Common use of Other Provisions and Considerations Clause in Contracts

Other Provisions and Considerations. The terms of this settlement expire eight months after the Court’s approval order. This settlement does not seek any money from the Government on behalf of the Class, except to reimburse Plaintiffs’ attorneys for $193,000 of their fees and costs in bringing this lawsuit. If the settlement agreement is approved, the claims brought by the Named Plaintiff will be considered settled for all Class Members. If the settlement agreement is approved, you will not be able to sue ICE or the SCDOC separately for injunctive relief about the same legal claims in this lawsuit. However, this settlement does not prevent Class Members from bringing individual lawsuits seeking money from Defendants for ▇▇▇▇▇ suffered while in their custody, or to bring other legal challenges for the basis of a Class Member’s detention unrelated to COVID-19. All of the terms of the proposed settlement are subject to Court approval at a “Final Approval Hearing,” which is explained below. A copy of this settlement agreement is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇- ▇▇.▇▇▇/▇▇/▇▇▇▇▇/▇▇▇▇▇▇-et-al-v-us-department-homeland-security or, if this Notice was mailed, is enclosed. If you are satisfied with the settlement’s terms, you don’t have to do anything. If you are not satisfied with the settlement, you do not have the right to opt out of the settlement. But you do have the right to file an objection asking the Court to deny approval for the settlement. The Court can only approve or deny the settlement; it cannot change the terms of the settlement. If the Court denies approval, Plaintiffs and Defendants will attempt to renegotiate the settlement. If no further settlement can be reached, the lawsuit will continue in court. If that is what you want to happen, you must object. If you object, you must do so in writing. If you object in writing, you may also appear at the Final Approval Hearing (explained below), either in person or through your own attorney. The requirement that you first submit a written objection before you can appear in court may be excused upon a showing of good cause. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must: • Clearly identify the following case name and number: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, 1:20-cv-453- LM (D.N.H.); • Include the Class Member’s name; • Include an explanation of why the Class Member objects to the settlement, including why they are not satisfied, any supporting documents, and the reasons, if any, for wishing to appear and be heard at the Final Approval Hearing; • Be submitted to the Court either by o (1) mailing them to the Clerk, U.S. District Court for the District of New Hampshire, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇ o (2) by filing them in person at any location of the United States District Court for the District of New Hampshire; and • Be filed or postmarked within 30 days after this notice is posted. The Court will require only substantial compliance with the requirements for submitting an objection. The Final Approval Hearing will be held on , 2025, at AM/PM at the United States District Court for the District of New Hampshire, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, to determine the fairness, reasonableness, and adequacy of the proposed settlement. The date may change without further notice to the class. Please check the Court’s Public Access to Court Electronic Records (“PACER”) system at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/, or by visiting the office of the Clerk of the Court for the United States District Court for the District of New Hampshire, between 8:30 a.m. and 4:30 p.m., EST, Monday through Friday, excluding Court holidays to confirm that the date has not been changed. The date and time of the Final Approval Hearing will also be posted on the website of the American Civil Liberties Union of New Hampshire at ▇▇▇▇▇://▇▇▇.▇▇▇▇-▇▇.▇▇▇/en/cases/▇▇▇▇▇▇-et-al-v-us-department-homeland-security. This notice merely summarizes the proposed settlement. For the full terms of the settlement, please see the attached settlement agreement. You should feel free to talk to your lawyer if you want to know more about the settlement. The settlement agreement is also available at the following website: ▇▇▇▇▇://▇▇▇.▇▇▇▇-▇▇.▇▇▇/en/cases/▇▇▇▇▇▇-et-al-v-us-department-homeland-security You can also contact Class Counsel, ▇▇▇▇▇▇▇▇ ▇▇▇, by phone at (▇▇▇) ▇▇▇-▇▇▇▇ or at these mail or email addresses: • SangYeob ▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇-▇▇.▇▇▇ ACLU of New Hampshire ▇▇ ▇▇▇ ▇▇▇▇▇▇ Concord, NH 03301 ▇▇▇▇▇▇ ▇. Bissonnette ▇▇▇▇▇▇@▇▇▇▇-▇▇.▇▇▇ ACLU of New Hampshire ▇▇ ▇▇▇ ▇▇▇▇▇▇ Concord, NH 03301 • ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ LLP ▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ If you call the ACLU-NH using its main line at (▇▇▇) ▇▇▇-▇▇▇▇, you will have to leave a voice message. We will set up a time to talk to you after receiving your voice message. This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (“PACER”) system at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/, or by visiting the office of the Clerk of the Court for the United States District Court for the District of New Hampshire, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays. PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT. Class Counsel are: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ SangYeob ▇▇▇ ACLU of New Hampshire ▇▇ ▇▇▇ ▇▇▇▇▇▇ Concord, NH 03301

Other Provisions and Considerations. The terms of this settlement expire eight months the shorter of (1) three years from when the Court enters an order making the settlement effective, or (2) one year after the expiration of the Presidential national emergency declaration concerning COVID-19, unless the Court’s Final Approval order occurs after the Presidential national emergency declaration expires, in which case the terms of the settlement expire one year after the Court’s approval order. This settlement does not seek any money from the Government on behalf of the Class, except to reimburse Plaintiffs’ attorneys for $193,000 500,000 of their fees and costs in bringing this lawsuit. If the settlement agreement is approved, the claims brought by the Named Plaintiff Plaintiffs will be considered settled for all Class Members. If the settlement agreement is approved, approved you will not be able to sue ICE or the SCDOC GEO Group separately for injunctive relief about the same legal claims in this lawsuit. However, this settlement does not prevent Class Members from bringing individual lawsuits seeking money from Defendants for ▇▇▇▇▇ suffered while in their custody, or to bring other legal challenges for the basis of a Class Member’s detention unrelated to COVID-19. All of the terms of the proposed settlement are subject to Court approval at a “Final Approval Hearing,” which is explained below. A copy of this settlement agreement is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇- ▇▇.▇▇▇/uploads/2023/▇▇/▇▇▇▇▇/▇▇▇▇▇▇-et-al-v-us-department-homeland-security AuthorizedAvendanoSettlementAgreement.pdf or, if this Notice was mailed, is enclosed. If you are satisfied with the settlement’s terms, you don’t have to do anything. If you are not satisfied with the settlement, you do not have the right to opt out of the settlementsettlemet. But you do have the right to file an objection asking the Court to deny approval for the settlement. The Court can only approve or deny the settlement; it cannot change the terms of the settlement. If the Court denies approval, Plaintiffs and Defendants will attempt to renegotiate the settlement. If no further settlement can be reached, the lawsuit will continue in court. If that is what you want to happen, you must object. If you object, you must do so in writing. If you object in writing, you may also appear at the Final Approval Hearing (explained below), either in person or through your own attorney. The requirement that you first submit a written objection before you can appear in court may be excused upon a showing of good cause. If you appear through your own attorney, you are responsible for hiring and paying that attorney. All written objections and supporting papers must: • Clearly identify the following case name and number: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, 1:20Case No. 2:20-cv-453- LM cv-700 (D.N.H.W.D. Wash.); • Include the Class Member’s name; • Include an explanation of why the Class Member objects to the settlement, including why they are not satisfied, any supporting documents, and the reasons, if any, for wishing to appear and be heard at the Final Approval Hearing; • Be submitted to the Court either by o (1) mailing them to the Clerk, U.S. District Court for the Western District of New HampshireWashington, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇Suite 2310, ▇▇▇▇▇▇▇Seattle, ▇▇ ▇▇▇▇▇WA 98101, ▇▇ or o (2) by filing them in person at any location of the United States District Court for the Western District of New HampshireWashington; and • Be filed or postmarked within 30 60 days after this notice is posted. The Court will require only substantial compliance with the requirements for submitting an objection. The Final Approval Hearing will be held on , 20252023, at AM/PM at the United States District Court for the District of New HampshireSuite ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇Seattle, ▇▇ ▇▇▇▇▇WA 98101-9906, to determine the fairness, reasonableness, and adequacy of the proposed settlement. You may participate using the following phone number: [INSERT]. The date may change without further notice to the class. Please check the Court’s Public Access to Court Electronic Records (“PACER”) system at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/, or by visiting the office of the Clerk of the Court for the United States District Court for the Western District of New HampshireWashington, between 8:30 9:00 a.m. and 4:30 4:00 p.m., ESTPST, Monday through Friday, excluding Court holidays to confirm that the date has not been changed. The date and time of the Final Approval Hearing will also be posted on the website of the American Civil Liberties Union of New Hampshire Northwest Immigrant Rights Project at ▇▇▇▇▇://▇▇▇.▇▇▇▇-▇▇.▇▇▇/en/cases/▇▇▇▇▇▇-et-al-v-us-department-homeland-security. This notice merely summarizes the proposed settlement. For the full terms of the settlement, please see the attached settlement agreement. You should feel free to talk to your lawyer if you want to know more about the settlement. The settlement agreement is also available at the following website: ▇▇▇▇▇://▇▇▇.▇▇▇▇-▇▇.▇▇▇/en/uploads/2023/cases/▇▇▇▇▇▇-et-al-v-us-department-homeland-security AuthorizedAvendanoSettlementAgreement.pdf. You can also contact Class Counsel, ▇▇▇▇▇▇▇▇ ▇▇▇, Counsel by phone at (▇▇▇) ▇▇▇-▇▇▇▇ or at these mail or email addresses: • SangYeob ▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇-▇▇.▇▇▇ ACLU of New Hampshire ▇▇ ▇▇▇ ▇▇▇▇▇▇ Concord, NH 03301 ▇▇▇▇▇▇ ▇. Bissonnette ▇▇▇▇▇▇@▇▇▇▇-▇▇.▇▇▇ ACLU of New Hampshire ▇▇ ▇▇▇ ▇▇▇▇▇▇ Concord, NH 03301 • ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ ▇▇Northwest Immigrant Rights Project ▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇ Seattle, WA 98104 • ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇ ▇▇▇▇@▇▇▇▇.▇▇▇ American Civil Liberties Union Foundation National Prison Project ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇.▇., ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ • My ▇▇▇▇▇ ▇▇▇ ▇▇▇▇@▇▇▇▇.▇▇▇ American Civil Liberties Union Foundation Immigrants’ Rights Project ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ San Francisco, CA 94111 If you call the ACLU-NH using its main line us at (▇▇▇) ▇▇▇-▇▇▇▇, you will have to leave a voice message. We will set up a time to talk to you after receiving your voice message. This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, please see the settlement agreement by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (“PACER”) system at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/, or by visiting the office of the Clerk of the Court for the United States District Court for the Western District of New HampshireWashington, between 8:30 9:00 a.m. and 4:30 4:00 p.m., Monday through Friday, excluding Court holidays. PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT. Class Counsel are: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Northwest Immigrant Rights Project ▇▇▇ ▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇ Seattle, WA 98104 ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇ Northwest Immigrant Rights Project ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇ Tacoma, WA 98402 ▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇ American Civil Liberties Union Foundation National Prison Project ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇.▇., ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇. ▇▇▇▇▇▇ American Civil Liberties Union Foundation Immigrants’ Rights Project ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ SangYeob ▇, ▇▇▇▇ ACLU of New Hampshire ▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ Concord▇▇▇▇▇ My ▇▇▇▇▇ ▇▇▇ American Civil Liberties Union Foundation Immigrants’ Rights Project ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ San Francisco, NH 03301CA 94111 ▇▇▇▇▇▇ ▇▇▇▇▇ American Civil Liberties Union Foundation of Washington P.O. Box 2728 Seattle, WA 98111 2 5 6 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, et al., Petitioners-Plaintiffs, v. ▇▇▇▇ ▇▇▇▇▇▇▇, Director of the Seattle Field Office of U.S. Immigration and Customs Enforcement, et. al., Respondents-Defendants. Case No. 20-cv-700-JLR-MLP [PROPOSED] ORDER GRANTING STIPULATED MOTION TO DISMISS AND GRANTING FINAL APPROVAL OF PROPOSED CLASS SETTLEMENT 7 WESTERN DISTRICT OF WASHINGTON 8 11 The Parties have filed a Stipulated Motion to Dismiss and Grant Final Approval of the class action settlement. The Court has carefully considered the Class Settlement Agreement 16 together with all exhibits thereto, all the filings related to the settlement, the arguments of counsel, and the record in this case. The Court also held a fairness hearing on , 2023, following notice to the class as approved by the Court’s previous order granting preliminary approval of the Agreement. The Court finds that the Agreement is sufficiently fair, 20 reasonable, and adequate.