Common use of Settlement Class Certification Clause in Contracts

Settlement Class Certification. 46. For purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall be certified in accordance with the definition contained in Paragraph 50, below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 47. HBSC does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (1) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2) the fact of the settlement reflected in this Settlement Agreement, that HBSC did not oppose the certification of a class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 48. Subject to Court approval, the Settlement Class consisting of the following subclasses shall be certified for settlement purposes:

Settlement Class Certification. 4649. For purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall be certified in accordance with the definition contained in Paragraph 5051, below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 4750. HBSC UKG does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (1) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2) the fact of the settlement reflected in this Settlement Agreement, that HBSC UKG did not oppose the certification of a class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4851. Subject to Court approval, the Settlement Class consisting of the following subclasses shall be certified for settlement purposes:

Settlement Class Certification. 46. For The Parties agree that, for purposes of the this Settlement Agreement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall as defined in Paragraph 11(s) of this Settlement Agreement should be certified in accordance with the definition contained in Paragraph 50, below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 47under 735 ILCS 5/2-801. HBSC Defendant does not consent to certification of the Settlement Class for any purpose other than to effectuate the SettlementSettlement Agreement. If the Court does not enter Final Approval of the SettlementSettlement Agreement, or if for any other reason final approval of the Settlement Agreement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action Lawsuit as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement Agreement is not achieved: (1a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2b) the fact of the settlement reflected in this Settlement Agreement, that HBSC Defendant did not oppose the certification of a class Class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 48. Subject to Court If for any reason the Settlement Agreement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class consisting of shall not be used for any purpose, including in any request for class certification in the following subclasses shall be certified for settlement purposes:Lawsuit or any other proceeding.

Settlement Class Certification. 46. For The Parties agree that, for purposes of the this Settlement Agreement only, the Parties stipulate and agree that: (1Settlement Classes as defined in Paragraph 11(s) the of this Settlement Class and Subclasses shall Agreement should be certified in accordance with under Rule 23 of the definition contained in Paragraph 50, below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 47Federal Rules of Civil Procedure. HBSC Defendant does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (1a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2b) the fact of the settlement reflected in this Settlement Agreement, that HBSC Defendant did not oppose the certification of a class Class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 48. Subject to Court If for any reason the Settlement is not granted preliminary and/or final approval, Defendant’s agreement to certification of the Settlement Class consisting of shall not be used for any purpose, including in any request for class certification in the following subclasses shall be certified for settlement purposes:Litigation or any other proceeding.

Settlement Class Certification. 46. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall be certified in accordance with the definition contained in Paragraph 50, 49 below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as and shall be the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 47. HBSC Defendant does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter the Final Approval Order of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will immediately be vacated and have no effect, and the Parties will be returned to their positions with respect to the Action Litigation as if the Settlement Agreement had not been entered into. 48. In the event that the Final Approval Order of the Settlement is not achievedentered: (1a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2b) the fact of the settlement reflected in this Settlement Agreement, that HBSC Defendant did not oppose the certification of a class Class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4849. Subject to Court approval, the following Settlement Class consisting of the following subclasses shall be certified for settlement purposes:: All individuals whose Biometrics were collected, captured, purchased, received through trade, possessed, retained or otherwise obtained while in Illinois by Veriff or its technology for purposes of identity verification between November 12, 2016, and [Preliminary Approval], and whose identity was verified. Defendant estimates that the class consists of approximately 68,091 individuals. 50. Excluded from the Settlement Class are all persons who consented to the collection, capture, purchase, possession, receipt through trade, retention, or other obtainment or possession of their Biometrics by Veriff or its parents, subsidiaries or agents, all persons who timely elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court’s or staff’s immediate family.

Settlement Class Certification. 46. For The Parties agree that, for purposes of the this Settlement Agreement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall as defined in Paragraph 11(s) of this Settlement Agreement should be certified in accordance with the definition contained in Paragraph 50, below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 47under 735 ILCS 5/2-801. HBSC Defendant does not consent to certification of the Settlement Class for any purpose other than to effectuate the SettlementSettlement Agreement. If the Court does not enter Final Approval of the SettlementSettlement Agreement, or if for any other reason final approval of the Settlement Agreement does not occur, is successfully objected to, or challenged on appeal, any certification of any Settlement Class will be vacated and the Parties will be returned to their positions with respect to the Action Lawsuit as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement Agreement is not achieved: (1a) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2b) the fact of the settlement reflected in this Settlement Agreement, that HBSC Defendant did not oppose the certification of a class Class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 48. Subject to Court If for any reason the Settlement Agreement is not granted preliminary and/or final approval, Defendant s agreement to certification of the Settlement Class consisting of shall not be used for any purpose, including in any request for class certification in the following subclasses shall be certified for settlement purposes:Lawsuit or any other proceeding.

Settlement Class Certification. 4645. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall be certified in accordance with the definition contained in Paragraph 50, below48; (2) Plaintiffs Plaintiff shall represent the Settlement Class for settlement purposes as and shall be the Class RepresentativesRepresentative; and (3) Plaintiffs’ Plaintiff’s Counsel shall be appointed as Class Counsel. 4746. HBSC ▇▇▇▇▇▇▇ House does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (1) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2) the fact of the settlement reflected in this Settlement Agreement, that HBSC ▇▇▇▇▇▇▇ House did not oppose the certification of a class Class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 47. The settlement shall be administered on a wholly claims-made basis. To receive any relief, Settlement Class Members, as defined below, must submit a valid and timely claim to the Claims Administrator. 48. Subject to Court approval, the following Settlement Class consisting of the following subclasses shall be certified for settlement purposes:: All persons whose PII was potentially compromised as a result of the Cyber-Attack that ▇▇▇▇▇▇▇ House discovered on or about June 11, 2021.1 Subject to Court approval, the following Settlement Subclass shall be certified for settlement purposes: All persons whose Social Security numbers or driver’s licenses were potentially compromised, and all persons whose financial information (credit card and/or bank account information) was potentially compromised as a result of the Cyber-Attack that ▇▇▇▇▇▇▇ House discovered on or about June 11, 2021. 49. Excluded from the Class are: (1) any entity in which ▇▇▇▇▇▇▇ House has a controlling interest and (2) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of ▇▇▇▇▇▇▇ House. Excluded also from the Class are members of the judiciary to whom this case is assigned, their families and members of their staff. 50. It is estimated that the Class is comprised of approximately 303,739 individuals. 1 Cyber-Attack shall mean the cybersecurity incident against ▇▇▇▇▇▇▇ House giving rise to the Action. 51. If for any reason the Settlement is not granted preliminary and/or final approval, ▇▇▇▇▇▇▇ House’s agreement to certification of the Settlement Class shall not be used for any purpose, including in any request for class certification in the Litigation or any other proceeding.

Settlement Class Certification. 4642. For purposes of the Settlement only, the Parties stipulate and agree that: (1) the Settlement Class and Subclasses shall be certified in accordance with the definition contained in Paragraph 5044, below; (2) Plaintiffs shall represent the Settlement Class for settlement purposes as the Class Representatives; and (3) Plaintiffs’ Counsel shall be appointed as Class Counsel. 4743. HBSC LCDLR does not consent to certification of the Settlement Class for any purpose other than to effectuate the Settlement. If the Court does not enter Final Approval of the Settlement, or if for any other reason final approval of the Settlement does not occur, is successfully objected to, or challenged on appeal, any certification of any Class will be vacated and the Parties will be returned to their positions with respect to the Action as if the Settlement Agreement had not been entered into. In the event that Final Approval of the Settlement is not achieved: (1) any Court orders preliminarily or finally approving the certification of any class contemplated by this Settlement Agreement shall be null, void, and vacated, and shall not be used or cited thereafter by any person or entity; and (2) the fact of the settlement reflected in this Settlement Agreement, that HBSC LCDLR did not oppose the certification of a class under this Settlement Agreement, or that the Court preliminarily approved the certification of a Class, shall not be used or cited thereafter by any person or entity, including in any manner whatsoever, including without limitation any contested proceeding relating to the certification of any class. 4844. Subject to Court approval, the Settlement Class consisting of the following subclasses shall be certified for settlement purposes: