For the Plan of Allocation. 8.2.3.1. Class Counsel shall propose to the Court the Plan of Allocation attached as Exhibit 3. To the extent they were participants or beneficiaries of the Plan at any time during the Class Period, Defendants and their Immediate Family Members will be excluded from the Plan of Allocation. 8.2.3.2. The Settlement Administrator shall be solely responsible for implementing the Plan of Allocation, including calculating and distributing the Settlement Proceeds to Settlement Class members, and for the issuance of any tax notices arising from the payments made pursuant to the Plan of Allocation. Except for providing the data set forth in Section 2.1.4 to the extent available, Defendants and Released Parties shall have no responsibility for the allocation and distribution of the Settlement Fund and shall not be liable for any claims by, through, or under any member of the Settlement Class or any third party relating to the allocation or distribution of the Settlement Fund or Settlement Proceeds, including but not limited to any claims regarding the adequacy of payment or failure to make payment or that a member of the Settlement Class should have been allocated or distributed a different amount of the Settlement Fund than it actually received or than provided by the Settlement, including the Plan of Allocation.
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Sources: Class Action Settlement Agreement, Class Action Settlement Agreement