FINAL ORDER AND JUDGMENT

SUSAN J. DLOTT, Chief District Judge.

On February 13, 2014, Janet Green ("Plaintiff) filed a class action complaint (hereinafter referred to as the "Lawsuit") against Dressman Benzinger Lavelle, PSC ("Defendant") in the United States District Court for the Southern District of Ohio, Case No. 1:14-cv-00142-SJD, asserting class claims under the Fair Debt Collection Practices Act (hereinafter referred to as the "FDCPA"), 15 U.S.C. § 1692, et seq.

Defendant has denied any and all liability alleged in the Lawsuit.

On July 28, 2014, after arms-length negotiations, Plaintiff and Defendant (hereinafter jointly referred to as the "Parties") entered into a Class Action Settlement Agreement (hereinafter referred to as the "Settlement Agreement"), which is subject to review under Fed. R. Civ. P. 23.

On August 11, 2014, the Parties filed the Settlement Agreement, along with their Motion for Preliminary Approval of Class Action Settlement (the "Preliminary Approval Motion").

In compliance with the Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(D), 1453, and 1711-1715, Defendant served written notice of the proposed class settlement on the United States Attorney General and the Attorney Generals of Kentucky and Ohio.

On September 18, 2014, upon consideration of the Parties' Preliminary Approval Motion and the record, the Court entered an Order of Preliminary Approval of Class Action Settlement (hereinafter referred to as the "Preliminary Approval Order"). Pursuant to the Preliminary Approval Order, the Court, among other things, (i) preliminary certified a class of plaintiffs (hereinafter referred to as the "Class Members") with respect to the claims asserted in the Lawsuit; (ii) preliminary approved the proposed settlement; (iii) appointed Plaintiff Janet Green as the Class Representative; (iv) appointed James L. Davidson of Greenwald Davidson PLLC as Class Counsel; (v) appointed Ronald S. Weiss as the Law Offices of Ronald S. Weiss as Liaison Counsel and, (vi) set the date and time of the Settlement Approval Hearing.

On December 26, 2014 the Parties filed their Motion for Final Approval of Class Action Settlement (the "Final Approval Motion").

On January 15, 2015, a Final Approval Hearing was held pursuant to Fed. R. Civ. P. 23 to determine whether the Lawsuit satisfies the applicable prerequisites for class action treatment and whether the proposed settlement is fundamentally fair, reasonable, adequate, and in the best interest of the Class Members and should be approved by the Court.

The Parties requested final certification of the settlement class under Fed. R. Civ. P. 23 (b)(3) and final approval of the proposed class action settlement.

The Court has read and considered the Settlement Agreement, Motion for Final Approval, and record. All capitalized terms used herein have the meanings defined herein and/or in the Agreement.

NOW, THEREFORE, IT IS HEREBY ORDERED:

1. The Court has jurisdiction over the subject matter of the Lawsuit and over all settling parties hereto.

2. CLASS MEMBERS — Pursuant to Fed. R. Civ. P. 23(b)(3), the Lawsuit is hereby certified, for settlement purposes only, as a class action on behalf of the following class of plaintiffs (hereinafter referred to as the "Class Members") with respect to the claims asserted in the Lawsuit:

All persons throughout the state of Ohio to whom Dressman Benzinger Lavelle, PSC mailed or caused to be mailed, between February 13, 2013 and February 12, 2014, in connection with an attempt to collect a consumer debt, a communication by U.S. mail contained in an envelope with the name "DBL Collections" on the outside of it.

3. The parties believe that there are 401 Class Members.

4. CLASS REPRESENTATIVE AND CLASS COUNSEL APPOINTMENT — Pursuant to Fed. R. Civ. P. 23, the Court certifies Plaintiff Janet Green as the Class Representative. James L. Davidson of Greenwald Davidson PLLC is certified as Class Counsel. Ronald S. Weiss of the Law Offices of Ronald S. Weiss is certified as Liaison Counsel.

5. NOTICE TO THE CLASS — Pursuant to the Court's Preliminary Approval Order, the approved class action notices were mailed. The form and method for notifying the Class Members of the settlement and its terms and conditions was in conformity with this Court's Preliminary Approval Order and satisfied the requirements of Fed. R. Civ. P. (23)(c)(2)(B) and due process, and constituted the best notice practicable under the circumstances. The Court finds that the notice was clearly designed to advise the Class Members of their rights.

6. FINAL CLASS CERTIFICATION — The Court finds that the Lawsuit satisfies the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23, namely:

7. The Court finds that the settlement of the Lawsuit, on the terms and conditions set forth in the Settlement Agreement, is in all respects fundamentally fair, reasonable, adequate, and in the best interest of the Class Members, especially in light of the benefits to the Class Members; the strength of the Plaintiffs case; the complexity, expense, and probable duration of further litigation; the risk and delay inherent in possible appeals; the risk of collecting any judgment obtained on behalf of the class; and, the limited amount of any potential total recovery for the Class. See UAW v. Gen. Motors Corp., 497 F.3d 615, 631 (6th Cir. 2007) (setting forth factors that govern the inquiry of whether a class action settlement is fair, reasonable and adequate).

8. SETTLEMENT TERMS — The Settlement Agreement, which is attached hereto as Exhibit A and shall be deemed incorporated herein, and the proposed settlement is finally approved and shall be consummated in accordance with the terms and provisions thereof, except as amended by any order issued by this Court. The material terms of the Settlement Agreement include, but are not limited to, the following:

A. Settlement Fund — Defendant shall establish a $12,500.00 Settlement Fund (the "Settlement Fund") pursuant to 15 U.S.C. § 1692k(a)(2)(B)(ii).

B. Settlement Payment to Class Members — Each Class Member who has not excluded himself or herself from the Class with a postmark date no later than 60 days after the Court's entry of the Order of Preliminary Approval of Class Action Settlement shall receive a pro rata share of the Settlement Fund. Each settlement check will be void sixty (60) days after mailing. To the extent that any funds remain in the Settlement Fund after the void date (from uncashed checks or otherwise), these funds will be redistributed to Class Members if such a distribution, after the associated costs are deducted, will allow for additional payments of at least $5.00. Otherwise the remaining funds will be paid to Legal Aid Society of Greater Cincinnati, the cy pres recipient.

C. Incentive Award to Plaintiff Janet Green — Plaintiff Janet Green shall receive from Defendant the sum of $1,000.00 for her work in pursuing these claims and securing a recovery for the Class. This payment shall be separate and apart from the Settlement Fund and her pro-rata share of the same.

D. Attorney's Fees and Expenses for Class Counsel: Defendant shall pay Plaintiff's attorneys' fees, costs and expenses in the amount of $30,000.00, separate and apart from the Settlement Fund and the Incentive Award to Plaintiff.

E. Settlement Administration: Separate from the Settlement Fund, the Incentive Award to Plaintiff and the Attorney's Fees and Expenses for Class Counsel, Defendant shall be responsible for paying the costs of administration of the settlement.

9. OBJECTIONS AND EXCLUSIONS — The Class Members were given an opportunity to object to the settlement. No Class Member objected to the settlement. One Class Member made a valid and timely request for exclusion. The identity of that person is Jimmy Morris.

10. This Order is binding on all Class Members, except Jimmy Morris, who validly and timely excluded himself from the Class.

11. RELEASE OF CLAIMS AND DISMISSAL OF LAWSUIT — The Class Representative, Class Members, and their successors and assigns are permanently barred and enjoined from instituting or prosecuting, either individually or as a class, or in any other capacity, any of the Released Claims against any of the Released Parties, as set forth in the Settlement Agreement. Pursuant to the release contained in the Settlement Agreement, the Released Claims are compromised, settled, released, discharged, by virtue of these proceedings and this order.

12. This Order is not, and shall not be construed as, an admission by Defendant of any liability or wrongdoing in this or in any other proceeding.

13. The Court hereby retains continuing and exclusive jurisdiction over the Parties and all matters relating to the Lawsuit and/or Settlement Agreement, including the administration, interpretation, construction, effectuation, enforcement, and consummation of the settlement and this order, including the award of attorneys' fees, costs, disbursements, and expenses to Class Counsel.

IT IS SO ORDERED.

CLASS ACTION SETTLEMENT AGREEMENT

This Class Action Settlement Agreement (hereinafter referred to as the "Agreement"), dated July 28, 2014, is entered into between Janet Green (hereinafter referred to as "Plaintiff or "Class Representative"), individually and on behalf of the "Class Members" (as defined below), and Dressman Benzinger Lavelle, PSC (hereinafter referred to as "Dressman"). This Agreement is intended by Dressman and Plaintiff, on behalf of herself and the Class Members (hereinafter collectively referred to as the "Parties"), to fully, finally, and forever resolve, discharge, and settle the "Released Claims" (as defined below), upon and subject to the terms and conditions contained herein.

RECITALS

WHEREAS, on February 13, 2014, Plaintiff filed a class action complaint (hereinafter referred to as the "Lawsuit") against Dressman in the United States District Court for the Southern District of Ohio, Case No. 1:14-cv-00142-SJD, asserting putative class claims arising from the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq.

WHEREAS, Plaintiff has alleged that Dressman violated 15 U.S.C. § 1692f and 15 U.S.C. § 1692f(8) by sending debt collection correspondence to consumers with the phrase "DBL Collections" on the outside of the mailing envelopes;

WHEREAS, the Parties desire and intend to settle and resolve all of the claims asserted in the Lawsuit;

WHEREAS, the Parties wish to avoid the expense and uncertainty of litigation;

WHEREAS, the Parties believe that settlement by way of this Agreement is in their best interest;

WHEREAS, counsel for the Class Members have conducted an evaluation of the claims to determine how best to serve the interests of the Class Members;

WHEREAS, counsel for the Class Members believe, in view of the costs, risks, and delays of continued litigation and appeals balanced against the benefits of settlement to the Class Members, that the class settlement as provided in this Agreement is in the best interest of the Class Members and is a fair, reasonable, and adequate resolution of the Lawsuit;

WHEREAS, prior to entering into this Agreement, counsel for the Parties engaged in extensive arms-length negotiations;

WHEREAS, Dressman has provided an affidavit to Plaintiff attesting to its net worth and approximate number of Class members;

WHEREAS, the Parties desire and intend to seek court approval of the settlement of the Lawsuit as set forth in this Agreement and, upon court approval, to seek entry of a Final Approval Order and subsequently an order dismissing with prejudice the claims of the Plaintiff and Class Members as set forth herein;

WHEREAS, the Parties and their counsel agree to recommend approval of this Agreement to the Court and to any regulatory authority responding to the proposed settlement pursuant to the Class Action Fairness Act of 2005 (hereinafter referred to as "CAFA"), Pub. L. No. 109-2, 119 Stat. 4;

WHEREAS, the Parties agree to undertake all steps necessary to effectuate the terms and purposes of this Agreement, to secure the Court's approval of same, and contemplate that they will oppose any objections to the proposed settlement, including objections by any regulatory authority after CAFA notices are issued, and oppose any appeals from any orders of final approval.

WHEREFORE, in consideration of the promises, representations, and warranties set forth, the Parties stipulate and agree:

1. DEFINITIONS — The following definitions shall apply to this Agreement:

A. "Effective Date" shall mean the first date after "Final Order Day" (as defined below) (and after Dressman fulfills the obligations required under 21 of this Agreement.

B. "Final Order Day" shall mean the day upon which the Final Approval Order becomes "Final." The Final Approval Order shall become "Final" upon the expiration of any available appeal period following entry of the Final Approval Order. If any appeal is filed from the Final Approval Order, then the Final Order Day shall be the first date after the conclusion of all appeals, so long as the Final Approval Order is not reversed or vacated.

C. "Class Members" shall mean all persons throughout the state of Ohio to whom Dressman mailed or caused to be mailed, between February 13, 2013 and February 12, 2014, in connection with an attempt to collect a consumer debt, a communication by U.S. mail contained in an envelope with the name "DBL Collections" on the outside of it. The Parties agree there are approximately 395 Class Members, including Plaintiff.

D. "Released Claims" shall mean any and all claims, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses, and attorneys' fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, or foreign law right of action or of any other type or form (whether in contract, tort, or otherwise, including statutory, common law, property, and equitable claims), between February 13, 2013 and February 12, 2014, which Plaintiff or Class Members have that arise out of, or are based upon, the conduct alleged in the Lawsuit — including specifically claims that Dressman mailed debt collection correspondence in envelopes with the name "DBL Collections" on the outside of than — by the Released Parties, including, but not limited to, claims under or for violations of the FDCPA, violations of any other federal or state debt collection practices acts, invasion of privacy, conversion, breach of contract, unjust enrichment, specific performance and/or promissory estoppel, regardless of whether those claims are known or unknown at the time this Agreement is entered into, and regardless of any information that may be discovered in future, which Plaintiff or Class Members have that arise out of, or are based upon, the conduct alleged in the Lawsuit.

E. "Released Parties" shall mean Dressman Benzinger Lavelle, PSC and each of their past, present, and future directors, officers, employees, partners, principals, agents, underwriters, insurers, co-insurers, re-insurers, shareholders, attorneys, and any related or affiliated company, including any parent, subsidiary, predecessor, or successor company, and all assigns, licensees, divisions, joint ventures, and any entities directly involved in the Lawsuit.

2. CLASS CERTIFICATION — Concurrent with seeking preliminary approval of the settlement, counsel for the Parties shall jointly seek certification, pursuant to Fed. R. Civ. P. 23 (b)(3), of a class as defined above in ¶ 1(C).

3. CLASS REPRESENTATIVE AND CLASS COUNSEL APPOINTMENT — For settlement purposes, and subject to Court approval, Plaintiff, Janet Green, is appointed as the Class Representative for the Class Members, James L. Davidson of Greenwald Davidson PLLC is appointed as counsel for the Class Members ("Class Counsel") and Ronald S. Weiss of the Law Offices of Ronald S. Weiss is appointed as Liaison Counsel.

4. ORDER OF PRELIMINARY APPROVAL — Within 20 business days after this Agreement is fully executed, counsel for the Parties shall jointly request that the Court enter an Order of Preliminary Approval of Class Action Settlement in substantially the same form attached as Exhibit A.

5. FINAL ORDER AND JUDGMENT — If the settlement is approved preliminarily by the Court, and all other conditions precedent to the settlement have been satisfied, counsel for the Parties shall jointly request that the Court enter a Final Order and Judgment in substantially the same form attached as Exhibit B.

6. Upon entry of the Final Order and Judgment, the Parties expressly waive any and all rights to appeal any orders issued by the Court in connection with the Lawsuit.

7. ADMINISTRATION AND NOTIFICATION PROCESS — A third party class administrator jointly selected by and agreeable to the parties ("Class Administrator") shall administer the settlement and notification of the settlement to the Class Members. The costs and expenses for the administration of the settlement and class notice, shall be borne by Dressman separate and apart from the Settlement Fund as defined below and separate and apart from any attorney's fees and expenses awarded to Plaintiffs counsel. The Class Administrator will be responsible for mailing the approved class action notice and settlement checks to the Class Members.

8. The Class Administrator shall, as expeditiously as possible but not to exceed 25 days from the Court's entry of the Order of Preliminary Approval of Class Action Settlement, provide notice of the settlement to the Class Members as follows:

Written Notice — The Class Administrator will send via U.S. mail written notice of the settlement to each Class Member at his or her last known valid address, address correction requested. Before sending the written notice, the Class Administrator shall confirm and, if necessary, update the addresses for the Class Members through the standard methodology it currently uses to update addresses. If any notice is returned with a new address, the Class Administrator will re-mail the notice to the new address and shall update the Class Member address list with all forwarding addresses. The notice to the Class Members shall be in substantially the form attached as Exhibit C.

B. CAFA Notice. Defendant shall be responsible for serving the Class Action Fairness Act ("CAFA") notice required by 28 U.S.C. § 1715 within 10 days of the filing of the Preliminary Approval Motion.

9. REQUESTS FOR EXCLUSION AND OBJECTIONS — The Class Administrator shall administer the receipt of any and all requests for exclusion.

10. Any Class Member who desires to be excluded from the class must send a written request for exclusion to the Class Administrator with a postmark date no later than 60 days after the Court's entry of the Order of Preliminary Approval of Class Action Settlement. The Class Administrator shall provide a list of the names of each Class Member who submitted a timely exclusion to Class Counsel after the deadline passes. A copy of this list will be filed with the Court, along with the Parties' Motion for Final Approval of Class Action Settlement.

11. In the written request for exclusion, the Class Member must set forth his or her full name, address, telephone number and email address (if available), along with a statement that he or she wishes to be excluded.

12. Any Class Member who submits a valid and timely request for exclusion shall not be bound by the terms of this Agreement.

13. Any Class Member who intends to object to the fairness of this settlement must file a written objection with the Court within 60 days from the Court's entry of the Order of Preliminary Approval of Class Action Settlement. Further, any such Class Member must, within the same time period, provide a copy of the written objection to Class Counsel and Counsel for Dressman via U.S. Mail.

14. In the written objection, the Class Member must state: his or her full name, address, telephone number, and email address (if available); the reasons for his or her objection; and, whether he or she intends to appear at the fairness hearing on his or her own behalf or through counsel. Further, the Class Member must attach to his or her objection any documents supporting the objection.

15. Any Class Member who does not file a valid and timely objection to the settlement shall be barred from seeking review of the settlement by appeal or otherwise.

16. When responding to any inquiry from a Class Member, Plaintiff and Class Counsel will confirm that they believe the settlement is fair and reasonable.

17. Subject to approval by the Court, a fairness hearing will be conducted regarding the settlement within 90 days from the Court's entry of the Order of Preliminary Approval of Class Action Settlement. Under Rule 23(c)(2)(B)(iv) of the Federal Rules of Civil Procedure, the Class Members shall be notified that they may enter an appearance through an attorney at their own expense if the member so desires.

18. THE EFFECTIVE DATE — As defined in ¶ 1 (A), the "Effective Date" shall be the first date after Final Judgment Day and after Dressman completes the performance requirements under ¶ 21 of this Agreement.

19. RELEASES — As of the Effective Date, Plaintiff and the Class Members fully, finally, and forever settle, release, and discharge the Released Parties from the Released Claims, and are forever barred from asserting any of the Released Claims in any court or forum whatsoever against any of the Released Parties.

20. The provisions of any state, federal, municipal, local, or territorial law or statute providing in substance that releases shall not extend to claims, demands, injuries, or damages that are unknown or unsuspected to exist at the time a settlement agreement is executed and approved by a court are hereby expressly, knowingly, and voluntarily waived by Plaintiff and the Class Members.

21. SETTLEMENT CONSIDERATION — In consideration for the foregoing releases, the Parties agree to the following:

A. Settlement Fund and Payment to Class Members — Dressman, in consultation with its insurer, shall establish a $12,500.00 Settlement Fund (the "Settlement Fund") for the Class pursuant to 15 U.S.C. § 1692k(a)(2)(B)(ii).

The Class Administrator shall send via U.S. mail, address correction requested, the class notice to each Class Member at his or her last known valid address. Each Class Member will be sent the Notice described in 8, but Class Members do not have to return a claim form to receive a cash payment. Any Class Member who does not submit a valid and timely request for exclusion with a postmark date no later than 60 days after the Court's entry of the Order of Preliminary Approval of Class Action Settlement shall be entitled to participate in the settlement as follows:

The Settlement Fund will be distributed on a pro-rata basis among those Class Members who do not timely request an exclusion. Within 10 days after the Final Order Day, Dressman and the Class Administrator shall send via U.S. mail a settlement check to each Class Member who has not timely requested an exclusion. Dressman's obligations pursuant this paragraph will be considered fulfilled upon the mailing of the settlement checks, regardless of whether any settlement check is received, returned, or cashed, except that the Class Administrator will be obligated to take reasonable steps to forward all settlement checks returned with a forwarding address to such forwarding address. Each settlement check will be will be void sixty (60) days after mailing.

To the extent that any funds remain in the Settlement Fund after the void date (from uncashed checks or otherwise) that would allow a second pro rata distribution to the qualifying Class Members equal to or greater than $5.00 per qualifying Class Member, a second pro rata distribution will be made. If a second pro rata distribution is not made, the uncashed amount will be paid to a non-profit(s) entity to be determined as a cy pres recipient. If a second pro rata distribution is made, the amount of any checks that remain uncashed after 60 days of the second pro rata distribution will be distributed to the cy pres recipient.

B. Cessation of Use of Envelope with "DBL Collections" On the Outside — Dressman stopped using the DBL Collections envelopes by, at the latest, December 12, 2013, when informed of the potential FDCPA violation by attorneys for Plaintiff. Dressman agrees to cease using DBL Collections envelopes in the future as partial consideration for this settlement.

C. Incentive Award to Plaintiff Janet Green — In addition to her pro-rata share of the Settlement Fund, Plaintiff Janet Green shall apply to the Court for $1,000.00 as an incentive award for her work in pursuing this case on behalf of the Class. Dressman agrees not to oppose Plaintiff's request for an incentive award as long as that request does not exceed $1,000.00. Any incentive award awarded by the Court to Plaintiff is separate and apart from the Settlement Fund, and will be paid by Dressman within 10 days after the Final Order Day.

D. Attorney's Fees and Expenses for Class Counsel — In advance of the Final Settlement Hearing, Class Counsel shall file an application for attorneys' fees, costs, and amount not to exceed $30,000.00, subject to approval by the Court, Dressman will not object to the fee, cost, and expense application, provided the application seeks no more than $30,000.00. Any amount awarded to Class Counsel for attorneys' fees, costs, and expenses paid by Dressman (separate and apart from the Settlement Fund and any incentive award to Plaintiff.

Dressman shall forward to Class Counsel the check for the attorneys' fees, costs and expenses awarded by the Court no later than 10 days after the Court's order related to such fees, costs, and expenses becomes final (non-appealable). Upon payment of attorneys' fees, costs, and expenses to Class Counsel, the Released Parties shall have no further obligation with respect to Class Counsel's fees, costs, and expenses, or the fees, costs, or expenses of any other attorney on behalf of Plaintiff or any Class Member.

E. Settlement Administration — Separate from the Settlement Fund, the any incentive award to Plaintiff Janet Green and the Attorney's Fees and Expenses, Dressman shall be responsible for paying the costs of administration of the settlement.

22. COVENANT NOT TO SUE — Plaintiff agrees and covenants, and each Class Member will be deemed to have agreed and covenanted, not to sue any Released Party with respect to any of the Released Claims, or otherwise to assist others in doing so, and agree to be forever barred from doing so, in any court of law or equity, or any other forum.

23. TERMINATION — After completing a good faith negotiation, Class Counsel and Dressman shall each have the right to terminate this Agreement by providing written notice to the other within 7 days following:

A. The Court's refusal to enter an Order of Preliminary Approval of Class Action Settlement in substantially the form attached as Exhibit A;

B. The Court's refusal to approve the settlement following notice to the Class Members and the fairness hearing; or

C. The Court's refusal to enter a Final Order and Judgment in substantially the form attached as Exhibit B.

24. If either Class Counsel or Dressman terminates this Agreement as provided herein, the Agreement shall be of no force and effect and the Parties' rights and defenses shall be restored, without prejudice, to their respective positions as if this Agreement had never been executed.

25. MISCELLANEOUS PROVISIONS — Any exhibits to this Agreement are an integral part of the settlement and are expressly incorporated herein as part of this Agreement.

26. This Agreement is for settlement purposes only. The Parties acknowledge that this Agreement is not an admission of wrongdoing, negligence, or liability by Dressman, or any Released Party. This Agreement shall not be offered or be admissible against Dressman or any Released Party or cited or referred to, in any action or proceeding, except in an action or proceeding brought to enforce its terms.

27. No representations, warranties, or inducements have been made to any of the Parties, other than those representations, warranties, and covenants contained in this Agreement.

28. This Agreement contains the entire agreement between the Parties and supersedes any and all other agreements between the Parties. The terms of this Agreement are contractual.

29. This Agreement shall be interpreted in accordance with Ohio law.

30. Any dispute, challenge, or question relating to this Agreement shall be heard only by this Court.

31. The Parties shall request that the Court retain continuing and exclusive jurisdiction over the Parties to this Agreement, including the Plaintiff and all Class Members, and over the administration and enforcement of this Agreement.

32. This Agreement shall be binding upon and inure to the benefit of the Parties and their representatives, heirs, successors, and assigns.

33. In the event that any material provisions of this Agreement are held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect other provisions of this Agreement if Dressman and Class Counsel mutually elect to proceed as if the invalid or unenforceable provision had never been included in the Agreement.

34. This Agreement shall be deemed to have been drafted jointly by the Parties and, in construing and interpreting this Agreement, no provision of this Agreement shall be construed or interpreted against any party because such provision, or this Agreement as a whole, was purportedly prepared or requested by such party.

35. This Agreement may be signed in counterparts and the separate signature pages executed by the Parties and their counsel may be combined to create a document binding on all of the Parties and together shall constitute one and the same instrument.

36. Thirty (30) days after Class Members' checks become void, after the latter of either the first or second pro-rata distribution described in Paragraph 21(A), Dressman shall file a Notice of Compliance that it has complied with the terms of the Agreement, all Class Members have been issued checks, and any undistributed funds or uncashed checks have been sent to the agreed upon recipients. Fourteen days (14) after the Notice of Compliance has been filed, Plaintiff shall file a motion for dismissal with prejudice.

37. Notices/Communications. All requests, demands, claims and other communications hereunder shall: (a) be in writing; (b) be delivered by U.S. Mail; (c) be deemed to have been duly given on the date received; and (d) be addressed to the intended recipients as set forth below:

IN WITNESS WHEREOF, the Parties and their duly authorized attorneys have caused this Agreement to be executed: