SETTLEMENT AGREEMENTSettlement Agreement • February 25th, 2010 • Georgia
Contract Type FiledFebruary 25th, 2010 JurisdictionThis Settlement Agreement (“Agreement”) is entered into between Deborah Eaves, William O’Hara, David Tegart (“Representative Plaintiffs”), and the Class they represent (defined below) (collectively, “Plaintiffs” or “Class” or “Class Me mbers”), on the one hand, and EarthLink, Inc. (“EarthLink” or “Defendant”) on the other hand (collectively, the “Parties”), regarding the matters of Deborah Eaves, William O’Hara, and David Tegart v. EarthLink, Inc. , Civil Action No. 05-CV-97274, pending in the Superior Court of Fulton County, Georgia, and Deborah Eaves, William O’Hara, and David Tegart v. EarthLink, Inc. , Appeal No. A09A1740, pending in the Georgia Court of Appeals (collectively, the “Litigation”).