AVANT TOUTE OPÉRATION, VIDER COMPLÈTEMENT L'INSTALLATION!

102. The signatories hereto hereby represent that they are fully authorized to enter into this

SECTION XVII

MUTUAL FULL COOPERATION

103. The Parties agree to fully cooperate with each other to accomplish the terms of this Settlement, including but not limited to, execution of such documents and taking such other action as reasonably may be necessary to implement the terms of this Settlement.

The Parties to this Settlement shall use their best efforts, including all efforts

contemplated by this Settlement and any other efforts that may become necessary by order of the Court, or otherwise, to effectuate this Settlement and the terms set forth herein. As soon as practicable after execution of this Settlement, Class Counsel shall, with the assistance and cooperation of the Defendant and its counsel, take all necessary steps to secure the Court’s final approval of this Settlement.

104. Should the Court not approve the Agreement, or should the Court not approve and enter the Preliminary Approval Order (or in a form without any changes by the Court that either of the Parties deems material), the terms of this Agreement will be null and void, the Parties will retain all rights and defenses in this action, and all negotiations and information and materials pertaining in any way to this Agreement or the settlement of this action will be inadmissible. In such an event, the Parties agree in good faith to negotiate about appropriate revisions and re-submit for the Court’s approval. In the event this settlement is never approved by the Court, the Parties will retain all rights and

defenses in this action, and all negotiations and information and materials pertaining in any way to this action or the settlement of the Litigation will be inadmissible.

SECTION XVIII

DATA REASONABLY ACCURATE

105. The computation of Settlement Payments to Claimants is based on time and wage data supplied by Defendant. Defendant represents that, to the best of its knowledge and belief, all data supplied reflects the data that is actually recorded in Defendant’s payroll systems, and Defendant further understands that this representation is a material term of this Agreement.

SECTION XIX PUBLICITY

106. The Named Plaintiffs and their counsel agree not to publicize or contact the media about this Agreement or disclose any information about the negotiations process. The Named Plaintiffs’ counsel agrees not to post the terms of the settlement on any website or initiate contact with the media about the terms or the negotiations. If asked by the media, the Named Plaintiffs and their counsel will agree to state only that “The matter was amicably settled. The court did not find Defendants liable.” The Named Plaintiffs and their counsel agree that they will not circumvent this agreement by facilitating or encouraging any putative class members to do what Named Plaintiffs’ counsel has agreed not to do.

107. Nothing in this Section shall prevent the Parties from discussing the Settlement privately with any of the following: one another; the Court; Class Counsel; or their attorneys, tax consultants, and spouses.

SECTION XX

FAIR, ADEQUATE, AND REASONABLE SETTLEMENT

108. The Parties agree that the Settlement Agreement is fair, adequate, and reasonable, and

SECTION XXI

TERMINATING THE AGREEMENT

109. If this Settlement Agreement is not ultimately approved by the Court, the Settlement shall be deemed null and void, of no force and effect, of no probative value, and the Parties hereto represent, warrant, and covenant that it will not be used or referred to for any impermissible purpose.

110. If the number of Class Members who have duly requested exclusion from the Agreement in the manner provided in the Agreement equals or exceeds 10%, Defendant shall have the right, for twenty-one (21) business days after the deadline for Class Members to opt out, to either withdraw from and fully terminate this Agreement by providing written notice to Class Counsel and the Court, or not to withdraw from this Agreement. Failure to provide written notice to withdraw within the aforesaid twenty-one (21) day period constitutes a waiver and termination of Defendant’s right to withdraw pursuant to this Paragraph.

SECTION XXII

NO PRIOR ASSIGNMENTS

111. The Parties represent, covenant, and warrant that they have not directly or indirectly assigned, transferred, encumbered, or purported to assign, transfer, or encumber to any person or entity any portion of any liability, claim, demand, action, cause of action or rights released and discharged in this Settlement.

SECTION XXIII ENFORCEMENT ACTIONS

112. In the event any Party institutes any legal action or other proceeding to enforce the provisions of this Settlement Agreement or to declare rights and/or obligations under this

Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable attorneys’ fees and costs, including expert witness fees.

SECTION XXIV COMMUNICATIONS

113. Unless otherwise specifically provided, all notices, demands or other communications given under this Settlement shall be in writing and shall be deemed received on the third business day after mailing by United States registered or certified mail, return receipt requested, addressed as follows:

a. To Class Counsel: Christopher Williams, Workers’ Law Office, PC, 701 West Jackson Blvd., Suite 701, Chicago, IL 60604; Telephone: (312) 281-2916 Facsimile: (312) 929-2207; E-mail: [email protected].

b. To Counsel for Defendant: Gerald L. Maatman, Jr. Seyfarth Shaw, LLP, 131 South Dearborn Street, Suite 2400, Chicago, IL 60603; Telephone:

(312) 460-5000; Facsimile: (312) 460-7000.

SECTION XXV CONSTRUCTION

114. The Parties agree that the terms and conditions of this Settlement are the result of lengthy, intensive arms-length negotiations between the Parties, and that the Settlement shall not be construed in favor of or against any Party by reason of the extent to which any Party or his/her or its counsel participated in the drafting of this Settlement.

SECTION XXVI

CAPTIONS AND INTERPRETATIONS

115. Paragraph titles or captions contained in this Settlement are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Settlement or any of its provisions.

SECTION XXVII MODIFICATION

116. This Settlement Agreement may not be changed, altered, or modified, except in writing and signed by the Parties and approved by the Court. This Agreement may not be discharged except by performance in accordance with its terms or by a writing signed by the Parties and approved by the Court.

SECTION XXVII INTEGRATION CLAUSE

117. This Settlement Agreement contains the entire agreement between the Parties relating to the settlement of the Class Action Litigation, and all prior or contemporaneous

agreements, understandings, representations, and statements, whether oral or written and whether by a Party or such Party’s legal counsel, are merged in this Settlement. No rights under this Settlement may be waived except in writing.

SECTION XXIX