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Caveat Emptor subpoena ad testificandum

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c. Pricing Review.

“Supplemental Opt-Out Deadline” means the deadline fixed by the Court to opt out of the Amended Settlement Agreement pursuant to Rule 23 of the Federal Rules of Civil Procedure.

Supplemental Notice. Class Counsel will submit to the Court a proposed Supplemental Notice of Class Action Settlement (“Supplemental Notice”) substantially in the form attached hereto as Attachment N Supplemental Notice). Class Counsel will recommend to the Court that the Supplemental Notice (translated into the same languages into which the original Notice was translated) be (a) emailed or sent by postal mail to all Persons who provided contact information on the Settlement Website or on a Claim Form, who opted out of the original Settlement Agreement, or who filed an objection, amicus position or other statement with the Court, (b) emailed or sent by postal mail to all authors’ and publishers’ groups and Reproduction Rights Organizations that assisted Plaintiffs in the dissemination of the original Notice, (c) placed on the Settlement Website, and (d) announced in and outside the United States, Canada, the United Kingdom and Australia with a press release issued by the Supplemental Notice provider. In addition, the Settlement Administrator will continue its informational toll-free telephone service. All Administrative Costs, including the costs of the Class Notice Program, shall be paid solely out of the Settlement Fund.

Media Inventory

Maintain a media inventory log to verify that periodic media inventories are performed. The ISR or his/her delegate should validate that such a log is maintained.

Digital media, such as hard drives and magnetic tape containing unencrypted Digitized Files, is tracked so that theft or loss of unencrypted Digitized Files can be detected. Media will be labeled in a way that facilitates tracking.