Laserfiche WebLink
�' <br /> ,�, � � . h <br /> . <br /> 1.12 ]f the �mployer should desire to participate in a dass or multi-district settlement rather than defer lo the Claim Adminis- <br /> Iritor, the F,m��loyer may reverse the exercise of discrelion authorized herein by a17'innatively opting into a dass setUe- <br /> ment tuid by notifying ihe Claim Administrator o1'its decision in wriling, immediately upon making such determination <br /> as provided for under Scclion 25 NOTICI3S of the Agrcement. <br /> 1.13 "1'he Gmployer furiher acknowledges and agrees�hat, unless it notifies the Claim AdminisUator to the contrary in writing <br /> as provided for under Section 25 NOTICT'S of the Agreement, it consents to the terms and conditions of this Exhibil and <br /> authorizes the Claim Administrator, on behaN'of the Employer and/or the Plan, to: <br /> s�. Yursue claims that the Claim Administraror pursues on its own behalf in class action litigation,federal multi-district <br /> litigation,or otherwise, including, but not limited to, antitrusl,fraud,unfair and deceptive business or trade practice <br /> claims pursuant to and in accordance with the provisions of this Exhibit effective immediately; <br /> h. Opt out of any dass action settlement or keep the Employer and/or the Plan in the class, if the C1aim Administrator <br /> believes it is in the best interest of the parties to do so; <br /> c. Investigate and pursue recovery of monies unlawfully, illegally or wrongl�ully obtained from the Plan. <br /> 1.14 The Employer further acknowledges and agrees thal the Claim Administrator's decision to pursue recovery in connection <br /> with particular claims shall be in the Claim Administrator's sole discretion and the Claim Administrator does not enter <br /> into this undertaking as a fiduciary of the Plan or its Covered Persons,but only in connection with its undertaking to pursue <br /> recovery of claims of the Employer and/or the Plan when,as,and if the Claim Administrator determines that such daims <br /> may be pursued in the common interest of the parties. <br /> 1.15 "I'he parties agree in the event that the language in the Agreement shall be in conllict with this Exhibit, the provisions <br /> of this �xhibit shall prevail. <br /> i icsc n,nsn ae�.�/o� -31- <br />