Common use of Settlement Class Notice Clause in Contracts

Settlement Class Notice. Subject to Court approval, the Parties agree that as soon as practicable, and no later than thirty (30) days after entry of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”), the Settlement Administrator shall disseminate Notice of the proposed Settlement by the following methods:

Settlement Class Notice. Subject Named Plaintiffs, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notices and Long Form Notice, substantially in the form attached as Exhibits A, B, and C, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Parties agree Settlement Administrator will send a notice of the settlement via electronic mail (where available) and U.S. Mail, postage prepaid, also requesting either forwarding service or change service to the last known address reflected in the Class List as necessary. The Administrator will send the Notice of Settlement, substantially in the form attached as Exhibit A, to all members of the Automatic Payment Category. The Administrator will send the Notice of Settlement and Claim Form, substantially in the form attached as Exhibit B, to all other members of the Settlement Class. Collectively, this is the “Notice” to the Settlement Class, as defined in Section 2.25. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that as soon as practicablesame deadline, and no later than the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days after entry following the mailing of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List Notice via U.S. Mail (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”if applicable), the Settlement Administrator shall disseminate will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. Neither the Parties nor the Settlement Administrator will have any further obligation to send notice of the proposed settlement to the Settlement by the following methods:Class Members.

Settlement Class Notice. Subject Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notice and Long Form Notice, substantially in the form attached as Exhibit D and Exhibit F, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Parties agree Settlement Administrator will send the Notice and Claim Form via electronic mail (where available) and U.S. Mail, postage prepaid also requesting either forwarding service or change service to the last known address reflected in the Class List. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that same deadline, the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days following the mailing of the Notice via U.S. Mail (if applicable), the Settlement Administrator will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as soon as practicableundeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and no appropriate methods to locate an updated address. No later than thirty (30) days after entry of before the Preliminary Final Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”)Hearing, the Settlement Administrator shall disseminate Notice will file proof of the proposed mailing of the Notice with the Court. Neither the Parties nor the Settlement by Administrator will have any further obligation to send notice of the following methods:settlement to the Settlement Class Members.

Settlement Class Notice. Subject to Court approvalNamed Plaintiff, the Parties agree that as soon as practicableDefendant, and no later than thirty (30) days after entry of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely have agreed that they will jointly recommend the Notice, substantially in the form attached as Exhibit D, to the Court for approval. After the purpose Court enters Preliminary Approval and within fourteen (14) days of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither receiving the Class List from the Parties, the Settlement Administrator will send the Notice and Claim Form in both English and Spanish via electronic mail (where available) and U.S. Mail, postage prepaid also requesting either forwarding service or change service to the last known address reflected in the Class Member List. Prior to mailing, nor the information contained in it, Settlement Administrator shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject utilize the U.S. Postal Office’s National Change of Address System. For up to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety forty-five (9045) days after entry following the mailing of the Preliminary Approval Order Notice via U.S. Mail (the “Notice Date”if applicable), the Settlement Administrator shall disseminate will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. No later than forty-five (45) days before the Final Approval Hearing, the Settlement Administrator will file proof of the proposed mailing of the Notice with the Court. Neither the Parties nor the Settlement by Administrator will have any further obligation to send notice of the following methods:settlement to the Settlement Class Members.

Settlement Class Notice. Subject Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Notices and Long Form Notice, substantially in the form attached as Exhibits A, B, and C, to the Court for approval. Within twenty-one (21) days of the Court entering Preliminary Approval, the Parties agree Settlement Administrator will send a notice of the settlement via electronic mail (where available) and U.S. Mail, postage prepaid, also requesting either forwarding service or change service to the last known address reflected in the Class List as necessary. The Administrator will send the Notice of Settlement, substantially in the form attached as Exhibit A, to all members of the Automatic DocuSign Envelope ID: 06EE7A26-3CA3-4588-8164-D230025D2033 Payment Category. The Administrator will send the Notice of Settlement and Claim Form, substantially in the form attached as Exhibit B, to all other members of the Settlement Class. Collectively, this is the “Notice” to the Settlement Class, as defined in Section 2.25. Prior to the mailing, the Settlement Administrator shall utilize the U.S. Postal Office’s National Change of Address System. By that as soon as practicablesame deadline, and no later than the Settlement Administrator will post the Long Form Notice to the Settlement Website. For up to thirty (30) days after entry following the mailing of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List Notice via U.S. Mail (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely for the purpose of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither the Settlement Class Member List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”if applicable), the Settlement Administrator shall disseminate will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. Neither the Parties nor the Settlement Administrator will have any further obligation to send notice of the proposed settlement to the Settlement by the following methods:Class Members.

Settlement Class Notice. Subject to Court approvalNamed Plaintiff, the Parties agree that as soon as practicableDefendant, and no later than thirty (30) days after entry of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely have agreed that they will jointly recommend the Class Notice, substantially in the form attached as Exhibit 1, to the Court for approval. After the purpose Court enters Preliminary Approval and within twenty-one (21) days of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither receiving the Class List from Defendant, the Settlement Administrator will send the Class Member ListNotice via U.S. mail, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject postage prepaid. Prior to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety (90) days after entry of the Preliminary Approval Order (the “Notice Date”)mailing, the Settlement Administrator shall disseminate Notice utilize the U.S. Postal Office’s National Change of Address System. For up to forty-five (45) days following the mailing of the proposed Notice via U.S. Mail, the Settlement Administrator will re-mail the Class Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the following methods:U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. After the forty-five (45) day re-mailing period, the Settlement Administrator shall send to Plaintiff and Defendant a list of each Class Notice or Claim Form returned as undeliverable. No later than fourteen (14) days before the final fairness hearing in this Litigation, the Settlement Administrator shall file proof of the mailing of the Class Notice with the Court. The Class Notice and Claim Form explain to the Settlement Class Members their rights to make a claim, or opt out of, or object to the Settlement, and the deadlines by which to exercise those rights. They also summarize the benefits provided, and the claims to be released if the Class Member does not opt out. The mailed Class Notice and Claim Form will also direct Settlement Class Members to the Settlement Website for further information.

Settlement Class Notice. Subject to Court approvalThe Named Plaintiff, the Parties agree that as soon as practicableDefendant, and no later than thirty (30) days after entry of the Preliminary Approval Order, Bank of America will provide the Mortgage Escrow List (defined above) to the Calculation Advisor. The Mortgage Escrow List and its contents shall be used by the Calculation Advisor solely for the purposes of performing his obligations under this Settlement Agreement and shall not be used for any other purpose at Case 2:14-cv-01855-GW-GJS Document 112-1 Filed 12/27/19 Page 20 of 80 Page ID #:5814 any time. Neither the Mortgage Escrow List, nor the information contained in it, shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, unless called for by the terms of this Settlement Agreement. The Mortgage Escrow List shall be subject to return or destruction pursuant to Section 6.4 of this Settlement Agreement. Subject to Court approval, the Parties agree that as soon as practicable, and no later than fifty (50) days after entry of the Preliminary Approval Order, the Calculation Advisor will provide the Preliminary Settlement Class Member List (defined above) to Bank of America and Settlement Class Counsel. Bank of America shall match the unique identification numbers on the Preliminary Settlement Class Member List with the name and contact information of the corresponding Settlement Class Members, to create the Settlement Class Member List. Subject to Court approval, the Parties agree that as soon as practicable, and no later than seventy (70) days after entry of the Preliminary Approval Order, Bank of America will provide the Settlement Class Member List (defined above) to the Settlement Administrator. The Settlement Class Member List and its contents shall be used by the Settlement Administrator solely have agreed that they will jointly recommend the Notice, substantially in the form attached as Exhibit B, to the Court for approval. After the purpose Court enters Preliminary Approval and within twenty-one (21) days of performing its obligations pursuant to this Settlement Agreement and shall not be used for any other purpose at any time. Neither receiving the Class List from the parties, the Settlement Class Member ListAdministrator will send the Notice via electronic mail and regular mail. Prior to mailing, nor the information contained in it, Settlement Administrator shall be reproduced, copied, stored, or distributed in any form, electronic or otherwise, and shall be subject utilize the U.S. Postal Office’s National Change of Address System. For up to return or destruction pursuant to Section 6.4 of this Settlement Agreement. No later than ninety sixty (9060) days after entry following the mailing of the Preliminary Approval Order Notice via U.S. Mail (the “Notice Date”if applicable), the Settlement Administrator shall disseminate will re-mail the Notice via standard U.S. Mail, postage prepaid, to those Settlement Class Members whose notices were returned as undeliverable to the extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by the U.S. Postal Service, the Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. A reminder email and postcard notice will be sent to all Settlement Class Members who have not yet submitted a Claim Form sixty (60) days following the initial electronic and regular mail notice. No later than forty-five (45) days before the Final Approval Hearing, the Settlement Administrator will file proof of the proposed mailing of the Notice with the Court. Neither the parties nor the Settlement by Administrator will have any further obligation to send notice of the following methods:settlement to the Settlement Class Members.