Common use of Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members Clause in Contracts

Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 Programmatic Relief For a period (the “Restricted Period”) beginning on the twelve-month anniversary of the order granting preliminary approval of the Settlement (the “PAO Date”) and ending on the three- year anniversary of the PAO Date, Defendant, as manufacturer of the Products, shall either: (1) remove the Challenged Language from the Labeling of the Products (referred to herein as “Option 1”); or (2) revise the Challenged Language to list a range of suggested strength servings based on the ratio of one tablespoon per serving at the lower end of the range to the ratio of eight tablespoons per ten servings at the upper end of the range (referred to herein as “Option 2”). For the avoidance of doubt, Defendant shall have the option to select Option 1 or Option 2 with respect to each individual variety or stock-keeping unit (“SKU”) of the Products, may elect Option 1 with respect to certain Products and Option 2 with respect to other Products, and may change the labeling of any given Product during the Restricted Period so long as the labeling complies with the requirements of either Option 1 or Option 2. If Option 1 is selected for any given Product, Defendant shall ensure that the Challenged Language is removed from the Labeling of that Product during the Restricted Period. If Option 2 is selected for any given Product, Defendant may state that each Product “Makes approximately [or about or up to] to [or –] suggested strength servings [or 6 fl oz. cups].” The lower end of the range shall be equivalent to the number of suggested strength servings based on a ratio of one tablespoon per serving, and the upper end of the range shall be equivalent to the number of suggested strength servings based upon a ratio of eight tablespoons per ten servings. Defendant will verify through testing results from a reputable third-party laboratory the number of suggested strength servings for the lower and upper ends of the ranges to be listed on each Product’s label. The Parties recognize that the number of coffee servings available in a container vary depending on density, grind, and other factors, and they agree that the number of servings in any given package will experience minor fluctuations consistent with the Maximum Allowable Variations for Packages Labeled by Weight, as determined by the National Institute of Standards & Technology of the United States Department of Commerce. For the avoidance of doubt, the Released Parties, including Defendant, (i) shall be permitted to sell existing Product inventory and Products manufactured prior to the commencement of the Restricted Period (the “Specified Inventory”) in the ordinary course of business and (ii) shall not be required to withdraw, destroy, or recall any Products included in the Specified Inventory in connection with the Programmatic Relief described herein. If, after Defendant has effectuated the label change contemplated under Option 1 or Option 2, Class Counsel or any Settlement Class Member believes that the Labeling of any Product does not comply with this section, they shall provide written notice to Defendant of the specific facts and circumstances of any alleged non-compliance and discuss in good faith with Defendant appropriate changes, if any, to the then-existing Labeling; to the extent agreed, Defendant will then have 120 days from the date of such agreement to bring its practices into compliance with this Section 5.1 and will not be deemed to be in breach of this Agreement if it does so within such 120-day period. If no agreement is reached, Class Counsel or any Class Member may apply to the Court to enforce the Agreement.

Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 Programmatic Relief For a Each of the Defendants that manufactures Products shall commence the process necessary to remove the Challenged Language from the Labeling of the Products beginning not later than the date of entry by the Court of the Preliminary Approval Order (the “PAO Date”). No Defendant shall manufacture any Products with Labeling containing the Challenged Language during the period (the “Restricted Period”) beginning on the twelvesix-month anniversary of the order granting preliminary approval of the Settlement (the “PAO Date”) Date and ending on the three- 3-year anniversary of the PAO Date, Defendant, as manufacturer of the Products, shall either: (1) remove the Challenged Language from the Labeling of the other than Products (referred to herein as “Option 1”); or (2) revise the Challenged Language to list a range of suggested strength servings based containing demonstrably accurate information on the ratio of one tablespoon per serving at the lower end of the range to the ratio of eight tablespoons per ten servings at the upper end of the range (referred to herein as “Option 2”). For the avoidance of doubt, Defendant shall have the option to select Option 1 or Option 2 Label with respect to each individual variety or stock-keeping unit which the applicable Defendant has provided notice to Class Counsel and Class Counsel has not objected within 15 days (“SKU”) of the Products, may elect Option 1 with respect to certain Products and Option 2 with respect to other Products, and may change the labeling of any given Product during the Restricted Period so long as the labeling complies with the requirements of either Option 1 or Option 2. If Option 1 is selected for any given Product, Defendant shall ensure that the Challenged Language is removed from the Labeling of that Product during the Restricted Period. If Option 2 is selected for any given Product, Defendant may state that each Product “Makes approximately [or about or up to] to [or –] suggested strength servings [or 6 fl oz. cups].” The lower end of the range shall be equivalent to the number of suggested strength servings based on a ratio of one tablespoon per serving, and the upper end of the range shall be equivalent to the number of suggested strength servings based upon a ratio of eight tablespoons per ten servings. Defendant will verify through testing results from a reputable third-party laboratory the number of suggested strength servings for the lower and upper ends of the ranges disagreement not resolved following good faith discussions to be listed on each Product’s label. The Parties recognize that the number of coffee servings available in a container vary depending on density, grind, and other factors, and they agree that the number of servings in any given package will experience minor fluctuations consistent with the Maximum Allowable Variations for Packages Labeled by Weight, as determined resolved by the National Institute of Standards & Technology of the United States Department of CommerceCourt). For the avoidance of doubt, the Released Parties, including Defendantthe Defendants, (i) shall be permitted to sell existing Product inventory and Products manufactured prior to the commencement of the Restricted Period (the “Specified Inventory”) in the ordinary course of business and (ii) shall not be required to withdraw, destroy, or recall any Products included in the Specified Inventory in connection with the Programmatic Relief described herein. If, after Defendant has Defendants have effectuated the label change contemplated under Option 1 or Option 2to remove the Challenged Language, Class Counsel or any Settlement Class Member believes that the Labeling of any Product does not comply with this section, they shall provide written notice to the applicable Defendant which manufactured such Product of the specific facts and circumstances of any alleged non-compliance and discuss in good faith with such Defendant appropriate changes, if any, to the then-existing Labeling; to the extent agreed, such Defendant will then have 120 90 days from the date of such agreement to bring its practices into compliance with this Section 5.1 and will not be deemed to be in breach of this Agreement if it does so within such 12090-day period. If no agreement is reached, Class Counsel or any Class Member may apply to the Court to enforce the Agreement. Each Defendant shall be severally, and not jointly, liable for Products manufactured or sold by it, and shall have no responsibility under this Agreement for the conduct or compliance of the other Defendants with respect to the Programmatic Relief. Nothing in this Section 5.1 or elsewhere in this Agreement is intended to modify the terms of the respective supplier agreements between Walmart Inc. and the Defendants.

Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 Programmatic Relief For a period (the “Restricted Period”) beginning on the twelvesix-month anniversary of the order granting preliminary approval date of entry by the Court of the Settlement Final Approval Order (the “PAO FAO Date”) and ending on the three- 3-year anniversary of the PAO FAO Date, Defendant, as manufacturer of the Products, Defendant shall either: (1) remove the Challenged Language from the Labeling of the Products (referred to herein as “Option 1”); or (2) revise the Challenged Language to list a range such that the representations regarding the number of suggested strength servings bottles of formula that each Product can deliver shall be based on the ratio number of one tablespoon per serving at bottles that can be made from the lower end powder contents of the range to Product when following the ratio instructions printed on the Product’s Labels for preparation of eight tablespoons per ten servings at the upper end of the range (referred to herein as “Option 2”)an individual bottle. For the avoidance of doubt, Defendant shall have the option to select Option 1 or Option 2 with respect to each individual variety or stock-keeping unit (“SKU”) of the Products, may elect Option 1 with respect to certain Products and Option 2 with respect to other Products, and may change the labeling Labeling of any given Product during the Restricted Period so long as the labeling Labeling complies with the requirements of either Option 1 or Option 2. If Option 1 is selected for any given Product, Defendant shall ensure that the Challenged Language is removed from the Labeling of that Product during the Restricted Period. If Option 2 is selected for any given Product, Defendant may state that each Product “Makes approximately [or about or up to] to [or –] suggested strength servings [or 6 fl oz. cups].” The lower end of the range shall be equivalent to the number of suggested strength servings based on a ratio of one tablespoon per serving, and the upper end of the range shall be equivalent to the number of suggested strength servings based upon a ratio of eight tablespoons per ten servings. Defendant will verify through testing results from a reputable third-party laboratory the number of suggested strength servings for the lower and upper ends of the ranges to be listed on each Product’s label. The Parties recognize that the number of coffee servings available in a container vary depending on density, grind, and other factors, and they agree that the number of servings in any given package will experience minor fluctuations consistent with the Maximum Allowable Variations for Packages Labeled by Weight, as determined by the National Institute of Standards & Technology of the United States Department of Commerce. For the avoidance of doubt, the Released Parties, including Defendant, (i) shall be permitted to sell existing Product inventory and Products manufactured prior to the commencement of the Restricted Period (the “Specified Inventory”) in the ordinary course of business and (ii) shall not be required to withdraw, destroy, or recall any Products included in the Specified Inventory in connection with the Programmatic Relief described herein. If, after Defendant has effectuated the label Label change contemplated under Option 1 or Option 2to remove the Challenged Language, Class Counsel or any Settlement Class Member believes that the Labeling of any Product does not comply with this section, they shall provide written notice to Defendant of the specific facts and circumstances of any alleged Electronically Filed - Xxxxxx - September 21, 2022 - 02:15 PM non-compliance and discuss in good faith with Defendant appropriate changes, if any, to the then-then- existing Labeling; to the extent agreed, Defendant will then have 120 days from the date of such agreement to bring its practices into compliance with this Section 5.1 and will not be deemed to be in breach of this Agreement if it does so within such 120-day period. If no agreement is reached, Class Counsel or any Class Member may apply to the Court to enforce the Agreement. Nothing in this Section 5.1 or elsewhere in this Agreement is intended to modify the terms of the respective supplier agreements.