AGREEMENT BETWEEN REFUND ADVOCACY, LLC AND CLAIMANT

This agreement confirms that the undersigned, (hereinafter “Claimant”) has hired Refund Advocacy, LLC (“RA”) to assist Claimant in filing a claim to participate in the In re Pork Antitrust Litigation (Indirect Purchaser Actions), Case No. 0:18-cv-01776 (D. Minn.) and/or In re: Broiler Chicken Antitrust Litigation (End-User Consumer Action), Case No. 1:16-cv-08637 (N.D. Ill.) (the Litigation).

1. Claimant hereby appoints RA as its agent and attorney-in-fact to act for it in any lawful way with respect to filing and processing a claim (including, but not limited to, signing a claim form as agent or attorney-in-fact for the Claimant) relating to Claimant’s participation in the Litigation. RA is authorized to act as the contact person for Claimant’s claim; gather supporting documentation; sign forms; receive, endorse, negotiate and deposit settlement checks to retain RA’s contractual percentage of the proceeds; and take all other actions necessary to process Claimant’s claim.
2. Claimant directs the Claims Administrator (the “CA”) appointed in the Litigation to direct all communication and correspondence, including Claimant’s financial recovery (the “Recovery”), directly to RA. Claimant directs the CA to make the Recovery payable to both RA and Claimant. Claimant authorizes RA to correspond and communicate directly with the CA on Claimant’s behalf and Claimant authorizes the CA to release to RA any records in its possession to which Claimant would be entitled.
3. Claimant agrees to pay RA thirty-three percent (33%) of the total proceeds Claimant receives from the litigation. RA agrees to pay all costs associated with obtaining these proceeds unless otherwise agreed to by Claimant in writing. If total cost to process and remit payment to claimant is greater than the total award due to Claimant RA reserves the right retain the award. CLAIMANT WILL NOT OWE ANY COMPENSATION TO RA IF CLAIMANT DOES NOT RECEIVE ANY PROCEEDS.
4. Unless Claimant provides written information to the contrary, Claimant confirms that it is not subject to backup withholding by the Internal Revenue Service.
5. RA is a private company and is not affiliated with, or acting on behalf of, class counsel or the CA. RA is not a law firm and does not offer legal advice. This Agreement authorizes, but does not require, RA to act for Claimant. Claimant directs that any third party who receives a copy of this document to act in reliance on it.
6. The information about Claimant that is provided by Claimant or is obtained by RA through Claimant to this Agreement is confidential and proprietary information of claimant. RA will use such information solely for the purpose of filing and addressing claims(s) on behalf of Claimant and not for any other purpose. Following the completion of the claim process and upon payment for services rendered, RA will destroy any and all confidential information about Claimant except for one copy that RA may keep for its records.
7. Claimant shall fully defend, indemnify, and hold harmless RA from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever, including without limitation all claims for monetary loss or equitable relief, arising out of, in any way whatsoever, any acts or omissions on the part of Claimant relating to this Agreement. The intent of the Parties is to provide as broad an indemnification as possible under Minnesota law.
8. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
9. This Agreement and the attached AUTHORIZATION AGREEMENT contain the entire agreement between the Claimant and RA related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
10. The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document.
11. Any specific right or remedy provided in this contract will not be exclusive but will be cumulative of all other rights and remedies.
12. Except for the indemnification provision in paragraph 7, absent their willful or intentional misconduct, neither party shall be liable to the other in contract, tort or otherwise for indirect, incidental or consequential damages of any kind, including, without limitation, punitive damages, economic damages or lost profits, regardless of whether either party shall have reason to know of or in fact knows of the possibility of such damages. Claimant agrees that under all circumstances, it will limit the dollar amount of any claim against RA to the same dollar amount that claimant would be legally entitled to as a participant in the settlement of the Litigation. This amount is not a substitute for the amount the claimant receives from the Litigation, it just identifies the maximum amount of damages for any claim made against RA.
13. If either party breaches any provision of this Agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other party specifying such breach in reasonable detail, the non- breaching party shall have the right to terminate this Agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.
14. The parties agree, that to the extent allowed by law, this agreement is to be interpreted pursuant to Minnesota substantive law and any claims relating to this Agreement shall be heard in Minnesota courts, located in Hennepin County.