The Settlement Administrator. (a) The Settlement Administrator shall be selected by Class Counsel in consultation with the Defendant and Defendant’s Counsel. (b) The Settlement Administrator shall execute a retainer agreement that shall provide, among other things, that the Settlement Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Settlement Administrator by means of data security measures that meet the requirements of 12 C.F.R. § 748, and appendices thereto, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court. (c) The Settlement Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (d) The Settlement Administrator shall keep all information regarding Class Members and Defendant confidential except as otherwise provided herein. All data created and/or obtained and maintained by the Settlement Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendant’s Counsel, or either of them, at their own cost, shall receive a complete copy of the Settlement Administrator's records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the extent Class Counsel receives a copy of the class list, it shall be subject to the terms of the Southern District of Indiana’s Uniform Stiulated Protective Order and shall not be used for any purposes other than the implementation of this Agreement. (e) The Settlement Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund and the Escrow Account. While Defendant will issue 1099-Cs to certain Class Members in connection with the forgiveness of Uncollected Amounts, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (f) The Settlement Administrator shall provide the data in its administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other Part...

The Settlement Administrator. The Settlement Administrator shall have the authority to determine whether a Claim Form is valid, timely, and complete. To the extent the Settlement Administrator determines a claim is deficient for a reason other than late posting, within a reasonable amount of time, the Settlement Administrator shall notify the Claimant (with a copy to Class Counsel) of the deficiencies and notify the Claimant that he or she shall have thirty (30) days to cure the deficiencies and re-submit the claim. No notification is required for late- posted claims. The Settlement Administrator shall exercise reasonable discretion to determine whether the Claimant has cured the deficient claim. If the Claimant fails to cure the deficiency, the claim shall stand as denied, and the Class Member shall be so notified if practicable.

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The Settlement Administrator. Defendants shall engage KCC to serve as the Settlement Administrator. KCC shall be responsible for all matters relating to the administration of this Settlement, as set forth below. Those responsibilities include, but are not limited to: 5.1 administering the Settlement Class notice as set forth in Paragraph 8 below; 5.2 assisting in all matters pertaining to claim forms, such as helping class members in completing claim forms and payment of claims described below, as well as receiving the claim forms; 5.3 Settlement Class; 5.4 responding to class members’ inquiries, with the Parties having the right to review and approve any scripts or template correspondence to be used by KCC for such purposes; 5.5 determining whether a Settlement Class Member has submitted a valid and timely Claim Form, as Claimants shall have no right to appeal this determination; 5.6 determining which individual or entity is entitled to recovery in the event there are multiple claims for a single telephone number, as only one claimant may recover for a particular telephone number; 5.7 providing a list of accepted and rejected claims to counsel for the Parties at the request of any Party at any time during the administration process, including, upon request, providing copies of all claim forms and backup documentation and information to counsel for the Parties; 5.8 making all determinations regarding whether claims are approved within 30 days of the deadline for claims to be submitted to KCC; and 5.9 preparing and providing a declaration to Defendants’ counsel and Class Counsel that will (i) attest the compliance with the provisions of this Settlement Agreement related to Class Notice and the disbursement of and accounting pertaining to the Settlement Fund; (ii) listing each Settlement Class Member who timely and validly opted out of the Settlement; and performing any other tasks reasonably required to effectuate the Settlement. All fees and costs of KCC, including the costs associated with providing notice to the Settlement Class, shall be paid by Defendants out of the Settlement Fund as defined in Paragraph 7, below. If the Court declines to preliminarily or finally approve the Agreement or either Party exercises a rescission right pursuant to this Agreement, Defendants shall remain responsible for any costs of administration expended as of the date of termination as well as any additional costs, including those incurred in providing any termination notice, and if KCC determines that...

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The Settlement Administrator. The Settlement Administrator, in its sole discretion to be reasonably exercised, will determine whether: (1) the claimant is a Settlement Class Member; (2) the claimant has provided all information needed to complete the Claim Form, including any documentation that may be necessary to reasonably support the Out-of-Pocket-Losses; and (3) the information submitted could lead a reasonable person to conclude that it is more likely than not the claimant has suffered the claimed losses as a result of the Security Incident. To the extent the Settlement Administrator determines a claim is deficient for a reason other than late posting, within a reasonable amount of time, the Settlement Administrator shall notify the Claimant (with a copy to Class Counsel) of the deficiencies and notify the Claimant that he or she shall have thirty (30) days to cure the deficiencies and re-submit the claim. No notification is required for late- posted claims. The Settlement Administrator shall exercise reasonable discretion to determine whether the Claimant has cured the deficient claim. If the Claimant fails to cure the deficiency, the claim shall stand as denied, and both the Class Member and Class Counsel shall be so notified.

The Settlement Administrator and Class Counsel shall keep the Class List and all personal information obtained therefrom, including the identity, telephone numbers, email addresses, and U.S. mailing addresses of the Settlement Class Members strictly confidential. The Parties agree that the Class List may not be used for any purpose other than effectuating the terms of this Agreement or duties arising thereunder, including the provision of Class Notice.

The Settlement Administrator. (a) The Settlement Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. Class Counsel and Defendant may, by agreement, substitute a different organization 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 Defendant may move the Court to substitute a different organization as Settlement Administrator, upon a showing that the responsibilities of Settlement Administrator have not been adequately executed by the incumbent. (b) The Settlement Administrator shall execute a retainer agreement providing, among other things, that the Settlement Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Settlement Class Member data shall be strictly confidential and secured by the Settlement Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court. All data created and/or obtained and maintained by the Settlement Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court. (c) The Settlement Administrator shall maintain a database showing the mail and email addresses to which each Notice was sent and any Notices that were not delivered by mail and/or email. A summary report of the Notices shall be provided to the Parties at least five

The Settlement Administrator. (a) The Settlement Administrator shall execute a retainer agreement that shall provide, among other things, that the Settlement Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Settlement Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Settlement Administrator shall keep all information regarding Potential Settlement Class Members confidential, except as otherwise provided herein. All data created and/or obtained and maintained by the Settlement Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Effective Date. (d) The Settlement Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Except as provided herein, Settlement Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Settlement Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other Party when made. (f) Within one hundred ninety (190) days after the Effective Date or such other date as required by the Court, the Settlement Administrator shall prepare the Final Report, which, at a minimum, shall consist of a declaration setting forth the total payments issued to Settlement Class Members by the Settlement Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Settlement Administrator.

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