Common use of Final Order and Judgment Clause in Contracts

Final Order and Judgment. 13.1 The Parties shall jointly seek entry of Final Order and Judgment that is substantially in the form attached hereto as Exhibit 2. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 The Final Order and Judgment shall, among other things: a. Approve this Agreement and the proposed Settlement as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims; b. Find that the Notice implemented pursuant to this Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the ▇▇▇▇▇▇ State Action, their right to object to the Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby) with prejudice, without fees or costs to any party except as provided in this Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims; g. Without affecting the finality of the Final Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Agreement and the Final Order and Judgment, and for any other necessary purpose; and h. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoing.

Final Order and Judgment. 13.1 The Parties shall jointly seek entry of Final Order and Judgment that is substantially in By no later than fifteen (15) days following the form attached hereto as Exhibit 2. The dismissal ordersNotice Date, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 The Final Order and Judgment shall, among other things: a. Approve this Agreement and the proposed Settlement as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims; b. Find that the Notice implemented pursuant to this Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members Counsel shall file a motion for final approval of the pendency of the ▇▇▇▇▇▇ State ActionSettlement, their right to object to the Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby) with prejudice, without fees or costs to any party except as provided in this Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims; g. Without affecting the finality requesting entry of the Final Order and Judgment for purposes substantially in the form of appealExhibit K to this Settlement Agreement, retain which shall specifically include provisions: (a) stating that the Court has personal jurisdiction over all Settlement Class Members, has subject matter jurisdiction over the claims asserted in this Action, and that venue is proper; (b) finally approving the Settlement pursuant to Federal Rule of Civil Procedure 23, and directing the Parties and Settlement Administrator to implement the Settlement pursuant to its terms, including distributing Settlement Payments to Settlement Class Members and making such other disbursements from the Settlement Fund and Settlement Fund Account as provided by the Settlement Agreement; (c) finding that the Notice as distributed was the best notice practicable and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (d) finding that the Notice provided to government entities under CAFA complied with 28 U.S.C. § 1715; (e) finally certifying the Settlement Class pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3); (f) confirming that Plaintiffs and the Settlement Class Members have released all matters Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; (g) retaining jurisdiction relating to the administration, consummation, validity, enforcement, and interpretation of the Agreement and this Settlement Agreement, the Final Order and Judgment, and any separate Order regarding Settlement Class Counsel’s motion for attorneys’ fees, costs, and/or service awards, and for any other necessary purpose; and h. Find and (h) entering a judgment that pursuant dismisses this Action with prejudice, without costs to 735 ILCS 5/2-1301any Party, there is no just reason except as provided in this Settlement Agreement, and subject to the Court’s continuing jurisdiction over the Parties and the Settlement Fund for the delay purpose of entry enforcement of final judgment with respect to the foregoingterms of this Settlement Agreement.

Final Order and Judgment. 13.1 The Parties shall jointly seek entry of Final Order and Judgment that is substantially mutually agreeable to the Parties and is as described in the form attached hereto as Exhibit 2this Section 13. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 The Final Order and Judgment shall, among other things: a. Approve this the Settlement Agreement and the proposed Settlement as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this the Agreement according to its terms and provisions; and declare this the Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims; b. Find that the Notice implemented pursuant to this the Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the ▇▇▇▇▇▇ State Action, their right to object to the Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this the Agreement; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in this the Settlement Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990; e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims; g. Without affecting the finality of the Final Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Order and Judgment, and for any other necessary purpose; h. Incorporate any other provisions, as the Court deems necessary and just; and h. i. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoing.

Final Order and Judgment. 13.1 The Parties shall jointly seek entry This matter, having come to the Court for determination whether the Settlement Agreement executed on April 16, 2008 by Plaintiff, on behalf of the Class, and Defendants, should be approved as fair, reasonable and adequate, the Court having considered the submissions of the Parties, [the objections filed by certain Class Members] and the evidence and arguments at the Fairness Hearing, it is HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Capitalized terms used in this Final Order and Judgment that is substantially have the meaning ascribed to those terms in the form Settlement Agreement, which is attached hereto as Exhibit hereto. 2. The dismissal ordersThis Court has jurisdiction over the subject matter of this action, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice the Parties and waiver of any rights of appealthe Class. 13.2 3. This Court finds that the Class, as certified in this Court’s Preliminary Approval Order of , 2008 satisfies all requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(1)(A) and (b)(2). Specifically, this Court finds that the Class is so numerous that joinder of all members is impracticable, that there are common questions of law and fact, that the claims of Plaintiff are typical of the claims of the Class and that Plaintiff and Class Counsel have fairly and adequately protected the interests of the Class. This Court further finds that the prosecution of separate actions by the Class would create a risk of inconsistent or varying adjudication with respect to individual members of the Class which would establish incompatible standards of conduct for Defendants and that Defendants have acted or refused to act on grounds generally applicable to the Class, making final injunctive or declaratory relief with respect to the Class appropriate. 4. This Court reaffirms its order appointing Plaintiff as representative of the Class and appointing Class Counsel to that role. 5. The Final Order Notice was properly mailed, as established by the affidavit of [ ] dated , 2008. This Court finds that the Notice fairly and Judgment shalladequately informed the Class of the Settlement and their rights and was the best notice practicable, among other things: a. Approve this Agreement and fully complied with Federal Rule of Civil Procedure 23 and due process. The costs of Notice and the proposed expenses of settlement administration shall be paid by the Plan as an administrative expense. 6. The Settlement Agreement is approved as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims; b. Find that the Notice implemented pursuant to this Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the ▇▇▇▇▇▇ State Action, their right to object to the Settlement or exclude themselves from the Class, and the Parties are directed to appear at implement its terms. Upon the Effective Date, by virtue of this Final Approval Hearing; Order and (iii) is reasonable and constitutes dueJudgment, adequatethe Released Parties shall be released from the Released Claims, and sufficient notice to all persons entitled to receive notice; c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement; d. Dismiss the ▇▇▇shall be bound by a covenant not to ▇▇▇ State the Released Parties in connection with the Released Claims. Each member of the Class shall be entitled to (a) his or her Settlement Amount as calculated for the Class member and set forth on Schedule A hereto and, (b) where applicable, his or her Rule of 85 Guarantee or Rule of 85 Early Retirement Guarantee, calculated pursuant to the applicable early retirement factors, as set forth on Schedule B. 7. The Class is permanently enjoined from instituting, asserting or prosecuting, in any capacity, any action or proceeding arising out of or related to the Released Claims against any Released Party. 8. This Action (including all individual claims is dismissed with prejudice and Class claims presented thereby) with prejudicewithout costs, without fees or costs to any party except as provided in a separate order on Class Counsel’s Fee and Expense Application. 9. This Court is awarding, by separate order of this Agreementdate, fees and expenses to Class Counsel and an incentive award to Plaintiff, each of which shall be paid by the Plan as an administrative expense. 10. The Settlement Agreement is not, and require Plaintiffs shall not be construed to be, an admission of liability or wrongdoing by any Defendant, and Class Counsel to dismiss, with prejudice, this Court makes no such finding or determination. Neither the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as Settlement Agreement nor any of the Effective Dateproceedings in connection therewith shall be offered or received in evidence for any purpose, except that Defendants may submit this Final Order and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filingJudgment to support a claim of res judicata, commencingcollateral estoppel, prosecuting, intervening inrelease or any theory of claim or issue preclusion, or participating (as class members or otherwise) in, any lawsuit or other action they may submit this Final Order and Judgment in any jurisdiction based on action to enforce the Released Claims;injunctive provisions of paragraph 7. g. 11. Without affecting the finality of this Judgment, this Court retains jurisdiction over the Final Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummationinterpretation, enforcement, effectuation and interpretation enforcement of the Agreement and the Final Order and Judgment, and for any other necessary purpose; and h. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoingSettlement.

Final Order and Judgment. 13.1 The Parties (a) After the Settlement Agreement is approved preliminarily by the Court, Plaintiffs shall jointly seek entry move for Final Approval of the Settlement no later than 30 days prior to the Final Approval Hearing. Plaintiffs' motion shall attach a proposed Final Order and Judgment that is substantially in the form attached hereto as of Exhibit 2. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal1.D hereto. 13.2 The (b) For the Effective Date to occur, the Court must enter a Final Order and Judgment shall, among other thingsJudgment: a. Approve approving this Settlement Agreement and without modification (except insofar as the proposed Settlement Parties have agreed to such modification) as fair, reasonable and adequate as to, to the Settlement Class and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement its consummation according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claimsterms; b. Find finding that the Notice form and manner of notice implemented pursuant to this Agreement: (i) Settlement Agreement constitutes the best notice practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of Plaintiffs' claims, the ▇▇▇▇▇▇ State Actionterms of the proposed Settlement, their the right to object to the Settlement or exclude themselves from the Classproposed Settlement, and the right to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process and applicable rules of civil procedure; c. Find finding that all members of the Settlement Class Representatives (except those who have timely and Class Counsel adequately represent validly excluded themselves) shall be bound by this Settlement Agreement, including the Class for purposes of entering into release provisions and implementing this Agreementcovenant not to sue; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby) with prejudice, without fees or costs to any party except as provided in this Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of . directing that upon the Effective Date, judgment be entered dismissing the Action with prejudice; e. incorporating the release and covenant not to sue set forth in the Settlement Agreement, and forever discharge the barring any claims or liabilities related to any Released Parties from the Released Claims as set forth herein;Claims; and f. Permanently bar retaining continuing and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any exclusive jurisdiction based on the Released Claims; g. Without affecting the finality of the Final Order and Judgment for purposes of appeal, retain jurisdiction as to all over matters relating to the interpretation, administration, consummation, enforcementimplementation, and interpretation enforcement of the Agreement and the Final Order and Judgment, and for any other necessary purpose; and h. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoingthis Settlement Agreement.

Final Order and Judgment. 13.1 The Parties (a) After the Preliminary Approval, Plaintiffs shall jointly seek entry move for Final Approval of the Settlement no later than 30 days prior to the Final Approval Hearing. Plaintiffs’ motion shall attach a proposed Final Order and Judgment that is substantially in the form attached hereto as of Exhibit 2. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal1.D hereto. 13.2 The (b) For the Effective Date to occur, the Court must enter a Final Order and Judgment shall, among other thingsJudgment: a. Approve (1) approving this Settlement Agreement and without modification (except insofar as the proposed Settlement Parties have agreed to such modification) as fair, reasonable and adequate as to, to the Settlement Classes and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement its consummation according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claimsterms; b. Find (2) finding that the Notice form and manner of notice implemented pursuant to this Agreement: (i) Settlement Agreement constitutes the best notice practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members of the pendency of Plaintiffs’ claims, the ▇▇▇▇▇▇ State Actionterms of the proposed Settlement, their the right to object to the Settlement or proposed Settlement, the right to exclude themselves from the Classproposed Settlement, and the right to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; and meets the requirements of due process and applicable rules of civil procedure; c. Find (3) finding that all members of the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement;Settlement Classes (except those who have d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby4) with prejudice, without fees or costs to any party except as provided in this Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of directing that upon the Effective Date, judgment be entered dismissing the Action with prejudice; (5) incorporating the release and covenant not to sue set forth in the Settlement Agreement, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, barring any claims or participating (as class members or otherwise) in, liabilities related to any lawsuit or other action in any jurisdiction based on the Released Claims;; and g. Without affecting the finality of the Final Order (6) retaining continuing and Judgment for purposes of appeal, retain exclusive jurisdiction as to all over matters relating to the interpretation, administration, consummation, enforcementimplementation, and interpretation enforcement of the Agreement and the Final Order and Judgment, and for any other necessary purpose; and h. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoingthis Settlement Agreement.

Final Order and Judgment. 13.1 The If this Settlement Agreement (including, without limitation, any modification thereto made with the consent of the Parties as provided for herein) is approved by the Court following the Final Approval Hearing scheduled by the Court in its Preliminary Approval Order, the Parties shall jointly seek entry of request the Court to enter a Final Order And Judgment pursuant to the California Rules of Civil Procedure and Judgment that is substantially in the form attached hereto as Exhibit 2. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 The Final Order and Judgment shallall applicable laws that, among other things: a. Approve 1. Finds that the Court has personal jurisdiction over the Named Plaintiffs and Settlement Class Members and that the Court has subject matter jurisdiction to approve this Settlement Agreement (and all exhibits thereto) and the proposed Settlement described herein; 2. Certifies a Settlement Class solely for purposes of approving and implementing this Settlement Agreement; 3. Grants final approval to this Settlement Agreement as being fair, reasonable reasonable, and adequate as toto all Parties and consistent and in compliance with all requirements of due process and applicable law, as to and in the best interests ofof all Parties, the Class Members; direct and directs the Parties and their counsel to implement and consummate this Settlement Agreement according to in accordance with its terms and provisions; ; 4. Declares this Settlement Agreement and declare this Agreement the Final Order And Judgment to be binding on, on and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings encompassed by the Release, maintained by or on behalf of the Named Plaintiffs and the Releasing Parties with respect to the Released Claimsany or all Settlement Class Members, as well as their respective present, former and future administrators, agents, assigns, attorneys, executors, heirs, partners, predecessors-in-interest, and successors; b. Find 5. Finds that the Settlement Class Notice implemented pursuant to this Agreement: Program (ia) constitutes the best practicable notice under the circumstances; , (iib) constitutes notice that is reasonably calculated, under will fairly apprise Persons in the circumstances, to apprise Settlement Class Members of the pendency of the ▇▇▇▇▇▇ State Action, of their right to object to or Opt-Out of the proposed Settlement or exclude themselves from the ClassAgreement, and of their right (if they have not Opted-Out) to appear at the Final Approval Hearing; Hearing and of their right to seek monetary and other relief, (iiic) is reasonable and constitutes reasonable, due, adequate, and sufficient notice to all persons Persons entitled to receive notice, and (d) meets all requirements of due process and any other applicable law; c. Find 6. Approves the Claim Form that was made available to all Persons in the Class Representatives and Settlement Class, the content of which was without material alteration from Exhibit A to this Settlement Agreement; 7. Finds that Settlement Class Counsel and the Named Plaintiffs adequately represent represented the Settlement Class for purposes of entering into and implementing this the Settlement and Settlement Agreement; d. Dismiss 8. Dismisses the ▇▇▇▇▇▇ State Action (including all individual claims now pending before the Court on the merits and Class claims presented thereby) with prejudice, prejudice and without fees or costs to any party except as provided herein, in this Agreementaccordance with the terms of the Final Order And Judgment; 9. Adjudges that, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, the Named Plaintiffs and forever discharge the Settlement Class and the Settlement Class Members have conclusively compromised, settled, dismissed and released, any and all Released Claims against SRC and the Released Parties from the Released Claims as set forth hereinPersons; f. Permanently bar 10. Approves the Attorneys’ Fees and enjoin all Class Members who have not properly sought exclusion from Costs Award and the Class from filing, commencing, prosecuting, intervening in, or participating Service Award(s) (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claimsif any); g. 11. Without affecting the finality of the Final Order and And Judgment for purposes of appeal, retain reserves jurisdiction over the Settlement Administrator, SRC, the Named Plaintiffs, and the Settlement Class Members as to all matters relating to the administration, consummation, enforcement, enforcement and interpretation of the terms of the Settlement Agreement and the Final Order and Judgment, And Judgment and for any other necessary purposepurposes; 12. Provides that, as of the Effective Date, the Named Plaintiffs and all Settlement Class Members, whether or not they return a Claim Form within the time and in the manner provided for, shall be barred from asserting any Released Claims against SRC and/or any Released Persons, and all Settlement Class Members shall have released any and all Released Claims as against SRC and all Released Persons; 13. Determines that the Settlement Agreement and any proceedings taken pursuant thereto are not and should not in any event be offered or received as evidence of, a presumption, concession, or an admission of liability or of any misrepresentation or omission in any statement or written document approved or made by SRC or any Released Persons or of the suitability of these or similar (or any other) claims to class treatment in the Action and/or trial; andprovided, however, that reference may be made to this Settlement Agreement in proceedings solely as may be necessary to effectuate the Settlement; h. Find 14. Approves the Opt-Out List and determines that pursuant to 735 ILCS 5/2the Opt-1301Out List is a complete list of Opt-Outs and who, there is no just reason for accordingly, shall neither share in nor be bound by the delay of entry of final judgment with respect to the foregoingFinal Order And Judgment.

Final Order and Judgment. 13.1 The Parties shall jointly seek entry of Final Order and Judgment that is substantially in By no later than fifteen days following the form attached hereto as Exhibit 2. The dismissal ordersNotice Date, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 The Final Order and Judgment shall, among other things: a. Approve this Agreement and the proposed Settlement as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this Agreement according to its terms and provisions; and declare this Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs and the Releasing Parties with respect to the Released Claims; b. Find that the Notice implemented pursuant to this Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Settlement Class Members Counsel shall file a motion for final approval of the pendency of the ▇▇▇▇▇▇ State ActionSettlement, their right to object to the Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby) with prejudice, without fees or costs to any party except as provided in this Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims; g. Without affecting the finality requesting entry of the Final Order and Judgment for purposes substantially in the form of appealExhibit I to this Settlement Agreement, retain which shall specifically include provisions: (1) stating that the Court has personal jurisdiction over all Settlement Class Members, has subject matter jurisdiction over the claims asserted in this Action, and that venue is proper; (2) finally approving the Settlement pursuant to Federal Rule of Civil Procedure 23, and directing the Parties and Settlement Administrator to implement the Settlement pursuant to its terms, including distributing Settlement Payments to Settlement Class Members and making such other disbursements from the Settlement Fund and Settlement Fund Account as provided by the Settlement Agreement; (3) finding that the Notice as distributed was the best notice practicable and fully satisfied the requirements of due process and Federal Rule of Civil Procedure 23; (4) finding that the Notice provided to government entities under CAFA complied with 28 U.S.C. § 1715; (5) finally certifying the Settlement Class pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3); (6) confirming that Plaintiffs and the Settlement Class Members have released all matters Released Claims and are permanently barred and enjoined from asserting, commencing, prosecuting, or continuing any of the Released Claims against the Released Parties; (7) retaining jurisdiction relating to the administration, consummation, validity, enforcement, and interpretation of the Agreement and this Settlement Agreement, the Final Order and Judgment, the Stipulated Protective Order, and any separate Order regarding Settlement Class Counsel’s motion for attorneys’ fees, costs, and/or service awards, and for any other necessary purpose; and h. Find and (8) entering a judgment that pursuant dismisses all claims and defenses in this Action with prejudice, without costs to 735 ILCS 5/2-1301any Party, there is no just reason except as provided in this Settlement Agreement, and subject to the Court’s continuing jurisdiction over the Parties and the Settlement Fund for the delay purpose of entry enforcement of final judgment with respect to the foregoingterms of this Settlement Agreement.

Final Order and Judgment. 13.1 The Before the Fairness Hearing, the Parties shall jointly seek entry apply to the Court for approval of a Proposed Final Order and Judgment that is Judgment, substantially in similar to the form forms attached hereto as Exhibit 2Exhibits F and G, respectively. The dismissal ordersSubject to the Court’s approval, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 The the Final Order and Judgment shall, among other things: a. Approve this (a) finally approve the Settlement Agreement and the proposed Settlement as fair, reasonable and adequate as toreasonable, and in the best interests ofadequate, the Class Members; and direct the Parties to consummate the Settlement in accordance with this Settlement Agreement; (b) certify as a class, for purposes of this Settlement only, the Settlement Class under the provisions of Rule 23(a) and their counsel to implement and consummate this Agreement according to its terms and provisionsRule 23(b)(1)(B) of the Federal Rules of Civil Procedure; appoint the Representative Plaintiffs as class representatives; appoint Class Counsel; and declare this Agreement to be binding onappoint Settlement Communication Class Counsel; (c) find that the notice and the notice dissemination methodology complied with the Settlement Agreement, Federal Rule of Civil Procedure 23, and the Due Process Clause of the United States Constitution; (d) dismiss all claims against each Defendant with prejudice and without costs to any Party as against any other Party, and adjudge that Defendants and Released Defendant Parties who have res judicata been released pursuant to Section 7.3 are released from any and preclusive effect all liability as to the claims in Section 7.3, and that any and all pending and future lawsuits or other proceedings maintained such claims filed by or on behalf of Plaintiffs and the Releasing any Class Member(s) in any forum against Released Defendant Parties with respect are or shall be enjoined to the Released Claims; b. Find that the Notice implemented pursuant extent they assert claims agreed to be released under this Settlement Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, subject to apprise Class Members final and complete performance by Defendants of the pendency all terms and provisions of the ▇▇▇▇▇▇ State Action, their right to object to the this Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice; c. Find that the Class Representatives and Class Counsel adequately represent the Class for purposes of entering into and implementing this Agreement; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented therebye) with prejudice, without fees or costs to any party except as provided in this Agreement, and require adjudge that Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990 e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion been released pursuant to Section 7.5 are released from any and all liability as to the claims in Section 7.5, and that any and all such claims filed by or on behalf of any Releasing Defendant Party in any forum against Released Plaintiff Parties shall be dismissed with prejudice and without costs to any Party, subject to final and complete performance by Plaintiffs of all terms and provisions of this Settlement Agreement, except that nothing in this Agreement is intended to limit or impede Defendants’ ability to defend claims brought by the government for Closed School Discharge, Borrower Defense to Repayment funds, or similar programs; (f) permanently enjoin Class Members from filing, commencing, prosecuting, intervening incommencing or continuing any and all Released Claims which they had or have, against the Released Defendant Parties in any forum, including but not limited to the State Actions pending in State Court; (g) incorporate the releases set forth in the Settlement Agreement; (h) find that the amount of the Settlement Fund is fair, reasonable, and adequate under the circumstances with due recognition given to the risks of continued litigation against Defendants, as well as the insufficiency of their funds; (i) find that there is no evidence of collusion, fraud, or participating (as class members or otherwise) in, tortious conduct by any lawsuit or other action in any jurisdiction based on of the Released ClaimsParties; g. Without (j) find that the Settlement is entered into in good faith; (k) issue orders related to the relief provided for in the Settlement Agreement, including distribution of the Settlement Payments, payment of incentive awards, and payment of Settling Plaintiffs’ Counsel’s fees and costs award; (l) dismiss the claims in the Consolidated Actions with prejudice and direct that the judgment entered pursuant hereto be deemed final pursuant to Rule 54(b) of the Federal Rules of Civil Procedure; and (m) reserve the Court’s jurisdiction, without affecting the finality of the Final Order judgment entered, over: (a) implementation of the Settlement and Judgment for purposes distribution of appeal, retain jurisdiction as the Net Settlement Fund to all matters relating to administration, consummation, enforcementSettlement Class Members; (b) the Fee and Costs Petition; (c) the Consolidated Actions and the claims until the judgment contemplated herein has become effective, and interpretation each and every act agreed to be performed by Parties shall have been performed pursuant to this Settlement Agreement; (d) any attempts by any person to assert any claims barred under this Agreement; (e) all Parties for the purpose of the Agreement enforcing and the Final Order administering this Settlement Agreement; and Judgment, and for (f) any other necessary purpose; and h. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoing.

Final Order and Judgment. 13.1 14.1 The Parties shall jointly seek entry of Final Order and Judgment that is substantially mutually agreeable to the Parties and is as described in the form attached hereto as Exhibit 2this Section 14. The dismissal orders, motions or stipulation to implement this Section shall, among other things, provide for a dismissal with prejudice and waiver of any rights of appeal. 13.2 14.2 The Final Order and Judgment shall, among other things: a. Approve this the Settlement Agreement and the proposed Settlement as fair, reasonable and adequate as to, and in the best interests of, the Class Members; direct the Parties and their counsel to implement and consummate this the Agreement according to its terms and provisions; and declare this the Agreement to be binding on, and have res judicata and preclusive effect in all pending and future lawsuits or other proceedings maintained by or on behalf of Plaintiffs Plaintiff and the Releasing Parties with respect to the Released Claims; b. Find that the Notice implemented pursuant to this the Agreement: (i) constitutes the best practicable notice under the circumstances; (ii) constitutes notice that is reasonably calculated, under the circumstances, to apprise Class Members of the pendency of the ▇▇▇▇▇▇ State Action, their right to object to the Settlement or exclude themselves from the Class, and to appear at the Final Approval Hearing; and (iii) is reasonable and constitutes due, adequate, and sufficient notice to all persons entitled to receive notice;; FILED DATE: 1/13/2023 2:58 PM 2019CH10873 c. Find that the Class Representatives Representative and Class Counsel adequately represent the Class for purposes of entering into and implementing this the Agreement; d. Dismiss the ▇▇▇▇▇▇ State Action (including all individual claims and Class claims presented thereby) on the merits and with prejudice, without fees or costs to any party except as provided in this the Settlement Agreement, and require Plaintiffs and Class Counsel to dismiss, with prejudice, the remaining Google Photos BIPA Cases; FILED DATE: 4/14/2022 8:11 PM 2019CH00990; e. Incorporate the Releases set forth above, make the Releases effective as of the Effective Date, and forever discharge the Released Parties from the Released Claims as set forth herein; f. Permanently bar and enjoin all Class Members who have not properly sought exclusion from the Class from filing, commencing, prosecuting, intervening in, or participating (as class members or otherwise) in, any lawsuit or other action in any jurisdiction based on the Released Claims; g. Without affecting the finality of the Final Order and Judgment for purposes of appeal, retain jurisdiction as to all matters relating to administration, consummation, enforcement, and interpretation of the Settlement Agreement and the Final Order and Judgment, and for any other necessary purpose; h. Incorporate any other provisions, as the Court deems necessary and just; and h. i. Find that pursuant to 735 ILCS 5/2-1301, there is no just reason for the delay of entry of final judgment with respect to the foregoing.