Common use of Order of Preliminary Approval and Publishing of Notice of Fairness Hearing Clause in Contracts

Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 15 3.1 As soon as practicable after the execution of the Settlement Agreement, Proposed 16 Settlement Class Counsel and counsel for the 49ers shall jointly submit this Settlement Agreement to 17 the Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the 18 settlement with the Court requesting entry of a Preliminary Approval Order in the form to be agreed 19 upon by the parties, or an order substantially similar to such form in both terms and cost, requesting, 20 among other things: 21 a) certification of the Settlement Class for settlement purposes only; 22 b) preliminary approval of the Settlement Agreement as set forth herein; 23 c) appointment of Proposed Settlement Class Counsel as Settlement Class 24 Counsel; 25 d) appointment of Plaintiffs as Class Representatives; 26 e) approval of a customary form of Short Notice to be mailed to Settlement Class 27 Members in a form substantially similar to the one attached as Exhibit A to 1 this Agreement; 2 f) approval of the Long Notice to be posted on the Settlement Website in a form 3 substantially similar to the one attached as Exhibit B to this Agreement, 4 which, together with the Short Notice, shall include a fair summary of the 5 parties’ respective litigation positions, the general terms of the settlement set 6 forth in the Settlement Agreement, instructions for how to object to or opt-out 7 of the settlement, the process and instructions for making claims to the extent 8 contemplated herein, and the date, time and place of the Final Fairness

Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 15 3.1 16 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed 16 17 Settlement Class Counsel and counsel for the 49ers Grays Harbor shall jointly submit this Settlement 18 Agreement to 17 the Court, Court and Proposed Settlement Class Counsel will file a motion for preliminary approval of the 18 settlement with the Court 19 requesting entry of a Preliminary Approval Order in the form to be agreed 19 upon by the partiesattached hereto as Exhibit D, or an 20 order substantially similar to such form in both terms and cost, requesting, 20 among other thingsinter alia: 21 a) certification of the Settlement Class for settlement purposes onlyonly pursuant 22 to ¶ 2.13; 22 23 b) preliminary approval of the Settlement Agreement as set forth herein; 23 24 c) appointment of Proposed Settlement Class Counsel as Settlement Class 24 25 Counsel; 25 26 d) appointment of Plaintiffs Representative Plaintiff as Class Representatives;Representative; 27 26 1 e) approval of a customary form of Short Notice short notice to be mailed to Settlement 2 Class 27 Members (the “Short Notice”) in a form substantially similar to the 3 one attached hereto as Exhibit B; 4 f) approval of a customary long form of notice (“Long Notice”) to be posted 5 on the Settlement Website in a form substantially similar to the one 6 attached hereto as Exhibit A to 1 this Agreement; 2 f) approval of the Long Notice to be posted on the Settlement Website in a form 3 substantially similar to the one attached as Exhibit B to this AgreementC, 4 which, together with the Short Notice, shall 7 include a fair summary of the 5 parties’ respective litigation positions, the 8 general terms of the settlement set 6 forth in the Settlement Agreement, 9 instructions for how to object to or opt-out 7 of the settlement, the process 10 and instructions for making claims to the extent 8 contemplated herein, and 11 the date, time and place of the Final FairnessFairness Hearing; 12 g) appointment of Postlethwaite & ▇▇▇▇▇▇▇▇▇▇▇ as the Notice Specialist and

Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 15 3.1 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed 16 Settlement Class Counsel and counsel for the 49ers Einstein shall jointly submit this Settlement Agreement to 17 the Court, Court and Proposed Settlement Class Counsel will file a motion for preliminary approval of the 18 settlement with the Court requesting entry of a Preliminary Approval Order in the form to be agreed 19 upon by the partiesattached hereto as Exhibit D, or an order substantially similar to such form in both terms and cost, requesting, 20 among other thingsinter alia: 21 (a) certification of the Settlement Class for settlement purposes onlyonly pursuant to ¶ 2.6; 22 (b) preliminary approval of the Settlement Agreement as set forth herein; 23 (c) appointment of Proposed Settlement Class Counsel ▇▇▇▇▇▇▇▇ Law Group, P.C., ▇▇▇▇▇▇ & ▇▇▇▇▇▇ Complex Litigation Group, ▇▇▇▇▇▇ Spirt Grunfeld, P.C., ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, LLP and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, LLP as Settlement Class 24 Counsel; 25 (d) appointment of Class Plaintiffs as Class Representatives; 26 (e) approval of a customary form of Short Notice short notice to be mailed provided to Settlement Class 27 Members (the “Short Notice”) in a form substantially similar to the one attached hereto as Exhibit A to 1 this AgreementB; 2 (f) approval of the a customary long form of notice (“Long Notice Notice”) to be posted on the Settlement Website in a form 3 substantially similar to the one attached hereto as Exhibit B to this AgreementC, 4 which, together with the Short Notice, shall include a fair summary of the 5 parties’ respective litigation positions, the general terms of the settlement set 6 forth in the Settlement Agreement, instructions for how to object to or opt-opt out 7 of the settlement, the process and instructions for making claims to the extent 8 contemplated herein, and the date, time and place of the Final FairnessFairness Hearing; (g) appointment of RG2 Claims Administration LLC as the Notice Specialist and Claims Administrator; (h) approval of a claim form substantially similar to that attached hereto aks Exhibit A; and (i) appointment of Bennett G. Picker, or his associate, to serve as Claims Referee. The Short Notice, Long Notice, and Claim Form have been reviewed and approved by the Notice Specialist and Claims Administrator but may be revised as agreed upon by the Parties prior to submission to the Court for approval. 3.2. Einstein or its insurer shall pay for providing notice to the Settlement Class in accordance with the Preliminary Approval Order, and the costs of such notice, together with the Costs of Claims Administration. Attorneys’ fees, costs, and expenses of Settlement Class Counsel and Class Plaintiffs’ Counsel, and service awards to Class Representatives, shall be paid by Einstein as set forth in ¶ 7 below. Notice shall be provided to Settlement Class Members via mail to the postal address provided when the Settlement Class Members conducted transactions with Einstein. For those class members whose mailing addresses were not found or mail was returned previously, reasonable efforts will be made to identify email addresses which will be used to provide Notice. The notice plan shall be subject to approval by the Court as meeting constitutional due process requirements. The Claims Administrator shall establish a dedicated settlement website and shall maintain and update the website throughout the claim period, with the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement and other important case documents. A toll-free help line shall be made available to provide Settlement Class Members with additional information about the settlement. The Claims Administrator also will provide copies of the forms of Short Notice, Long Notice, and Claim Form approved by the Court, as well as this Settlement Agreement, upon request. At least five (5) days prior to the Final Fairness Hearing, Settlement Class Counsel and Einstein’ counsel shall cause to be filed with the Court an appropriate affidavit or declaration with respect to complying with this provision of notice. The Short Notice, Long Notice, and Claim Form approved by the Court may be adjusted by the Notice Specialist and/or Claims Administrator, respectively, in consultation and agreement with the Parties, as may be reasonable and not inconsistent with such approval. The Notice Program shall be completed within thirty (30) days after entry of the Preliminary Approval Order.

Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 15 3.1 21 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed 16 22 Settlement Class Counsel and counsel for the 49ers Overlake shall jointly submit this Settlement Agreement to 17 the Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the 18 settlement with the Court requesting 24 entry of a Preliminary Approval Order in the form to be agreed 19 upon by the partiesattached hereto as Exhibit D, or an order 25 substantially similar to such form in both terms and cost, requesting, 20 among other thingsinter alia: 21 26 a) certification of the Settlement Class for settlement purposes onlyonly pursuant 27 to ¶ 2.12; 22 1 b) preliminary approval of the Settlement Agreement as set forth herein; 23 2 c) appointment of Proposed Settlement Class Counsel as Settlement Class 24 3 Counsel; 25 4 d) appointment of Plaintiffs Representative Plaintiff as Class RepresentativesRepresentative; 26 5 e) approval of a customary form of Short Notice short notice to be mailed to Settlement 6 Class 27 Members (the “Short Notice”) in a form substantially similar to the 7 one attached hereto as Exhibit B; 8 f) approval of a customary long form of notice (“Long Notice”) to be posted 9 on the Settlement Website in a form substantially similar to the one 10 attached hereto as Exhibit A to 1 this Agreement; 2 f) approval of the Long Notice to be posted on the Settlement Website in a form 3 substantially similar to the one attached as Exhibit B to this AgreementC, 4 which, together with the Short Notice, shall 11 include a fair summary of the 5 parties’ respective litigation positions, the 12 general terms of the settlement set 6 forth in the Settlement Agreement, 13 instructions for how to object to or opt-out 7 of the settlement, the process 14 and instructions for making claims to the extent 8 contemplated herein, and 15 the date, time and place of the Final FairnessFairness Hearing; 16 g) appointment of Postlethwaite & ▇▇▇▇▇▇▇▇▇▇▇ as the Notice Specialist and

Order of Preliminary Approval and Publishing of Notice of Fairness Hearing. 15 3.1 21 3.1. As soon as practicable after the execution of the Settlement Agreement, Proposed 16 22 Settlement Class Counsel and counsel for the 49ers Faneuil shall jointly submit this Settlement Agreement to 17 24 the Court, and Proposed Settlement Class Counsel will file a motion for preliminary approval of the 18 settlement with the Court requesting entry of a Preliminary Approval Order in the form to be 25 agreed 19 upon by the parties, or an order substantially similar to such form in both terms and cost, 26 requesting, 20 among other things: 21 27 a) certification of the Settlement Class for settlement purposes onlyonly pursuant 28 to ¶ 2.9; 22 1 b) preliminary approval of the Settlement Agreement as set forth herein; 23 2 c) appointment of Proposed Settlement Class Counsel as Settlement Class 24 3 Counsel; 25 4 d) appointment of Plaintiffs as Class Representatives; 26 5 e) approval of a customary form of Short Notice to be emailed or, where a 6 working email address is not available, mailed to Settlement Class 27 Members 7 Members, in a form substantially similar to the one Short Form notice attached 8 as Exhibit A to 1 this Agreement3; 2 9 f) approval of the Long Notice to be posted on the Settlement Website in a 10 form 3 substantially similar to the one attached as Exhibit B to this Agreement2, 4 which, together 11 with the Short Notice, shall include a fair summary of the 5 parties’ 12 respective litigation positions, the general terms of the settlement set 6 forth 13 in the Settlement Agreement, instructions for how to object to or opt-out 7 of 14 the settlement, the process and instructions for making claims to the extent 8 15 contemplated herein, and the date, time and place of the Final Fairness