Common use of WHAT DOES THE SETTLEMENT PROVIDE Clause in Contracts

WHAT DOES THE SETTLEMENT PROVIDE. KeyMe has agreed to create a Settlement Fund of $1,590,255.00 for the Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will be entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 to a legal aid charity approved by the Court. FILED DATE: 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against KeyMe and its related entities, agents, and vendors (as defined as “Released Parties” in the Settlement Agreement), and relating to the KeyMe’s collection and use of fingerscans from September 5, 2013, to [Prelim Approval] in the state of Illinois. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available upon request and can be viewed at xxx.XxxXxXXXXXxxxxxxxxx.xxx. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

WHAT DOES THE SETTLEMENT PROVIDE. KeyMe has agreed to create a The Net Settlement Fund of $1,590,255.00 for the Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form Amount will be entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued allocated to Settlement Class Members will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 according to a legal aid charity Plan of Allocation to be approved by the Court. FILED DATE: 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself from this Settlement, you Allocations to Current Participants will be considered made into the existing Plan accounts of Settlement Class Members who are entitled to a member distribution under the Plan of Allocation. Settlement Class Members who are entitled to a distribution but who, as of May 31, 2013 or the date of the Settlement Classdistribution, which means you give up your right no longer have any Plan account or have reduced their Plan account balance(s) to file $0, or the beneficiaries or alternate payees of such persons, will receive their distribution as a check mailed to their last known address or as a rollover to a qualified retirement account. As part of the settlement, Cigna has agreed to certain changes and additions to its processes for obtaining investment products and services for the Plan. Specifically, during the settlement’s three-year compliance period, Cigna will continue to comply with recently implemented Department of Labor Regulations that will increase and enhance communication with Plan participants and beneficiaries about 401(k) investment options and associated fees. In addition, during that period, Cigna will continue its practice of not including retail-class mutual funds as core investment options in the Plan. Cigna will also undertake a lawsuit against KeyMe competitive bidding process for Plan recordkeeping and its related entitiesadministrative services and will retain an independent consultant to review the alternatives available in the market for servicing the Plan’s Fixed Income Fund. All Settlement Class Members, agentsanyone claiming through them, and vendors (as defined as the Plan itself will fully release the Defendants and their “Released Parties” from “Released Claims.” The released parties include Defendants and any related entities, and all of their past and current parent companies, predecessors, affiliates, subsidiaries, officers, directors, employees, attorneys, and agents. The Released Claims include all claims which were or could have been asserted in the Settlement Agreement)Class Action, and relating including all claims made in the Class Action or that relate to the KeyMe’s collection and use of fingerscans from September 5, 2013, to [Prelim Approval] allegations raised in the state of Illinois. Giving up your legal Class Action; all claims is called a release. The precise terms related to: (1) the selection, oversight, or performance of the release are in Plan’s investment options (excluding the Settlement Agreement, which is available upon request Cigna Stock Fund) and can be viewed at xxx.XxxXxXXXXXxxxxxxxxx.xxx. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.service providers;

WHAT DOES THE SETTLEMENT PROVIDE. KeyMe has agreed to create a A Qualified Settlement Fund of $1,590,255.00 for the Class Members. All 4.75 million will be divided among eligible Settlement Class Members members after payment of attorneys’ fees to Class Counsel, a Case Contribution Award to the Named Plaintiffs, payment of other costs and expenses of the Settlement, including notice and settlement administration, as the Court may allow, and any taxes. The Amended Settlement Stipulation, other related documents, and a list of frequently asked questions are entitled to submit a Claim Form in order available at the Settlement Website identified below, and further describe the details of the proposed Settlement. While there is nothing you must do to receive a payment out Settlement distribution, if any, pursuant to the Settlement, the amount to which you are entitled, if anything, cannot be determined until after the Court has finally approved the Settlement. At that time, the Plan’s records and a formula approved by the Court will be used to calculate each Settlement Class member’s distribution, if any, under the Settlement. Your share (if any) of the Net Settlement FundFund will depend upon the amount of IBM Stock Fund shares you acquired and sold in your Plan account(s) during the Class Period as shown by the Plan’s records and as described in the Plan of Allocation which the Court ultimately approves. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will be entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 to a legal aid charity approved by the Court. FILED DATE: 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself , all Settlement Class members and anyone claiming through them shall be deemed to fully release the “Defendants’ Releasees” from this Settlement“Plaintiffs’ Released Claims.” Defendants’ Releasees are broadly defined in the Amended Settlement Stipulation, you will be considered a member and include, among others, the Defendants and IBM, and any and all of the Settlement Class, which means you give up your right to file or continue a lawsuit against KeyMe and its their related entities, and any and all of their officers, directors, employees, attorneys, insurers, reinsurers, agents, successors, assigns, heirs, executors and vendors (as defined as “administrators. Plaintiffs’ Released Parties” Claims are also broadly defined, and include all claims which were or could have been asserted in the Action. This means that Settlement AgreementClass members will be enjoined from and will not have the right to xxx Defendants’ Releasees for anything related to the investment of Plan assets in the IBM Stock Fund or related matters during the Class Period. The above description of the proposed Settlement is only a summary. Complete terms, including the definitions of the “Defendants’ Releasees” and “Plaintiffs’ Released Claims” are set forth in the Amended Settlement Stipulation (including its exhibits), and relating to the KeyMe’s collection and use of fingerscans which may be obtained from September 5, 2013, to [Prelim Approval] in the state of Illinois. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement AgreementWebsite, which is available upon request and can be viewed at xxx.XxxXxXXXXXxxxxxxxxx.xxx. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Classwww.[dedicated settlement website].com, or you are welcome to talk to any other lawyer of your choosing at your own expenseby contacting Class Counsel listed on Page _ above.

WHAT DOES THE SETTLEMENT PROVIDE. KeyMe has agreed The Net Settlement Amount will be allocated to create a Settlement Fund of $1,590,255.00 for the Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will be entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 according to a legal aid charity Plan of Allocation to be approved by the Court. FILED DATEClass Members fall into two categories: 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself from this Settlement, you Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be considered made into their existing Plan accounts. . Former Participants who are entitled to a member distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. As discussed above, the Settlement Agreement also provides for non-monetary benefits to the Plans. Defendants have agreed, during the three-year Settlement Period: (1) to publicly file with the Court the annual Department of Labor filing that discloses fees paid by the Plans (known as Schedule C to Form 5500) as well as information about the assets held in, and performance of, the Stable Value Fund and the Company Stock Funds; (2) to confirm current limitations on the amount of cash equivalents held in the Company Stock Funds and the amount of money market equivalent assets held in the Stable Value Fund, and to file a notice with the Court if those limitations are changed; (3) to initiate a competitive bidding process for the Plans’ recordkeeping services for the Plans, and to publicly file with the Court a notice identifying the entities that submitted bids and the selected recordkeeper; and (4) to offer participants the share class of investments that has the lowest expense ratio, provided that the share class is available and consistent with the needs and obligations of the Plans. The terms of the Settlement Class, which means you give up your right to file or continue a lawsuit against KeyMe will be reviewed by an Independent Fiduciary. All Class Members and its related entities, agents, anyone claiming through them will fully release the Plans as well as Defendants and vendors (as defined as their “Released Parties” from “Released Claims.” The Released Parties include Defendants and any past, present, and future related entities, and all of their past, present, and future officers, directors, employees, attorneys, and agents. The Released Claims include all claims that were asserted or that could have been asserted in the Settlement Agreement)Class Action, including all claims made in the Class Action or that relate to the allegations raised in the Class Action; all claims related to the Plans’ investment options, fees, disclosures, and expenses, and conduct by the Plan Fiduciary; and all claims relating to the KeyMe’s collection implementation of the Settlement. This is only a summary of the Released Claims and use not a binding description of fingerscans from September 5the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xx000xxxxxxxxxxx.xxx. Generally, 2013the release means that Class Members will not have the right to xxx the Defendants, the Plans, or the Related Parties for conduct during the Class Period arising out of or relating to [Prelim Approval] the allegations in the state Class Action. This is only a summary of Illinois. Giving up your legal claims is called a releasethe Settlement. The precise terms of the release are in the entire Settlement Agreement, which Agreement is available upon request and can be viewed at xxx.XxxXxXXXXXxxxxxxxxx.xxx. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expensexxx.xx000xxxxxxxxxxx.xxx.

WHAT DOES THE SETTLEMENT PROVIDE. KeyMe has agreed The Net Settlement Amount will be allocated to create a Settlement Fund of $1,590,255.00 for the Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will be entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 according to a legal aid charity Plan of Allocation to be approved by the Court. FILED DATEClass Members fall into two categories: 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself from this Settlement, you Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be considered made into their existing Plan accounts, except that allocations associated with the 457(f) Plan and accounts in the Plans that are no longer Active Accounts as of September 30, 2015, will be distributed to Current Participants by check mailed to their last known address or, if available and they elect, as a member rollover to a qualified retirement account. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if available and they elect, as a rollover to a qualified retirement account. (1) ensure that Plans’ administrative service providers are not reimbursed for their services based on a percentage-of-plan-assets basis; (2) review all current investment options in the Plans and revise the investment options, as needed, ensuring that those options are selected or retained for the exclusive best interests of the Settlement ClassPlans’ participants; (3) the Independent Consultant reviewing the investment option selection process and providing recommendations, which means you give up your right to file if necessary; (4) the Independent Consultant conducting an annual review of Novant’s management of the Plans; (5) removing XX Xxxxx, Inc. and related entities from any involvement with the Plans; (6) removing XX Xxxxx and related entities from Novant employee benefit plans; (7) not enter into any new real estate or continue a lawsuit against KeyMe business relationships with XX Xxxxx and its related entities, agents, ; (8) not offer any Mass Mutual investments in the Plans or any other investment that provides compensation to XX Xxxxx and vendors related entities; (9) provide accurate communications to participants in the Plans; (10) not offer any brokerage services to the Plans; and (11) adopt a new investment policy statement to ensure that the Plans are operated for the exclusive best interests of the Plans’ participants. All Class Members and anyone claiming through them will fully release the Plans as defined well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include Defendants and any past, present, and future related entities, and all of their past, present, and future officers, directors, employees, attorneys, and agents. The Released Claims include all claims that were asserted in the Settlement Agreement)Class Action, as well as any claims that relate to: (1) the selection, oversight, retention, or performance of the Plans’ investment options and service providers, (2) fees, costs, or expenses charged to, paid, or reimbursed by the Plans, (3) disclosures or failures to disclose information regarding the Plans’ investment options or service providers, (4) disclosures or failures to disclose relationships among fiduciaries, service providers, and investment managers for the Plans, (5) engaging in self-dealing or prohibited transactions, and/or (6) collecting compensation based on a percentage of total assets. “Released Claims” specifically exclude (1) claims not related to those identified in the preceding paragraph; (2) claims of denial of benefits from the Plans; (2) labor or employment claims unrelated to the Plans; and, (3) claims arising from conduct outside the Class Period. This is only a summary of the Released Parties and Released Claims and is not a binding description of either. The governing releases are found within the Settlement Agreement at www.Novant 000xxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx the Plans, the Defendants or related parties for conduct during the Class Period arising out of or relating to the KeyMe’s collection and use of fingerscans from September 5, 2013, to [Prelim Approval] allegations in the state of Illinois. Giving up your legal claims is called a releaseClass Action. The precise terms of the release are in the entire Settlement Agreement, which Agreement is available upon request and can be viewed at xxx.XxxXxXXXXXxxxxxxxxx.xxx. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expensexxx.Xxxxxx000xxxxxxxxxxx.xxx.

WHAT DOES THE SETTLEMENT PROVIDE. KeyMe has agreed to create a The Net Settlement Fund of $1,590,255.00 for the Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form Amount will be entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued allocated to Settlement Class Members will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 according to a legal aid charity Plan of Allocation to be approved by the Court. FILED DATE: 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself from this Settlement, you Allocations to Current Participants will be considered made into the existing Plan accounts of Settlement Class Members who are entitled to a member distribution under the Plan of Allocation. Settlement Class Members who are entitled to a distribution but who, as of May 31, 2013 or the date of the Settlement Classdistribution, which means you give up your right no longer have any Plan account or have reduced their Plan account balance(s) to file $0, or the beneficiaries or alternate payees of such persons, will receive their distribution as a check mailed to their last known address or as a rollover to a qualified retirement account. As part of the settlement, Cigna has agreed to certain changes and additions to its processes for obtaining investment products and services for the Plan. Specifically, during the settlement’s two-year compliance period, Cigna will continue to comply with recently implemented Department of Labor Regulations that will increase and enhance communication with Plan participants and beneficiaries about 401(k) investment options and associated fees. In addition, during that period, Cigna will continue its practice of not including retail-class mutual funds as core investment options in the Plan. Cigna will also undertake a lawsuit against KeyMe competitive bidding process for Plan recordkeeping and its related entitiesadministrative services and will retain an independent consultant to review the alternatives available in the market for servicing the Plan’s Fixed Income Fund. All Settlement Class Members, agentsanyone claiming through them, and vendors (as defined as the Plan itself will fully release the Defendants and their “Released Parties” from “Released Claims.” The released parties include Defendants and any related entities, and all of their past and current parent companies, predecessors, affiliates, subsidiaries, officers, directors, employees, attorneys, and agents. The Released Claims include all claims which were or could have been asserted in the Settlement Agreement)Class Action, and relating including all claims made in the Class Action or that relate to the KeyMe’s collection and use of fingerscans from September 5, 2013, to [Prelim Approval] allegations raised in the state of Illinois. Giving up your legal Class Action; all claims is called a release. The precise terms related to: (1) the selection, oversight, or performance of the release are in Plan’s investment options (excluding the Settlement Agreement, which is available upon request Cigna Stock Fund) and can be viewed at xxx.XxxXxXXXXXxxxxxxxxx.xxx. Unless you formally exclude yourself from this Settlement, you will release your claims whether or not you submit a Claim Form and receive payment. If you have any questions, you can talk for free to the attorneys identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.service providers;