligations to provide Settlement Class Notice to any affected Class Members and, regardless of whether the manner reflected herein), and verify and update the addresses affected Class Members actually received through the National Change of Address database, for the purpose of mailing the Mailed Settlement Class Notice, and later mailing distribution checks to the affected Class Members shall remain members of the Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Establish and maintain a Post Office box for requests for exclusion from the Settlement 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 questions of Settlement Class Members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class Member inquiries; f. Process shall be bound by all requests for exclusion from the Settlement Class; g. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank that summarize the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions Settlement and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankthe Court’s Final Approval Order (defined infra § 12).

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator61. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), Administrator are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Postcard Notice and Email Notice, and later mailing distribution checks Settlement Class Member Payments to Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members who do where it is not opt out, as provided under feasible or reasonable for Defendant to make the terms of this AgreementSettlement Class Member Payments by a credit to the Current Settlement Class Members Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at information as may be necessary to allow the instruction of Settlement Class Counsel Parties to seek and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankobtain Final Approval.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator70. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below 72 and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of . 71. Defendant shall pay the Settlement Fund to M & I Bank in the event of a termination of Administrator directly for the Settlement pursuant Administration Costs up to Section XVIII hereofa total of $500,000.00. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth Administration Costs in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, excess of $500,000.00 shall be paid by M & I Bank within 30 days from the Settlement Fund. In the event the Settlement is terminated subsequent to the incurrence of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoiceAdministration Costs, TD Bank shall not be entitled to recoup those costs. 6272. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), Administrator are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Postcard Notice and Email 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 who do where it is not opt out, as provided under feasible or reasonable for Defendant to make the terms of this AgreementSettlement Class Member Payments by a credit to the Current Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 questions of Settlement Class Members 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information;of h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at information as may be necessary to allow the instruction of Settlement Class Counsel Parties to seek and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankobtain Final Approval.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator61. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Use the Settlement Class Counsel List provided by Defendant in connection with the names and address information of identifiable Settlement Class Members (to the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of sending the Email Notice and mailing the Mailed Postcard Notice, and later mailing distribution checks to Past Accountholder Settlement Class Members, and to Current Accountholder Settlement Class Members who do where it is not opt out, as provided under feasible or reasonable for Defendant to make the terms of this Agreementpayment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion to opt-out from the Settlement Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Accountholders in the Settlement Class Members to call with Settlement-related inquiries, and answer the frequently asked questions of the Settlement Class Members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Class Member inquiries; f. Process all opt-out requests for exclusion from the Settlement Class; g. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize the number of opt-out requests for exclusion received that week, the total number of exclusion opt-out requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit a declaration to submit to the Court that identifies confirming the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Accountholder in the Settlement Class Member who timely and properly requested exclusion opted-out from the Settlement Class, and other information as may be necessary to allow the Parties to seek and obtain Final Approval. i. Distribute Settlement Class Member Payments by check to Past Accountholder Settlement Class Members; j. Process and transmit distributions Provide to Defendant the amount of the Settlement Class Member Payments to Current Accountholder Settlement Class Members from the Net Settlement Fund in accordance and work with Defendant to initiate the terms credits of this AgreementSettlement Class Member Payments to Current Accountholder Settlement Class Members. k. If Residual Funds exist after the first distribution, repay Defendant for the amount of Settlement Administration Costs it paid; k. l. Pay invoices, expenses expenses, and costs upon approval by Settlement Class Counsel and counsel for M & I BankDefendant, as provided in this Agreement;; and l. Perform the duties of Escrow Agent as described in this Agreement, and any m. Any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I BankDefendant, including including, but not limited to, verifying that M & I Bank the Settlement Fund has correctly made a distribution been distributed. 63. Defendant shall pay the Settlement Administration Costs. 64. Residual Funds, if any, shall be paid first to Settlement Class Members pursuant Defendant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankreimburse it for these costs as indicated in Section XI.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator53. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below the next section and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 6154. As specified below and subject In addition to the limits set forth duties and obligations provided in paragraph 55(c)other sections of this Agreement, all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The the duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), are as followsAdministrator shall include the following: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address database, Court for the purpose of mailing distributing the Mailed Postcard Notice and Email Notice, and later mailing distribution checks Settlement Class Member Payments to Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members who do where it is not opt out, as provided under feasible or reasonable for Defendant to make the terms of this AgreementSettlement Class Member Payments by a credit to the Current Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 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. Process any objections to the terms of the Agreement; h. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize the number of requests for exclusion and objections received that week, the total number of exclusion requests and objections received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to , providing the names of each Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution Member who objected to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree other information as may be necessary to comply with, all applicable confidentiality, privacy, allow the Parties to seek and security protocols required by M & I Bankobtain Final Approval.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator7.1. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below this Agreement and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed the Notice to Settlement Class MembersMembers as described in Paragraph 8; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing establishing and operating the Settlement Fund Website and toll-free number; administering the provision of credit monitoring and identity restoration services, and the Claims process as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank described in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement AdministratorParagraph 5. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 627.2. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as followsinclude the following: a. Obtain 7.2.1 Obtaining from M & I Bank BHN the name, last known email address, and Settlement Class Counsel the names and last known mailing or other address information of identifiable for Settlement Class Members (to the extent it is available reasonably available) and to be updated by verifying and updating the Settlement Administrator in the manner reflected herein)email and mailing addresses received, and verify and update the addresses received through the National Change of Address databasedatabase or other similar data source, for the purpose of mailing sending the Mailed Notice, and later mailing distribution checks Summary Notice to Settlement Class Members who do not opt out, as provided under the terms of this AgreementMembers; b. Establish 7.2.2 Establishing and maintain maintaining a Post Office post office box for requests for exclusion mailed written correspondence from the Settlement Class; c. Establish 7.2.3 Establishing and maintain the Settlement Website; d. Establish and maintain an automated maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries; e. Respond 7.2.4 Establishing and maintaining a Settlement Website as an additional means for Settlement Class Members to obtain notice of and information about the Settlement through and including hyperlinked access to this Agreement; the Notice; the order preliminarily approving the Settlement; the Final Approval Order; Election Forms; Reimbursement Forms; and such other documents as Class Counsel and BHN agree to post or that the Court orders posted. These documents shall remain on the Settlement Website at least until expiration of the Election Deadline and the Reimbursement Deadline. The URL of the Settlement Website will be agreed upon in writing by BHN and Class Counsel. The Settlement Website shall not include any advertising and shall not bear or include the BHN logo or BHN trademarks. 7.2.5 Responding to any mailed or emailed Settlement Class Member inquiries; f. Process all requests for exclusion from the Settlement Class; g. Provide weekly 7.2.6 Providing reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank BHN that summarize set forth the number of requests for exclusion Election Forms received since the prior reporting period, and the total number of Election Forms received to date; 7.2.7 Providing reports to Class Counsel and BHN that weekset forth the number and amount of Reimbursement Forms received since the prior reporting period, the total number and amount of exclusion requests Reimbursement Forms received to date, and other pertinent informationReimbursement Forms permitted, and the number rejected; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in 7.2.8 In advance of the Final Approval Hearing, prepare an affidavit preparing a declaration to submit to the Court that identifies each that: (i) attests to implementation of the Notice Program in accordance with the Preliminary Approval Order; and (ii) provides information on the number of Settlement Class Member Members who timely and properly requested exclusion from the Settlement ClassOffering, and the total number of Settlement Class Members who submitted Reimbursement Claims; j. Process 7.2.9 Receiving and transmit processing all Election Forms submitted by Settlement Class Members pursuant to the criteria set forth in Paragraph 5, as well as distributing activation codes to Settlement Class Members for identity theft protection based on Election Forms pursuant to the criteria set forth in Paragraph 5; 7.2.10 Reviewing, determining the validity of, and responding to Reimbursement Forms submitted by Settlement Class Members pursuant to the criteria set forth in Paragraph 5; 7.2.11 Processing and transmitting distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this AgreementParagraph 5; k. Pay invoices, expenses and costs 7.2.12 Performing any other function related to Settlement administration at the agreed-upon approval by instruction of both Settlement Class Counsel and counsel for M & I BankBHN. 7.3. The Parties, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this AgreementReleased Parties, and any other their respective counsel shall have no responsibility or liability whatsoever for the Settlement Administrator’s conduct, omissions, or actions. 7.4. The Settlement Fund shall be solely responsible for paying the Settlement Administrator for its settlement administration services related to the Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator51. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund Class Member Payments as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6252. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable the Settlement Class Members (to provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Process Claim Forms and oversee the Claim Form Submission Process as described more fully below; c. Establish and maintain a Post Office post office box for requests for exclusion or objections from the Settlement Class; c. d. Establish and maintain the Settlement Website; d. e. Establish and maintain an automated toll-free telephone line for the Settlement Class Members to call with Settlementand leave messages regarding settlement-related inquiries, and answer the respond to questions of the Settlement Class Members who call with or otherwise communicate such inquiries; e. f. Respond to any mailed Settlement Class Member inquiries; f. g. Process all requests for exclusion from the Settlement Class; g. h. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize the number of requests for exclusion received that week, the total number of exclusion requests received to date, the number of objections received that week, the total number of objections received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each member of the Settlement Class Member who timely and properly requested exclusion from the Settlement ClassClass or served objections, detailing the number of Claim Forms that were timely and validly submitted, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; j. Process In advance of the Final Approval Hearing, provide Defendant and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreementa copy of each notice of intent to object received by the Settlement Administrator; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator54. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 6155. As In addition to duties specified below and subject to elsewhere in this Agreement, the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), are as followsAdministrator include: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Postcard Notice and Email Notice, and later mailing distribution checks Settlement Class Member Payments to Settlement Class Members who do not opt out, as provided under the terms of this AgreementMembers; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member member who timely and properly requested exclusion from the Settlement Class, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Distribute Settlement Class Member Payments by check to Settlement Class Members; j. Process and transmit distributions to Settlement Class Members from Return the Net remainder of the Settlement Fund in accordance with to Defendant if the terms of this Agreement; Settlement is terminated pursuant to Section XII; k. Pay invoices, expenses expenses, and costs upon approval by Settlement Class Counsel and counsel for M & I BankDefendant, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 6057. Settlement Class Counsel and M & I Bank have jointly Counsel, in consultation with Xxxxxxx Xxxxxx Bank, has selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Postcard Notice and Email Notice to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; Members and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6258. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Xxxxxxx Xxxxxx Bank in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing the Mailed Postcard 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 who do where it is not opt out, as provided under feasible or reasonable for Chelsea Groton Bank to make the terms of this Agreementpayment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office box for the receipt of opt-out requests for exclusion from the Settlement Classand objections; 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Xxxxxxx Xxxxxx Bank 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. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that identifies 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 requested exclusion opted-out from the Settlement Class; j. Process and transmit distributions to , as well as those Settlement Class Members from that timely filed objections, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; i. Identify to Chelsea Groton Bank 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 and then sending Chelsea Groton Bank the funds at least seven (7) days before Xxxxxxx Xxxxxx Bank makes the Account credits; j. Perform all tax-related services for the Escrow Account as provided in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Xxxxxxx Xxxxxx Bank, as provided in this Agreement;; and l. Perform the duties of Escrow Agent as described in this Agreement, and any Any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Chelsea Groton Bank, including including, but not limited to, verifying that M & I Bank the Settlement Fund has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankbeen distributed.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator63. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; Program, and distributing the Settlement Fund Class Member Payments as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6264. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable the Settlement Class Members (to provided by Defendants in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address database, Court for the purpose of mailing distributing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Process Claim Forms and oversee the Claim Form Submission Process as described more fully herein below; c. Establish and maintain a Post Office post office box for requests for exclusion or objections from the Settlement Class; c. d. Establish and maintain the Settlement Website; d. e. Establish and maintain an automated toll-free telephone line for the Settlement Class Members to call with Settlement-related inquiries, and answer hear automated responses or request a copy of the questions of Settlement Class Members who call with or otherwise communicate such inquiriesLong Form Notice to be sent by mail; e. f. Respond to any mailed Settlement Class Member inquiries; f. g. Process all requests for exclusion from the Settlement Class; g. h. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendants that summarize the number of claims received that week, the total number of claims received to date, the number of requests for exclusion received that week, the total number of exclusion requests received to date, the number of objections received that week, the total number of objections received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each member of the Settlement Class Member who timely and properly requested exclusion from the Settlement ClassClass or served objections, detailing the number of Claim Forms that were timely and validly submitted, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; j. Process and transmit distributions Distribute Settlement Class Member Payments by check to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this AgreementMembers; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 60Class Counsel has selected KCC Class Action Services LLC (together with its affiliates) to act as Settlement Administrator, and COP has consented to such appointment. The Settlement Administrator, acting pursuant to the Escrow Agreement and Instructions, shall be responsible for the general supervision and administration of the Settlement Amount deposited in the Escrow Account, the allocation (in accordance with the Plan of Allocation) and distribution of the Settlement Amount and any required notification of Settlement Class Counsel Members regarding the Settlement. All fees, costs and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems expenses to serve as be disbursed from the Settlement AdministratorEscrow Account must be approved by the District Court. The Settlement Administrator shall administer various aspects be permitted, with the approval of the Parties, to retain accountants and legal counsel to assist in its administration of the Settlement and the Escrow Agreement and Instructions. Subject to satisfaction of its duties and obligations under this Settlement Agreement, Settlement Administrator, or any successor hereafter appointed, may resign and shall be discharged of its duties upon the appointment of a successor Settlement Administrator, as described in paragraph 62 below Class Counsel, with the consent of COP, shall determine. Each such successor Settlement Administrator shall have all the power, authority, rights and perform privileges hereby conferred upon the original Settlement Administrator, and the term “Settlement Administrator” as used herein shall be deemed to include such other functions as are specified successor Settlement Administrator. For the avoidance of doubt, COP must approve of and, only for good cause shown, shall have the right to reject Class Counsel’s chosen Settlement Administrator or any successor. Class Counsel and the Settlement Administrator elsewhere in this Agreementshall be responsible for communicating distributing, including, but not limited to, providing Mailed Notice allocating and administering any matters pertaining to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing settlement and the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant Amount among or with Class Members or any persons claiming to paragraphs 55(c), 92 and 94 hereof; and paying the remainder be a part of the Settlement Fund to M & I Bank in the event of a termination of Class. COP shall refer all inquiries concerning the Settlement pursuant Agreement to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), are as follows: a. Obtain from M & I Bank and Settlement Class Counsel the names and address information of identifiable Settlement Class Members (to the extent it is available and to be updated by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address database, for the purpose of mailing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Establish and maintain a Post Office box for requests for exclusion from the Settlement 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 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank that summarize the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in . In accordance with the terms settlement approval provisions of Rule 1-023 NMRA, notice of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Banksettlement, as approved by the District Court, will be provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement all Class Members pursuant to paragraph 86 herein; m. Comply with as ordered by the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I BankDistrict Court.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below this Section and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereofProgram; and paying administering the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement AdministratorClaims Process. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 62. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Methodist in connection with the extent it is available and to be updated notice process approved by the Settlement Administrator in the manner reflected herein), Court and verify and update the addresses received through the National Change of Address database, for the purpose of mailing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this AgreementEligible Claimants; b. Establish and maintain a Post Office box for requests for exclusion from the Settlement Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated and live operator toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer the 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 from the Settlement Class; g. Provide weekly reports and and, no later than five 5 days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defense Counsel that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, percentage of the Settlement Class that has requested exclusion through that week, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies with the names of each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. i. Process and transmit distributions to Settlement Class Members from Eligible Claimants pursuant to the Net Settlement Fund in accordance with the terms of this AgreementClaims Process; k. j. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I BankMethodist, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator63. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6264. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), Administrator are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Postcard Notice and Email Notice, and later mailing distribution checks Settlement Class Member Payments to Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members who do where it is not opt out, as provided under feasible or reasonable for Defendant to make the terms of this AgreementSettlement Class Member Payments by a credit to the Current Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at information as may be necessary to allow the instruction of Settlement Class Counsel Parties to seek and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 hereinobtain Final Approval; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bank.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator48. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; Program, and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6249. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), Administrator are as follows: a. Obtain from M & I Bank Use the Class List and Relevant Fee information for Settlement Class Counsel members provided by Workers in connection with the names Notice Program approved by the Court, for the purpose of distributing the Postcard Notice and address information of identifiable Email Notice, and later mailing Settlement Class Member Payments to Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members (for whom it is not feasible or reasonable for Defendant to make the Settlement Class Member Payments by a credit to the extent it is available Current Settlement Class Members Accounts; b. The Parties and Class Counsel acknowledge that the Class List contains confidential information, which may not be disseminated to be updated by anyone other than the Settlement Administrator. The Settlement Administrator shall sign a confidentiality agreement and agreement to safeguard member information and former member non-public personal information in compliance with NCUA Regulation Part 748 and all other applicable law, which shall provide that the manner reflected herein)information provided shall be treated as confidential and shall be used only as required by this Settlement Agreement and shall be protected against unauthorized access or use. Defendant shall compile the Class List at its expense and forward it to the Settlement Administrator, and verify and update including the last known mailing address for each Settlement Class Member. The Settlement Administrator will process the addresses received through the National Change of Address databasedatabase as well as a service such as Probe 260 or Lexis/Nexis Accurint to update address data. The names, for the purpose of mailing the Mailed Noticeaddresses, and later mailing distribution checks to Settlement other identifying information of the Class Members who do shall not opt out, as be provided under to Class Counsel. Defendant shall provide the terms of this Agreement;Class List to the Settlement Administrator within 60 days from the date that the Court grants preliminary approval. b. c. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 inquiries, and answer the 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 days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at information as may be necessary to allow the instruction of Settlement Class Counsel Parties to seek and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankobtain Final Approval.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator7.1. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 below this Agreement and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed the Notice to Settlement Class MembersMembers as described in Paragraph 8; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing establishing and operating the Settlement Fund Website and toll-free number; administering the provision of credit monitoring and identity restoration services, and the Claims process as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank described in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement AdministratorParagraph 5. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 627.2. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as followsinclude the following: a. Obtain 7.2.1 Obtaining from M & I Bank BRSI the name, last known email address, and Settlement Class Counsel the names and last known mailing or other address information of identifiable for Settlement Class Members (to the extent it is available reasonably available) and to be updated by verifying and updating the Settlement Administrator in the manner reflected herein)email and mailing addresses received, and verify and update the addresses received through the National Change of Address databasedatabase or other similar data source, for the purpose of mailing sending the Mailed Notice, and later mailing distribution checks Summary Notice to Settlement Class Members who do not opt out, as provided under the terms of this AgreementMembers; b. Establish 7.2.2 Establishing and maintain maintaining a Post Office post office box for requests for mailed written notifications of exclusion from the Settlement Class; c. Establish 7.2.3 Establishing and maintain the Settlement Website; d. Establish and maintain an automated maintaining a toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer answering the questions of Settlement Class Members who call with or otherwise communicate such inquiries; e. Respond to any mailed 7.2.4 Establishing and maintaining a Settlement Website as an additional means for Settlement Class Member inquiries; f. Process all requests for exclusion from Members to obtain notice of and information about the Settlement Class; g. Provide weekly reports through and no later than five days after including hyperlinked access to this Agreement; the end of Notice; the Opt- Out Period, order preliminarily approving the Settlement; the Final Approval Order; Election Forms; Reimbursement Forms; and a final report to Settlement suchother documents as Class Counsel and counsel for M & I Bank BRSI agree to post or that summarize the number Court orders posted. These documents shall remain on the Settlement Website at least until expiration of requests for exclusion received that week, the total number Election Deadline and the Reimbursement Deadline. The URL of exclusion requests received to date, the Settlement Website will be agreed upon in writing by BRSI and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in advance of . The Settlement Website shall not include any advertising and shall not bear or include the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I BankBRSI logo or BRSI trademarks.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator63. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6264. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 above), Administrator are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable Settlement for Sufficient Funds Fee Class Members (to and Retry Fee Class members provided by Defendant in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Postcard Notice and Email Notice, and later mailing distribution checks Settlement Class Member Payments to Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members who do where it is not opt out, as provided under feasible or reasonable for Defendant to make the terms of this AgreementSettlement Class Member Payments by a credit to the Current Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement Sufficient Funds Fee Class and/or Retry Fee Class; c. Establish and maintain the Settlement Website; d. Establish and maintain an automated toll-free telephone line for Settlement Sufficient Funds Fee Class Members and/or Retry Fee Class members to call with Settlement-related inquiries, and answer the frequently asked questions of Settlement Sufficient Funds Fee Class Members and/or Retry Fee Class members who call with or otherwise communicate such inquiries; e. Respond to any mailed Settlement Sufficient Funds Fee Class Member and/or Retry Fee Class member inquiries; f. Process all requests for exclusion from the Settlement Sufficient Funds Fee Class and Retry Fee Class; g. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Defendant that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an a declaration or affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Sufficient Funds Fee Class Member and Retry Fee Class member who timely and properly requested exclusion from the Settlement Class; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Bank, as provided in this Agreement; l. Perform the duties of Escrow Agent as described in this AgreementSettlement, and any other Settlement-administration-related function at information as may be necessary to allow the instruction of Settlement Class Counsel Parties to seek and counsel for M & I Bank, including but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankobtain Final Approval.

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator56. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with effectuating the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; and distributing the Settlement Fund as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6257. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Capital One in connection with the extent it is available and to be updated Notice Program approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing distributing the Mailed Notice, Email Notice, and Long Form Notice, and later mailing distribution checks to Past Account Holder Settlement Class Members, and to Current Account Holder Settlement Class Members who do where it is not opt out, as provided under feasible or reasonable for Capital One to make the terms of this Agreementpayment by a credit to the Settlement Class Members’ Accounts; b. Establish and maintain a Post Office post office box for requests for exclusion from the Settlement 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 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 and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Capital One that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member member who timely and properly requested exclusion from the Settlement Class, and other information as may be necessary to allow the Parties to seek and obtain Final Approval. i. Distribute Settlement Class Member Payments by check to Past Account Holder Settlement Class Members; j. Process and transmit distributions Provide to Capital One the amount of the Settlement Class Member Payments to Current Account Holder Settlement Class Members from the Net Settlement Fund in accordance with and instruct Capital One to initiate the terms direct deposit of this AgreementSettlement Class Member Payments to Current Account Holder Settlement Class Members. k. If funds remain available, repay Capital One for the amount of Settlement Administration Costs it paid; k. l. Pay invoices, expenses expenses, and costs upon approval by Settlement Class Counsel and counsel for M & I BankCapital One, as provided in this Agreement;; and l. Perform the duties of Escrow Agent as described in this Agreement, and any m. Any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I BankCapital One, including including, but not limited to, verifying that M & I Bank the Settlement Funds has correctly made a distribution been distributed. n. Subject to the Settlement Administrator Costs Cap, costs related to Settlement Class Members pursuant Administration shall be paid by Capital One. Residual Funds, if any, shall be paid first to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining Capital One to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Bankreimburse it for these costs as indicated in Section XI.

Settlement Administrator. 6063. Settlement Class Counsel and M & I Xxxxxx Bank have jointly selected and M & I Xxxxxx Bank shall retain Epiq Systems to serve as the Settlement Administrator. The Settlement Administrator shall administer various aspects of the Settlement as described in paragraph 62 65 below and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; distributing the Settlement Fund as provided herein; repaying M & I Xxxxxx Bank its actual notice and administration costs pursuant to paragraph 58(c) and paragraphs 55(c), 92 109 and 94 111 hereof; and paying the remainder of the Settlement Fund to M & I Xxxxxx Bank in the event of a termination of the Settlement pursuant to Section XVIII XIX hereof. Settlement Class Counsel and counsel for M & I Xxxxxx Bank will jointly supervise and oversee the Settlement Administrator. 6164. As specified below and subject to the limits set forth in paragraph 55(c)58(c) above, all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, 105 shall be paid by M & I Xxxxxx Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Xxxxxx Bank’s receipt and approval of an invoice. 6265. The duties of the Settlement Administrator, in addition to other responsibilities that are described in this Agreement (including but not limited to those referenced in paragraph 60 63 above), are as follows: a. Obtain from M & I Xxxxxx Bank and Settlement Class Counsel the names and address information of identifiable Settlement Class Members (to the extent it is available and to be updated by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address database, for the purpose of mailing the Mailed Notice, and later mailing distribution checks to Settlement Class Members who do not opt out, as provided under the terms of this Agreement; b. Review, decide, and respond to all Claims; c. Establish and maintain a Post Office box for requests for exclusion from the Settlement Class; c. d. Establish and maintain the Settlement Website; d. e. Establish and maintain an automated toll-free telephone line for Settlement Class Members to call with Settlement-related inquiries, and answer the questions of Settlement Class Members who call with or otherwise communicate such inquiries; e. f. Respond to any mailed Settlement Class Member inquiries; f. g. Process all requests for exclusion from the Settlement Class; g. h. Provide weekly reports and no later than five days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Xxxxxx Bank that summarize the number of Claims that week, the total number of Claims received to date, the number and dollar amount of any Claims granted and denied that week, the total dollar amount of any Claims granted and denied to date, and other pertinent Claim information, the number of requests for exclusion received that week, and the total number of exclusion requests received to date, and other pertinent information; h. i. Interface with the Tax Administrator; i. j. At Settlement Class Counsel’s and/or M & I Xxxxxx Bank’s Counsel’s request in advance of the Final Approval Hearing, prepare an affidavit to submit to the Court that identifies each Settlement Class Member who timely and properly requested exclusion from the Settlement Class; j. k. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. l. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I Xxxxxx Bank, as provided in this Agreement; l. m. Perform the duties of Escrow Agent as described in this Agreement, and any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I Xxxxxx Bank, including but not limited to, verifying that M & I Xxxxxx Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 104 herein; m. n. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and; n. Xxxxxxx o. Qualify under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Xxxxxx Bank.; and

Settlement Administrator. 60. Settlement Class Counsel and M & I Bank have jointly selected and M & I Bank shall retain Epiq Systems to serve as the Settlement Administrator66. The Settlement Administrator shall administer various aspects of the Settlement as described in the next paragraph 62 below hereafter and perform such other functions as are specified for the Settlement Administrator elsewhere in this Agreement, including, but not limited to, providing Mailed Notice to Settlement Class Members; working with the Notice Administrator to effectuate the Published Notice Program pursuant to Section X below; members and distributing the Settlement Fund Amount as provided herein; repaying M & I Bank its actual notice and administration costs pursuant to paragraphs 55(c), 92 and 94 hereof; and paying the remainder of the Settlement Fund to M & I Bank in the event of a termination of the Settlement pursuant to Section XVIII hereof. Settlement Class Counsel and counsel for M & I Bank will jointly supervise and oversee the Settlement Administrator. 61. As specified below and subject to the limits set forth in paragraph 55(c), all Settlement Administrator fees, charges and expenses, as incurred pursuant to paragraph 87, shall be paid by M & I Bank within 30 days of Settlement Class Counsel’s and counsel for M & I Bank’s receipt and approval of an invoice. 6267. The duties of the Settlement Administrator, in addition to other responsibilities that are described in the preceding paragraph and elsewhere in this Agreement (including but not limited to those referenced in paragraph 60 above)Agreement, are as follows: a. Obtain from M & I Bank and Settlement Class Counsel Use the names name and address information of identifiable for Settlement Class Members (to members provided by Farmers in connection with the extent it is available and to be updated Notice process approved by the Settlement Administrator in the manner reflected herein), and verify and update the addresses received through the National Change of Address databaseCourt, for the purpose of mailing the any Mailed Notice and sending any Email Notice, and later mailing distribution checks to Past Policy Holder Settlement Class Members who do and Non-Renewing Current Policy Holder Settlement Class Members, and to Renewing Current Policy Holder Settlement Class Members where it is not opt out, as provided under feasible or reasonable for Farmers to make the terms of this Agreementpayment by a credit to the their Policies; b. Arrange for the Publication Notice; c. Establish and maintain a Post Office box for requests for exclusion from the Settlement 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 inquiries, and answer the 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 days after the end of the Opt- Out Period, and a final report to Settlement Class Counsel and counsel for M & I Bank Farmers that summarize summarizes the number of requests for exclusion received that week, the total number of exclusion requests received to date, and other pertinent information; h. Interface with the Tax Administrator; i. At Settlement Class Counsel’s and/or M & I Bank’s Counsel’s request in In advance of the Final Approval Hearing, prepare an affidavit to submit to the Court confirming that identifies the Notice Program was completed, describing how the Notice Program was completed, providing the names of each Settlement Class Member member who timely and properly requested exclusion from the Settlement Class, and other information as may be necessary to allow the Parties to seek and obtain Final Approval; j. Process and transmit distributions to Settlement Class Members from the Net Settlement Fund in accordance with the terms of this Agreement; k. Pay invoices, expenses and costs upon approval by Settlement Class Counsel and counsel for M & I BankFarmers, as provided in this Agreement;; and l. Perform the duties of Escrow Agent as described in this Agreement, and any k. Any other Settlement-administration-related function at the instruction of Settlement Class Counsel and counsel for M & I BankFarmers, including including, but not limited to, verifying that M & I Bank has correctly made a distribution to Settlement Class Members pursuant to paragraph 86 herein; m. Comply with the terms of the parties’ Confidentiality Agreement Pertaining to Fourth Tranche Actions and all applicable provisions of this Agreement; and n. Xxxxxxx under, and agree to comply with, all applicable confidentiality, privacy, and security protocols required by M & I Banksettlement funds have been distributed.