Common use of How Do I Get More Information? Clause in Contracts

How Do I Get More Information?. If you have general questions regarding the Settlement, you can visit this website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, call 1-XXXXXXX, or write to the Settlement Administrator at Anthem 401(k) Settlement Administrator, . ▇▇▇▇ ▇▇▇▇ et al., v. ATH HOLDING COMPANY, LLC et al., Case No. 1:15-cv-02062-TWP-MPB ▇▇▇▇▇, District Judge: Pending before the Court is the Settling Parties’ joint motion for final approval of the settlement of this action (the “Class Action”) pursuant to the terms of the Class Action Settlement Agreement dated (the “Settlement Agreement”). On , this Court preliminarily approved the Settlement Agreement (Doc ). On , the Court held a fairness hearing, at which all interested persons were given the opportunity to be heard. The Court has read and considered all submissions made in connection with the Settlement Agreement, including statements made in open court at the fairness hearing. The Court hereby ORDERS and ADJUDGES as follows: 1. For purposes of this Final Order and Judgment, capitalized terms used herein have the Definitions in the Settlement Agreement, which is incorporated herein by reference. 2. In accordance with the Court’s Orders, and as determined by this Court previously, notice was timely distributed by first-class mail to all Class Members who could be identified with reasonable effort, and notice was published on the website maintained by Class Counsel. In addition, pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Settlement Class Member resides, the Attorney General of the United States, and the United States Secretary of Labor. 3. The form and methods of notifying the Settlement Class of the terms and conditions of the proposed Settlement Agreement met the requirements of Rule 23(c)(2) of the Federal Rules of Civil Procedure, any other applicable law, and due process, and constituted the best notice practicable under the circumstances. Due and sufficient notices of the fairness hearing and the rights of all Class Members have been provided to all people, powers and entities entitled to notice. 4. All requirements of the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., have been met. 5. Class Members had the opportunity to be heard on all issues regarding the resolution and release of their claims by submitting objections to the Settlement Agreement to the Court. 6. Each and every Objection to the Settlement and Settlement Agreement is overruled with prejudice. 7. The motion for final approval of the Settlement Agreement (Doc. ) is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plans and the Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. 8. All claims asserted at any point in the litigation are hereby dismissed with prejudice and without costs to any of the Settling Parties other than as provided for in the Settlement Agreement. 9. The Plans, the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns agents and attorneys) on their own behalves and on behalf of the Plan, hereby fully, finally, and forever settle, release, relinquish, waive and discharge Defendants, the Plan, and all Released Parties from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. However, nothing herein releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. 10. The Class Members and the Plan acting individually or together, or in combination with others, are hereby barred from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 11. Class Counsel, the Class Representatives, the Class Members, or the Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plan and the Released Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative, Class Member and the Plan has hereby fully, finally and forever settled, released, relinquished, waived and discharged any and all Released Claims, and each Class Representative, Class Member and the Plan has hereby acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 12. The Class Representatives, Class Members and the Plan hereby settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The Class Representatives, Class Members and the Plan with respect to the Released Claims also hereby waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 13. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members pursuant to the provisions of ERISA, and expressly retains that jurisdiction for purposes of enforcing this Final Order and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order or the Settlement Agreement, including by way of injunction, may be filed in this Court, and the provisions of the Settlement Agreement and/or this Final Order may also be asserted by way of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement Agreement. 14. Each Class Member shall hold harmless Defendants, Defense Counsel, the Released Parties, and the Plan for any claims, liabilities, attorneys’ fees and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses. 15. The Settlement Administrator shall have final authority to determine the share of the Net Settlement Amount to be allocated to each Current Participant and each Authorized Former Participant. 16. The Settlement Administrator has the sole and exclusive discretion to determine, with respect to payments or distributions to Authorized Former Participants, all questions not addressed in or resolved by the Settlement Agreement, including whether a Former Participant Claim Form should be accepted by the Settlement Administrator in the first instance.

How Do I Get More Information?. If you have general questions regarding the Settlement, you can visit this website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, call 1-XXXXXXXXXX-xxx-xxxx, or write to the Settlement Administrator at Anthem 401(kUniv. of Pennsylvania 403(b) Settlement Administrator, XXXXXXXX, XXXXXX XX XXXXX. ▇▇▇▇▇▇▇▇ ▇▇▇▇ et al▇▇, ET AL., v. ATH HOLDING COMPANYTHE UNIVERSITY OF PENNSYLVANIA, LLC et alET AL., Case No. 1:152:16-cv-02062cv-4329-TWP-MPB ▇▇▇▇▇, District Judge: Pending before the Court is the Settling Parties’ joint motion for final approval GEKP Upon consideration of the settlement Plaintiffs’ Unopposed Motion for Final Approval of this action (the “Class Action”) pursuant to Settlement of the above-referenced litigation under the terms of the a Class Action Settlement Agreement dated January 13, 2021, (the “Settlement Agreement”). On , this Court preliminarily approved the Settlement Agreement (Doc ). On , the Court held a fairness hearing, at which all interested persons were given the opportunity to be heard. The Court has read hereby orders and considered all submissions made in connection with the Settlement Agreement, including statements made in open court at the fairness hearing. The Court hereby ORDERS and ADJUDGES adjudges as follows: 1. For purposes of this Final Order and Judgment, capitalized terms used herein have the Definitions definitions set forth in the Settlement Agreement, which is incorporated herein by reference. 2. In accordance with the Court’s OrdersPreliminary Approval Order, and as determined by this Court previously, notice Settlement Notice was timely distributed by electronic or first-class mail to all Class Members who could be identified with reasonable effort, and notice Settlement Notice was published on the website Settlement Website maintained by Class Counsel. In addition, pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Settlement Class Member resides, the Attorney General of the United States, and the United States Secretary of Labor. 3. The form and methods of notifying the Settlement Class of the terms and conditions of the proposed Settlement Agreement met the requirements of Rule Fed. R. Civ. P. 23(c)(2) of the Federal Rules of Civil Procedure), any other applicable law, and due process, and constituted the best notice practicable under the circumstances. Due ; and due and sufficient notices of the fairness hearing Fairness Hearing and the rights of all Class Members have been provided to all people, powers and entities entitled to noticethereto. 4. All requirements of the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., have been met. 5. Class Members had the opportunity to be heard on all issues regarding the resolution and release of their claims by submitting objections to the Settlement Agreement to the Court. 6. Each and every Objection objection to the Settlement and Settlement Agreement is overruled with prejudice. 7. The motion Motion for final approval Final Approval of the Settlement Agreement (Doc. ) is hereby GRANTED, the Settlement of the Class Action Litigation is APPROVED as fair, reasonable reasonable, and adequate to the Plans and the Settlement Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. 8. All The operative complaint and all claims asserted at any point therein in the litigation Litigation are hereby dismissed with prejudice and without costs to any of the Settling Parties and Released Parties other than as provided for in the Settlement Agreement. 9. The Plans, the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, predecessors, successors, assigns agents assigns, agents, and attorneys) on their own behalves and on behalf of the Plan, hereby fully, finally, and forever settle, release, relinquish, waive waive, and discharge Defendants, the Plan, and all Released Parties (including Defendants) from the Released Claims, regardless of, e.g., of whether or not such Class Members have Member receives a monetary benefit from the Settlement, executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members Member have been approved or allowed. However, nothing herein releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. 10. The Class Members Representatives, the Class Members, and the Plan Plans acting individually or together, or in combination with others, are hereby barred from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration arbitration, or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 11. Class Counsel, the Class Representatives, the Class Members, or the Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plan and the Released Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative, Class Member and the Plan has hereby fully, finally and forever settled, released, relinquished, waived and discharged any and all Released Claims, and each Class Representative, Class Member and the Plan has hereby acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 12. The Class Representatives, Class Members and the Plan hereby settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The Class Representatives, Class Members and the Plan with respect to the Released Claims also hereby waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 13. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members pursuant to the provisions of ERISA, and expressly retains that jurisdiction for purposes of enforcing this Final Order and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order or the Settlement Agreement, including by way of injunction, may be filed in this Court, and the provisions of the Settlement Agreement and/or this Final Order may also be asserted by way of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement Agreement. 14. Each Class Member shall hold harmless Defendants, Defense Counsel, the Released Parties, and the Plan for any claims, liabilities, attorneys’ fees and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses. 15. The Settlement Administrator shall have final authority to determine the share of the Net Settlement Amount to be allocated to each Current Participant and each Authorized Former Participant. 16. The Settlement Administrator has the sole and exclusive discretion to determine, with respect to payments or distributions to Authorized Former Participants, all questions not addressed in or resolved by the Settlement Agreement, including whether a Former Participant Claim Form should be accepted by the Settlement Administrator in the first instance.

How Do I Get More Information?. This Notice is only a summary of some of the terms of the Settlement. If you have general questions regarding there is a conflict between this Notice and the Settlement, the Settlement applies. For more information about your legal rights under the Settlement, you can visit this may also consult Class Counsel at no charge by calling In addition, more information about the options Settlement Class Members may have, is available at [insert settlement website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, call 1-XXXXXXX], or write to by calling the Settlement Administrator at Anthem 401(k[insert telephone #]. Court File No. CV-16-550271-00CP B E T W E E N : Plaintiff 1. Capitalized terms used but not defined herein shall have the meaning given to them in the Settlement Agreement. 2. Members of the Settlement Class (“Settlement Class Members”) shall be notified by the Settlement Administrator, JND Legal Administration, that a settlement has been proposed in this proceeding, as follows: (a) by sending the Short Form Notice (attached at Schedule “A”), within 30 days of entry of the Notice Approval and Discontinuance Order: (i) by e-mail to the last known e-mail address of Settlement Class Members for whom the Defendants have a valid e-mail address, or who have contacted Class Counsel and provided an e-mail address; or (ii) by regular mail to the last known mailing address of Settlement Class Members for whom the Defendants only have a valid mailing address, or who have contacted Class Counsel and provided only a mailing address as their contact information; (b) by making available the Short Form Notice, or a summary thereof, orally by recorded message at a toll-free hotline; and (c) by posting the Long Form Notice and Short Form Notice on the Settlement Website ([insert URL]), within 30 days of the entry of the Notice Approval and Discontinuance Order. 3. The Defendants shall provide the e-mail addresses and mailing addresses referred to in paragraph 2 above to the Settlement Administrator. 4. Class Counsel shall make the Short Form Notice and the Long Form Notice available on Class Counsel’s website, together with a link to the Settlement Website. 5. After the Field Measures are made available, the Settlement Administrator shall send the applicable Field Measure Disclosure and Supplemental Notice to affected current owners and lessees of Subject Vehicles. The Field Measure Disclosure and Supplemental Notice shall be sent in the manner set out at paragraph 2(a)(i) and (ii) above and to all Settlement Class Members who contact the Settlement Administrator and provide their e-mail address or mailing address. 6. If the Court approves the Settlement Agreement, the Settlement Administrator shall send reminder notice postcards and reminder notice e-mails to all identified Settlement Class Members that have not submitted a claim, or have not unsubscribed from the e-mail campaign. The content of the reminder notices will be materially the same as the e-mail notice, but the subject line will remind Settlement Class Members that they have not yet filed a claim and need to do so in order to receive a payment pursuant to the Settlement Agreement and the language will be adjusted to remove any deadlines that have passed. The reminder notices will direct Settlement Class Members to the Settlement Website and will remind current owners and lessees of Eligible Vehicles to install the Field Measure if it is available for their vehicle. 7. The reasonable and necessary costs of the notice in paragraphs 2, 5 and 6, and the fees and costs of the Settlement Administrator shall be paid by the Defendants. SHORT FORM NOTICE A NATIONWIDE SETTLEMENT HAS BEEN REACHED IN CANADA AFFECTING OWNERS AND LESSEES OF MERCEDES-BENZ BLUETEC II DIESEL VEHICLES: IF YOU OWNED OR LEASED ONE OF THESE VEHICLES ON OR BEFORE [SETTLEMENT FILING DATE] OR IF YOU CURRENTLY OWN OR LEASE ONE OF THESE VEHICLES, PLEASE REVIEW THIS NOTICE CAREFULLY FOR MORE INFORMATION, VISIT Insert Website] / CALL [Insert Telephone #] YOU MAY ALSO CONTACT LAWYERS FOR AFFECTED VEHICLE OWNERS AND LESSEES AT THIS PHONE NUMBER: [Insert Telephone #] A nationwide Settlement in Canada has been reached by Daimler AG (“Daimler”), Mercedes-Benz Canada Inc. (“MBC”), Mercedes-Benz USA, LLC (“MBUSA”), and Mercedes-Benz Financial Services Canada Corporation (“MBFSC”) (collectively, “Mercedes-Benz”), and ▇▇▇▇▇▇ ▇▇▇▇▇ et al., v. ATH HOLDING COMPANY, LLC et al., Case No. 1:15-cv-02062-TWP-MPB ▇▇▇▇▇, District Judge: Pending before the Court is the Settling Parties’ joint motion for final approval of the settlement of this action (the “Class Action”) pursuant to the terms of the Class Action Settlement Agreement dated (the “Settlement Agreement”). On , this Court preliminarily approved the Settlement Agreement (Doc ). On , the Court held a fairness hearing, at which all interested persons were given the opportunity to be heard. The Court has read and considered all submissions made in connection with the Settlement Agreement, including statements made in open court at the fairness hearing. The Court hereby ORDERS and ADJUDGES as follows: 1. For purposes of this Final Order and Judgment, capitalized terms used herein have the Definitions in the Settlement Agreement, which is incorporated herein by reference. 2. In accordance with the Court’s Orders, and as determined by this Court previously, notice was timely distributed by first-class mail to all Class Members who could be identified with reasonable effort, and notice was published on the website maintained by Class Counsel. In addition, pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Settlement Class Member resides, the Attorney General of the United States, and the United States Secretary of Labor. 3. The form and methods of notifying the Settlement Class of the terms and conditions of the proposed Settlement Agreement met the requirements of Rule 23(c)(2) of the Federal Rules of Civil Procedure, any other applicable law, and due process, and constituted the best notice practicable under the circumstances. Due and sufficient notices of the fairness hearing and the rights of all Class Members have been provided to all people, powers and entities entitled to notice. 4. All requirements of the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., have been met. 5. Class Members had the opportunity to be heard on all issues regarding the resolution and release of their claims by submitting objections to the Settlement Agreement to the Court. 6. Each and every Objection to the Settlement and Settlement Agreement is overruled with prejudice. 7. The motion for final approval of the Settlement Agreement (Doc. ) is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plans and the Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. 8. All claims asserted at any point in the litigation are hereby dismissed with prejudice and without costs to any of the Settling Parties other than as provided for in the Settlement Agreement. 9. The Plans, the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns agents and attorneys) on their own behalves and on behalf of the Plan, hereby fully, finally, and forever settle, release, relinquish, waive and discharge Defendants, Settlement Class (the Plan, and all Released Parties from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. However, nothing herein releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. 10“Settlement”). The Settlement must be approved by the Ontario Superior Court of Justice (the “Court”) to become effective. If approved, Mercedes-Benz has agreed to offer the following to Settlement Class Members Members: Settlement Class Member Payments ─and─ Installation of Field Measure with Extended Modification Warranty Your rights and options—and the Plan acting individually deadlines to exercise them—are explained in this Notice. Additional information is available at [Insert Website] and by calling the [Settlement Administrator] at [Insert Telephone #] PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS UNDER THE SETTLEMENT ARE AFFECTED EVEN IF YOU DO NOTHING. If you currently own or togetherlease a model year 2009-2016 Mercedes-Benz BlueTEC II diesel vehicle (see the table below showing the “Eligible Vehicles”1) in Canada, or in combination with others, are hereby barred from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 11. Class Counsel, the Class Representatives, the Class Members, or the Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plan and the Released Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative, Class Member and the Plan has hereby fully, finally and forever settled, released, relinquished, waived and discharged any and all Released Claims, and each Class Representative, Class Member and the Plan has hereby acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 12. The Class Representatives, Class Members and the Plan hereby settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The Class Representatives, Class Members and the Plan with respect to the Released Claims also hereby waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 13. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members pursuant to the provisions of ERISA, and expressly retains that jurisdiction for purposes of enforcing this Final Order and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order or the Settlement Agreement, including by way of injunction, you may be filed eligible for a cash payment of $2,925 ($2,632 after the CPF levy) if you get a Field Measure installed in this Court, and your vehicle (free of charge to you); or $2,090 ($1,881 after the provisions of CPF levy) (once the Settlement Agreement and/or this Final Order Field Measure is installed) if a former owner or lessee submits a Valid Claim for the same vehicle. You may also be asserted by way eligible for additional payments, depending on the vehicle you own or lease. Former owners and lessees of Eligible Vehicles in Canada may be entitled to up to $835 ($751 after the CPF levy). Please visit [insert URL] for more details. Current owners and lessees must have a Field Measure installed to receive the cash payments. Installation is available free of charge to you and you will receive an affirmative defense or counterclaim in response to any action that is asserted to violate Extended Modification Warranty after the installation. You can check Field Measure availability at the Settlement AgreementWebsite, [insert URL], where you can type in your VIN or review a list of all Eligible Vehicle models that are ready for the Field Measure installation. 14. Each Class Member shall hold harmless Defendants, Defense Counsel, the Released Parties, and the Plan for any claims, liabilities, attorneys’ fees and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses. 15. The Settlement Administrator shall have final authority to determine the share of the Net Settlement Amount to be allocated to each Current Participant and each Authorized Former Participant. 16. The Settlement Administrator has the sole and exclusive discretion to determine, with respect to payments or distributions to Authorized Former Participants, all questions not addressed in or resolved by the Settlement Agreement, including whether a Former Participant Claim Form should be accepted by the Settlement Administrator in the first instance.

How Do I Get More Information?. If you have general questions regarding the Settlement, you can visit this website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, call 1-XXXXXXX, or write to the Settlement Administrator at Anthem BB&T 401(k) Settlement Administrator, . ▇▇▇▇ ▇▇▇▇ et al., v. ATH HOLDING COMPANY, LLC et al., Case No. 1:15-cv-02062-TWP-MPB ▇▇▇▇▇, et al., vs. BB&T CORPORATION, et al., No. 1:15-cv-732-CCE-JEP EAGLES, U.S. District Court Judge: Pending before Wherefore, this day of , 2019, upon consideration of the Court is the Settling PartiesPlaintiffs’ joint motion for final approval of the settlement of this action (the “Class Action”) pursuant to the terms of the a Class Action Settlement Agreement dated , (the “Settlement Agreement”). On , this Court preliminarily approved the Settlement Agreement (Doc ). On , the Court held a fairness hearing, at which all interested persons were given the opportunity to be heard. The Court has read hereby orders and considered all submissions made in connection with the Settlement Agreement, including statements made in open court at the fairness hearing. The Court hereby ORDERS and ADJUDGES adjudges as follows: 1. For purposes of this Final Order and Judgment, capitalized terms used herein have the Definitions in the Settlement Agreement, which is incorporated herein by reference. 2. In accordance with the Court’s Orders, and as determined by this Court previously, notice was timely distributed by first-class mail to all members of the Settlement Class Members who could be identified with reasonable effort, and notice was published on the website maintained by Class Counsel. In addition, pursuant to the Class Action Fairness Act, 28 29 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Settlement Class Member resides, the Attorney General of the United States, and the United States Secretary of Labor. 3. The form and methods of notifying the Settlement Class of the terms and conditions of the proposed Settlement Agreement met the requirements of Rule Fed. R. Civ. P. 23(c)(2) of the Federal Rules of Civil Procedure), any other applicable law, and due process, and constituted the best notice practicable under the circumstances. Due ; and due and sufficient notices of the fairness hearing and the rights of all Settlement Class Members have been provided to all people, powers and entities entitled to noticethereto. 4. All requirements of the Class Action Fairness Act, 28 29 U.S.C. § 1711, et seq., have been met. 5. Members of the Settlement Class Members had the opportunity to be heard on all issues regarding the resolution and release of their claims by submitting objections to the Settlement Agreement to the Court. 6. Each and every Objection to the Settlement and Settlement Agreement settlement is overruled with prejudice. 7. The motion for final approval of the Settlement Agreement (Doc. ) is hereby GRANTED, the Settlement settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plans Plan and the Settlement Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. 8. All claims asserted at any point in the litigation are hereby dismissed with prejudice and without costs to any of the Settling Parties other than as provided for in the this Settlement Agreement. 9. The PlansPlan, the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns agents and attorneys) on their own behalves and on behalf of the Plan, hereby fully, finally, and forever settle, release, relinquish, waive and discharge the BB&T Defendants, the Plan, and all Released Parties from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. However, nothing herein releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. 10. The Class Members and the Plan acting individually or together, or in combination with others, are hereby barred from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 11. Class Counsel, the Class Representatives, the Class Members, or the Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the BB&T Defendants, the Plan and the Released Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative, Class Member and the Plan has hereby fully, finally and forever settled, released, relinquished, waived and discharged any and all Released Claims, and each Class Representative, Class Member and the Plan has hereby acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 12. The Class Representatives, Class Members and the Plan hereby settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The Class Representatives, Class Members and the Plan with respect to the Released Claims also hereby waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 13. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members herein pursuant to the provisions of ERISA, and expressly retains that jurisdiction for purposes of enforcing this Final Order and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order or the Settlement Agreement, including by way of injunction, may be filed in this Court, and the provisions of the Settlement Agreement and/or this Final Order may also be asserted by way of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement Agreement. 14. Each member of the Class Member shall hold harmless the BB&T Defendants, Defense Counsel, the Released Parties, and the Plan for any claims, liabilities, attorneys’ fees and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses. 15. The Settlement Administrator shall have final authority to determine the share of the Net Settlement Amount to be allocated to each Current Participant and each Authorized Former Participant. 16. The Settlement Administrator has the sole and exclusive discretion to determine, with With respect to payments or distributions to Authorized Former Participants, all questions not addressed in or resolved by the Settlement Agreement, including whether a Former Participant Claim Form should Agreement shall be accepted resolved by the Settlement Administrator in the first instanceits sole and exclusive discretion.

How Do I Get More Information?. If you have general questions regarding the Settlement, you can visit this website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇[WEBSITE], call 1-1- XXXXXXX, or write to the Settlement Administrator at Anthem Philips North America 401(k) Settlement Administrator, . ▇▇▇▇ ▇▇▇▇ ▇▇▇, et al., v. ATH HOLDING COMPANYPHILIPS NORTH AMERICA LLC, LLC et al.▇▇▇. ▇▇▇▇▇ ▇. Rosenstengel, Case No. 1:15-cv-02062-TWP-MPB U.S. District Court Judge: Upon consideration of Plaintiffs’ Unopposed Motion for Certification of Settlement Class and Motion for Appointment of ▇▇▇▇▇▇▇▇▇▇, District Judge▇▇▇▇▇▇ & ▇▇▇▇▇▇, LLP as Class Counsel, it is hereby ordered as follows: Pending before Solely for the Court is the Settling Parties’ joint motion for final approval purposes of the proposed settlement of in this action (the “Class Action”) pursuant to the terms of the Class Action Settlement Agreement dated (the “Settlement Agreement”). On , this Court preliminarily approved the Settlement Agreement (Doc ). On matter, the Court held a fairness hearing, at which all interested persons were given the opportunity to be heard. The Court has read and considered all submissions made in connection with the Settlement Agreement, including statements made in open court at the fairness hearing. The Court hereby ORDERS and ADJUDGES as follows: 1. For purposes of this Final Order and Judgment, capitalized terms used herein have the Definitions in the Settlement Agreement, which is incorporated herein by reference. 2. In accordance with the Court’s Orders, and as determined by this Court previously, notice was timely distributed by first-class mail to all Class Members who could be identified with reasonable effort, and notice was published on the website maintained by Class Counsel. In addition, pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Settlement Class Member resides, the Attorney General of the United States, and the United States Secretary of Labor. 3. The form and methods of notifying the Settlement Class of the terms and conditions of the proposed Settlement Agreement met preliminarily finds that the requirements of Rule 23(c)(2) of the Federal Rules of Civil Procedure, the United States Constitution, the Rules of the Court and any other applicable law, and due process, and constituted law have been met as to the best notice practicable under the circumstances. Due and sufficient notices certification of the fairness hearing and the rights of all Class Members have been provided to all people“Settlement Class”, powers and entities entitled to notice. 4. All requirements of the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., have been met. 5. Class Members had the opportunity to be heard on all issues regarding the resolution and release of their claims by submitting objections to defined under the Settlement Agreement as follows: All persons who participated in the Plan at any time during the Class Period, including any Beneficiary of a deceased person who participated in the Plan at any time during the Class Period, and/or Alternate Payee, in the case of a person subject to a Qualified Domestic Relations Order who participated in the Plan at any time during the Class Period. The Class Period is defined as December 4, 2009 through the date of the order and final judgment approving the Settlement Agreement. in that: A. All findings are based on the submissions to the Court. 6. Each and every Objection to the Settlement and Settlement Agreement is overruled with prejudice. 7. The motion for final approval of the Settlement Agreement (Doc. ) is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plans and the Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of including the Settlement Agreement. 8. All claims asserted at These findings are not based upon any point admissions, representations, assertions, or arguments by the Defendant that a class can, should, or would be certified in the litigation are hereby dismissed with prejudice Action. These findings and without costs to any of the Settling Parties other than as provided for resulting preliminary certification order shall be vacated nunc pro tunc in the Settlement Agreement. 9. The Plans, the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns agents and attorneys) on their own behalves and on behalf of the Plan, hereby fully, finally, and forever settle, release, relinquish, waive and discharge Defendants, the Plan, and all Released Parties from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to event the Settlement does not become final or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. However, nothing herein releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. 10. The Class Members and the Plan acting individually or together, or in combination with others, are hereby barred from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement is terminated in accordance with the procedures set forth in Settlement Agreement, with both parties preserving their rights to argue for or against class certification as though the Unopposed Motion and this Order were never filed. B. The Court preliminarily finds that, as required by Rule 23(a)(1), the Settlement Agreement. 11. Class Counsel, the Class Representatives, the Class Members, or the Plan may hereafter discover facts in addition to or different is ascertainable from those that they know or believe to be true records kept with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plan and the Released Parties or the decision to release, relinquish, waivefrom other objective criteria, and discharge the Released Claims, or might have affected the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative, Class Member and the Plan has hereby fully, finally and forever settled, released, relinquished, waived and discharged any and all Released Claims, and each Class Representative, Class Member and the Plan has hereby acknowledged that the foregoing waiver was bargained for separately and is a key element members of the Settlement embodied in Class are so numerous that their joinder before the Court would be impracticable. C. The Court preliminarily finds that, as required by Rule 23(a)(2), there are one or more questions of fact and/or law common to the Settlement Agreement of which this release is a partClass. 12. D. The Class RepresentativesCourt preliminarily finds that, Class Members and as required by Rule 23(a)(3), the Plan hereby settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 claims of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The Class Representatives, Class Members and the Plan with respect to the Released Claims also hereby waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 Named Plaintiffs are typical of the California Civil Code. 13. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members pursuant to the provisions of ERISA, and expressly retains that jurisdiction for purposes of enforcing this Final Order and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order or the Settlement Agreement, including by way of injunction, may be filed in this Court, and the provisions of the Settlement Agreement and/or this Final Order may also be asserted Class. E. The Court preliminarily finds, as required by way Rule 23(a)(4), that the Named Plaintiffs will fairly and adequately protect the interests of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement AgreementClass in that: (i) the interests of Named Plaintiffs and the nature of their alleged claims are consistent with those of the members of the Settlement Class; (ii) there appear to be no conflicts between or among the Named Plaintiffs and members of the Settlement Class; and (iii) the Named Plaintiffs and the members of the Settlement Class are represented by qualified, reputable counsel in ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇, LLP (“Class Counsel”), who are experienced in preparing and prosecuting large, complicated ERISA class actions. 14. Each Class Member shall hold harmless DefendantsF. The Court preliminarily finds that, Defense Counselas required by Rule 23(b)(1), the Released Parties, and the Plan for any claims, liabilities, attorneys’ fees and expenses arising from the allocation prosecution of separate actions by individual members of the Gross Settlement Amount Class would create a risk of inconsistent or Net Settlement Amount and varying adjudications as to individual class members that would establish incompatible standards of conduct for all tax liability and associated penalties and interest Defendant, or adjudications as well to individual class members would, as related attorneys’ fees and expenses. 15. The Settlement Administrator shall have final authority to determine the share a practical matter, be dispositive of the Net Settlement Amount interests of the other members not parties to be allocated the adjudications, or substantially impair of impede those persons’ ability to each Current Participant and each Authorized Former Participantprotect their interests. 16. The Settlement Administrator has the sole and exclusive discretion to determine, with respect to payments or distributions to Authorized Former Participants, all questions not addressed in or resolved by the Settlement Agreement, including whether a Former Participant Claim Form should be accepted by the Settlement Administrator in the first instance.

How Do I Get More Information?. If you have general questions regarding the Settlement, you can visit this website: ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, call 1-XXXXXXX1- , or write to the Settlement Administrator at Anthem 401(kThe Portico 403(b) Settlement Administrator, . PASTOR ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ et al., v. ATH HOLDING COMPANY, LLC et al., Case No. 1:15-cv-02062-TWP-MPB ▇▇▇▇▇▇, District Judge: Pending before the Court is the Settling Parties’ joint motion for final approval ▇▇▇▇ ▇▇▇▇, AND ▇▇▇▇▇▇ ▇▇▇▇, individually and as representatives of a class of similarly situated persons on behalf of the settlement Evangelical Lutheran Church in America Retirement Plan and the ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society, Court File No. 27-CV-15-3425 Judge ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Plaintiffs, v. [PROPOSED] FINAL ORDER AND JUDGMENT BOARD OF PENSIONS OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA (D/B/A PORTICO BENEFIT SERVICES), A MINNESOTA CORPORATION. Upon consideration of Plaintiffs’ Unopposed Motion for Final Approval of the Settlement of this action (the “Class Action”) pursuant to the terms of the a Class Action Settlement Agreement dated December 23, 2019 (the “Settlement Agreement”). On , this Court preliminarily approved the Settlement Agreement (Doc ). On , the Court held a fairness hearing, at which all interested persons were given the opportunity to be heard. The Court has read hereby orders and considered all submissions made in connection with the Settlement Agreement, including statements made in open court at the fairness hearing. The Court hereby ORDERS and ADJUDGES adjudges as follows: 1. For purposes of this Final Order and Judgment, capitalized terms used herein have the Definitions definitions in the Settlement Agreement, which is incorporated herein by reference. 2. In accordance with the Court’s Orders, and as determined by this Court previously, notice was timely distributed by electronic or first-class mail to all members of the Settlement Class Members who could be identified with reasonable effort, and notice was published on the website maintained by Class Counsel. In addition, pursuant to the Class Action Fairness Act, 28 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Settlement Class Member resides, the Attorney General of the United States, and the United States Secretary of Labor. 3. The form and methods of notifying the Settlement Class of the terms and conditions of the proposed Settlement Agreement met the requirements of Rule 23(c)(2) of the Federal Rules of Civil ProcedureMin. R. Civ. P. 23.03 (b), any other applicable law, and due process, and constituted the best notice practicable under the circumstances. Due ; and due and sufficient notices of the fairness hearing and the rights of all Settlement Class Members have been provided to all people, powers and entities entitled to noticethereto. 4. All requirements Members of the Settlement Class Action Fairness Act, 28 U.S.C. § 1711, et seq., have been met. 5. Class Members had the opportunity to be heard on all issues regarding the resolution and release of their claims by submitting objections to the Settlement Agreement to the Court. 65. Each and every Objection to the Settlement and Settlement Agreement settlement is overruled with prejudice. 76. The motion for final approval of the Settlement Agreement (Doc. ) is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable reasonable, and adequate to the Plans and the Settlement Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. 87. All The operative complaint and all claims asserted at any point in the litigation therein are hereby dismissed with prejudice and without costs to any of the Settling Parties other than as provided for in the Settlement Agreement. 98. The PlansPlan, the Class RepresentativesRepresentatives and Individual Plaintiff, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, assigns agents and attorneysassigns) on their own behalves and on behalf of the Plan, hereby fully, finally, and forever settle, release, relinquish, waive waive, and discharge Defendants, the Plan, and all Released Parties (including the Defendant and the Plan) from the Released Claims, regardless of, e.g., whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. However, nothing herein releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. 109. The Class Members Representatives and Individual Plaintiff, Class Members, and the Plan Plans acting individually or together, or in combination with others, are hereby barred and enjoined from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 1110. Class Counsel, the Class RepresentativesRepresentatives and Individual Plaintiff, the Class Members, or the Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendantsthe Defendant, the Plan Plans, and the other Released Parties or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class RepresentativeRepresentative and Individual Plaintiff, Class Member Member, and the Plan Plans has and have hereby fully, finally finally, and forever settled, released, relinquished, waived waived, and discharged any and all Released Claims, and each Class RepresentativeRepresentative and Individual Plaintiff, Class Member Member, and the Plan Plans has and have hereby acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 1211. The Class RepresentativesRepresentatives and Individual Plaintiff, Class Members Members, and the Plan Plans hereby settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the releaserelease and that, which if known by him must or her, would have materially affected his or her settlement with the debtordebtor or released party.” The Class RepresentativesRepresentatives and Individual Plaintiff, Class Members Members, and the Plan Plans with respect to the Released Claims also hereby waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable comparable, or equivalent in substance to Section 1542 of the California Civil Code. 1312. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members pursuant to the provisions of ERISAMembers, and expressly retains that jurisdiction for purposes of enforcing this Final Order and Judgment and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order and Judgement or the Settlement Agreement, including by way of injunction, may be filed in this Court, and the provisions of the Settlement Agreement and/or this Final Order and Judgment may also be asserted by way of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement Agreement. 1413. Each member of the Class Member shall hold harmless Defendants, Defense Counsel, Counsel and the Released Parties, and the Plan Parties for any claims, liabilities, attorneys’ fees fees, and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses. 1514. The Settlement Administrator shall have final authority to determine the share of the Net Settlement Amount to be allocated to each Current Participant and each Authorized Former Participant. 1615. The Settlement Administrator has the sole and exclusive discretion to determine, with With respect to payments or distributions to Authorized Former Participants, all questions not addressed in or resolved by the Settlement Agreement, including whether a Former Participant Claim Form should Agreement shall be accepted resolved by the Settlement Administrator in the first instanceits sole and exclusive discretion.