Common use of SETTLEMENT APPROVAL PROCEDURE Clause in Contracts

SETTLEMENT APPROVAL PROCEDURE. The Settling Parties shall work in good faith to, within ten (10) days1 after the execution of this Agreement, initiate a lawsuit between the Settling Parties in the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida (the “Litigation”). Thereafter, counsel for Named Plaintiffs shall also file fifteen (15) days after the upon appearance in the Litigation of counsel for Liberty Mutual—to be made within five (5) days of the filing of the Complaint—the Joint Motion for Final Approval of Settlement of Collective Action and Authorization of Notice of Settlement and Opportunity to File Consent to Join Settlement, Release and Claim Form (“Approval Motion”) with the Agreement, along with the agreed-to (proposed) Agreed Order on Joint Motion (“Approval Order”). Counsel for the Named Plaintiffs will also attach to the Motion the Notice of Settlement and the Consent to Join Settlement, Release and Claim Form (collectively, the “Notice Packet”), which is attached to this Agreement as Exhibit A, advising the Potential Claimants of the material terms and provisions of this settlement, the procedure for submitting Consent to Join Settlement, Release and Claim Forms, and their rights with respect to 1 All time periods provided by this Agreement are stated in calendar days, not business days, unless otherwise stated. this settlement. Prior to filing the Approval Motion, counsel for Named Plaintiffs shall send a draft of such motion to counsel for Liberty Mutual for review and comment. Plaintiffs’ Counsel shall send the draft Approval Motion to Liberty Mutual three (3) days after this Agreement is executed. Within three (3) business days of receipt of such draft, Liberty Mutual shall provide comments, if any, to counsel for Named Plaintiffs and thereafter counsel for both parties shall meet and confer to discuss such comments, and counsel for Named Plaintiffs shall incorporate any such agreed upon comments into the Approval Motion before filing it with the court.

SETTLEMENT APPROVAL PROCEDURE. The Settling Parties shall work in good faith to, within ten A. On or before seven (107) days1 after the full execution of this Agreement, initiate the Minor Plaintiffs, which includes the opt-in Plaintiffs, shall submit to the Western District of Michigan an agreed motion to transfer (“Motion to Transfer”), requesting a lawsuit between transfer to the Settling Parties United States District Court for the Western District of Pennsylvania. If the Motion to Transfer is not granted, the Minor Plaintiffs and PNC shall stipulate to dismiss Minor without prejudice, with a right to re-file the claims asserted in the Fifteenth Judicial Circuit Court Minor complaint if the settlement is not approved. If Minor is dismissed but the settlement is not approved, PNC agrees that the limitations period for purposes of any state law claims that were asserted in the original Minor complaint and for Palm Beach County, Florida (are included in the “Litigation”)re-filed matter shall relate back to the initial filing of Minor. Thereafter, counsel for Named The federal claims of Minor Plaintiffs shall also file fifteen (15) days after relate back to the upon appearance in the Litigation of counsel for Liberty Mutual—to be made within five (5) days date of the filing of their consent to join forms in Minor. B. On or before fourteen (14) days after full execution of this Agreement, the Complaint—the Joint Named Plaintiffs shall file in ▇▇▇▇▇▇ an Unopposed Motion for Final Approval of Order Approving Settlement of Collective Action and Authorization of Authorizing Notice of Settlement and Opportunity to File Consent to Join Settlementand Release Forms, Release and Claim Form Dismissal with Prejudice (“Approval Motion”) with the Agreement, along with the agreed-to (proposed) Agreed Order on Joint Motion (“Approval Order”). Counsel The Approval Motion shall attach the following for the Named Plaintiffs will also attach to the Motion Court’s review: this Agreement; the Notice of Settlement (to 1 All references to “days” throughout this document refer to calendar days. reflect each Named Plaintiff’s and Putative Collective Member’s individual settlement amount and a summary of the basis for settlement) and Consent to Join Settlement, and Release and Claim Form (collectively, the “Notice Packet”), which is attached to this Agreement as Exhibit A, advising the Potential Claimants Named Plaintiffs and Putative Collective Members of the material terms and provisions of this settlement, the procedure for submitting Consent to Join Settlement, and Release and Claim Forms, and their rights with respect to 1 All time periods provided by this settlement; and an agreed-upon Proposed Order (“Approval Order”), which is attached to this Agreement are stated in calendar days, not business days, unless otherwise statedas Exhibit B. C. The Settling Parties agree to do all things reasonably necessary and appropriate to obtain court approval of this Agreement. this settlement. Prior to filing the Approval Motion, counsel for Named Plaintiffs shall send a draft of such motion to counsel for Liberty Mutual for review and comment. Plaintiffs’ Counsel shall send the draft Approval Motion to Liberty Mutual three (3) days after this This Agreement is executed. Within three (3) business days of receipt of such draft, Liberty Mutual shall provide comments, if any, to counsel for Named Plaintiffs contingent on approval by the Court and thereafter counsel for both parties shall meet and confer to discuss such comments, and counsel for Named Plaintiffs shall incorporate any such agreed upon comments is entered into voluntarily by the Approval Motion before filing it with the courtSettling Parties.