Common use of Settlement Consideration Clause in Contracts

Settlement Consideration. 15. All Settlement Class Members who are Authorized Claimants and who prior to the Preliminary Approval Date experienced one failure of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any out-of-pocket expenses as a result of that failure, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an 11 authorized JCI Dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof. 16. All Settlement Class Members who are Authorized Claimants and who prior to the Preliminary Approval Date experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 17. All Settlement Class Members who are Authorized Claimants and who after the Preliminary Approval Date experience a first failure of a Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof. 18. All Settlement Class Members who are Authorized Claimants and who experience two or more failures of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after the Preliminary Approval Date, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of each Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 19. Under no circumstances shall JCI be required to provide any relief or bear any costs or expenses other than as expressly set forth in this Settlement Agreement.

Settlement Consideration. 15. All In consideration for the full and complete release of all Released Claims against all Released Parties, and the dismissal of the Action with prejudice, Defendant VWGoA agrees to provide the following consideration to the Settlement Class: A. Reimbursement for Past Unreimbursed Out-of-Pocket Expenses Paid for a Covered Repair Prior to the Notice Date. (1) If the Covered Repair was performed prior to March 18, 2022, the Settlement Class Members who are Authorized Claimants and who prior Member shall be entitled to the Preliminary Approval Date experienced one failure 100% of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any their paid out-of-pocket expenses as a result of that failure(parts and labor) for the Covered Repair. (2) If the Covered Repair was performed on or after March 18, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued2022, to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence Class Member shall be entitled to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an 11 authorized JCI Dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof. 16. All Settlement Class Members who are Authorized Claimants and who prior to the Preliminary Approval Date experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement receive 100% of their Copper Coils, will receive a check as reimbursement for their paid out-of-pocket expenses of up to $550.00 (parts and labor) for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide the Covered Repair, provided that the Settlement Administrator Class Member submits, in addition to the Claim Form and Proof of Repair Expense, either (i) proof that Recall 90S9 was performed on the vehicle prior to the Covered Repair, or (ii) a signed declaration attesting, under penalty of perjury, that Recall 90S9 was not performed prior to the Covered Repair because that Settlement Class Member was not notified of Recall 90S9 prior to the Covered Repair, and /Audi records do not show otherwise. Proof that Recall 90S9 was performed shall take the form of an original or legible copy of an invoice, receipt, or similar record confirming that Recall 90S9 was performed on the Settlement Class Vehicle, the date that it was performed, and the Audi dealership that performed it. (3) Subject to sub-sections (1) and (2) above, if the Covered Repair was performed by a service entity or facility that is not an authorized Audi dealer, the Settlement Class Member must also submit, together with evidence of the Copper Coil failures other proof and may do so by submittingsubmission requirements set forth in this Section II.A., for example, an invoice(s), receipt(s), photograph(s), correspondence to documentation (such as a written estimate or from JCI or an HVAC dealer or contractor, warranty claim(sinvoice), or any other competent evidence if documents are not available after a good-faith effort to obtain them, a Declaration signed under penalty of the failure. Authorized Claimants must also provide perjury, confirming that the Settlement Administrator with evidence of Class Member first attempted to have the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 17. All Settlement Class Members who are Authorized Claimants and who after the Preliminary Approval Date experience a first failure of a Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system Covered Repair performed by an authorized JCI Dealer after Audi dealer, but the date dealer declined or was unable to perform the Service Rebate Certificate repair free of charge. Reimbursement for a Covered Repair performed by a service entity or facility that is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by not an authorized JCI Audi dealer within 120 days shall not exceed a maximum reimbursement amount (parts and labor) of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof$1,450. 18. All Settlement Class Members who are Authorized Claimants B. Requirements for and who experience two or more failures Limitations on Entitlement to Reimbursement Set Forth in Section II.(A). (1) To qualify for reimbursement of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after the Preliminary Approval Date, past paid and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their unreimbursed out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide a Covered Repair under Section II.(A) above, the Settlement Administrator Class Member must mail to the Claim Administrator, by first-class mail post-marked no later than seventy-five (75) days from the Notice Date, a fully completed and dated Claim Form, signed under penalty of perjury, together with evidence the required Proof of each Copper Coil failures Repair Expense defined in Section I.(M) of this Agreement, and, if applicable, the documentation or Declaration required in Sections II.A.(2) and/or II.A.(3) of this Agreement, demonstrating that the Claim for Reimbursement is valid and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence complies in all respects with the terms of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 19. Under no circumstances shall JCI be required to provide any relief or bear any costs or expenses other than as expressly set forth in this Settlement Agreement. (2) Any damage to or malfunction of the Gateway Control Module resulting from misuse, abuse, accident or crash, improper operation, lack of or improper maintenance, and/or damage from an external source, does not qualify for reimbursement, with the exception of unintentional spillage of liquid inside the vehicle which directly caused a failure of the Gateway Control Module. (3) If the claimant is not a person to whom the Claim Form was addressed, and/or the vehicle with respect to which a Claim is made is not the vehicle identified by VIN number on the mailed Claim Form, the Claim shall contain proof that the claimant is a Settlement Class Member, that the vehicle is a Settlement Class Vehicle and that the Settlement Class Member paid for the Covered Repair. (4) Any Claim for Reimbursement shall be reduced by the amount of any payment, concession or goodwill accommodation or discount(s) already received, from any other source (including VWGoA/Audi of America, Inc., an Audi dealer, an insurer, service contract provider, or extended warranty provider, or any other person or entity), for all or part of the amount of the Covered Repair that is the subject of the Claim for Reimbursement. The Claim Form shall contain a statement in which the Settlement Class Member must verify either that no such payment, concession or goodwill accommodation or discount(s) was received from another source, or if it was, the amount of the payment received and from whom/what source it was received. (5) non-appealable, except that a Settlement Class Member may seek attorney review of said denial by so requesting it from the Claim Administrator within fourteen (14) days of the date of the letter or notice of the denial of that Claim. If attorney review is timely requested, Class Counsel and Defense Counsel shall confer and attempt to resolve any disputed denial by the Claim Administrator in good faith.

Settlement Consideration. 15. All Settlement Class Members who are Authorized Claimants and who prior to the Preliminary Approval Date experienced one failure of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any out-of-pocket expenses as a result of that failure, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide the Settlement Administrator with evidence (a) In consideration of the Copper Coil failure and may do so by submittingreleases, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an 11 authorized JCI Dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof. 16. All Settlement Class Members who are Authorized Claimants and who prior to the Preliminary Approval Date experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warrantycovenants, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 17. All Settlement Class Members who are Authorized Claimants and who after the Preliminary Approval Date experience a first failure of a Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof. 18. All Settlement Class Members who are Authorized Claimants and who experience two or more failures of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after the Preliminary Approval Date, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of each Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 19. Under no circumstances shall JCI be required to provide any relief or bear any costs or expenses other than as expressly agreements set forth in this Settlement Agreement, the HII Defendants shall pay the Consideration into the Escrow Account by check or wire transfer within 30 days after Preliminary Approval or on February 1, 2022, whichever is later, provided that, at least 20 days prior to payment of this Consideration, the HII Defendants have received from the Escrow Agent written instructions specifying the payee, tax ID number, wire transfer instructions and/or physical address for delivery of the check with a contact person name and phone number and an executed W-9 form (if necessary). For avoidance of any doubt, the HII Defendants shall not be obligated to pay any portion of the Consideration prior to February 1, 2022. (b) Other than the Consideration, Defendants shall owe no additional monies of any kind under this Settlement Agreement. For the avoidance of doubt, Defendant ▇▇▇▇▇▇▇▇ shall not be responsible for paying any portion of the Consideration. (c) Within 180 days of the Effective Date, the HII Defendants agree to the following business practice changes, to the extent not already implemented: a) Require agents and distributors of limited benefit indemnity and ancillary products to record and maintain all sales calls; b) Engage outside vendors to conduct secret shopper investigations for the purpose of detecting deceptive or fraudulent sales practices; c) Where the website of the HII Defendants or any of its distributors mentions limited benefit indemnity or ancillary products, require that a conspicuous disclaimer stating products are not major medical insurance and are not compliant with Affordable Care Act; d) Require the HII Defendants' compliance department to communicate directly with distributors about secret shopper reports and other compliance issues; e) Require the collection of credit card information in the verification stage or thereafter in sales calls; and f) Develop a disciplinary process for agents who mislead customers regarding coverage.

Settlement Consideration. 15. All In consideration for the full and complete release of all Released Claims against all Released Parties, and the dismissal of the Action with prejudice, Defendant VWGoA agrees to provide the following consideration to the Settlement Class: A. Reimbursement for Past Unreimbursed Out-of-Pocket Expenses Paid for a Covered Repair of an Audi Q5, SQ5, Q5 Sportback or SQ5 Sportback Settlement Class Members who are Authorized Claimants and who Vehicle Prior to the Notice Date. (1) If the Covered Repair was performed prior to March 18, 2022, the Preliminary Approval Date experienced one failure Settlement Class Member shall be entitled to 100% of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any their paid out-of-pocket expenses as a result of that failure(parts and labor) for the Covered Repair. (2) If the Covered Repair was performed on or after March 18, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued2022, to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence Class Member shall be entitled to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an 11 authorized JCI Dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proof. 16. All Settlement Class Members who are Authorized Claimants and who prior to the Preliminary Approval Date experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement receive 100% of their Copper Coils, will receive a check as reimbursement for their paid out-of-pocket expenses of up to $550.00 (parts and labor) for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide the Covered Repair, provided that the Settlement Administrator Class Member submits, in addition to the Claim Form and Proof of Repair Expense, either (i) proof that Recall 90S9 was performed on the vehicle prior to the Covered Repair, or (ii) a signed declaration attesting, under penalty of perjury, that Recall 90S9 was not performed prior to the Covered Repair because that Settlement Class Member was not notified of Recall 90S9 prior to the Covered Repair, and /Audi records do not show otherwise. Proof that Recall 90S9 was performed shall take the form of an original or legible copy of an invoice, receipt, or similar record confirming that Recall 90S9 was performed on the Audi Q5, SQ5, Q5 Sportback or SQ5 Sportback Settlement Class Vehicle, the date that it was performed, and the Audi dealership that performed it. (3) Subject to sub-sections (1) and (2) above, if the Covered Repair was performed by a service entity or facility that is not an authorized Audi dealer, the Settlement Class Member must also submit, together with evidence of the Copper Coil failures other proof and may do so by submittingsubmission requirements set forth in this Section II.A., for example, an invoice(s), receipt(s), photograph(s), correspondence to documentation (such as a written estimate or from JCI or an HVAC dealer or contractor, warranty claim(sinvoice), or any other competent evidence if documents are not available after a good-faith effort to obtain them, a Declaration signed under penalty of the failure. Authorized Claimants must also provide perjury, confirming that the Settlement Administrator with evidence of Class Member first attempted to have the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 17. All Settlement Class Members who are Authorized Claimants and who after the Preliminary Approval Date experience a first failure of a Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system Covered Repair performed by an authorized JCI Dealer after Audi dealer, but the date dealer declined or was unable to perform the Service Rebate Certificate repair free of charge. Reimbursement for a Covered Repair performed by a service entity or facility that is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by not an authorized JCI Audi dealer within 120 days shall not exceed a maximum reimbursement amount (parts and labor) of such service being performed. The rebate will be paid directly by the $1,450. B. Reimbursement for Past Unreimbursed Out-of-Pocket Expenses Paid for a Covered Repair of an Audi S6, S7, A6 allroad, RS 6 Avant, RS 7, A6 sedan or A7 Settlement Administrator Class Vehicle Prior to the Authorized Claimant by check within thirty (30) days after submission of such proofNotice Date. 18. All Settlement Class Members who are Authorized Claimants C. Requirements for and who experience two or more failures Limitations on Entitlement to Reimbursement Set Forth in Sections II.(A) and (B). (1) To qualify for reimbursement of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after the Preliminary Approval Date, past paid and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their unreimbursed out-of-pocket expenses of up to $550.00 for each replacement a Covered Repair under Sections II.(A) and (but no more than $1,100.00 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide B) above, the Settlement Administrator with evidence of each Copper Coil failures and may do so Class Member must mail to the Claim Administrator, by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid outfirst-ofclass mail post-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 19. Under marked no circumstances shall JCI be required to provide any relief or bear any costs or expenses other later than as expressly set forth in this Settlement Agreement.seventy-five

Settlement Consideration. 1562. All In exchange for the mutual promises and covenants in this Agreement, including, without limitation, the Releases as set forth in Section XII hereof and the dismissal of the Action upon Final Approval, Defendant shall, without admission of liability, pay the total amount of Ten Million Five Hundred Thousand Dollars ($10,500,000.00) as the monetary component of the Settlement Class Members who are Authorized Claimants as set forth in Sections IX and who prior X hereof and subject to the Preliminary Approval Date experienced one failure of a Copper Coil while termination provisions in Section XIV. This Settlement Payment Amount includes all monetary disbursements incurred in connection with the Copper Coil was covered Settlement, including but not limited to (a) all monetary payments to the Settlement Classes; (b) all Administrative Costs; (c) all attorneys’ fees, costs, and expenses awarded by the original limited five year warranty Court to Class Counsel; and (d) all Service Awards awarded by the Court to Plaintiffs. For avoidance of doubt, Defendant shall not be required to pay any additional monetary sums in settlement of the Action, nor shall it be required to bear any other fees, costs, charges, or extended ten year warranty expenses in connection with the Settlement (exclusive of the costs of CAFA notice and incurred implementation of account credits as provided in Section X of this Agreement). Defendant also shall not be required to take any out-of-pocket expenses action or refrain from taking any action as a result of that failure, will receive a $75 Service Rebate Certificate valid for one year from this Settlement except to fulfill its obligations to implement the date it is issued, terms of this Agreement as specifically provided herein. 63. In addition to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide the Settlement Administrator with evidence Payment Amount described in the preceding paragraph, and subject to the occurrence of the Copper Coil failure and may do so by submittingEffective Date, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence Defendant shall provide Five Million Dollars ($5,000,000.00) in the form of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an 11 authorized JCI Dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator reductions to the Authorized Claimant by check within thirty (30) days after submission outstanding balances of such proof. 16. All Participating Settlement Class Members who are Authorized Claimants and who prior whose Accounts were closed with amounts owed to the Preliminary Approval Date experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up Defendant. This Overdraft Forgiveness Amount shall serve to $550.00 for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of reduce the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 17. All that Participating Settlement Class Members who are Authorized Claimants owe to Defendant for Overdraft Fees, NSF Fees, and who after the Preliminary Approval Date experience a first failure of a Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid overdrafts Defendant paid but for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty (30) days after submission of such proofwhich Defendant was not reimbursed. 1864. All Settlement Class Members who are Authorized Claimants and who experience two or more failures Defendant has discontinued assessing Overdraft Fees for debit card transactions that were authorized at a time when the account's Available Balance was positive. Defendant agrees to work with Plaintiffs' counsel in good faith to estimate the annual fee impact of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after the Preliminary Approval Date, and paid this practice change for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of each Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidencebusiness checking accounts. 1965. Under no circumstances shall JCI be required Defendant intends to provide any relief or bear any costs or expenses other than as expressly set forth discontinue charging NSF Fees (overdraft-return fees) for business checking accounts. Defendant agrees to work with Plaintiffs’ counsel in good faith to estimate the annual fee impact of this Settlement Agreementpractice change for business checking accounts.

Settlement Consideration. 151. All Settlement Class Members who are Authorized Claimants In consideration for the release and who prior to the Preliminary Approval Date experienced one failure of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any out-of-pocket expenses as a result of that failuredischarge provided herein, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide Defendants shall pay the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide Amount into the Settlement Administrator with proof of service by an 11 authorized JCI Dealer within 120 days of such service being performedFund Account. 2. The rebate will Settlement Amount shall be paid directly by the Settlement Administrator to the Authorized Claimant by check within thirty as follows: a. Thirty (30) days after submission entry of the Court's Preliminary Approval Order of the settlement, the entire settlement amount shall be deposited into the Settlement Fund Account. All funds held by the Settlement Fund Deposit Holder shall be deemed to be in the custody of the Court until such prooftime as the funds shall be distributed to Class Members or otherwise disbursed pursuant to this Settlement Agreement and/or further order of the Court. 16. All Settlement b. The Class Members who are Authorized Claimants and who prior to will be responsible for the Preliminary Approval Date experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts costs as well as expenses associated with the replacement of their Copper Coilssettlement, will receive a check administration, settlement approval, class action settlement and/or notice related expenditures, the Claims Administrator, and the Court Appointed Disbursing Agent. 3. The Parties agree that, at such time as reimbursement for their out-of-pocket expenses of up the Effective Date has occurred, the Claims Administrator may proceed to $550.00 for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide allocate and distribute the Class Settlement Administrator with evidence Fund to the members of the Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid outPayor Sub-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 17. All Settlement Class Members who are Authorized Claimants and who after the Preliminary Approval Date experience a first failure of a Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed. The rebate will be paid directly by the Settlement Administrator according to the Authorized Claimant by check within thirty (30) days after submission terms of such proof. 18. All Settlement Class Members who are Authorized Claimants and who experience two or more failures of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, if at least one of the failures occurs after the Preliminary Approval Date, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of each Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence. 19. Under no circumstances shall JCI be required to provide any relief or bear any costs or expenses other than as expressly set forth in this Settlement Agreement. 4. The members of "Sub-Class 1" or "Attempt to Recover Sub-Class" shall not be charged for the Medical Services provided by Defendants over the course of the Class Period. Defendants agree that they will take no further action to collect amounts billed to members of the Attempt To Recover Sub-Class for medical services provided during the the Class Period. If a member of the Attempt To Recover Sub-Class believes that Defendants have caused a negative credit reference to be placed in such member’s file at a national credit reporting agency on account of such member’s failure to timely pay Defendants for amounts billed for medical services provided during the the Class Period, such member shall provide Defendants with a description of the negative credit reference and the name and address of the credit reporting agency in whose records the negative credit reference is alleged to appear. Such information shall be provided within the time limits set by the Court for the filing of claims by members of the Payor Sub-Class. Where such information is timely provided, Defendants shall use their bests efforts to cause such negative credit reference to be removed from such member’s credit report. Members of the Attempt To Recover Sub-Class will receive the benefits set forth above without the necessity of filing a formal claim, except that a member of the Attempt To Recover Sub-Class must timely provide the information set forth above if such member wishes to have a negative credit reference removed from his or her credit file. 5. In the event the Settlement Agreement does not receive Final Approval from the Court, or does not become Final for some other reason, all of the funds in the Settlement Fund Account not previously spent or otherwise depleted through invoices for services or expenses incurred in connection with the administration of the Settlement, shall be returned to Defendants including interest earned thereon.