Victor Technologies Group, Inc. - FORM 8-K - EX-99.1

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8-K - 8-K - Victor Technologies Group, Inc.	d336734d8k.htm

Exhibit 99.1

RESOLUTION AGREEMENT

Between

The Defendants Identified Below

And

The Plaintiffs’ Counsel Listed on the Signature Pages Hereto

Dated as of January 18, 2012

RESOLUTION AGREEMENT

This AGREEMENT OF RESOLUTION (the “Agreement”), dated as of January 18, 2012, is made by and between (i) A.O. Smith Corporation, a Delaware corporation, Arcos Industries, LLC, an Ohio limited liability corporation, Avesta Polarit Welding, Inc., a New Jersey corporation, Böhler Welding Group USA, Inc., a New York corporation, CBS Corporation, a Delaware corporation f/k/a Viacom Inc., the successor by merger to CBS Corporation, a Pennsylvania corporation f/k/a Westinghouse Electric Corporation, Deloro Stellite, L.P. f/k/a Deloro Stellite Company, Inc., a Delaware limited partnership, Eutectic Corporation, a New York corporation, Hobart Brothers Company, an Ohio corporation, Linde LLC f/k/a The BOC Group, Inc. and/or Airco, Inc. and/or Air Reduction Company, Inc., a Delaware limited liability company, Praxair, Inc., a Delaware corporation, Sandvik, Inc., a Delaware corporation, Select-Arc Inc., an Ohio corporation, Socra Corporation, a Pennsylvania corporation, successor to Arcos Alloys Corporation, TDY Industries, Inc., a California corporation, Techalloy Company, Inc., a Pennsylvania corporation, The ESAB Group, Inc., a Delaware corporation, The Lincoln Electric Company, an Ohio corporation, Thermadyne Holdings Corporation, a Delaware corporation, and their affiliates, successors and assigns, (collectively, “Defendants”) and (ii) the Counsel listed on the Original Signature Pages and Ratification Signature Pages hereto on behalf of Plaintiffs, themselves and their respective law firms and law partners who presently or in the past have represented persons with claims against one or more Defendants involving Welding Fume Claims in either federal or state court and in In re Welding Fume Products Liability Litigation, MDL No. 1535 (the “MDL Proceeding”), a federal multi-district litigation proceeding that is venued in the United States District Court for the Northern District of Ohio (the “MDL Court”) (each such Counsel together with their respective law firms and law partners, once they sign or ratify the Agreement, shall be referred to as a “Plaintiffs’ Counsel”). Plaintiffs’ Counsel and Defendants may each be referred to as a “Party” and collectively as the “Parties.”

Certain capitalized terms used in this Resolution Agreement are defined throughout the Agreement.

PREAMBLE

This Agreement establishes a full and final resolution of all Claims arising from, related to, or in any way connected with allegations of potential injury, actual injury, or death due to exposure to manganese in welding fumes attributable to products of one or more Defendants (“Welding Fume Claims”), of the clients of all Plaintiffs’ Counsel against one or more of the Defendants, whether Asserted or Unasserted.

RECITALS

A. Each Plaintiffs’ Counsel represents one or more clients who have instituted lawsuits that are currently pending against one or more Defendants alleging Welding Fume Claims (“Asserted Claims”), including, but not limited to, Plaintiffs’ MDL Lead Counsel (“PLC”) and Plaintiffs’ MDL Executive Committee (“PEC”).

B. Each Plaintiffs’ Counsel also may have been retained prior to December 31, 2011 by one or more clients with purported timely Welding Fume Claims against one or more Defendants for which a lawsuit had not yet been instituted as of December 31, 2011 (“Unasserted Claims”); all of the clients described in paragraphs (A) and (B) of the Recitals, including those persons who have brought derivative claims, shall be referred to collectively as “Plaintiffs.” For purposes of this Agreement, “Plaintiffs” does not include persons who previously asserted Welding Fume Claims that were dismissed, with or without prejudice and who did not reinstitute such claims.

C. As of January 17, 2012 approximately 100 lawsuits were pending in the MDL Proceeding and approximately 700 lawsuits were pending in various other federal or state courts seeking damages against one or more Defendants for Welding Fume Claims.

D. Defendants, while not admitting any wrongdoing or liability, or conceding that Plaintiffs or others have suffered any cognizable injury, nonetheless wish to resolve Plaintiffs’ Asserted Claims and Unasserted Claims to avoid the costs, expense, time, and effort inherent in further litigation.

E. Plaintiffs’ Counsel, on behalf of and in the best interests of Plaintiffs, also wish to avoid the costs, expense, time, and effort inherent in litigation and in continuing to litigate Welding Fume Claims.

F. Defendants have agreed to pay collectively, in accordance with the provisions of this Agreement, the sum total amount of Twenty-One Million Five Hundred Thousand Dollars ($21,500,000.00) to resolve all Welding Fume Claims of all Plaintiffs, which shall be used by Plaintiffs’ Counsel solely to establish a structured private resolution program (the “Program”) to allocate and dispense the funds. The Program will be administered pursuant to a written protocol substantially in the form of the Claims Processing and Program Fund Allocation Protocol developed and adopted by Plaintiffs’ Counsel (the “Protocol”), attached as Exhibit A.

G. A material term of this Agreement, and a key objective of the Program, is that all Plaintiffs accept this Agreement in full and final resolution of their Welding Fume Claims and participate in the Program established by Plaintiffs’ Counsel.

H. Aside from agreeing to the monetary payments specified in Section 4.1, Defendants have not had, and will not have, any responsibility for or role in staffing, administering or operating the Program or the Protocol or in allocating or dispensing funds among Plaintiffs and Plaintiffs’ Counsel.

I. Neither this Agreement nor the Program and Protocol will be construed as evidence of, or as an admission by, any Defendant or any Released Party of any fault, Liabilities, wrongdoing or damages of any kind whatsoever or as an admission by any Plaintiff of a lack of merit in their claims.

Defendants and all Plaintiffs’ Counsel hereby agree as follows:

Article 1

Representations, Warranties and Obligations of Plaintiffs’ Counsel

Section 1.1. Representations and Warranties of Plaintiffs’ Counsel

1.1.1. Exhibit B to this Agreement sets forth all Plaintiffs of whom the Parties, to the best of their information and belief, are aware. Within forty-five (45) days of the Execution Date of this Agreement, Plaintiffs’ Counsel represent and warrant that they shall duly deliver or cause to be delivered to Defendants and the parties identified on Exhibit E a revised Exhibit B that contains the information requested as to each Plaintiff’s full name, gender, date of birth, Social Security number, and, if applicable, Medicare Health Insurance Claim Number (“HICN”). The same information shall also be provided for each person who has brought a derivative claim as the result of an alleged injury to a Plaintiff listed on Exhibit B. Exhibit B shall be modified by Plaintiffs’ Counsel to include any additional Plaintiffs with Asserted or Unasserted Welding Fume Claims of any Plaintiffs’ Counsel who ratifies this Agreement.

1.1.2. To the extent a Plaintiffs’ Counsel represents any clients with Unasserted Claims, such Plaintiffs’ Counsel represents and warrants that he had been retained in writing prior to December 31, 2011 by such clients alleging a purported timely Welding Fume Claim against one or more Defendants but for which a lawsuit has not yet been instituted as of December 31, 2011.

1.1.3. Each Plaintiffs’ Counsel represents and warrants that Plaintiffs who have Welding Fume Claims represented by them (i) are not subject to any previous resolution agreement with any Defendants, (ii) are not barred under res judicata/claim preclusion principles by virtue of an adverse judgment or dismissal with prejudice, (iii) are not barred by any applicable statute of limitations, and (iv) have not filed a dismissal with prejudice.

1.1.4. Plaintiffs’ Counsel represent and warrant that, subject to the individual acceptance and participation of their respective clients, they have the requisite authority to enter into this Agreement, and that, upon execution, the Agreement shall constitute a valid and binding contractual obligation, enforceable in accordance with its terms.

Section 1.2. Plaintiffs Participating in Agreement and Program

1.2.1. Each Plaintiffs’ Counsel has carefully reviewed this Agreement and has concluded that it is in the best interests of their respective clients covered by this Agreement, and represents a fair and efficient method of resolving those Plaintiffs’ Welding Fume Claims. Accordingly, Plaintiffs’ Counsel represent and warrant that they shall (subject to the exercise of their independent professional judgment as to the circumstances of individual clients) recommend that each of their respective Plaintiffs covered by this Agreement accept the terms set forth herein. The Parties recognize, however, that the decision whether to participate in the resolution set out in this Agreement rests with each individual Plaintiff.

1.2.2. If a Plaintiff fails to submit the documentation required by this Agreement in a timely manner or fails to timely cure any deficiencies in such required documentation, such Plaintiff’s Counsel shall file a motion to withdraw as counsel for that Plaintiff, provided that the conditions permitting counsel to withdraw under the applicable Rules of Professional Conduct in each jurisdiction in which such Plaintiff’s Counsel practices law and in each jurisdiction whose Rules of Professional Conduct are or may be applicable (the “Rules of Professional Conduct”) are satisfied.

1.2.3. Further, while nothing in this Agreement is intended to operate as a “restriction” on the right of Plaintiffs’ Counsel to practice law within the meaning of the Rules of Professional Conduct, Plaintiffs’ Counsel have no present intent to (i) solicit or represent new clients for the purpose of bringing Welding Fume Claims against any of the Defendants, (ii) share in any fee in connection with a future Welding Fume Claim, or (iii) except as required by a court, provide support or assistance to any other attorney, plaintiff, claimant, fact witness, or expert witness in connection with a Welding Fume Claim.

1.2.4. The provisions of this Agreement shall be construed in a manner consistent with Plaintiffs’ Counsel’s obligations under the Rules of Professional Conduct and shall not require nor permit any Plaintiffs’ Counsel to act inconsistently with such applicable rules or laws.

1.2.5. Plaintiffs’ Counsel represent and warrant that they each will use their best efforts to secure all documentation required for timely compliance with this Agreement, including Releases and, where applicable, Stipulations of Dismissal With Prejudice, from all Plaintiffs who are subject to this Agreement and otherwise effectuate the terms of this Agreement.

Article 2

Obligations of Plaintiffs

Section 2.1. Execution and Delivery of Releases

Within forty-five (45) days of the Execution Date of this Agreement, all Plaintiffs shall duly execute and deliver or cause to be delivered to Defendants valid and binding Releases in the form of the attached Exhibit C. Plaintiffs’ Counsel for each Plaintiff shall prepare the Releases. For Asserted Claims, Plaintiffs’ Counsel shall ensure that all Plaintiffs named in each complaint, including those with derivative claims, filed by that Plaintiffs’ Counsel are named in the Releases. In the event a Plaintiff is deceased, a Release signed by one legally authorized representative of the deceased Plaintiff’s estate shall be sufficient. For Unasserted Claims, Plaintiffs’ Counsel shall ensure that the Releases are properly executed by all necessary persons according to the laws of the applicable states. The Releases shall become effective upon Defendants making the Program Funding Payment set forth in Section 3.2.1. In addition, within the same forty-five (45) day period, each Counsel listed on Exhibit F shall have signed a Ratification Signature Page and delivered it to Defendants.

Section 2.2. Stipulations of Dismissal With Prejudice

Within forty-five (45) days of the Execution Date of this Agreement, each Plaintiff with Asserted Claims shall cause his respective Plaintiffs’ Counsel to execute and deliver to Defendants a Stipulation of Dismissal With Prejudice in a form substantially similar to the form attached as Exhibit D in order that the pending court proceeding of each Plaintiff with Asserted Claims will be dismissed with prejudice as to all Defendants and other parties in that pending court proceeding. The Stipulations of Dismissal With Prejudice shall not be filed until after Defendants make the Program Funding Payment set forth in Section 3.2.1.

Section 2.3. Failure to Timely Submit Releases and Stipulations of Dismissal With Prejudice.

Plaintiffs for whom Releases and, when required, Stipulations of Dismissal With Prejudice are not timely delivered pursuant to Section 2.1 and 2.2 shall not be eligible to participate in the Program.

Article 3

Representations, Warranties and Obligations of Defendants

Section 3.1. Representations and Warranties of Defendants

3.1.1. Each Defendant represents and warrants that it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation.

3.1.2. Each Defendant represents and warrants that all required corporate or other approvals have been obtained, permitting such Defendant’s undersigned representative to execute this Agreement and deliver it to Plaintiffs’ Counsel with binding effect upon such Defendant.

3.1.3. Each Defendant represents and warrants that, except as provided in this Agreement, no further approval, authorization, consent, order, notice to or filing or registration with any Governmental Authority is required with respect to such Defendant’s participation in, or performance under, this Agreement.

Section 3.2. Defendants’ Funding Obligation

3.2.1. Within fifteen (15) days of the expiration of the Termination Period in Section 5.1.1 without Defendants having exercised their Termination Right and receipt by Defendants of payment instructions from the PLC specifying all necessary information concerning the name and taxpayer identification number of the payee, applicable reference, routing or ABA numbers, and such other and further details so as to enable Defendants to make payment efficiently, and subject to the other terms and conditions of this Agreement, Defendants shall make payment in the total aggregate amount of Twenty-One Million Five Hundred Thousand Dollars ($21,500,000.00) (“Program Funding Payment”) to an account designated in writing by the PLC (“Plaintiffs’ Program Account”), distributions from which account shall be made solely by the Claims Administrator. Such funds, together with any interest earned, shall be referred to as the “Program Funds.” However, in no event shall the deadline for the Program Funding Payment to be made by Defendants occur prior to the expiration of the deadline for Defendants to exercise their Termination Right under Section 5.1.

3.2.2. The Program Funding Payment is the cumulative maximum total amount to be paid by all Defendants pursuant to this Agreement. No Defendant or Released Party shall ever be responsible or obligated to pay any further sums either pursuant to this Agreement or any Release obtained pursuant to this Agreement, including, but not limited to, any attorneys’ fees, expenses, costs, common-benefit attorneys’ fees, or ad litem fees.

3.2.3. Defendants’ obligations to Plaintiffs under this Agreement and the Releases obtained pursuant to this Agreement are fully and completely satisfied upon the transfer of the Program Funding Payment to Plaintiffs’ Program Account.

3.2.4. Defendants shall have no rights or responsibilities with respect to the Program Funds in Plaintiffs’ Program Account, except for those provided for in the event of the occurrence of the circumstances set out in Section 5.3.

Section 3.3. Limitations on Defendants’ Obligations.

3.3.1. Notwithstanding any term of this Agreement to the contrary, Defendants shall have no financial obligation under this Agreement to Plaintiffs or Plaintiffs’ Counsel other than the express obligation to make the Program Funding Payment described in Section 3.2.1.

3.3.2. Other than the Program Funding Payment described in Section 3.2.1, Defendants shall have no obligation to pay any fees, costs or expenses incurred in connection with (i) the staffing, administration, operation or management of the Program, (ii) the dismissals of any lawsuits, including any necessary court approvals or ad litem fees, or (iii) otherwise.

3.3.3. Each Plaintiffs’ Counsel is solely responsible for advising the Plaintiffs he represents concerning the terms of this Agreement and for establishing the Program to allocate the Program Fund among Plaintiffs and Plaintiffs’ Counsel, consistent with applicable law and the applicable Code and Rules of Professional Conduct. The Protocol and the determination of any individual amount to be paid under the Protocol shall not signify that Defendants or Released Parties have in any way agreed to the Protocol or those individual values. Defendants and Released Parties shall have no responsibility or Liability for (i) the Program, (ii) the Protocol, (iii) any allocation, determination, or division or payment of any individual Plaintiff’s Program Award (other than the $100.00 per Release minimum as set forth in this Agreement), or (iv) the award, if any, of MDL Contributions under the Program, or the allocation of the same, and Defendants and Released Parties waive the right to contest these matters.

Article 4

Minimum Standards for the Administration and Operation

of the Program; Quality Control and Audit Procedures

Section 4.1. General

Plaintiffs and Plaintiffs’ Counsel shall be solely responsible for all aspects of the Program, from creation through staffing, organization, management, administration and resolution, subject to and consistent with the provisions set forth in this Article 4, except that Plaintiffs executing and delivering a valid Release pursuant to Section 2.1, and, if required, a valid Stipulation of Dismissal With Prejudice pursuant to Section 2.2, will be awarded a minimum of One Hundred Dollars ($100.00) from the Program Fund in consideration for such Release and, if required, Stipulation of Dismissal With Prejudice. All Program Awards are subject to the provisions on Liens set forth in Section 6. Nothing in this Agreement guarantees that any Program Award will exceed the $100.00 minimum payment. The Claims Administrator will provide Defendants with the amount of the Program Award to be made to each Plaintiff and with each Plaintiff’s period of alleged exposure to welding fumes, to the best of the Claims Administrator’s information and belief, within five (5) days of the determination of the Program Awards.

Section 4.2. Recoupment of MDL Contributions

Plaintiffs’ Counsel have advised that the only common-benefit award they will seek from the Program Fund will be for recoupment of the money paid in the MDL proceeding into the plaintiffs’ litigation fund administered by Barrett Law Office, P.A. (“MDL Contributions”) and that the aggregate amount of all Program Awards issued for MDL Contributions shall not exceed one-third (1/3) of the gross Program Funds. Plaintiffs’ Counsel agree that they will not seek any common-benefit attorneys’ fees or other litigation costs.

Section 4.3. No Punitive Damages

Plaintiffs’ Counsel and Defendants agree that the amounts to be paid to each Plaintiff represents the satisfaction of that Plaintiff’s claim for compensatory damages arising from such Plaintiff’s claim for personal injury allegedly due to welding fumes. No portion of a Program Award represents the payment of punitive or exemplary damages within the meaning of the Internal Revenue Code of 1986, as amended. Nonetheless, in consideration for the satisfaction of each Plaintiff’s personal injury claim for compensatory damages, each Plaintiff releases any and all claims for punitive and/or exemplary damages.

Section 4.4. Inaccuracy of Representations, Warranties, Certifications or Covenants

In the event that any representation, warranty, certification or covenant made in any Program Claim is inaccurate or breached in any material respect and, as a result, the Claims Administrator determines that a Plaintiff or Plaintiffs’ Counsel ceases to have any further rights under the Program to be considered to receive a Program Award pursuant to the Protocol, any Release or Stipulation of Dismissal With Prejudice provided by such Plaintiff shall remain valid and enforceable.

Section 4.5. No Misrepresentation of Program

Each Plaintiffs’ Counsel hereby covenants not to make any misrepresentation or mischaracterization to any Plaintiff or any other person with respect to (i) this Agreement, (ii) the Program or Protocol, or the role of Defendants therewith, (iii) the terms and conditions of this Agreement, and/or (iv) any guarantee of receiving a Program Award or payment pursuant to the Program, as no such guarantee of a monetary award exists under the terms of this Agreement except as set forth in Section 4.1.

Article 5

Defendants’ Right to Terminate the Agreement

Section 5.1. Defendants’ Termination Right

5.1.1. In the event less than 100% of all Plaintiffs listed on Exhibit B validly execute and deliver binding Releases and Stipulations of Dismissal With Prejudice (where applicable) within the deadlines set forth in Sections 2.1 and 2.2 (subject to any extensions agreed to by the Parties in writing) or less than 100% of all Counsel listed on Exhibit F sign and deliver Ratification Signature Pages, the Defendants may terminate this Agreement without prejudice to any Parties or Plaintiffs and without any further obligation under the terms of this Agreement by giving written notice to Plaintiffs’ Counsel as set forth in the Notice provision of this Agreement at any time within forty (40) days after the deadline for all Plaintiffs to provide Defendants with Releases and Stipulations of Dismissal With Prejudice under Sections 2.1 and 2.2, or as may have been extended by the written agreement between the Parties (the “Termination Period”).

5.1.2. Defendants agree that for purposes of granting any extension of time to submit Releases and Ratification Signature Pages pursuant to Section 2.1 or of exercising the termination right set out in Section 5.1.1, they will be bound by the joint decision of the following Defendants: The ESAB Group, Inc., Hobart Brothers Company, The Lincoln Electric Company, Linde LLC, and TDY Industries, Inc.

Section 5.2. Effects of Termination

5.2.1. Upon Defendants’ exercise of their Termination Right, notwithstanding any term of this Agreement to the contrary, this Agreement immediately shall terminate and Defendants immediately shall cease to have any Program Funding obligation or other obligation under this Agreement.

5.2.2. In the event Defendants exercise their Termination Right, all Releases and Stipulations of Dismissal With Prejudice obtained by Defendants pursuant to this Agreement shall be returned to the applicable Plaintiffs’ Counsel or destroyed, and shall have no legal effect.

5.2.3. In the event Defendants exercise their Termination Right, the Parties shall be returned to the litigation status as existing prior to the execution of this Agreement, without prejudice, and neither this Agreement nor its termination, nor any communication related to this Agreement shall constitute an admission by any Party nor be admissible in any court.

Section 5.3. Circumstances Triggering Payback of Defendants’ Program Funding Payment

Defendants shall be entitled before the Claims Administrator pays the Program Awards to repayment of the Program Funding Payment in the event that any Plaintiffs, or any Plaintiffs’ Counsel (i) seek any additional payments in any Court from any or all Defendants or other Released Parties beyond the Program Funding Payment as set forth under this Agreement, (ii) materially violate any of the Confidentiality provisions in this Agreement, or (iii) encourage, solicit, promote or in any other manner suggest that any other attorneys initiate legal proceedings relating to Welding Fume Claims. However, nothing in this Section 5.3 or in this Agreement is intended to operate as a “restriction” on the right of Plaintiffs’ Counsel to practice law within the meaning of any applicable Rules of Professional Conduct.

Article 6

Liens

Section 6.1. Liens

6.1.1. The Parties acknowledge and agree that in reaching this Agreement they have considered the interest of the Centers for Medicare and Medicaid Services (“CMS” or “Medicare”) in recovering conditional payments made for medical treatment allegedly rendered as a result of Welding Fume Claims subject to this Agreement and the obligations imposed pursuant to the Medicare, Medicaid and SCHIP Extension Act of 2007, Pub. L. No. 110-173, 121 Stat. 2492 (2007) and its applicable guidelines (“MMSEA”) or the Medicare Secondary Payer Act (“MSP”), 42 U.S.C. § 1395y(b) (2008), and its applicable regulations, notwithstanding Defendants’ view that Welding Fume Claims are not the cause of any need for any medical treatment.

6.1.2. Plaintiffs and Plaintiffs’ Counsel agree and understand that Plaintiffs are solely responsible for paying and satisfying any and all Liens, claims or demands, private or public, to the extent they apply to the individual Program Awards, including without limitation, any and all liens, claims or demands under the MMSEA or the MSP.

6.1.3. Prior to any Program Award Payments being made by the Claims Administrator, Plaintiffs’ Counsel or the Lien Resolution Administrator shall identify in writing to Defendants and the Claims Administrator the Plaintiffs who are enrolled as Medicare beneficiaries (the “Holdback Plaintiffs”). With respect to such Holdback Plaintiffs, Plaintiffs’ Counsel shall cause the Claims Administrator to hold back in the Plaintiffs’ Program Account (1) the Program Award Payment for such Holdback Plaintiffs, or (2) if the Lien Resolution Administrator has determined the amount of the Medicare Liens as to such Holdback Plaintiffs, the portion of the Program Award Payment that is attributable to such Liens, subject to the provisions of Section 6.1.9.

6.1.4. The Lien Resolution Administrator, Plaintiffs and their respective Counsel shall be solely responsible for negotiating the satisfaction and discharge of all statutory Liens, either in the aggregate for all Holdback Plaintiffs or individually for each Holdback Plaintiff. Plaintiffs and their respective Counsel agree to cooperate with the procedures and protocols established by the Lien Resolution Administrator to identify and resolve Governmental Authority Third-Party Provider/Payor statutory Liens.

6.1.5. If and when the Lien Resolution Administrator (i) negotiates an aggregate resolution of the Holdback Plaintiffs’ Medicare Liens with CMS and (ii) obtains a final reimbursement amount from CMS with respect to all Holdback Plaintiffs, the Lien Resolution Administrator will provide the Claims Administrator and Defendants with the final reimbursement amount requested by CMS. The Claims Administrator will pay or cause to be paid from the Program Fund to CMS the final reimbursement amount requested by CMS. The Claims Administrator or Lien Resolution Administrator will provide Defendants and the parties listed on Exhibit E with confirmation of payment of the requested final reimbursement amount from CMS or its contracting agencies. The Claims Administrator shall be responsible for determining how the amount paid to obtain an aggregate release of liens from CMS will be allocated among the Holdback Plaintiffs.

6.1.6. If the Lien Resolution Administrator is unable to negotiate an aggregate release of the Holdback Plaintiffs’ Medicare Liens with CMS, then if and when the Lien Resolution Administrator (i) negotiates an individual resolution of a Holdback Plaintiff’s Medicare Lien with CMS and (ii) obtains a final demand letter from CMS or its contracting agencies with respect to such Holdback Plaintiff, the Lien Resolution Administrator will provide the Claims Administrator and Defendants with the final demand letter from CMS or its contracting agencies. The Claims Administrator will pay or cause to be paid from the Program Fund to CMS the amount set forth in the final demand letter, up to the amount of the Plaintiff’s Program Award, and receive a confirmation of satisfaction of the Medicare Lien from CMS or its contracting agencies. The Claims Administrator or Lien Resolution Administrator will provide Defendants and the parties listed on Exhibit E with proof of payment of the final demand letter amount to CMS and the confirmation of satisfaction of the Medicare Lien from CMS or its contracting agencies.

6.1.7. The Lien Resolution Administrator will also attempt to negotiate with CMS a method for the Parties and any other entity covered by the reporting requirements of Section 111 of the MMSEA (“Reporting Parties”) to meet their reporting obligations in the aggregate. If the Lien Resolution Administrator is able to negotiate such a method, then the Lien Resolution Administrator shall provide Defendants and the parties identified on Exhibit E) and the Claims Administrator with a letter from CMS detailing the steps the Reporting Parties can take to meet their reporting obligations. Plaintiffs and their Counsel shall be responsible for providing the Reporting Parties and the Lien Resolution Administrator with all information needed for them to meet the requirements negotiated by the Lien Resolution Administrator and set forth by CMS.

6.1.8. If the Lien Resolution Administrator is unable to negotiate a method for the Reporting Parties to meet their reporting obligations under Section 111 of the MMSEA in the aggregate, then, after the Claims Administrator has determined the amounts of Plaintiffs’ Program Payments, for any Plaintiff who is Medicare enrolled, such Plaintiff and his Counsel shall provide information to the Reporting Parties (including Defendants and the parties listed on Exhibit E) in connection with the Reporting Parties’ reporting requirements under the MMSEA as described on the data sheet attached as Form 1. It is understood that Form 1 may be modified if reasonably necessary to conform with any subsequent changes promulgated by CMS.

6.1.9. The Claims Administrator will not make any Program Award Payments to a Holdback Plaintiff until Defendants have confirmed receipt of either (i) confirmation of payment of the final reimbursement amount from CMS or its contracting agencies as described above in Paragraph 6.1.5 or (ii) a confirmation of satisfaction of Medicare Lien from CMS or its contracting agencies for that Holdback Plaintiff as described above in Paragraph 6.1.6, or (iii) a holdback amount established by the Lien Resolution Administrator following its data exchange with CMS or its representatives and agreed to by the Defendants and the parties listed in Exhibit E. Further, the Claims Administrator will not make any Program Award Payments to any Plaintiff until the Claims Administrator and the Reporting Parties (including Defendants and the parties listed on Exhibit E) have received either (i) the letter specified in Paragraph 6.1.7, and all information specified in such letter or (ii) the information required in Paragraph 6.1.8 with respect to that Plaintiff.

6.1.10. Plaintiffs shall discharge or cause to be discharged any workers’ compensation, subrogation, reimbursement and any other Liens and interests, including other statutory Liens, as well as any attorneys’ fees, costs, and expenses, without any further payment by Defendants other than the Program Funding Payment set forth in Paragraph 3.2.1.

6.1.11. To the extent a Plaintiff is subject to other Governmental Authority statutory Liens, such as a state payor program of the Commonwealth of Pennsylvania or other states, such statutory Liens and any notice requirements shall be handled with such

Governmental Authorities in the same manner as the statutory Liens held by CMS, including having Plaintiffs subject to such statutory Liens being designated as Holdback Plaintiffs until such Liens are resolved as set forth above using the methodologies adopted by the Lien Resolution Administrator following its experience and communications with appropriate representatives of the respective state payor programs.

6.1.12. Plaintiffs also waive any private cause of action they may have now or in the future under 42 U.S.C. § 1395y(b)(3)(A) in connection with any Medicare Liens that may exist now or in the future against any Program Award Payment.

6.1.13. Plaintiffs’ Counsel represent and warrant that the information (limited to Social Security Number, Name, Address, Date of Birth and injury that ultimately is determined by the Claims Administrator to be compensable) provided by Plaintiffs is accurate and that the Released Parties may reasonably rely on such information for purposes of compliance with Section 111 of the MMSEA and the MSP. Further, each Plaintiff also hereby agrees to indemnify and hold harmless the Released Parties, to the extent of the portion of the Program Award such Plaintiff received, from and against any and all damages, losses, costs (including, but not limited to, court costs), expenses (including legal fees and expenses), fines, penalties or Liabilities incurred by, suffered by, or imposed on, any Defendant or any other Released Party in connection with, arising out of or resulting from (i) any Claim made or asserted at any time against any Defendant or any other Released Party with respect to any Program Award Payment (or the right to receive any such Program Award Payment), by (1) any Third-Party Provider/Payor, including any Governmental Authority, such as under the MMSEA or the MSP, (2) any Person at any time holding or asserting any Lien, or (3) any Person at any time claiming by, through or under, Releasors (or the allegedly injured person or decedent covered by this Release), or (ii) the failure to properly provide the information required by Section 6.1.7 or 6.1.8.

Article 7

No Admission of Liability or Lack of Merit

Section 7.1. No Admission of Liability or Lack of Merit

7.1.1. Nothing in or related to this Agreement is intended to be or shall be construed as or deemed to be evidence of an admission or concession by any Defendant of any fault, Liability, wrongdoing or damages or of the truth of any allegations asserted by any Plaintiff against it, or as an admission by any Plaintiffs or Plaintiffs’ Counsel of any lack of merit of their Welding Fume Claims.

7.1.2. No Plaintiff or Party shall seek to introduce or offer the terms of this Agreement, any statement, transaction or proceeding in connection with the negotiation,

execution or implementation of this Agreement, or any statements in the documents delivered in connection with this Agreement, or otherwise rely on the terms of this Agreement, in any legal proceeding, except insofar as it is necessary to enforce the terms of this Agreement (or in connection with the determination or resolution of any income tax Liability of a Party or any governmental Lien) or any instrument executed and delivered pursuant to this Agreement.

7.1.3. Nothing in this Article 7 applies to (i) any action to submit this Agreement into evidence in any legal proceeding (past, present or future) or otherwise to file or enforce this Agreement in any manner, (ii) any other action by any Defendant in relation to any Release or Stipulation of Dismissal With Prejudice that is provided to Defendants in accordance with the terms of this Agreement, or (iii) in connection with insurance recoveries by a Defendant or a Defendant’s insurer.

Article 8

Confidentiality; Litigation Materials

Section 8.1. Agreement Confidentiality

8.1.1. The Parties and their counsel understand, acknowledge, and agree that the negotiations, the negotiating positions of the Parties, and the materials and information exchanged as part of the negotiations of this Agreement, including any interim drafts of this Agreement and its exhibits, as contemplated by Federal Rule of Evidence 408 and any equivalent code or common law rule of evidence of any state, are to be kept strictly confidential and are not to be disclosed by the Parties or Plaintiffs and their counsel, except as required by law, ethical obligations or as hereinafter set forth, to any person or entity at any time, including, but not limited to, legal trade journals, reporting services, the press or media, internal newsletters, law firm marketing materials, web sites, blogs, chat rooms or on any posting on the Internet, and they shall not take any action or inaction calculated to lead to such a revelation or disclosure by another. Nothing in this Section 8.1.1 is to be construed as requiring that this Agreement itself be confidential.

8.1.2. The Parties and their counsel acknowledge and agree that they will cooperate in the timing, manner, and substance of public statements about this Agreement and the Program established by this Agreement to the extent practicable and to the extent that it does not restrict a Party’s ability to make any reports or responses to inquiries it may be required to make as a public company. However, individual Program Awards to Plaintiffs and the personal information submitted pursuant to such Program Claims shall remain confidential and may not be disclosed by the Parties or Plaintiffs beyond the permitted disclosures set forth in this Agreement or otherwise required by law, regulation or ethical obligations, including, but not limited to, CMS or any other Governmental Authority.

8.1.3. Notwithstanding anything in this Section 8.1 to the contrary, Plaintiffs and Plaintiffs’ Counsel may make disclosures of individual Program Awards, if necessary, to resolve any outstanding Liens or as otherwise required by law or ethical obligations, such as in obtaining court approval in order for the Release to bind a minor, incompetent, or decedent’s estate. If Plaintiffs or their Counsel receive notice of a legal proceeding in which the court requests or orders the disclosure of any confidential matter covered by this Agreement, Plaintiffs and their Counsel agree to give immediate notice to Defendants, and agree to make a motion themselves, and not to oppose any motion by Defendants, seeking a Protective Order to protect the confidentiality of such confidential matters under this Agreement.

8.1.4. Plaintiffs’ Counsel also agree not to disclose to any person, firm or organization any materials relating to Welding Fume Claims that were obtained from any Defendant or other party in a case involving Welding Fume Claims, including, but not limited to, the materials in the document depository maintained under Section X.D of the MDL Case Management Order or any materials related to the litigation of Welding Fume Claims, including work product.

8.1.5. Further, the Parties acknowledge and agree that the confidentiality provisions of this Agreement do not bar Plaintiffs’ Counsel, Plaintiffs, Defendants, other Reporting Parties, or any lawfully-interested party from learning the amount of any Program Award or Program Award Payment issued under the Program for the purpose of reporting the information required to be disclosed to CMS or the Secretary of the Department of Health and Human Services under Section 111 of the MMSEA or the MSP or to fulfill any other legal or ethical disclosure or reporting requirements.

Section 8.2. Program Claim Confidential Information

Any personal records or other personal information provided in connection with a Program Claim, and the amount of any Program Award, shall be kept confidential, shall not be provided to any other party beyond those directly associated with the claims process, shall not be utilized for any purpose other than assessing Plaintiffs’ Program Claims, and shall not be disclosed except (i) to appropriate Persons, including Reporting Parties, to the extent necessary to process Program Claims, or satisfy reporting requirements with respect to potential governmental Liens, or resolve Liens under this Agreement, (ii) as otherwise expressly provided in this Agreement, (iii) as may be required by law or ethical requirements, (iv) as may be necessary to obtain court approval where such approval is necessary, (v) as may be reasonably necessary in order to enforce, or exercise Defendants’ rights under or with respect to any Releases and Stipulations of Dismissal With Prejudice, or (vi) to the immediate family members, Counsel, accountants and/or financial advisors of such Plaintiff, if any (each of whom shall be instructed by such Plaintiff, upon such disclosure, to maintain and honor the confidentiality of such information). All Plaintiffs shall be deemed to have consented to the disclosure of these records and other information for these purposes.

Section 8.3. Litigation Materials

By signing this Agreement, Plaintiffs’ Counsel represent and warrant that, within fifteen (15) days after Defendants make the Program Funding Payment to the Plaintiffs’ Program Account, each such Plaintiffs’ Counsel will return to the attorneys for Defendants or destroy all materials relating to Welding Fume Claims that were obtained from any Defendant or other party in a case involving Welding Fume Claims resolved by this Agreement, including, but not limited to, the materials in the document depository maintained under Section X.D of the MDL Case Management Order and any other materials related to the litigation of Welding Fume Claims. This includes any materials provided by any Plaintiffs’ Counsel to third parties, such as, without limitation, experts, with no copies of said materials being retained by any Plaintiff or Plaintiffs’ Counsel, or such third parties. Such third parties may either return the materials to Plaintiffs’ Counsel or certify in writing that they have destroyed them. With respect to experts, Plaintiffs’ Counsel shall make good faith best efforts to obtain the return or destruction of all materials relating to Welding Fume Claims; provided, however, that in the event of an expert’s refusal to return or destroy such materials, Plaintiffs’ Counsel shall notify Defendants in writing of the identity and address of the expert, as well as all efforts undertaken to obtain return or destruction of the materials, and provide a complete list of the materials in the possession of the expert. If any Plaintiff or Plaintiffs’ Counsel learns of any additional materials subject to this paragraph after the representation is provided, they shall promptly obtain and return them to Defendants or destroy said materials, and shall so advise Defendants in writing. Plaintiffs’ Counsel agrees to refrain from cooperating with any other plaintiffs’ counsel’s efforts to engage any experts to testify or consult in a case involving Welding Fume Claims who have consulted with Plaintiffs’ Counsel or who have testified at any depositions or trials on behalf of plaintiffs in a case involving Welding Fume Claims. The Parties agree that access to the existing online depository maintained by the court reporter of the depositions taken in the cases involving Welding Fume Claims will be limited to Defendants, their counsel and those parties authorized access by Defendants or a court. This Section 8.3 shall not apply to any client trust accounts, fee or retention agreements between a Plaintiffs’ Counsel and his client relating to the Welding Fume Claims subject to this Agreement, any legal research conducted, compiled or summarized relating to the Welding Fume Claims subject to this Agreement, any published court decisions or court orders, attorney work product or to any other documents required to be maintained pursuant to this Agreement, the law or ethical requirements.

Section 8.4. Materiality

The Parties and their Counsel acknowledge that the provisions of this Article 8 are material terms of the Agreement, and these provisions are contractual in nature and not a mere recital. The failure to enforce the provisions of this Agreement or pursue remedies in respect to any breach of the Agreement shall not be considered a waiver of these provisions nor of the right to enforce them. Plaintiffs and Plaintiffs’ Counsel recognize that the breach of the confidentiality provisions of this Agreement by Plaintiffs, Plaintiffs’ Counsel or any counsel associated with Plaintiffs’ Counsel could have severe and substantial legal consequences, including, but not limited to, significant monetary damages, as well as injunctive and other equitable relief.

Article 9

Miscellaneous

Section 9.1. Notice

9.1.1. Any notice, request, instruction or other document to be given by Defendants to the PLC, the PEC or to Plaintiffs’ Counsel, or to be given by the PLC, the PEC, or Plaintiffs’ Counsel to Defendants, shall be in writing and delivered by U.S. mail, overnight delivery, facsimile or electronic mail, as follows, or as otherwise instructed by a notice delivered to the other Party pursuant to this subsection:


9.1.1.1.		If to Defendants:

		John Beisner, Esq.
		Skadden, Arps, Slate, Meagher & Flom LLP
		1440 New York Avenue
		Washington, DC 20005-2111
		Facsimile: 202-661-8301
		email: John.Beisner@skadden.com

9.1.1.2.		If to the PLC, the PEC, and Plaintiffs’ Counsel:

		Don Barrett, Esq.
		Barrett Law Group, P.A.
		404 Court Square North
		Lexington, MS 39095-0927
		Facsimile: (662) 834-2628
		email: DBarrett@barrettlawgroup.com

9.1.2. In providing notice to a particular Plaintiffs’ Counsel with respect to a particular Plaintiff, Defendants may also provide a copy to the individuals set forth in this Article 9. For all purposes of this Agreement, Defendants may treat the Plaintiffs’ Counsel specified in a Release or Stipulation of Dismissal With Prejudice as such Plaintiff’s Counsel, unless and until otherwise advised in writing by both such Plaintiff and such Plaintiffs’ Counsel.

9.1.3. Any notice, request, instruction or other document to be given by any Party to any Plaintiff or his Counsel shall be in writing and delivered by U.S. mail, overnight delivery, facsimile or electronic mail, and such Party may rely on the mailing, facsimile and/or email addresses or numbers that were last provided by Plaintiff or his Counsel, and shall have no obligation to (but in its sole and absolute discretion may) take other steps to locate Plaintiffs or Counsel whose mail, facsimile transmission or

electronic mail has been returned as undelivered or undeliverable. Each Plaintiff and (if applicable) his Counsel shall have the responsibility to keep the Parties informed of the correct mailing, facsimile and email addresses for both such Plaintiffs and such Counsel.

9.1.4. Any notice, request, instruction or other document shall be deemed to have been given as of the date so transmitted by facsimile or electronic mail, on the next business day when sent by overnight delivery or seven (7) days after the date so mailed, provided that if any such date on which a notice or other communication shall be deemed to have been given is not a business day, then such notice or other communication shall be deemed to have been given as of the next following business day.

Section 9.2. Receipt of Documentation

Any form or other documentation required to be served or submitted under this Agreement shall be deemed timely (i) if delivered by mail (and not required to be delivered in some other fashion), if postmarked (or, in the absence of a postmark or if such postmark is illegible, if received) on or before the date by which it is required to be submitted under this Agreement or (ii) if delivered (and expressly permitted or required to be delivered) by electronic mail, when it is capable of being accessed from such electronic mail address.

Section 9.3. Cooperation in Resolution of Matters in Litigation

The Parties agree that the time to answer, object or otherwise respond to pleadings, discovery, motions or to meet other deadlines in any lawsuit of Plaintiffs subject to this Agreement is hereby tolled and extended indefinitely pending consummation of this Agreement pursuant to its terms.

Section 9.4. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Ohio without regard to any choice-of-law rules that would require the application of the laws of another jurisdiction.

Section 9.5. Waiver of Inconsistent Provisions of Law; Severability

9.5.1. To the fullest extent permitted by applicable law, each Party and each Plaintiff waives any provision of law that renders any provision of this Agreement invalid, illegal or unenforceable in any respect.

9.5.2. Upon any determination that any term or other provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible to the fullest extent permitted by applicable law.

Section 9.6. Facsimile and Electronic Signatures

This Agreement and any amendments thereto, to the extent signed and delivered by means of a facsimile machine or electronic scan (including in the form of an Adobe Acrobat PDF file format), shall be treated as an original agreement and as having the same binding legal effect as if it were the original.

Section 9.7. Construction

None of the Parties shall be considered to be the drafter of this Agreement, or any provision in it, for the purpose of any statute, case law or rule of construction or interpretation that would or might cause any provision to be construed against the drafter. References to or use of a singular noun or pronoun in this Agreement shall include the plural, unless the context implies otherwise. References to or use of a gender-linked pronoun (e.g., “his”) is intended to refer to and embody the corresponding gender-linked pronoun (e.g., “hers”).

Section 9.8. Entire Agreement

This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and cancels all previous agreements, negotiations, and commitments in writings between the Parties with respect to the subject matter hereof.

Section 9.9. Headings; References

The headings of the Table of Contents, Articles and Sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. Any reference to an Exhibit shall be deemed to refer to the applicable Exhibit attached hereto. The words “include” and “including” and words of similar import when used in this Agreement or any Exhibit hereto are not limiting and shall be construed to be followed by the words “but not limited to,” whether or not they are in fact followed by such words. References herein to instruments or documents being submitted “by” any Person include (whether or not so specified) submission of the same on behalf of such Person by his Counsel whether or not so specified, provided that if any particular instrument or document is required herein to be executed by a particular Person, it must (unless otherwise expressly specified herein) be so executed by such Person. References to any particular Section (such as, for example, Section 4.2) shall be deemed to refer to all sub-Sections of such Section (such as, for example,

Section 4.2.1, 4.2.2, etc.), all sub-sub-Sections of such sub-Sections, and so on; the corresponding principle applies to all references herein to any particular sub-Section, sub-sub-Section and so on.

Section 9.10. No Third-Party Beneficiaries; Assignment

No provision of this Agreement is intended to create any third-party beneficiary to this Agreement, other than the Released Parties. This Agreement shall be binding upon and inure to the benefit of the Parties and Released Parties hereto and their respective successors and permitted assigns; provided, however, that neither this Agreement nor any of the rights, interests, or obligations hereunder may be assigned by Plaintiffs or Plaintiffs’ Counsel without the prior written consent of Defendants. No right to receive a Program Award Payment, if one is awarded, may be assigned by any Plaintiff without the prior written consent of Defendants. Any assignment in violation of this Section 9.10 shall be null and void ab initio.

Section 9.11. Amendments; No Implied Waiver

This Agreement may only be amended by an instrument signed by Defendants and a majority in number of the PLC and PEC. Except where a specific period for action or inaction is provided herein, no failure or delay by a Party to exercise any right, power or privilege hereunder shall operate as a waiver thereof; nor shall any waiver by a Party of any such right, power or privilege, or any single or partial exercise of any such right, power or privilege, preclude any other or further exercise thereof or the exercise of any other right, power or privilege; nor shall any waiver by a Party, on any particular occasion or in any particular instance, of any particular right, power or privilege operate as a waiver of such right, power or privilege on any other occasion or in any other instance.

Section 9.12. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which shall together constitute one and the same instrument. It shall not be necessary for any counterpart to bear the signature of all Parties hereto.

Section 9.13. Arbitration

With respect to any dispute arising out of or relating in any way to this Agreement, the Parties agree to attempt to resolve such disputes by discussion among the Parties. In the event that any such dispute cannot be resolved amicably through discussion, the Parties hereby agree to submit to binding arbitration pursuant to the then-effective rules of the American Arbitration Association applicable to commercial disputes. Any such arbitration shall be conducted and maintained in a confidential manner. The Parties agree that three (3) arbitrators

shall be selected. Defendants, as a group, and the PLC and PEC, as a group, each will submit a list of three (3) potential arbitrators. The other party will strike two (2) of the three (3) arbitrators, and the arbitrators remaining shall participate in the arbitration. With respect to the third arbitrator, the Association shall be asked to submit a list of five (5) potential arbitrators, and Defendants and Plaintiffs’ Counsel will have alternate strikes, two (2) per side, with the first strike being made by Defendants, until the final arbitrator is selected. The arbitration shall be conducted in Cleveland, Ohio, unless otherwise mutually agreed in writing by the Parties. Any action to enforce this paragraph shall be brought in the U.S. District Court for the Northern District of Ohio, and the Parties expressly consent to the jurisdiction of said court, and hereby waive any objection to personal jurisdiction or venue therein. The cost of any such arbitration shall be borne equally by the Parties.

Section 9.14. Further Assurances

From time to time following the Execution Date, each Party shall take such reasonable actions consistent with the terms of this Agreement as may reasonably be requested by the other Party, and otherwise reasonably cooperate with the other Party in a manner consistent with the terms of this Agreement, as may be reasonably necessary in order further to effectuate the intent and purposes of this Agreement and to carry out its terms.

Section 9.15. Reliance on Representations, Warranties and Agreements

In consideration of the Program Payment, Released Parties are relying upon the representations, warranties and/or agreements of Plaintiffs and Plaintiffs Counsel set forth in this Agreement as to the undertaking of any actions or obligations: (1) to which they have agreed; or (2) to be undertaken by a third-party on their behalf. If the representations and warranties are not correct, and/or if any such actions and/or obligations are not undertaken or performed, then the responsible party shall be considered to be in material breach of this Agreement. In the event of such breach, Released Parties are entitled to pursue any and all available remedies and damages at law or in equity.

Article 10

Certain Definitions

Section 10.1. Definitions

For the purposes of this Agreement, the following terms (designated by initial capitalization throughout this Agreement) shall have the meanings set forth in this Section. To the extent that any defined terms (designated by initial capitalization throughout this Agreement) are defined in the Protocol attached as Exhibit A, they shall have the meaning set forth in that exhibit.

10.1.1. “Agreement” means this Agreement of Resolution, including the Exhibits thereto, as the same may be amended or modified from time to time in accordance with the terms hereof.

10.1.2. “Claims” means any and all rights, remedies, actions, claims, demands, causes of action, suits at law or in equity, verdicts, suits of judgments, judgments and/or Liens (including any of the foregoing for wrongful death, personal injury and/or bodily injury, sickness, disease, emotional distress and/or injury, mental or physical pain and/or suffering, emotional and/or mental harm, fear of disease or injury, loss of enjoyment of life, loss of society, loss of companionship, loss of income, loss of consortium, medical expenses, future cost of insured services, past cost of insured services or any other form of injury, and including any of the foregoing for direct damages, indirect damages, consequential damages, incidental damages, punitive damages or any other form of damages whatsoever), whether based upon contract, warranty or covenant, tort, negligence, gross negligence, recklessness, joint and several liability, guarantee, contribution, reimbursement, subrogation, indemnity, defect, failure to warn, fault, strict liability, misrepresentation, common law fraud, statutory consumer fraud, quantum meruit, breach of fiduciary duty, violation of statutes or administrative regulations or any other legal (including common law), statutory, equitable or other theory or right of action, whether presently known or unknown, developed or undeveloped, discovered or undiscovered, foreseen or unforeseen, matured or unmatured, accrued or not accrued, direct or derivative, or now recognized by law or that may be created or recognized in the future by statute, regulation, judicial decision or in any other manner.

10.1.3. “Counsel” means, with respect to any particular Person, a lawyer or law firm who represents such Person pursuant to a written agreement, provided that, for all purposes of this Agreement, the “Counsel” of any particular Plaintiff shall be the lawyer or law firm named as such in such Plaintiff’s Release and Stipulation of Dismissal With Prejudice.

10.1.4. “Execution Date” shall mean January 18, 2012.

10.1.5. “Governmental Authority” means any governmental department or authority, including (i) the United States or any other country, any state, province, territory or possession of the United States or any other country, and any local or other governmental body, or other political subdivision, in or of any of the foregoing, (ii) any multinational organization or body and (iii) any agency, board, bureau, court, commission, department, instrumentality or administration of any of the foregoing described in clauses (i) or (ii), including, but not limited to, the Centers for Medicare and Medicaid Services and the Department of Health and Human Services.

10.1.6. A lawyer or law firm shall be deemed to have an “Interest” in a Person, or in a Claim of a Person, if the lawyer or law firm or any Person affiliated or related in any way to the lawyer or law firm:

10.1.6.1. has an engagement or retainer agreement with such Person;

10.1.6.2. is listed as the counsel of record for such Person in filed pleadings;

10.1.6.3. has entered an appearance for such Person;

10.1.6.4. would benefit directly or indirectly from any payment to resolve any Welding Fume Claim of such Person; or

10.1.6.5. otherwise has any financial interest in any Welding Fume Claim of such Person.

An individual lawyer is deemed to have an “Interest” in a Person, or in a Claim of a Person, in which any law firm of or with which such individual lawyer is a partner, associate or otherwise affiliated has an Interest, and vice versa.

10.1.7. “Legal Representative” means, as to any particular natural person (including a deceased natural person), the estate, executor, administrator, guardian, conservator or other legal representative thereof.

10.1.8. “Liabilities” or “Liability” means any and all debts, liabilities, covenants, promises, contracts, agreements or obligations of whatever kind, nature, description or basis, whether fixed, contingent or otherwise, whether presently known or unknown, developed or undeveloped, discovered or undiscovered, foreseen or unforeseen, matured or unmatured, or accrued or not accrued.

10.1.9. “Lien” means any lien, pledge, charge, security interest, encumbrance, assignment, subrogation right, reimbursement claim, third-party interest or adverse claim of any nature whatsoever, in each case whether statutory or otherwise, including any of the foregoing in relation to Medicare or Medicaid, any Third-Party Provider/Payor or any lawyer or law firm.

10.1.10. “Lien Resolution Administrator” means the Person or Persons from time to time appointed by the Claims Administrator, with the consent of Plaintiffs’ Counsel, to fulfill the functions of the “Lien Resolution Administrator” under this Agreement (so long as such Person or Persons continues to serve in such capacity).

10.1.11. “Person” means a natural person, partnership (whether general or limited), limited liability company, trust, estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, Governmental Authority, custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign.

10.1.12. “Plaintiffs’ MDL Executive Committee” or “PEC” means the following persons who were appointed by the MDL Court: Drew Ranier, Joseph Rice, Walter Umphrey, J. Michael Papantonio, John E. Williams, Jr., and Richard Heimann.

10.1.13. “Plaintiffs’ MDL Lead Counsel” or “PLC” means Don Barrett, who was the lead counsel appointed by the MDL Court.

10.1.14. “Program Funds” means the Program Funding deposited by the Defendants into the account designated by Plaintiffs’ MDL Lead Counsel pursuant to Section 3.2.1 and any net interest earned by said funds.

10.1.15. “Original Signature Pages” means the signature pages to this Agreement to be signed by the PLC and the PEC.

10.1.16. “Ratification Signature Page(s)” means the signature page(s) to be signed by the Plaintiffs’ Counsel listed on Exhibit F.

10.1.17. “Released Party or Released Parties” means (i) each Defendant, (ii) any other defendants against whom a Plaintiff has or had brought a Welding Fume Claim, and (iii) any past or present manufacturers, suppliers of materials, distributors, wholesalers, rebranders or other persons involved in the design, manufacture, formulation, testing, distribution, marketing, labeling, advertising and/or sale, of any of the welding products that a Plaintiff (or a Plaintiff’s alleged injured person or decedent) allegedly used or allegedly was exposed to, (iv) for each entity or person referred to in clauses (i), (ii) and (iii) of this paragraph, its respective past, present, and/or future parents, subsidiaries, divisions, affiliates, joint venturers, predecessors, successors, assigns, and transferees and its respective past, present and/or future shareholders (or the equivalent thereto), directors (or the equivalent thereto), officers (or the equivalent thereto), owners, managers, principals, employees, consultants, advisors, attorneys, agents, servants, representatives, heirs, trustees, executors, estate administrators, and the personal representatives (or the equivalent thereto), and (v) the respective insurers of all such entities or persons referred to in clauses (i), (ii),(iii) and (iv), to the extent of their capacity as the insurer of such entities or persons.

10.1.18. “Third-Party Provider/Payor” means any provider or payor (public or private) of (i) health, hospital, medical, physician, healthcare or pharmaceutical services, products or expenses or (ii) any other form of compensation, including federal and state Governmental Authorities (or other Persons) providing Medicare or Medicaid services or benefits.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

DEFENDANTS


A.O. Smith Corporation

By:		/s/ James F. Stern
		Name: James F. Stern
		Title: EVP, General Counsel & Secretary

Address:

Facsimile:

Arcos Industries, LLC

By:		/s/ Andrew C. Storar
		Name: Andrew C. Storar
		Title: Corporate Counsel

Address: 2700 Kettering Tower Dayton, OH 45423

Facsimile: astorar@pselaw.com


Avesta Polarit Welding, Inc.

By:		/s/ Kevin Keeley
		Name: Kevin Keeley
		Title: VP Finance and Administration

Address: 549 West State Road 38 New Castle, IN 47362

Facsimile: (765) 807-3170

Böhler Welding Group USA, Inc.

By:		/s/ John R. Young
		Name: John R. Young
		Title: Managing Director

Address: 10401 Greenbough Dr. Stafford, TX 77477

Facsimile: 281-499-4347



CBS Corporation, f/k/a Viacom Inc., the successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation

By:		/s/ Eric J. Sobczak
		Name: Eric J. Sobczak
		Title: Senior Vice President

Address: CBS Corporation 20 Stanwix Street, 10^th Floor Pittsburgh, PA 15222

Facsimile: 412.642.3014


Deloro Stellite, L.P. f/k/a Deloro Stellite Company, Inc.

By:		/s/ J. N. Fleming
		Name: J. N. Fleming
		Title: Director

Address: Unit 4 & 5, Bicester Business Park Telford Road, Bicester, England.

Facsimile:

Eutectic Corporation

By:		/s/ John Kirkwood
		Name: John Kirkwood
		Title: President

Address: Eutectic Corporation N94 W14355 Garwin Mace Dr Menomonee Falls, WI 53051

Facsimile: 262-532-4692

Hobart Brothers Company

By:		/s/ Jacqueline A. White
		Name: Jacqueline A. White
		Title: General Counsel, V. P. & Secretary

Address: 101 Trade Square East Troy, OH 45373

Facsimile: 937-332-5302


Linde LLC f/k/a The BOC Group, Inc. and/or Airco, Inc. and/or Air Reduction Company, Inc.

By:		/s/ G. Gregory Schuetz
		Name: G. Gregory Schuetz
		Title: Head of Global Litigation and Dispute Resolution

Address: 575 Mountain Ave. Murray Hill, NJ 07974

Facsimile: 908-771-4803

Praxair, Inc.

By:		/s/ James T. Breedlove
		Name: James T. Breedlove
		Title: Senior Vice President, General Counsel & Corporate Secretary

Address: Praxair, Inc. 39 Old Ridgebury Road Danbury, Connecticut 06810

Facsimile: (203) 837-2515

Sandvik, Inc.

By:		/s/ Annette E. Maskal
		Name: Annette E. Maskal
		Title: Treasurer

Address: 1702 Nevins Rd Fair Lawn, NJ 07410

Facsimile: 201-794-5125


Select-Arc Inc.

By:		/s/ Andrew C. Storar
		Name: Andrew C. Storar
		Title: Corporate Counsel

Address: Pickrel, Schaeffer & Ebeling Co., LPA 2700 Kettering Tower Dayton, OH 45423

Facsimile: (937) 223-0339

Socra Corporation, successor to Arcos Alloys Corporation

By:		/s/ James G. Musser
		Name: James G. Musser
		Title: Authorized Agent

Address: 31731 Northwestern Hwy, Suite 250W Farmington Hills, MI, 48334

Facsimile: (248) 851-4744

TDY Industries, Inc.

By:		/s/ Elliot S. Davis
		Name: Elliot S. Davis
		Title: Senior Vice President

Address: 1000 Six PPG Place Pittsburgh, PA 15222

Facsimile: 412.394.2837


Techalloy Company, Inc.

By:		/s/ Paul From
		Name: Paul From
		Title: President

Address: 1 North Street Perth, Ontario Canada

Facsimile: (613) 267-5617

The ESAB Group, Inc.

By:		/s/ Neil C. Schemm
		Name: Neil C. Schemm
		Title: Assistant Secretary

Address: 944 Euclid Avenue, NE Atlanta, GA 30307

Facsimile: 404-522-8833

The Lincoln Electric Company

By:		/s/ Frederick G. Stueber
		Name: Frederick G. Stueber
		Title: Senior Vice President, General Counsel and Secretary

Address: 22801 Saint Clair Avenue Cleveland, Ohio 44117

Facsimile: 216.383.8390


Thermadyne Holdings Corporation

By:		/s/ Martin Quinn
		Name: Martin Quinn
		Title: Chief Executive Officer

Address: 16052 Swingley Ridge Rd. Suite 300 Chesterfield, MO 63017

Facsimile: 636-728-3010

PLAINTIFFS’ COUNSEL – ORIGINAL SIGNATURE PAGES

/s/ Don Barrett

Don Barrett, Esq.

Barrett Law Group, P.A.

404 Court Square North

P.O. Box 927

Lexington, MS 39095

Facsimile: 662-834-2628

Email: sbarrett@barrettlawgroup.com

/s/ Walter Umphrey

Walter Umphrey, Esq.

Provost Umphrey Law Firm, L.L.P.

P.O. Box 4905

Beaumont, TX 77704

Facsimile: 409-838-888

Email: Walter_umphrey@provostumphrey.com

/s/ Drew Ranier

Drew Ranier, Esq.

Ranier Law Firm

1419 Ryan Street

Lake Charles, LA 70602-1890

Facsimile: 337-494-7218

Email: dranier@ranierlaw.com

/s/ John R. Climaco

John R. Climaco, Esq.

Climaco, Wilcox, Peca, Tarantino & Garofoli Co., L.P.A.

55 Public Square, Suite 1950

Cleveland, OH 44113

Facsimile: 216-771-1632

Email: jrclim@climacolaw.com

/s/ J. Michael Papantonio

J. Michael Papantonio, Esq.

Levin, Papantonio, Thomas, Mitchell, Eschner & Proctor, P.A.

P.O. Box 12308

316 South Baylen Street

Pensacola, FL 32501

Facsimile: 850-435-7020

Email: dbailey@levinlaw.com

/s/ Joseph F. Rice

Joseph F. Rice, Esq.

Motley Rice, LLC

P.O. Box 1972

Mount Pleasant, SC 29465

Facsimile: 843-216-9450

Email: jrice@motleyrice.com

/s/ John E. Williams, Jr.

John E. Williams, Jr., Esq.

Williams Kherker Hart Bounds, LLP

1228 Euclid Avenue, 9^th Floor

8441 Gulf Freeway, Suite 600

Houston, TX 77017-5051

Email: jwilliam@willaimsbailey.com

/s/ Richard M. Heimann

Richard M. Heimann, Esq.

Lieff, Cabraser, Heimann & Bernstein, LLP

Embarcadero Center West

30^th Floor, 275 Battery Street

San Francisco, CA 94111-3339

Facsimile: 425-956-1008

Email: rheimann@lchb.com

RESOLUTION AGREEMENT – EXHIBIT A

PLAINTIFFS’ COUNSELS’ CLAIMS PROCESSING AND

PROGRAM FUND ALLOCATION PROTOCOL

PLAINTIFFS’ COUNSELS’ CLAIMS PROCESSING

AND PROGRAM FUND ALLOCATION PROTOCOL

This Claims Processing and Program Fund Allocation Protocol (the “Protocol”) sets forth the procedures for the processing of Program Claims developed and agreed to by Plaintiffs’ Counsel to implement the Agreement of Resolution dated as of January 18, 2012 in connection with the resolution of Welding Fume Claims (the “Agreement”).

Article 1

The Submission of Program Claims

Section 1.1. General

All Plaintiffs who timely execute and deliver or cause to be delivered valid Releases and, if applicable, Stipulations of Dismissal With Prejudice pursuant to Sections 2.1 and 2.2 of the Agreement become “Program Plaintiffs.” Only Program Plaintiffs and Plaintiffs’ Counsel are eligible to make a claim to the Program (“Program Claim”).

Section 1.2. Submission of Program Claims

1.2.1. Each Program Plaintiff will have his Program Claim submitted to the Claims Administrator by that Program Plaintiff’s Counsel, or, if the Program Plaintiff has more than one Plaintiffs’ Counsel, by the designated lead Program Plaintiffs’ Counsel for such Program Plaintiff pursuant to Section 1.2.2, or by the Program Plaintiff himself, if he is not represented by Counsel.

1.2.2. To the extent a Program Plaintiff is represented by more than one Plaintiffs’ Counsel from different law firms, such Plaintiffs’ Counsel shall designate one of their number to be the lead Program Plaintiffs’ Counsel for that Program Plaintiff and shall inform the Claims Administrator in writing with copies to the other Plaintiffs’ Counsel for that Program Plaintiff of such designation.

1.2.3. Program Claims made by any Plaintiffs’ Counsel for recoupment of the money paid in the MDL proceeding into the plaintiffs’ litigation fund administered by Barrett Law Office, P.A. (“MDL Contributions”) pursuant to Section 5.2 must be submitted by that Plaintiffs’ Counsel. Only one Program Claim for the recoupment of MDL Contributions should be submitted by a Plaintiffs’ Counsel. Nothing in this Protocol in intended to affect adversely Plaintiffs’ Counsel from recovering case-specific costs and contractually agreed attorneys’ fees from a represented Program Plaintiff.

1.2.4. For each Program Plaintiff’s Program Claim, the Claims Administrator may be provided with any relevant information concerning such Program Plaintiff’s Program Claim, which may include medical records, work history and exposure records, expert reports, and any other record or other documentation that supports such Program Claim or assists the Claims Administrator in evaluating such Program Claim.

1.2.5. The Claims Administrator may promulgate a brief Claims Form requesting a reasonable amount of information to be used to submit Program Claims and may require that information submitted as part of a Program Claim be submitted electronically or in summary fashion.

1.2.6. Each Program Plaintiff shall submit his Program Claim to the Claims Administrator no later than forty-five (45) days after Defendants make the Program Funding Payment.

1.2.7. The Claims Administrator shall require that all Claim Forms and information submitted as part of a Program Claim be submitted under penalty of perjury.

1.2.8. The Claims Administrator and his respective representatives and others deemed necessary to assist him and their representatives, will have unlimited access to all submitted Program Claims and information and documents submitted in support thereof, including medical and other records and information.

1.2.9. The Claims Administrator may require such additional information as he may determine is material and necessary for purposes of Claims Valuation (“Additional Claim Information”). In such cases, the Claims Administrator shall issue a written request for Additional Claim Information to the appropriate Program Plaintiffs’ Counsel, or if the Program Plaintiff is without Counsel, to the Program Plaintiff. However, the Claims Administrator, any Program Plaintiff, or Plaintiff’s Counsel shall not request additional records or information from Defendants.

1.2.10. A request for Additional Claim Information must be responded to within thirty (30) days of service of such request or by the deadline set by the Claims Administrator. Upon a showing of (a) a timely attempt to obtain the Additional Claim Information and (b) an inability to secure the information within the applicable deadline set by the Claims Administrator, the Claims Administrator may grant additional time to provide Additional Claim Information. Failure to provide Additional Claim Information in a timely manner may result in a determination that the Program Plaintiff is not entitled to participate further in the Program. Such a determination will not affect the validity of the Release or Stipulation of Dismissal With Prejudice provided by the Program Plaintiff.

1.2.11. To the extent a Program Claim is incomplete by reason of mistake, omission, or oversight, the Claims Administrator will inform the appropriate Program Plaintiffs’ Counsel or Program Plaintiff and provide the opportunity to correct the mistake, omission or oversight. Failure to respond to and correct the deficiency within the time set by the Claims Administrator may result in a determination that the Program Plaintiff is not entitled to any additional Program Award. Such a determination will not affect the validity of the Release or Stipulation of Dismissal With Prejudice provided by the Program Plaintiff.

1.2.12. The Claims Administrator shall establish deadlines and other procedures not inconsistent with this Protocol that are necessary for the timely, accurate, and efficient submission, review, and evaluation of Program Claims in order to keep the administrative costs of the Program to a minimum and to make Program Awards and issue Program Award Payments in as short a timeframe as is responsibly and reasonably possible.

Article 2

Program Claims Valuation and Program Awards

Section 2.1. General

2.1.1. A Program Plaintiff executing and delivering a valid Release pursuant to Section 2.1 of the Agreement shall be awarded a minimum of One Hundred Dollars ($100.00) from the Program Fund in consideration for such Release and, if required, a Stipulation of Dismissal With Prejudice (regardless of how many Program Plaintiffs executed such Release), and may be awarded an additional sum based on the evaluation of each Program Claim by the Claims Administrator. Derivative Claimants are not entitled to separate $100.00 payments.

2.1.2. An award issued by the Claims Administrator in response to a Program Claim, subject to the provisions on Liens, is a “Program Award.” All Program Awards will be based on the evaluation and the final, binding and Non-Appealable decision of the Claims Administrator. Nothing in the Agreement or this Protocol guarantees that any Program Award will exceed the $100.00 minimum payment required by the Agreement and this Section 2.1.

Section 2.2. Claim Assessment Process

2.2.1. The Claims Administrator shall review and analyze the Program Claims submitted by or on behalf of the Program Plaintiffs and those submitted by Plaintiffs’ Counsel pursuant to Section 5.2.

2.2.2. The Claims Administrator shall evaluate all Program Plaintiffs’ Program Claims based on the reasonable and objective criteria, methodologies, medical science, formulae, guidelines, categories, and other terms and conditions relevant in evaluating the Program Claims, which may include the type and extent of injury, age, age of onset, medical history, exposure history (including dates, length, and duration of such exposure to welding fumes), the type of welding consumables and fumes to which exposure occurred, other work history, the period from last exposure to welding fumes to the onset of the alleged injury, causation evidence, other risk factors present for the injuries alleged, and other criteria deemed relevant by the Claims Administrator in order to evaluate the Program Claims in a reasonably consistent manner. Following such evaluation, the Claims Administrator shall determine whether a Program Plaintiff is entitled to a Program Award above the $100 minimum payment provided for in Section 2.1.1 and, if so, determine the monetary amount of any additional Program Award pursuant to Section 3.1.1.

2.2.3. The Claims Administrator shall make Program Awards, including any additional monetary awards pursuant to Section 2.2, by awarding shares of the Program Fund and determining at some later point the monetary value of each such share following a determination of all of the Program costs and expenses and the amount of the Program Fund available to pay Program Awards. However, nothing in this Section 2.2.3 permits a reduction in the minimum payment required by Section 2.1.

2.2.4. As part of the process of evaluating Program Claims, the Claims Administrator may hire paralegal or administrative assistant(s), as needed in the discretion of the Claims Administrator. Any such hires shall be compensated by the Program Fund, at a rate which shall be approved by a majority of the PLC and PEC.

2.2.5. The determinations of the Claims Administrator in making Program Awards are final, binding and Non-Appealable.

2.2.6. No notice or payment of Program Awards to Program Plaintiffs may be issued by the Claims Administrator until the Claims Administrator has determined the Program Awards of all eligible Program Plaintiffs.

2.2.7. The Claims Administrator shall notify the Program Plaintiffs and Plaintiffs’ Counsel of all Program Awards in writing, which awards shall be final, binding and Non-Appealable. The Claims Administrator also will provide Defendants with the amount of the Program Award to be made to each Plaintiff and with each Plaintiff’s period of alleged exposure to welding fumes, to the best of the Claims Administrator’s information and belief, within five (5) days after completing the determination of the Program Awards.

Section 2.3. No Punitive Damages

Plaintiffs’ Counsel and Defendants agree that the amounts to be paid to each Plaintiff represents the satisfaction of that Plaintiff’s claim for compensatory damages arising from such Plaintiff’s claim for personal injury allegedly due to welding fumes. No portion of a Program Award represents the payment of punitive or exemplary damages within the meaning of the Internal Revenue Code of 1986, as amended. Nonetheless, in consideration for the satisfaction of each Plaintiff’s personal injury claim for compensatory damages, claims for punitive and/or exemplary damages shall be released.

Article 3

Payment of Program Awards

Section 3.1. Program Award Payments

3.1.1. Promptly after the Claims Administrator determines (1) the Program costs and expenses, (2) all Program Awards and the monetary amounts to be paid pursuant to the Program Awards to Program Plaintiffs and/or Plaintiffs’ Counsel, subject to the provisions on Liens, and (3) that there are sufficient funds in the Plaintiffs’ Program Account to pay the amounts set forth in (1) and (2) above, the Claims Administrator shall cause the Program Awards to be paid from the Program Funds in the Plaintiffs’ Program Account, subject to the provisions on Liens in Article 6 of the Agreement.

3.1.1.1. No Program Award shall be paid prior to proof being provided that (i) Governmental Authority Third-Party Provider/Payor statutory Liens have been resolved, or that (ii) no such Governmental Authority statutory Lien exists with respect to such Program Plaintiff’s Program Award as set forth in the provisions on Liens in Article 6 of the Agreement, and the provisions of Section 6.1.9 of the Agreement have been met;

3.1.1.2. To the extent there is an unresolved Governmental Authority statutory Lien existing as to a Program Award, absent other resolution, either the Program Award Payment will not be issued or the Governmental Authority having such statutory Lien shall be made a co-payee on any Program Award Payment to such Program Plaintiff; and

3.1.1.3. For the purpose of paying Program Awards, a Legal Representative of a decedent, minor or incompetent is entitled to no payment until a court of competent jurisdiction approves the resolution, Release, Stipulation of Dismissal With Prejudice, and distribution. This provision is only applicable in jurisdictions that require court approval and only to the extent required by the law of the applicable jurisdiction. The parties specifically recognize the ability of the decedent’s heirs to contractually agree to the Release and division of funds as an alternative to judicial involvement.

3.1.2. The making of any Program Award or the payment of a Program Award shall not create any right or expectancy in favor of any other Program Plaintiff or Plaintiffs’ Counsel as to the amount, if any, of such other Program Plaintiff’s or Plaintiffs’ Counsel’s Program Award.

Section 3.2. Proportionate Reduction of Program Award Payments

If for any reason following the determination of Program Awards by the Claims Administrator, the Program Fund is unable to pay all Program Awards and the costs and estimated future costs of the Program, the amount of all Program Awards providing for a monetary payment shall be proportionately reduced sufficient to permit all such payments from the Program Fund, including by reducing the per share value of shares awarded as part of Program Awards. However, nothing in this Section 3.2 permits a reduction in the minimum payment required by Section 2.1.

Article 4

Program Administrators

Section 4.1. Claims Administrator

4.1.1. The Claims Administrator will be David R. Cohen, Esq., who was selected by the PLC and PEC. His appointment shall become effective upon Defendants making the Program Funding Payment.

4.1.2. The Claims Administrator shall be compensated for his reasonable and necessary time charges incurred in the performance of the position as negotiated between

the Claims Administrator and Plaintiffs’ Counsel, the PLC and PEC. The Claims Administrator’s compensation shall be paid from the Program Fund as an Administrative Expense of the Program following the Program Funding Payment into the Plaintiffs’ Program Account. To the extent Defendants exercise their Termination Right and no Program Funding Payment is made into the Plaintiffs’ Program Account, Plaintiffs’ Counsel, on behalf of their clients, shall be responsible for the payment of any fees incurred in connection with the Program, including the reasonable fees of the Claims Administrator.

4.1.3. The PLC and PEC and the Claims Administrator may enter into a written Administrative Agreement setting forth more explicitly the terms of the Claims Administrator’s position and services to be performed, including the provision of liability insurance, with terms that are reasonable for the nature of the functions to be performed. Any Administrative Agreement shall be made available to Program Plaintiffs for inspection. The cost of such Administrative Agreement shall be paid out of the Program Funds.

4.1.4. The Claims Administrator may be terminated by the majority of the PLC and PEC for cause in the event the Claims Administrator fails to fulfill the responsibilities set forth in this Protocol or any Administrative Agreement entered into consistent with the Agreement and this Protocol.

4.1.5. The PLC and PEC, shall engage the services of a Lien Resolution Administrator, whose cost shall be paid from the Program Fund, to ensure that any Governmental Authority Third-Party Provider/Payor statutory Liens are protected and satisfied in connection with any monetary payments made pursuant to Program Awards to Program Plaintiffs.

4.1.6. If the Claims Administrator resigns, is terminated by the PLC and PEC, or fails to fulfill the duties of the Claims Administrator under this Agreement for any reason, the majority of the PLC and PEC shall choose a replacement Claims Administrator. If no such replacement Claims Administrator can be selected within thirty (30) days of the position becoming vacant for any reason, either the PLC, PEC or any Plaintiffs’ Counsel shall make an application on notice to all Plaintiffs’ Counsel to the MDL Court for the appointment of a Claims Administrator (pursuant to the Federal Arbitration Act). Such person so appointed by the MDL Court shall be the Claims Administrator.

Section 4.2. Certain General Authority of the Claims Administrator

4.2.1. The Claims Administrator shall have the authority to perform all actions, to the extent not expressly prohibited by, or otherwise inconsistent with, any provision of the Agreement, deemed by the Claims Administrator to be reasonably necessary for the efficient and timely administration of the Program funded by the Agreement and established by this Protocol.

4.2.2. The Claims Administrator may create administrative procedures, supplementary to (and not inconsistent with) those specified herein or in the Agreement, that provide further specific details about how Program Claims are administered, or other aspects of the Program; provided, however, that such procedures comply with the terms of the Agreement and this Protocol.

Section 4.3. Liability of Administrative Personnel

Neither the Claims Administrator, nor any employee, agent or representative of the Claims Administrator, shall be liable to any Program Plaintiff or Plaintiffs’ Counsel for his acts or omissions, or those of any agent or employee of the Claims Administrator, in connection with the Program except, with respect to each such Person, for such Person’s own willful misconduct. Nothing in this Agreement confers on any Program Plaintiff or Program Plaintiffs’ Counsel any privity of contract with, or other right to institute any action against, the Claims Administrator or any employee, agent or employee of the Claims Administrator or the Lien Resolution Administrator.

Article 5

Attorneys’ Fees and Recoupment of MDL Contributions

Section 5.1. Individual Counsel Attorneys’ Fees

Neither any Defendant nor any other Released Parties shall have any responsibility whatsoever for the payment of Program Plaintiffs’ attorneys’ fees or costs. The Claims Administrator shall make all Program Award Payments to Program Plaintiffs payable in the name of the relevant Program Plaintiffs’ Counsel, subject to the provisions on Liens. However, none of the Released Parties or the Claims Administrator shall have any Liability for any failure to do so. Any division of any Program Award Payment between any Program Plaintiffs (including any with derivative claims) and their respective Counsel is to be determined by such Persons and any such division, or any dispute in relation to such division, shall in no way affect the validity of the Agreement, this Protocol, or the Release or Dismissal With Prejudice Stipulation executed by such Program Plaintiff or his Counsel, as applicable.

Section 5.2. Program Claims For MDL Contributions

5.2.1. Any Plaintiffs’ Counsel may make a Program Claim for the recoupment of MDL Contributions, even if such Plaintiffs’ Counsel does not have an Interest in Program Claims submitted by Program Plaintiffs.

5.2.2. The Claims Administrator shall determine these Program Claims with the same authority as all Program Claims. The Claims Administrator may require the submission of such records or other documentation or proof necessary for the fair and reasonable determination of the Program Claims of the Plaintiffs’ Counsel submitted pursuant to Section 5.2. Any such Program Claims by Plaintiff’s Counsel shall be submitted no later than thirty (30) days after Defendants make the Program Funding Payment.

5.2.3. Any Program Award issued pursuant to Section 5.2 will be based on the evaluation and final, binding and Non-Appealable decision of the Claims Administrator. The Claims Administrator is prohibited from considering any Program Claim for common-benefit attorneys’ fees. The Claims Administrator may make Program Award Payments to Plaintiffs’ Counsel for recoupment of MDL Contributions immediately upon the Claims Administrator’s determination of such Program Awards.

5.2.4. Under no circumstances shall the aggregate amount of all Program Awards issued by the Claims Administrator pursuant to Section 5.2 exceed one-third (1/3) of the gross Program Funds.

Article 6

Submission to Authority

Section 6.1. Submission to Authority of Claims Administrator

6.1.1. Each Plaintiffs’ Counsel by executing the Agreement, and each Plaintiff by submitting a Release pursuant to Section 2.1 of the Agreement, agrees that authority over the Program, the process contemplated by the Program and this Protocol, including any decisions with respect to Program Claims, including Program Claims for MDL Contributions, submitted under the Program, resides with the Claims Administrator appointed pursuant to this Protocol to exercise that authority, as such authority is specified in this Protocol.

6.1.2. In making decisions concerning Program Awards to be made or in causing the payment of Program Awards from the Plaintiffs’ Program Account, except with respect to the payment of Governmental Authority Third-Party Provider/Payor statutory Liens, it is expressly agreed that the Claims Administrator’s decisions shall be final, binding and Non-Appealable in the same manner and extent as the awards of binding arbitrators under the Federal Arbitration Act.

6.1.3. If the Claims Administrator concludes that he should not determine an issue arising under this Protocol or otherwise in connection with the Protocol or any Program Claim, including any Program Claim for MDL Contributions, the Claims Administrator shall appoint a Neutral, free of any conflicts of interest in the matter at issue, to sit as a substitute claims administrator to decide the matter or issue referred and whose decision shall be final, binding and Non-Appealable. However, any prior decisions of the Claims Administrator on analogous issues referred to the Neutral shall be binding precedent upon the Neutral.

6.1.4. If the Claims Administrator or Neutral is, under applicable law or ethical requirements, precluded from determining a matter or issue otherwise to be determined by the Claims’ Administrator or Neutral, the Claims Administrator shall request that the President of the Bar Association of the City of Cleveland appoint a substitute arbitrator to decide that matter or issue in the same manner required of the Neutral. Once so appointed, that person shall act as the Neutral for the matter or issue so referred.

Article 7

Quality Control and Audit Procedures

Section 7.1. Prevention and Detection of Fraud—General

7.1.1. The Claims Administrator shall have the authority and obligation to institute claim-auditing procedures and other procedures designed to detect and prevent the payment of fraudulent Program Claims.

7.1.2. In cases of inconsistency, suspicion of irregularity, or similarly appropriate circumstances, the Claims Administrator may review and analyze other documents or materials to which the Claims Administrator has access.

7.1.3. The Claims Administrator shall notify Plaintiffs’ Counsel, the PLC and PEC, and any implicated Program Plaintiff and his Counsel, of any indicia of deception, dishonesty or fraud of which it becomes aware relating to any Program Claim or in any way to the Program. The Claims Administrator may also notify the appropriate legal authorities as well.

7.1.4. No Program Award may be paid in respect of a Program Claim while that Claim is the subject of an audit by the Claims Administrator or under further investigation by the Claims Administrator or any law enforcement authority.

Section 7.2. Program Plaintiffs’ Counsel’s Audit Right

7.2.1. The PLC, PEC, and any Plaintiffs’ Counsel who submits a Program Claim shall each have the right and discretion, at their own expense, to have an independent audit of the Program conducted to verify (i) Program Claims submitted by any Program Plaintiff or any Plaintiffs’ Counsel, (ii) the administrative costs and expenses of the Program, and (iii) the Program Funds and Plaintiffs’ Program Account. The Claims Administrator shall fully cooperate with any such audits.

7.2.2. The PLC, PEC, and any Plaintiffs’ Counsel shall notify the Claims Administrator of any audit to be conducted pursuant to Section 7.2.1 and which Program Claims (if any in particular) are to be audited.

7.2.3. If following completion of an audit, the PLC, PEC, or any Plaintiffs’ Counsel is of the view that any indicia of deception, dishonesty or fraud relating to Program Claims or in any way to the Program exist, the PLC, PEC, or any Plaintiffs’ Counsel, shall bring such matter to the attention of the Claims Administrator for possible action or may proceed directly to report such matter to the proper law enforcement authorities.

Section 7.3. Inaccuracy of Representations, Warranties or Certifications

Without limitation of the foregoing provisions of this Article 7, in the event that any representation, warranty, certification or covenant made in any Program Claim is inaccurate or breached in any material respect (and such inaccuracy or breach is not cured within ten (10)

days of notice thereof by the Claims Administrator) or such Program Claim is determined by the Claims Administrator to have been fraudulent, such Program Plaintiff immediately shall cease to have any further rights under the Program to be considered to receive a Program Award; however, any Release or Stipulation of Dismissal With Prejudice provided by such Program Plaintiff shall remain valid and enforceable.

Section 7.4. No Misrepresentation of Program

Each Program Plaintiffs’ Counsel hereby covenants not to make any misrepresentation to any Plaintiff or any other person with respect to (i) this Protocol, (ii) the Program, (iii) the Agreement, or (iv) any guarantee of receiving a Program Award or payment pursuant to the Program, as no such guarantee of a monetary award exists under the terms of this Protocol or the Agreement, except for the minimum $100.00 payment set forth in Section 2.1.1.

Section 7.5. Program Claim Confidential Information

Any personal records or other personal information provided in connection with a Program Claim, and the amount of any Program Award, shall be kept confidential by the Parties and the Claims Administrator, Lien Resolution Administrator, and any Claims Evaluator and, in the case of a Program Award, such Program Plaintiff and his Counsel, and shall not be disclosed except (i) to appropriate Persons to the extent necessary to process Program Claims or provide Program Award Payments, if any, or satisfy reporting requirements with respect to potential governmental Liens, or resolve Liens under the Agreement and this Protocol, (ii) as otherwise expressly provided in the Agreement and this Protocol, (iii) as may be required by law or ethical requirements, (iv) as may be necessary to obtain court approval where such approval is necessary, (iv) as may be reasonably necessary to enforce, or exercise Defendants’ rights under or with respect to any Releases and Stipulations of Dismissal With Prejudice, or (v) to other Plaintiffs or immediate family members, Counsel, accountants or financial advisors of such Program Plaintiff, if any (each of whom shall be instructed by such Program Plaintiff, upon such disclosure, to maintain and honor the confidentiality of such information). All Program Plaintiffs shall be deemed to have consented to the disclosure of these records and other information for these purposes.

Article 8

Certain Definitions

Section 8.1. Definitions

For the purposes of this Protocol, defined terms (designated by initial capitalization throughout the Protocol) shall have the meaning provided in the Resolution Agreement. The following terms shall have the meanings set forth in this Section.

8.1.1. “Administrative Agreement” means any agreement among or between (i) the Claims Administrator, (ii) Lien Resolution Administrator, (iii) Claims Evaluator (iv) PEC, (v) PLC, or (vi) Plaintiffs’ Counsel with respect to such services rendered or to be rendered in connection with the Program.

8.1.2. “Administrative Expenses” means (i) any fees, expenses, indemnification payments or other like amounts payable from time to time to past or present Claims Administrators, Lien Resolution Administrators, or Claims Evaluators pursuant to past or present Administrative Agreements, (ii) any amounts required to be expended to acquire and maintain insurance for the benefit of the past or present Claims Administrator pursuant to the terms of any past or present Administrative Agreement and (iii) such other amounts as may be specified in any past or present Administrative Agreement to constitute “Administrative Expenses” for purposes of this Agreement.

8.1.3. “Claims Administrator” means the Person named in this Protocol or who from time to time is appointed by the majority of the Plaintiffs’ Counsel and the PLC and PEC to fulfill the functions of the “Claims Administrator” under this Protocol (so long as such Person continues to serve in such capacity).

8.1.4. “Non-Appealable” means not subject to (i) any further right of appeal to any Administrator or otherwise within the Program or (ii) any right of appeal to the MDL Court, any other federal or state court, or any other court.

8.1.5. “Program Funding Payment” means the payment that Defendants are required to make under Section 3.2.1 of the Agreement.

8.1.6. “Program Funds” means the Program Funding Payment deposited into the Plaintiffs’ Program Account by Defendants pursuant to Section 3.2.1 of the Agreement and any net interest earned by said funds.

8.1.7. “Program Award” means the award to a Program Plaintiff or a Plaintiffs’ Counsel by the Claims Administrator, including the $100 minimum payment set forth in Section 2.1.1.

8.1.8. “Program Award Payment” means the amount of money to be paid to a Program Plaintiff or a Plaintiffs’ Counsel by the Claims Administrator from the Program Fund pursuant to a Program Award, subject to the provisions on Liens, where a Program Award is for a monetary amount.

8.1.9. “Program Claim” means the claim submitted to the Program by, or on behalf of, a Program Plaintiff or a claim pursuant to Section 6.2 submitted by a Plaintiffs’ Counsel and all materials submitted in support of such Program Claim before the Claims Administrator.

THIS CONCLUDES THE PROTOCOL

RESOLUTION AGREEMENT - EXHIBIT B

MDL CASES

Court

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

N.D. Ohio

1:08-wf-17551-KMO

Abercrombie

Robert W.

Richard Barrett

N.D. Ohio

1:08-wf-17576-KMO

Allen

Grover

Grant Kaiser

N.D. Ohio

1:09-wf-17068-KMO

Arthur

Ira

Grant Kaiser

N.D. Ohio

1:06-cv-17257-KMO

Atzinger

Ronald

Richard Barrett

N.D. Ohio

1:08-wf-17037-KMO

Baxter

James

Braswell, Kasie M. & Vic Welsh

N.D. Ohio

1:03-cv-17319-KMO

Bienvenu

Stephen

MS Joint Venture/Scott Nelson

N.D. Ohio

1:05-cv-18857-KMO

Boling

Christopher

Richard Barrett

N.D. Ohio

1:06-cv-17165-KMO

Boose

Bernard

Grant Kaiser

N.D. Ohio

1:05-cv-18131-KMO

Brassfield

Kenneth W.

Richard Barrett

N.D. Ohio

1:08-wf-17651-KMO

Brigham

Richard E.

Pro Se

N.D. Ohio

1:06-cv-17243-KMO

Brown

Russell

Goldenberg Miller

N.D. Ohio

1:05-cv-19304-KMO

Bullard

Wallace Reed

John T. Ward & George Buchanan

N.D. Ohio

1:06-cv-17122-KMO

Burleigh

Michael

MS Joint Venture/Scott Nelson

N.D. Ohio

1:08-wf-17564-KMO

Campbell

James R.

Richard Barrett

N.D. Ohio

1:08-wf-17633-KMO

Carrington

Robert

Pro Se

N.D. Ohio

1:05-cv-18010-KMO

Casillas

Eliud

Pro Se

N.D. Ohio

1:09-wf-17069-KMO

Castillo

Abelardo

Grant Kaiser

N.D. Ohio

1:08-wf-17727-KMO

Cleveland

Carnel

Richard Barrett

N.D. Ohio

1:05-cv-19202-KMO

Cox

Olen

Richard Barrett

N.D. Ohio

1:05-cv-18111-KMO

Davis

John T.

Richard Barrett

N.D. Ohio

1:05-cv-17203-KMO

Dillingham

Nicholas

Pro Se

N.D. Ohio

1:08-wf-17672-KMO

Dix

Clarence

Grant Kaiser

N.D. Ohio

1:05-cv-17819-KMO

Edwards

Willie

Pro Se

N.D. Ohio

1:09-wf-17066-KMO

Emerson

Janice

Pro Se

N.D. Ohio

1:08-wf-17866-KMO

English

William

Grant Kaiser

N.D. Ohio

1:04-cv-18700-KMO

Evans

Reggie

MS Joint Venture/Scott Nelson

RESOLUTION AGREEMENT - EXHIBIT B

Court

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

N.D. Ohio

1:05-cv-18859-KMO

Fair

Matt

Richard Barrett

N.D. Ohio

1:09-wf-17060-KMO

Falco

Antonio

Richard Barrett

N.D. Ohio

1:08-wf-17693-KMO

Gibson

Robert

Grant Kaiser

N.D. Ohio

1:09-wf-17051-KMO

Goodson

Larry

Carlisle Craig LLP

N.D. Ohio

1:03-cv-17260-KMO

Hall

Charles

Pro Se

N.D. Ohio

1:08-wf-17522-KMO

Hall

Jessie

Richard Barrett

N.D. Ohio

1:09-wf-17088-KMO

Hammond

Terry

Grant Kaiser

N.D. Ohio

1:08-wf-17721-KMO

Harvey

Robert

Grant Kaiser

N.D. Ohio

1:03-cv-17299-KMO

Hebert

Daniel

MS Joint Venture/Scott Nelson

N.D. Ohio

1:06-cv-17042-KMO

Henson

Mark

Grant Kaiser

N.D. Ohio

1:04-cv-18808-KMO

Heyer

Paul

MS Joint Venture/Scott Nelson

N.D. Ohio

1:08-wf-17275-KMO

Hogan

Randy

Zimmerman Reed

N.D. Ohio

1:08-wf-17634-KMO

Hughes

Phillip Wayne

Taylor Martino

N.D. Ohio

1:09-wf-17084-KMO

Hunt

John

Grant Kaiser

N.D. Ohio

1:04-cv-21266-KMO

Jackson

Thomas

Grant Kaiser

N.D. Ohio

1:08-wf-17509-KMO

Jackson

Thomas V.

The Law Group

N.D. Ohio

1:06-cv-17268-KMO

Jankans

Jerry

Robert E. Paul

N.D. Ohio

1:04-cv-18810-KMO

Jerkins

Charles

Grant Kaiser

N.D. Ohio

1:06-cv-17052-KMO

Jones

Gary

Grant Kaiser

N.D. Ohio

1:05-cv-18091-KMO

Lester

Glen A.

Richard Barrett

N.D. Ohio

1:08-wf-17745-KMO

Linck

Melvin

Grant Kaiser

N.D. Ohio

1:05-cv-17061-KMO

Longbrake

Martin

Grant Kaiser

N.D. Ohio

1:09-wf-17062-KMO

Lott

Michael E.

MS Joint Venture/Scott Nelson

N.D. Ohio

1:05-cv-18008-KMO

Luiting

Gary

Richard Barrett

N.D. Ohio

1:04-cv-17124-KMO

Lummus

Marcell

Grant Kaiser

N.D. Ohio

1:06-cv-17000-KMO

Luster

Larry

Grant Kaiser

N.D. Ohio

1:08-wf-17535-KMO

Madison

Kenneth Eugene

Richard Barrett

N.D. Ohio

1:06-cv-17288-KMO

Mann

David

Zimmerman Reed

N.D. Ohio

1:05-cv-18892-KMO

McAlister

Randy Dean

Charles A. Johnson

RESOLUTION AGREEMENT - EXHIBIT B

Court

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

N.D. Ohio

1:05-cv-18098-KMO

McCorkle

Freddie Q.

Richard Barrett

N.D. Ohio

1:08-wf-17873-KMO

McDougal

Ronald Gene

Cory Watson Crowder & DeGaris

N.D. Ohio

1:09-wf-17085-KMO

McHam

Grant Kaiser

N.D. Ohio

1:05-cv-17672-KMO

McKeithen

Mardie

John Franklin McKay; McKay Law Firm

N.D. Ohio

1:04-cv-19186-KMO

Mene

Kelly

MS Joint Venture/Scott Nelson

N.D. Ohio

1:08-wf-17766-KMO

Montenegro

Alexis

Grant Kaiser

N.D. Ohio

1:05-cv-18113-KMO

Moore

Franklin Z.

Richard Barrett

N.D. Ohio

1:05-cv-18777-KMO

Morgan

William C.

Grant Kaiser

N.D. Ohio

1:08-wf-17771-KMO

Muravchik

Michael

Grant Kaiser

N.D. Ohio

1:08-wf-17772-KMO

Neumayer

Eugene

Grant Kaiser

N.D. Ohio

1:06-cv-17182-KMO

Oquist

Dean A.

Grant Kaiser

N.D. Ohio

1:05-cv-18860-KMO

Owens

Harold

Richard Barrett

N.D. Ohio

1:08-wf-17779-KMO

Padgett

Randall

Grant Kaiser

N.D. Ohio

1:07-wf-17130-KMO

Painter

Christopher

Grant Kaiser

N.D. Ohio

1:05-cv-18013-KMO

Patterson

Parnell

Grant Kaiser

N.D. Ohio

1:04-cv-17277-KMO

Pederson

Gregory D.

Grant Kaiser

N.D. Ohio

1:09-wf-17089-KMO

Peveto

Thurman

Grant Kaiser

N.D. Ohio

1:05-cv-18773-KMO

Phillips

Jerry

Grant Kaiser

N.D. Ohio

1:05-cv-17093-KMO

Poff

Gus

Grant Kaiser

N.D. Ohio

1:08-wf-17792-KMO

Purdy

Ricky

Grant Kaiser

N.D. Ohio

1:08-wf-17795-KMO

Quiles

Edwin

Grant Kaiser

N.D. Ohio

1:05-cv-18115-KMO

Reed

Harvey W.

Richard Barrett

N.D. Ohio

1:04-cv-18744-KMO

Sanford

Ronnie L.

MS Joint Venture/Scott Nelson

N.D. Ohio

1:08-wf-17440-KMO

Schoenberg

Richard

Richard Barrett

N.D. Ohio

1:08-wf-17572-KMO

Scott

Robert E.

Richard Barrett

N.D. Ohio

1:09-wf-17015-KMO

Seely

Jeff A.

Zimmerman Reed

N.D. Ohio

1:05-cv-19256-KMO

Simpson

Bruce G.

Roda Nast

N.D. Ohio

1:07-wf-17009-KMO

Skiles

Curtis R.

Brian Barr & Tim Yianne

N.D. Ohio

1:08-wf-17811-KMO

Sohmer

William

Grant Kaiser

RESOLUTION AGREEMENT - EXHIBIT B

Court

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

N.D. Ohio

1:04-cv-17009-KMO

Sparks

Samuel

Grant Kaiser

N.D. Ohio

1:06-cv-17026-KMO

Street

Richard

Grant Kaiser

N.D. Ohio

1:05-cv-18766-KMO

Summers

Ronald

Grant Kaiser

N.D. Ohio

1:08-wf-17863-KMO

Swaynos

John

Cory Watson Crowder & DeGaris

N.D. Ohio

1:04-cv-18948-KMO

Tamraz

Jeff

John Climaco

N.D. Ohio

1:08-wf-17826-KMO

Taylor

Robert Brooks

Grant Kaiser

N.D. Ohio

1:07-wf-17092-KMO

Teraoka

Bruce

Grant Kaiser

N.D. Ohio

1:07-wf-17134-KMO

Toscano

Michael

Grant Kaiser

N.D. Ohio

1:05-cv-17996-KMO

Trombley

William John

Richard Barrett

N.D. Ohio

1:08-wf-17838-KMO

Waldroup

Vernon

Grant Kaiser

N.D. Ohio

1:05-cv-18078-KMO

Wallace

Robert D.

Richard Barrett

N.D. Ohio

1:06-cv-17286-KMO

Walsh

William E.

Dennis J. Whelan

N.D. Ohio

1:08-wf-17608-KMO

Watts

Alton L.

Richard Barrett

N.D. Ohio

1:05-cv-18673-KMO

Wisener

Lynn

Richard Barrett

N.D. Ohio

1:05-cv-18083-KMO

Wood

Davy A.

Richard Barrett

N.D. Ohio

1:11-wf-17000-KMO

Wozniak

David P.

Richard Barrett

RESOLUTION AGREEMENT - EXHIBIT B

STATE COURT CASES

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Arkansas

Jefferson

CV-2005-164-2

Carroll

Lawrence

Barrett Law

Arkansas

Union

CV04-466-6

Crain

John

Barrett Law

Arkansas

Jefferson

04-903-2

Doherty

Billy

Barrett Law

Arkansas

Jefferson

04-903-2

Froman

Jerry

Barrett Law

Arkansas

Saline

CV05-260-3

Goshien

Ronnie

Barrett Law

Arkansas

Calhoun

CV04-49-6

Lambert

Hazel

Barrett Law

Arkansas

Calhoun

CV04-49-6

Lambert

Larry

Barrett Law

Arkansas

Jefferson

04-903-2

Marks

Lordis

Barrett Law

Arkansas

Union

04-0487-4

Millican

Autie

Barrett Law

Arkansas

Union

04-0487-4

Newman

Paul

Barrett Law

Arkansas

Jefferson

04-903-2

Smith

David

Barrett Law

Arkansas

Garland

CV-2009-801

Stanley

Mitchell

Barrett Law

Arkansas

Jefferson

CV-2005-164-2

Thomas

Edward

Barrett Law

Arkansas

Phillips

CV04-380

Turner

David

Barrett Law

Arkansas

Jefferson

CV-2005-164-2

Washington

Andrew

Barrett Law

California

Alameda

RGO05212890

Aguirre

Francisco

Weltin

California

Alameda

RGO05212890

Albarran

Justo

Weltin

California

Alameda

RGO05212890

Armani

Mario

Weltin

California

Alameda

RGO05212890

Bjeloglavic

Admir

Weltin

California

Alameda

RGO05212890

Bowie

Andrea

Weltin

California

Alameda

RGO05212890

Bowser

David

Weltin

California

Alameda

RGO05212890

Budic

Ibrahim

Weltin

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

California

Alameda

RGO05212890

Canalin

Tammie

Weltin

California

Alameda

RGO05212890

Cavazos

Roel

Weltin

California

Alameda

RGO05212890

Cisneros

Lorenzo

Weltin

California

Alameda

RGO05212890

Clegg

Bennett

Weltin

California

Alameda

RGO05212890

Cuevas

Jerry

Weltin

California

Alameda

RGO05212890

Cushman

Aaron

Weltin

California

Alameda

RGO05212890

Dixon

David

Weltin

California

Alameda

RGO05212890

Dolan

Randolph

Weltin

California

Alameda

RGO05212890

Dowell

Gene

Weltin

California

Alameda

RGO05212890

Garcia

Anthony

Weltin

California

Alameda

RGO05212890

Gaytan

Lupe

Weltin

California

Alameda

RGO05212890

Granados

Aristeo

Weltin

California

Alameda

RGO05212890

Hallstrom

Chris

Weltin

California

Alameda

RGO05212890

Jadali

Anooshiravan

Weltin

California

Alameda

RGO05212890

Jones

Michael

Weltin

California

Alameda

RGO05212890

Kelley

Kevin

Weltin

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

California

Alameda

RGO05212890

Kim

Hyon-Jun

Weltin

California

Alameda

RGO05212890

Krudwig

James

Weltin

California

Alameda

RGO05212890

Kurpieski

Alan

Weltin

California

Alameda

RGO05212890

Leon

Angel

Weltin

California

Alameda

RG 05 242754

Link

Gustave

Edward M. Bull III

California

Alameda

RGO05212890

McDonald

Stanley

Weltin

California

Alameda

RGO05212890

McMellen

David

Weltin

California

Alameda

RGO05212890

Morales

Robert

Weltin

California

Alameda

RGO05212890

Moya

Gilbert

Weltin

California

Alameda

RGO05212890

Nunes

Wayne

Weltin

California

Alameda

RGO05212890

Ochoa

Ventura

Weltin

California

Alameda

RGO05212890

Otto

Darrel

Weltin

California

Alameda

RGO05212890

Paulk

Luke

Weltin

California

Alameda

RGO05212890

Reyes

John

Weltin

California

Alameda

RGO05212890

Rico

Rigoberto

Weltin

California

Alameda

RGO05212890

Rivera

Fernando

Weltin

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

California

Alameda

RGO05212890

Roundtree

David

Weltin

California

Alameda

RGO05212890

Rover

Monique

Weltin

California

Alameda

RGO05212890

Saeed

Tarik

Weltin

California

Alameda

RGO05212890

Self

Margarette

Weltin

California

Alameda

RGO05212890

Smith

Joel

Weltin

California

Alameda

RGO05212890

Soto

Miguel

Weltin

California

Alameda

RGO05212890

Thompson

Daniel

Weltin

California

Alameda

RGO05212890

Torres

Marco

Weltin

California

Alameda

RGO05212890

Upshaw

Jimmy

Weltin

California

Alameda

RGO05212890

Wafer

William

Weltin

Georgia

Fulton

52780

Aguilar

Salvador

withdrawn

Georgia

Fulton

2009EV006353G

Albert

Jean-Paul

Papantonio

Georgia

Fulton

2009EV006351G

Anderson

Lyle

Papantonio

Georgia

Fulton

2009EV006350G

Antoine

Agnes

Papantonio

Georgia

Fulton

2009EV006352G

Bailey

John Sr

Papantonio

Georgia

Fulton

2009EV006292G

Barfoot

Billy

Papantonio

Georgia

Fulton

2009EV006295G

Barger

Daniel

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

2009EV006293G

Bastien

James

Papantonio

Georgia

Fulton

52791

Batro

Curtis

withdrawn

Georgia

Fulton

2009EV006315G

Black

Ellie

Papantonio

Georgia

Fulton

2009EV006310G

Brace

Robert

Papantonio

Georgia

Fulton

2009EV006306G

Bradham

Robert

Papantonio

Georgia

Fulton

2009EV006319G

Brady

Barry

Papantonio

Georgia

Fulton

2009EV006340G

Brown

Mike

Papantonio

Georgia

Fulton

2009EV006336G

Bruns

Ronald

Papantonio

Georgia

Fulton

2009EV006330G

Bryan

Lyle

Papantonio

Georgia

Fulton

2009EV006327G

Buncich

Milos

Papantonio

Georgia

Fulton

52788

Burnette

William

withdrawn

Georgia

Fulton

2009EV006356G

Canning

Ronald

Papantonio

Georgia

Fulton

2009EV006349G

Carson

William

Papantonio

Georgia

Fulton

2009EV006377G

Carter

Spencer

Papantonio

Georgia

Fulton

2009EV006373G

Caves

Norah

Papantonio

Georgia

Fulton

2009EV006368G

Chambers

Celdon

Papantonio

Georgia

Fulton

2009EV006365G

Champeau

Roy

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

2009EV006363G

Chinn

Kevin

Papantonio

Georgia

Fulton

2009EV006360G

Chopskie

Guy

Papantonio

Georgia

Fulton

2009EV006366G

Davis

Jeffrey

Papantonio

Georgia

Fulton

2009EV006364G

Davis

Kevin

Papantonio

Georgia

Fulton

2009EV006362G

Densmore

Charles

Papantonio

Georgia

Fulton

2009EV006361G

Dunlap

David

Papantonio

Georgia

Fulton

2009EV006343G

Earnhart

Dale

Papantonio

Georgia

Fulton

2009EV006355G

Ensor

Donald

Papantonio

Georgia

Fulton

2009EV006354G

Eubanks

William

Papantonio

Georgia

Fulton

2009EV006347G

Fields

David

Papantonio

Georgia

Fulton

2009EV006378G

Fisher

Bradley

Papantonio

Georgia

Fulton

2009EV026376G

Fletcher

Willie

Papantonio

Georgia

Fulton

2009EV006375G

Foster

Ronnie

Papantonio

Georgia

Fulton

2009EV006374G

Frederick

Robert

Papantonio

Georgia

Fulton

52830

Gaither

Bobby

Papantonio

Georgia

Fulton

2009EV006372G

Garus

Micky

Papantonio

Georgia

Fulton

2009EV006370G

Gibson

Robert

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

2009EV006369G

Gooden

Robert

Papantonio

Georgia

Fulton

2009EV006367G

Guernsey

Dennis Sr

Papantonio

Georgia

Fulton

2009EV006294G

Hall

Clenton Sr

Papantonio

Georgia

Fulton

2009EV006296G

Harding

Charles

Papantonio

Georgia

Fulton

2009EV006304G

Harding

Joe

Papantonio

Georgia

Fulton

2009EV006299G

Hastings

Oscar

Papantonio

Georgia

Fulton

2009EV006308G

Hatcher

James

Papantonio

Georgia

Fulton

2009EV006322G

Hawkins

James

Papantonio

Georgia

Fulton

2009EV006334G

Haynie

Howard

Papantonio

Georgia

Fulton

2009EV006346G

Hess

Stanley

Papantonio

Georgia

Fulton

209EV096342G

Higgins

Mark

Papantonio

Georgia

Fulton

2009EV006348G

Hill

Kyle

Papantonio

Georgia

Fulton

52793

Hughes

Joe

withdrawn

Georgia

Fulton

2009EV006371G

Hutcherson

John

Papantonio

Georgia

Fulton

2009EV006393G

Johnson

Floyd

Papantonio

Georgia

Fulton

2009EV006392G

Johnson

Harold

Papantonio

Georgia

Fulton

52782

Joiner

Norman

withdrawn

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

2009EV006390G

Joyce

David

Papantonio

Georgia

Fulton

2009EV006388G

Kirkpatrick

Charles

Papantonio

Georgia

Fulton

2009EV006397G

Kruse

Meridel

Papantonio

Georgia

Fulton

2009EV006385G

Labendz

Alan

Papantonio

Georgia

Fulton

2009EV006382G

Laing

Cecil

Papantonio

Georgia

Fulton

2009EV006379G

Landt

Russell

Papantonio

Georgia

Fulton

2009EV006400G

Lane

Robert

Papantonio

Georgia

Fulton

2009EV006399G

Lang

David

Papantonio

Georgia

Fulton

2009EV006398G

Lindsey

Buddy Sr

Papantonio

Georgia

Fulton

52829

Long

Terry

Papantonio

Georgia

Fulton

2009EV006401G

Maharrey

Major Jr

Papantonio

Georgia

Fulton

2009EV006380G

Mason

Jerry

Papantonio

Georgia

Fulton

2009EV006381G

Matthews

James

Papantonio

Georgia

Fulton

2009EV006383G

Mayes

Kenneth

Papantonio

Georgia

Fulton

2009EV006384G

McManus

Roy Sr

Papantonio

Georgia

Fulton

2009EV006386G

Meade

Kenneth

Papantonio

Georgia

Fulton

2009EV006387G

Melton

Jesse

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

52779

Miskimen

Larry

withdrawn

Georgia

Fulton

2009EV006389G

Mitchell

John Jr

Papantonio

Georgia

Fulton

2009EV006391G

Moorer

Arthur

Papantonio

Georgia

Fulton

2009EV006357G

Moreno

Mario

Papantonio

Georgia

Fulton

2009EV006358G

Moreno

Ramiro

Papantonio

Georgia

Fulton

2009EV006359G

Myrick

Randy

Papantonio

Georgia

Fulton

2009EV006331G

Niner

George

Papantonio

Georgia

Fulton

2009EV006335G

Owen

Grant

Papantonio

Georgia

Fulton

52781

Parker

Ken

withdrawn

Georgia

Fulton

2009EV006339G

Patrick

Fred

Papantonio

Georgia

Fulton

2009EV006318G

Perry

David

Papantonio

Georgia

Fulton

2009EV006324G

Peters

Clinton

Papantonio

Georgia

Fulton

2009EV006305G

Pettway

John Sr

Papantonio

Georgia

Fulton

2009EV006309G

Powell

Tommie

Papantonio

Georgia

Fulton

2009EV006313G

Ranua

Charles

Papantonio

Georgia

Fulton

2009EV006316G

Ratliff

Leon

Papantonio

Georgia

Fulton

2009EV006297G

Rochester

Arnold

Papantonio

Georgia

Fulton

34890

Rogers

Terry

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

2009EV006301G

Rubinate

John Sr

Papantonio

Georgia

Fulton

2009EV006344G

Seaman

Ernest

Papantonio

Georgia

Fulton

2009EV006345G

Seibert

Gary

Papantonio

Georgia

Fulton

2009EV006328G

Sendall

Charles

Papantonio

Georgia

Fulton

2009EV006329G

Silk

Ronald

Papantonio

Georgia

Fulton

52831

Slaughter

Michael

Papantonio

Georgia

Fulton

2009EV006332G

Slavens

Earl

Papantonio

Georgia

Fulton

2009EV006333G

Smith

Fonzo

Papantonio

Georgia

Fulton

2009EV006337G

Smith

James

Papantonio

Georgia

Fulton

2009EV006338G

Stephens

Edward

Papantonio

Georgia

Fulton

2009EV006341G

Stout

Leonard

Papantonio

Georgia

Fulton

2009EV006320G

Syx

Robert

Papantonio

Georgia

Fulton

2009EV006321G

Tarquin

Luke

Papantonio

Georgia

Fulton

2009EV006323G

Tate

Irene

Papantonio

Georgia

Fulton

2009EV006325G

Tillman

Joseph

Papantonio

Georgia

Fulton

2009EV006326G

Tipton

Jerry

Papantonio

Georgia

Fulton

2009EV006307G

Vasquez

Daniel

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Georgia

Fulton

2009EV006302G

Waggoner

George

Papantonio

Georgia

Fulton

2009EV006300G

Watson

Millard

Papantonio

Georgia

Fulton

2009EV006298G

Wells

Harold

Papantonio

Georgia

Fulton

2009EV006317G

White

Eugene

Papantonio

Georgia

Fulton

2009EV006314G

Williams

Mary

Papantonio

Georgia

Fulton

2009EV006312G

Willis

Jesse

Papantonio

Georgia

Fulton

2009EV006311G

Woods

Ramon Jr

Papantonio

Georgia

Fulton

2009EV006303G

Wright

David Sr

Papantonio

Kentucky

Warren

07-C1-2013

Easton

Peter

David Shelton

Louisiana

New Orleans

Barras

David

MS/LA Joint Venture

Louisiana

New Orleans

05-1792

Borel

Roland

TX Venture

Louisiana

New Orleans

03-`0990

Clostio

Raymond

MS/LA Joint Venture

Louisiana

New Orleans

Curole

Frank

MS/LA Joint Venture

Louisiana

New Orleans

05-5692

Fayard

Thaddeus

TX Venture

Louisiana

New Orleans

04-6313

Gasek

Robert

MS/LA Joint Venture

Louisiana

New Orleans

Goudeau

Gordon

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Louisiana

New Orleans

04-6313

Jackson

Willie

MS/LA Joint Venture

Louisiana

New Orleans

03-`0990

Ray

Ronnie

MS/LA Joint Venture

Louisiana

New Orleans

Sanchez

Frank

MS/LA Joint Venture

Louisiana

New Orleans

Tezeno

Robert

MS/LA Joint Venture

Louisiana

New Orleans

Thomas

Freddrick

MS/LA Joint Venture

Louisiana

New Orleans

04-4743

White

Sherman

MS/LA Joint Venture

Louisiana

New Orleans

White

Nicky

TX Venture

Louisiana

New Orleans

Williams

Charles

MS/LA Joint Venture

Mississippi

Copiah

2002-0357

Acy

Lamar

Motley Rice/Shannon

Mississippi

Forrest

CI02-0400

Adams

Kenneth

MS/LA Joint Venture

Mississippi

Smith

2002-496

Anderson

Leroy

MS/LA Joint Venture

Mississippi

Smith

2002-545

Anderson

James

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Arrington

Melton

MS/LA Joint Venture

Mississippi

Smith

2002-545

Artis

Wallace

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-545

Backlin

Alfred

MS/LA Joint Venture

Mississippi

Hinds

257-01-960CV

Backlin

Maxwell

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Bailey

Joel

MS/LA Joint Venture

Mississippi

Smith

2002-499

Bailey

Donald

MS/LA Joint Venture

Mississippi

Smith

2002-497

Ball

Otis

MS/LA Joint Venture

Mississippi

Smith

2002-499

Beavers

Lonnie

MS/LA Joint Venture

Mississippi

Smith

2002-545

Belk

Jimmy

MS/LA Joint Venture

Mississippi

Clay

2002-269

Bell

Mary

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Bell

Lorenzo

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Bennett

Jackie

MS/LA Joint Venture

Mississippi

Smith

2002-545

Beverly

Willie

MS/LA Joint Venture

Mississippi

Smith

2002-497

Bilbo

Martin

MS/LA Joint Venture

Mississippi

Smith

2002-545

Bishop

Roy

MS/LA Joint Venture

Mississippi

Hinds

2002-260

Blackmon

Joe

MS/LA Joint Venture

Mississippi

Smith

2002-497

Blankenship

William

MS/LA Joint Venture

Mississippi

Smith

2002-545

Bodenheimer

Warren

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-545

Bodenheimer

Warren (a)

MS/LA Joint Venture

Mississippi

Perry

2002-0120

Bolton

Ernest

MS/LA Joint Venture

Mississippi

Smith

2002-545

Boyington

James

MS/LA Joint Venture

Mississippi

Smith

2002-545

Breaux

Irving

MS/LA Joint Venture

Mississippi

Smith

2002-499

Britt

Dorice

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Bronson

Willie

MS/LA Joint Venture

Mississippi

Smith

2002-497

Brown

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-497

Brown

Houston

MS/LA Joint Venture

Mississippi

Smith

2002-499

Brown

Troy

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Bryant

Jewelene

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Bryson

Walter

MS/LA Joint Venture

Mississippi

Smith

2002-499

Burkley

Julianna

MS/LA Joint Venture

Mississippi

Holmes

2002-508

Burrell

Michael

MS/LA Joint Venture

Mississippi

Smith

2002-497

Butler

Ina

MS/LA Joint Venture

Mississippi

Smith

2002-497

Butler

Woodroe

MS/LA Joint Venture

Mississippi

Smith

2002-545

Byrd

Thomas

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-496

Caccioppo

Christopher

MS/LA Joint Venture

Mississippi

Smith

2002-545

Carpenter

Coleman

MS/LA Joint Venture

Mississippi

Smith

2002-545

Carpenter

Coleman (a)

MS/LA Joint Venture

Mississippi

Smith

2002-497

Chanery

Ernest

MS/LA Joint Venture

Mississippi

Smith

2002-497

Chestang

Aristed

MS/LA Joint Venture

Mississippi

Smith

2002-545

Clark

Bernette

MS/LA Joint Venture

Mississippi

Smith

2002-499

Coley

Pat

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Cooley

George

MS/LA Joint Venture

Mississippi

Copiah

2002-0357

Coon

Billy

Motley Rice/Shannon

Mississippi

Smith

2002-545

Coon

Douglas

MS/LA Joint Venture

Mississippi

Smith

2002-497

Cuevas

James

MS/LA Joint Venture

Mississippi

Hinds

257-01-960CV

Dahlgren

Clifton

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Dannehl

Louis

MS/LA Joint Venture

Mississippi

Smith

2002-499

Danzy

Rodney

MS/LA Joint Venture

Mississippi

Smith

2002-499

Darby

Wilson

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Davenport

Thomas

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-497

Davis

Jimmie

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Davis

Edgar

MS/LA Joint Venture

Mississippi

Smith

2002-545

Deneve

Mark

MS/LA Joint Venture

Mississippi

Smith

2002-545

Deneve

Mark

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Dillard

Tommy

MS/LA Joint Venture

Mississippi

Smith

2002-545

Dillard

Jimmy

MS/LA Joint Venture

Mississippi

Smith

2002-497

Dixon

A. C.

MS/LA Joint Venture

Mississippi

Smith

2002-497

Dixon

Cleotha

MS/LA Joint Venture

Mississippi

Smith

2002-545

Dossett

Joseph

MS/LA Joint Venture

Mississippi

Smith

2002-545

Douse

Frank Joseph

MS/LA Joint Venture

Mississippi

Smith

2002-497

Dunaway

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-499

Eanochs

Lonnie

MS/LA Joint Venture

Mississippi

Smith

Eason

Allan

MS/LA Joint Venture

Mississippi

Hinds

2002-0356

Edwards

Bobby

Motley Rice/Shannon

Mississippi

Smith

2002-497

Elmore

Kenneth

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Evans

Ben

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-545

Evans

James

MS/LA Joint Venture

Mississippi

Smith

2002-545

Evans

Stanley

MS/LA Joint Venture

Mississippi

Smith

2002-497

Fairley

Joe

MS/LA Joint Venture

Mississippi

Smith

2002-499

Farmer

John

MS/LA Joint Venture

Mississippi

Smith

2002-545

Faulkner

Hester

MS/LA Joint Venture

Mississippi

Smith

2002-497

Finch

Alfred

MS/LA Joint Venture

Mississippi

Smith

2002-497

Flanagin

James

MS/LA Joint Venture

Mississippi

Smith

2002-499

Fleming

Anthony

MS/LA Joint Venture

Mississippi

Smith

2002-497

Fountain

Perry

MS/LA Joint Venture

Mississippi

Smith

2002-545

Fox

Hurshel

MS/LA Joint Venture

Mississippi

Smith

2002-499

Fraddy

Jerry

MS/LA Joint Venture

Mississippi

Smith

2002-545

Freishtman

Larry

MS/LA Joint Venture

Mississippi

Smith

2002-545

Frost

Randy

MS/LA Joint Venture

Mississippi

Holmes

2002-503

Fuller

Terry W.

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Noxubee

2002-414

Gardner

Jackie

MS/LA Joint Venture

Mississippi

Smith

2002-545

Gardner

Mark

MS/LA Joint Venture

Mississippi

Smith

2002-545

Gardner

Warren

MS/LA Joint Venture

Mississippi

Smith

2002-496

Gaudet

Johnny

MS/LA Joint Venture

Mississippi

Smith

2002-545

Geck

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-497

Gentry

Paul

MS/LA Joint Venture

Mississippi

Smith

2002-545

Godpodinovich

Dominic

MS/LA Joint Venture

Mississippi

Smith

2002-545

Gordon

Eric

MS/LA Joint Venture

Mississippi

Copiah

2002-0357

Graham

Robert

Motley Rice/Shannon

Mississippi

Jones

2002-398

Graham

Henry

Motley Rice/Shannon

Mississippi

Noxubee

2002-414

Graves

Arthur

MS/LA Joint Venture

Mississippi

Smith

2002-499

Green

William

MS/LA Joint Venture

Mississippi

Smith

2002-545

Green

Glendell

MS/LA Joint Venture

Mississippi

Smith

2002-545

Greenlee

Percy

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Greer

Edward

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-499

Griffin

Mamie

MS/LA Joint Venture

Mississippi

Smith

2002-499

Hackett

Curtis

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Hall

Carlton

MS/LA Joint Venture

Mississippi

Smith

2002-499

Harris

Calvin

MS/LA Joint Venture

Mississippi

Smith

2002-545

Harris

Steven

MS/LA Joint Venture

Mississippi

Smith

2002-545

Harris

Vernon

MS/LA Joint Venture

Mississippi

Smith

2002-545

Harrison

Bryant

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Harsin

Mark

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Hathorn

Willie

MS/LA Joint Venture

Mississippi

Hinds

257-01-960CV

Hathorn

Daniel

MS/LA Joint Venture

Mississippi

Smith

2002-499

Haymond

Willie

MS/LA Joint Venture

Mississippi

Jones

2002-396-CV12

Holifield

Ronnie

Motley Rice/Shannon

Mississippi

Smith

2002-499

Howell

Robert

MS/LA Joint Venture

Mississippi

Smith

2002-497

Howie

James

MS/LA Joint Venture

Mississippi

Smith

2002-499

Hudson

Charlie

MS/LA Joint Venture

Mississippi

Smith

2002-497

Hunt

Jewel

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-499

Hutchinson

Mike

MS/LA Joint Venture

Mississippi

Smith

2002-497

Hyatt

Johnny

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Ishee

Samuel

MS/LA Joint Venture

Mississippi

Claiborne

2002-342

Jackson

Maurice

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Jackson

Monica

MS/LA Joint Venture

Mississippi

Smith

2002-499

Jacobson

Raymond

MS/LA Joint Venture

Mississippi

Hinds

Johnson

James

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Johnson

Bobby

MS/LA Joint Venture

Mississippi

Smith

2002-499

Johnson

John F.

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Jones

James

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Jones

Roy

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Jones

Zachary

MS/LA Joint Venture

Mississippi

Smith

2002-545

Jones

Alexander

MS/LA Joint Venture

Mississippi

Smith

2002-545

Jones

Jerry

MS/LA Joint Venture

Mississippi

Smith

2002-545

Jones

Joseph

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-545

Jones

Joseph

MS/LA Joint Venture

Mississippi

Smith

2002-545

Jordan

Ollie

MS/LA Joint Venture

Mississippi

Smith

2002-499

King

Samuel

MS/LA Joint Venture

Mississippi

Jones

2002-397

Knight

Albert

Motley Rice/Shannon

Mississippi

Jones

Knight

James

Motley Rice/Shannon

Mississippi

Smith

2002-497

Kuhn

Stephen

MS/LA Joint Venture

Mississippi

Smith

2002-497

Ladner

Billy

MS/LA Joint Venture

Mississippi

Smith

2002-497

Ladner

Carl

MS/LA Joint Venture

Mississippi

Smith

2002-497

Ladner

Cleyton

MS/LA Joint Venture

Mississippi

Smith

2002-497

Ladner

Joe

MS/LA Joint Venture

Mississippi

Smith

2002-499

Ladner

Harry

MS/LA Joint Venture

Mississippi

Smith

2002-499

Lambert

Randy

MS/LA Joint Venture

Mississippi

Smith

2002-499

Lamey

John

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Langley

Glaston

MS/LA Joint Venture

Mississippi

Smith

2002-497

Langlinais

Roosevelt

MS/LA Joint Venture

Mississippi

Smith

2002-497

Lawrence

Roger

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-545

Lawton

Clayton

MS/LA Joint Venture

Mississippi

Smith

2002-545

Leblanc

Andrew

MS/LA Joint Venture

Mississippi

Smith

2002-497

Lee

Gregory

MS/LA Joint Venture

Mississippi

Smith

2002-499

Lee

James

MS/LA Joint Venture

Mississippi

Smith

2002-499

Leger

Olen

MS/LA Joint Venture

Mississippi

Smith

2002-545

Lejeune

Jimmy

MS/LA Joint Venture

Mississippi

Smith

2002-497

Lett

Benjamin

MS/LA Joint Venture

Mississippi

Smith

2002-545

Lind

Joseph

MS/LA Joint Venture

Mississippi

Smith

2002-499

Lingle

Norris

MS/LA Joint Venture

Mississippi

Smith

2002-545

Lingo

John

MS/LA Joint Venture

Mississippi

Smith

2002-497

Loston

Albert

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Lowery

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-545

Lucas

Robert

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Luster

Walter

MS/LA Joint Venture

Mississippi

Smith

2002-545

Lyday

Kenneth

MS/LA Joint Venture

Mississippi

Smith

2002-497

Mason

Arthur

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-499

Matthews

Wilson

MS/LA Joint Venture

Mississippi

Smith

2002-545

Matthews

Randy
Lee

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Mattix

Lee

MS/LA Joint Venture

Mississippi

Smith

2002-497

May

Morris

MS/LA Joint Venture

Mississippi

Smith

2002-499

May

Tillman

MS/LA Joint Venture

Mississippi

Smith

2002-499

May

Victor

MS/LA Joint Venture

Mississippi

Smith

2002-545

McCall

Elbert

MS/LA Joint Venture

Mississippi

Jones

2002-398

McCarty

Bobby

Motley Rice/Shannon

Mississippi

Jones

2002-397

McClain

Alvin

Motley Rice/Shannon

Mississippi

Smith

2002-497

McClantoc

David

MS/LA Joint Venture

Mississippi

Smith

2002-497

McCullough

Claude

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

McKee

Floyd

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

McKee

Kenneth

MS/LA Joint Venture

Mississippi

Smith

2002-497

McManus

Willis

MS/LA Joint Venture

Mississippi

Jasper

12-0200

McManus

Kendall

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-545

Medlin

Donald

MS/LA Joint Venture

Mississippi

Smith

2002-545

Medlin

Donald

MS/LA Joint Venture

Mississippi

Smith

2002-499

Middleton

Troy

MS/LA Joint Venture

Mississippi

Smith

2002-499

Mims

Howard

MS/LA Joint Venture

Mississippi

Smith

2002-499

Mims

Howard

MS/LA Joint Venture

Mississippi

Smith

2002-545

Mitchell

Archie

MS/LA Joint Venture

Mississippi

Smith

2002-499

Moore

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-545

Morgan

Henry

MS/LA Joint Venture

Mississippi

Copiah

2001-475

Morris

Vernon

Motley Rice/Shannon

Mississippi

Smith

2002-545

Morrisette

MS/LA Joint Venture

Mississippi

Smith

2002-497

Moss

Jack

MS/LA Joint Venture

Mississippi

Copiah

2001-475

Mullins

Wilbur

Motley Rice/Shannon

Mississippi

Smith

2002-499

Myer

Marvin

MS/LA Joint Venture

Mississippi

Smith

2002-545

Nettles

John

MS/LA Joint Venture

Mississippi

Copiah

2001-475

Newell

Bennie

Motley Rice/Shannon

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-497

Nix

Diane

MS/LA Joint Venture

Mississippi

Jones

2002-398

Nobles

Motley Rice/Shannon

Mississippi

Smith

2002-545

Odom

Roy

MS/LA Joint Venture

Mississippi

Smith

2002-497

O’Neal

Floyd

MS/LA Joint Venture

Mississippi

Smith

2002-545

Parent

Tom V.

MS/LA Joint Venture

Mississippi

Smith

2002-545

Parker

Ronnie

MS/LA Joint Venture

Mississippi

Smith

2002-499

Patronas

John

MS/LA Joint Venture

Mississippi

Smith

2002-545

Peeples

William

MS/LA Joint Venture

Mississippi

Smith

2002-545

Pendleton Jr.

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-499

Pendleton Sr.

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-497

Phillips

Albon

MS/LA Joint Venture

Mississippi

Smith

2002-545

Porter

Fritz

MS/LA Joint Venture

Mississippi

Smith

2002-545

Powell

Julius

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Price

Carolyn

MS/LA Joint Venture

Mississippi

Smith

2002-499

Prince

Billy

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-499

Ramsden

George

MS/LA Joint Venture

Mississippi

Washington

CI-2002-303

Redmond

John

MS/LA Joint Venture

Mississippi

Smith

2002-496

Reed

James

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Releford

Ernesto

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Richardson

James

MS/LA Joint Venture

Mississippi

Smith

2002-545

Ricks

Louise

MS/LA Joint Venture

Mississippi

Smith

2002-545

Rivers

Roy

MS/LA Joint Venture

Mississippi

Copiah

2001-475

Roberts

James

Motley Rice/Shannon

Mississippi

Smith

2002-545

Roberts

James

MS/LA Joint Venture

Mississippi

Copiah

2001-475

Robinson

Vincent

Motley Rice/Shannon

Mississippi

Smith

2002-545

Rushing

Roger

MS/LA Joint Venture

Mississippi

Smith

2002-545

Ryals

Dennis

MS/LA Joint Venture

Mississippi

Smith

2002-499

Seaman

Ernest

MS/LA Joint Venture

Mississippi

Smith

2002-545

Shoemaker

Wayne

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Sivley

Billy Joe

MS/LA Joint Venture

Mississippi

Jasper

12-0199

Smith

Charles

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Noxubee

2002-414

Smith

Kenneth

MS/LA Joint Venture

Mississippi

Smith

2002-545

Smith

Allen

MS/LA Joint Venture

Mississippi

Smith

2002-545

Smith

Alton

MS/LA Joint Venture

Mississippi

Smith

2002-545

Smith

Charles

MS/LA Joint Venture

Mississippi

Hinds

257-01-960CV

Smith

Reynolds

MS/LA Joint Venture

Mississippi

Lowndes

2002-0297-CV1

Smith

Essex

MS/LA Joint Venture

Mississippi

Smith

2002-499

Spells

Jeffrey

MS/LA Joint Venture

Mississippi

Smith

2002-499

Spells

Jeffrey

MS/LA Joint Venture

Mississippi

Smith

2002-499

Spencer

Walter

MS/LA Joint Venture

Mississippi

Smith

2002-545

Spencer

Shellie

MS/LA Joint Venture

Mississippi

Smith

2002-499

Stamper

George

MS/LA Joint Venture

Mississippi

Smith

2002-545

Stevenson

Charlie

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Stokes

Charles

MS/LA Joint Venture

Mississippi

Smith

2002-499

Taylor

James

MS/LA Joint Venture

Mississippi

Smith

2002-545

Taylor

Cleveland

MS/LA Joint Venture

Mississippi

Smith

2002-497

Thames

Michael

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Jasper

12-0200

Thompson

James

MS/LA Joint Venture

Mississippi

Copiah

2001-475

Thompson

Sidney

Motley Rice/Shannon

Mississippi

Hinds

Thompson

John

MS/LA Joint Venture

Mississippi

Smith

2002-545

Toy

Robert

MS/LA Joint Venture

Mississippi

Smith

2002-545

Triplett

Jimmy

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

Turman

W. A.

MS/LA Joint Venture

Mississippi

Smith

2002-499

Vanassdale

Alex

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Vayda

Joseph A.

MS/LA Joint Venture

Mississippi

Smith

2002-545

Verret

Roy

MS/LA Joint Venture

Mississippi

Smith

2002-499

Walker

Edison

MS/LA Joint Venture

Mississippi

Smith

2002-499

Warnsley

Melvin

MS/LA Joint Venture

Mississippi

Smith

2002-497

Warren

Kenneth

MS/LA Joint Venture

Mississippi

Smith

2002-499

Warren

Pate

MS/LA Joint Venture

Mississippi

Smith

2002-545

Washington

William

MS/LA Joint Venture

Mississippi

Smith

2002-499

Wason

Robert

MS/LA Joint Venture

Mississippi

Smith

2002-499

Watkins

George

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-496

Watts

Rodrick

MS/LA Joint Venture

Mississippi

Smith

2002-497

Weems

Maddison

MS/LA Joint Venture

Mississippi

Smith

2002-497

Wells

Herbert

MS/LA Joint Venture

Mississippi

Smith

2002-545

Welsh

David

MS/LA Joint Venture

Mississippi

Smith

2002-497

Westbrook

Earnest

MS/LA Joint Venture

Mississippi

Smith

2002-497

Westbrook

William

MS/LA Joint Venture

Mississippi

Smith

2002-499

Westry

James

MS/LA Joint Venture

Mississippi

Smith

2002-545

Whiddon

Robert

MS/LA Joint Venture

Mississippi

Smith

2002-545

Whiddon

Robert

MS/LA Joint Venture

Mississippi

Copiah

2002-0357

White

Michael

Motley Rice/Shannon

Mississippi

Jasper

12-0200

White

Thomas

MS/LA Joint Venture

Mississippi

Smith

2002-499

White

Christopher

MS/LA Joint Venture

Mississippi

Noxubee

2002-414

White

Christopher

MS/LA Joint Venture

Mississippi

Hinds

White

James

MS/LA Joint Venture

Mississippi

Smith

2002-545

Wiley

William

MS/LA Joint Venture

Mississippi

Smith

2002-545

Wiley

William

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Hinds

257-01-960CV

Wiley

Ben

MS/LA Joint Venture

Mississippi

Smith

2002-545

Wilkinson

Robert

MS/LA Joint Venture

Mississippi

Jasper

12-0200

Williams

Louis

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Henry

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Henry

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Leonard

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Tony

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Tony

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Tony

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Tony

MS/LA Joint Venture

Mississippi

Smith

2002-545

Williams

Wesley

MS/LA Joint Venture

Mississippi

Jones

2002-397

Wilson

Kenneth

Motley Rice/Shannon

Mississippi

Smith

2002-545

Wire

Lynn

MS/LA Joint Venture

Mississippi

Smith

2002-545

Wire

Lynn

MS/LA Joint Venture

Mississippi

Smith

2002-545

Wisham

Darrell

MS/LA Joint Venture

Mississippi

Smith

2002-545

Wisham

Darrell

MS/LA Joint Venture

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Mississippi

Smith

2002-499

Young

Frank

MS/LA Joint Venture

Ohio

Cuyahoga

559666

Archibald

Thoyell

withdrawn

Ohio

Cuyahoga

559707

Bell

Charles

withdrawn

Ohio

Cuyahoga

572183

Bly

Bruce

withdrawn

Ohio

Cuyahoga

559742

Bollmer

Melvin

withdrawn

Ohio

Cuyahoga

545413

Boyd

Joseph

Climaco, Lefkowitz, Peca, Wilcox & Garofoli, LPA

Ohio

Cuyahoga

571811

Charmley

John

withdrawn

Ohio

Cuyahoga

559356

Fritz

Eugene

withdrawn

Ohio

Cuyahoga

559814

Harless

Lloyd

withdrawn

Ohio

Cuyahoga

559754

Henry

Patrick

withdrawn

Ohio

Cuyahoga

559708

Jones

Earl

withdrawn

Ohio

Cuyahoga

559358

Kuligowski

Leon

withdrawn

Ohio

Cuyahoga

559597

Marshall

Rodney

withdrawn

Ohio

Cuyahoga

559375

Meadows

Earl

withdrawn

Ohio

Cuyahoga

559749

Monkman

Timothy

withdrawn

Ohio

Cuyahoga

559363

Ost

Michael

withdrawn

Ohio

Cuyahoga

559738

Pack

Danny

withdrawn

Ohio

Stark

2011cv02398

Pancher

Clayton

Tzangas, Plakas, Mannos & Raies

Ohio

Cuyahoga

559361

Rodgers

William

withdrawn

Ohio

Cuyahoga

559725

Salnikoff

Michael

withdrawn

Ohio

Cuyahoga

644587

Smolcic

Paul

withdrawn

Ohio

Cuyahoga

559355

Thompson

Willie

withdrawn

Ohio

Cuyahoga

559351

Watkins

Allen

withdrawn

Ohio

Cuyahoga

531703

Wikoff

Daniel

withdrawn

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Ohio

Cuyahoga

559350

Williams

L. C.

withdrawn

Texas

Jefferson

168572

Adams

David

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Alexander

Nicholas

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Alexander

Randall

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Allen

James

Carlile Law Firm

Texas

Jefferson

168572

Authement

Dale

Carlile Law Firm

Texas

Jefferson

168572

Babin

Edmond

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Barker

Jewel

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Bartley

Ronnie

Carlile Law Firm

Texas

Cass

03-C-814

Battise

Kelly

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Beason

Charles

Carlile Law Firm

Texas

Jefferson

168572

Benoit

Doug

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Benson

Steven

Carlile Law Firm

Texas

Jefferson

168572

Bergeron

Isaac

Carlile Law Firm

Texas

Jefferson

168572

Bergeron

Robert

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Berry

Robert

Carlile Law Firm

Texas

Jefferson

168572

Bonvillian

Eugene

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Jefferson

168572

Boudreaux

Louis

Carlile Law Firm

Texas

Jefferson

168572

Bourgeois

Andrew

Carlile Law Firm

Texas

Jefferson

168572

Bourgeois

Emile

Carlile Law Firm

Texas

Panola

2008-522

Bradford

John

Carlile Law Firm

Texas

Cass

03-C-814

Breaux

Richard

Carlile Law Firm

Texas

Jefferson

168572

Breaux

Earl

Carlile Law Firm

Texas

Jefferson

168572

Breaux

Roy

Carlile Law Firm

Texas

Jefferson

168572

Breaux

Willie

Carlile Law Firm

Texas

Cass

03-C-814

Broussard

Johnny

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Brown

Raymond

Carlile Law Firm

Texas

Jefferson

168572

Brunet

Elmer

Carlile Law Firm

Texas

Jefferson

168572

Brunet

Ralph

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Carter

George

Carlile Law Firm

Texas

Jefferson

168572

Castle

Lawrence

Carlile Law Firm

Texas

Jefferson

168572

Chauvin

Bobby

Carlile Law Firm

Texas

Jefferson

168572

Chauvin

Gerald

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Cass

03-C-814

Childress

Betty

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Clark

Kenneth

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Cloy

Frank

Carlile Law Firm

Texas

Cass

03-C-814

Cobb

James

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Coker

Billy

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Coker

Davis

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Colburn

Nolan

Carlile Law Firm

Texas

Cass

03-C-814

Combs

Don

Carlile Law Firm

Texas

Cass

03-C-814

Copeland

George

Carlile Law Firm

Texas

Jefferson

168572

Cosby

Jack

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Cranford

Bobby

Carlile Law Firm

Texas

Jefferson

168572

Cressione

Louis

Carlile Law Firm

Texas

Cass

03-C-814

Crochet

Paul

Carlile Law Firm

Texas

Jefferson

168572

Daigle

Jimmie

Carlile Law Firm

Texas

Jefferson

168572

Daigle

Verlon

Carlile Law Firm

Texas

Cass

03-C-814

Dean

Willie

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Jefferson

168572

Desselle

Bruce

Carlile Law Firm

Texas

Cass

03-C-814

Dlancey

Charles

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Dotson

Stanley

Carlile Law Firm

Texas

Jefferson

168572

Dufrene

Joseph

Carlile Law Firm

Texas

Jefferson

168572

Dufrene

Maurice

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Dunn

Eddie

Carlile Law Firm

Texas

Jefferson

168572

Dupre

Michael

Carlile Law Firm

Texas

Jefferson

168572

Durocher

Eldridge

Carlile Law Firm

Texas

Jefferson

168572

Edwards

William

Carlile Law Firm

Texas

Cass

03-C-814

Ellender

Glenn

Carlile Law Firm

Texas

Jefferson

168572

Ellender

Arthur

Carlile Law Firm

Texas

Jefferson

168572

Ellender

Bobby

Carlile Law Firm

Texas

Jefferson

168572

Ezell

Clyde

Carlile Law Firm

Texas

Jefferson

168572

Fanguy

Howard

Carlile Law Firm

Texas

Cass

03-C-814

Findley

Mildred

Carlile Law Firm

Texas

Cass

03-C-814

Flowers

Alma

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Jefferson

168572

Fonseca

Berwick

Carlile Law Firm

Texas

Jefferson

168572

Ford

Arthur

Carlile Law Firm

Texas

Cass

03-C-814

Foret

Noel

Carlile Law Firm

Texas

Jefferson

168572

Foret

Raymond

Carlile Law Firm

Texas

Jefferson

168572

Freeman

Roy

Carlile Law Firm

Texas

Jefferson

168572

Gaudet

Phillip

Carlile Law Firm

Texas

Jefferson

168572

Gautreaux

Oscar

Carlile Law Firm

Texas

Jefferson

168572

Gautreaux

Ronald

Carlile Law Firm

Texas

Cass

03-C-814

Gilfour

Todd

Carlile Law Firm

Texas

Jefferson

168572

Giroir

Ricky

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Graham

Glen

Carlile Law Firm

Texas

Cass

03-C-814

Gros

Jean

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Haggerty

Sammie

Carlile Law Firm

Texas

Cass

03-C-814

Haney

Bobby

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Harrell

Roy

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Hasler

Jesse

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Cass

03-C-814

Hebert

Richard

Carlile Law Firm

Texas

Jefferson

168572

Hebert

Jules

Carlile Law Firm

Texas

Jefferson

168572

Hebert

Tobay

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Heim

John

Carlile Law Firm

Texas

Cass

03-C-814

Heim

John

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Hickman

Robert

Carlile Law Firm

Texas

Jefferson

168572

Hilton

Gary

Carlile Law Firm

Texas

Jefferson

168572

Himel

Rene

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Horton

Leslie

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Houlditch

Carl

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Jamison

Jefferson

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Johnson

Sidney

Carlile Law Firm

Texas

Jefferson

168572

Johnson

Ralph

Carlile Law Firm

Texas

Jefferson

168572

Knight

John

Carlile Law Firm

Texas

Jefferson

168572

Knupp

Mac

Carlile Law Firm

Texas

Jefferson

168572

Lacombe

Chester

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Cass

03-C-814

Lane

Alvin

Carlile Law Firm

Texas

Jefferson

168572

Le Boeuf

Harry

Carlile Law Firm

Texas

Jefferson

168572

Le Boeuf

Leroy

Carlile Law Firm

Texas

Jefferson

168572

Le Boeuf

Wayne

Carlile Law Firm

Texas

Jefferson

168572

LeBoeuf

David

Carlile Law Firm

Texas

Jefferson

168572

Ledford

Johnny

Carlile Law Firm

Texas

Jefferson

168572

Lee

Gary

Carlile Law Firm

Texas

Cass

03-C-814

Leonard

Johnny

Carlile Law Firm

Texas

Jefferson

168572

Levron

Chris

Carlile Law Firm

Texas

Jefferson

168572

Levron

Timothy

Carlile Law Firm

Texas

Cass

03-C-814

Lewis

Harris

Carlile Law Firm

Texas

Cass

03-C-814

Lewis

Ruby

Carlile Law Firm

Texas

Cass

03-C-814

Lirette

Roy

Carlile Law Firm

Texas

Jefferson

168572

Lirette

Donnie

Carlile Law Firm

Texas

Jefferson

168572

Lombardi

John

Carlile Law Firm

Texas

Jefferson

168572

Lopez

Linduel

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Jefferson

168572

Loupe

Murphy

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Love

Richard

Carlile Law Firm

Texas

Jefferson

168572

Lovell

Eugene

Carlile Law Firm

Texas

Jefferson

168572

Lovell

James

Carlile Law Firm

Texas

Cass

03-C-814

Marcel

Kurt

Carlile Law Firm

Texas

Jefferson

168572

Marcel

Arcen

Carlile Law Firm

Texas

Jefferson

168572

Marcel

David

Carlile Law Firm

Texas

Jefferson

168572

Marcel

Gerard

Carlile Law Firm

Texas

Jefferson

168572

Martello

Paul

Carlile Law Firm

Texas

Jefferson

168572

Martin

Billy

Carlile Law Firm

Texas

Jefferson

168572

Martin

Perry

Carlile Law Firm

Texas

Jefferson

168572

Martin

Rodney

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Maxwell

Kevin

Carlile Law Firm

Texas

Jefferson

168572

Mayon

Ricky

Carlile Law Firm

Texas

Jefferson

168572

Mayon

Sterling

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

McCowan

Michael

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Harrison

2008-8107-CC2

Meeks

Doyle

Carlile Law Firm

Texas

Jefferson

168572

Mena

Jorge

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Merritt

Phillip

Carlile Law Firm

Texas

Jefferson

168572

Miller

Billy

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Moore

Freddie

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Moore

Freddie

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Moore

William

Carlile Law Firm

Texas

Panola

2008-522

Motley

Marlon

Carlile Law Firm

Texas

Jefferson

168572

Nicole

Douglas

Carlile Law Firm

Texas

Jefferson

168572

Oliver

Gilbert

Carlile Law Firm

Texas

Jefferson

168572

Olivier

Steve

Carlile Law Firm

Texas

Panola

2008-522

Owens

James

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Parker

Charlie

Carlile Law Firm

Texas

Cass

03-C-814

Patterson

Douglas

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Peace

John

Carlile Law Firm

Texas

Jefferson

168572

Peltier

Davis

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Jefferson

168572

Peltier

Paul

Carlile Law Firm

Texas

Cass

03-C-814

Percy

Gary

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Perkins

L.C.

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Perrine

Kevin

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Pinkerton

Willie

Carlile Law Firm

Texas

Jefferson

168572

Plaisance

Patrick

Carlile Law Firm

Texas

Jefferson

168572

Polaski

Gerald

Carlile Law Firm

Texas

Cass

03-C-814

Porche

Kenneth

Carlile Law Firm

Texas

Jefferson

168572

Porche

Russell

Carlile Law Firm

Texas

Jefferson

168572

Rhodes

Glynn

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Richardson

Jimmie

Carlile Law Firm

Texas

Jefferson

168572

Richoux

Raymond

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Rimes

Juan

Carlile Law Firm

Texas

Jefferson

168572

Rink

Adley

Carlile Law Firm

Texas

Jefferson

168572

Rink

Charles

Carlile Law Firm

Texas

Jefferson

168572

Robertson

Dan

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Harrison

2008-8107-CC2

Rockmore

Adell

Carlile Law Firm

Texas

Cass

03-C-814

Ruffin

Samuel

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Rutledge

Haslett

Carlile Law Firm

Texas

Jefferson

168572

Savoy

Thomas

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Shaw

William

Carlile Law Firm

Texas

Jefferson

168572

Simon

Robert

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Slade

C.S.

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Smith

Gene

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Smith

James

Carlile Law Firm

Texas

Jefferson

168572

Souldier

Jeffrey

Carlile Law Firm

Texas

Cass

03-C-814

Stevens

Travis

Carlile Law Firm

Texas

Cass

03-C-814

Tanner

Carl

Carlile Law Firm

Texas

Jefferson

168572

Theriot

Freddie

Carlile Law Firm

Texas

Jefferson

168572

Thibodaux

Robert

Carlile Law Firm

Texas

Jefferson

168572

Troslair

Jerry

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Tucker

Zack

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Texas

Jefferson

168572

Verret

Russel

Carlile Law Firm

Texas

Jefferson

168572

Villamarette

Kevin

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Vona

Andrew

Carlile Law Firm

Texas

Cass

03-C-814

Walker

Sidney

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Wall

Billy

Carlile Law Firm

Texas

Jefferson

168572

Ward

Willie

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Washington

John

Carlile Law Firm

Texas

Jefferson

168572

Watson

Malcolm

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Weatherall

Doretha

Carlile Law Firm

Texas

Jefferson

168572

Webre

Robert

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Williams

Benjamin

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Williams

Ronald

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Williams

Verdell

Carlile Law Firm

Texas

Cass

03-C-814

Wilson

Malik

Carlile Law Firm

Texas

Harrison

2008-8107-CC2

Wright

J.T.

Carlile Law Firm

Texas

Cass

03-C-814

Zeringue

Leonard

Carlile Law Firm

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Virgin Islands

St. Croix

303/06

Boland

Danase

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Campbell

Cecil

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Charles

Collins

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Chelcher

Patrick

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Clifford

Leo

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Hackshaw

Ulrick

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Herelle

Maxius

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Hurtault

Ivan

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Jerome

Lawrence

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Mathurin

John

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Moralez

Juan

Motley Rice/Shannon

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Virgin Islands

St. Croix

303/06

Passee

Matthew

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Paul

Cyril

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Rawlins

Clinton

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Reece

Carl

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Taylor

Gerald

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Valmont

Timothy

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Vernege

Matthew

Motley Rice/Shannon

Virgin Islands

St. Croix

303/06

Williams

Elisha

Motley Rice/Shannon

West Virginia

McDowell

06-C-281-S

Barker

Jackie

Motley Rice

West Virginia

Ohio

07-C-429

Cooper

Roger

Motley Rice

West Virginia

Marshall

06-C-182

Crigger

Marvin

Pro Se

West Virginia

Mason

06-C-103-N

Ewing

Thomas

Motley Rice

West Virginia

Kanawha

03-C-3212

Lofty

Mickey

Papantonio

RESOLUTION AGREEMENT - EXHIBIT B

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

West Virginia

Mason

06-C-164-N

McBenge

Mark

Motley Rice

West Virginia

Wayne

Mitchem

Albert

Motley Rice

West Virginia

Kanawha

03-C-3216

Morrison

Bobby

Papantonio

West Virginia

Mason

06-C-103-N

Pauley

Steven

Motley Rice

West Virginia

Kanawha

03-C-3219

Smith

William

Papantonio

West Virginia

Ohio

06-C-427

Wilkins

John

Motley Rice

West Virginia

Ohio

06-C-427

Yinger

Daryl

Motley Rice

RESOLUTION AGREEMENT - EXHIBIT B

UNASSERTED CLAIMS

State

County

Docket Number

Last Name

First Name

Counsel

Date of Birth

Social Security
Number

Gender

Alabama

unfiled

Corkins

Ronny

David Shelton

Kentucky

Warren

07-C1-2013

Easton

Peter

David Shelton

New York

unfiled

Galano

Vincent

David Shelton

Wisconsin

unfiled

Macoiz

Edward

David Shelton

RESOLUTION AGREEMENT — EXHIBIT C

RELEASE OF ALL CLAIMS

Recitals

I, the undersigned “Releasor,” am a plaintiff in a case currently pending in either the federal Multidistrict Litigation Proceeding, MDL 1535, venued in the United States District Court in the Northern District of Ohio, or in another federal or state court proceeding, alleging personal injury from exposure to manganese from welding fumes attributable to products of one or more Defendants or I have an Unasserted Claim (as defined herein) of alleged personal injury from exposure to manganese from welding fumes from the products of one or more Defendants.

By this Release, I am accepting the minimum payment of One Hundred Dollars ($100.00) and the right to enroll in the resolution program established and managed by Plaintiffs’ Counsel (the “Program”), which will be funded pursuant to the terms of the Agreement of Resolution (the “Agreement”) dated as of January 18, 2012 and entered into with certain defendants; namely, A.O. Smith Corporation, Arcos Industries, LLC, Avesta Polarit Welding, Inc., Böhler Welding Group USA, Inc., CBS Corporation f/k/a Viacom Inc., the successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation, Deloro Stellite, L.P. f/k/a Deloro Stellite Company, Inc., Eutectic Corporation, Hobart Brothers Company, Linde LLC f/k/a The BOC Group, Inc. and/or Airco, Inc. and/or Air Reduction Company, Inc., Praxair, Inc., Sandvik, Inc., Select-Arc Inc., Socra Corporation, as successor to Arcos Alloys Corporation, TDY Industries, Inc., Techalloy Company, Inc., The ESAB Group, Inc., The Lincoln Electric Company, and Thermadyne Holdings Corporation and their affiliates, successors and assigns (collectively, “Defendants”).

I understand that terms substantially in the form of Plaintiffs’ Counsels’ Claims Processing and Program Fund Allocation Protocol (the “Protocol”), which is Exhibit A to the Agreement, shall govern the amount of compensation, if any, beyond the $100.00 payment referenced in Paragraph 2 above that I may receive from the Program. I further understand that, in order to participate in the Program under the Protocol, I am required to submit a release of any and all claims that I and the other Releasing Parties (as defined under “Release”) have, or may have in the future against the Released Parties (as defined under “Release”) arising from, related to, or in any way connected with allegations of injury and/or death due to exposure to welding fumes. I acknowledge receipt of both the Agreement and Protocol prior to my execution of this Release.

Accordingly, in consideration of Defendants’ agreement to fund the Program, including receipt of a minimum payment of $100.00 per release for the valid execution and delivery of this Release by all Plaintiffs, the opportunity to submit materials in connection with my claim to the Program, and the possibility that I may receive an additional monetary award from the Program, I hereby give and make the following releases, waivers, acknowledgements and agreements for the benefit of the Released Parties (this “Release”). This Release is also entered into by any Derivative Claimant (as defined under “Releasing Party”) who will execute a signature page hereto, in which case the agreement of such Derivative Claimant set forth on its signature page is incorporated in, and is part of, this Release. Any such Derivative Claimant will not be entitled to a separate $100.00 payment pursuant to Section 4.1 of the Agreement. By signing this Release, both I and any such Derivative Claimant agree to be bound by the Agreement and Protocol and the decisions of the Claims Administrator under the Program and understand and acknowledge that there is no assurance as to the additional amount of payment, if any, to be made to me or to any claimant under the Program above the minimum payment described above, and this fact shall in no way affect the validity or effect of this Release or any Stipulation of Dismissal With Prejudice provided by me or on my behalf.

Release

In return for the payment of One Hundred Dollars ($100.00) and other good and valuable consideration, including the funding of the Program under the Agreement in which I am allowed to participate, the sufficiency of which is acknowledged, I do hereby on my own behalf and on behalf of each other Releasing Party, knowingly and voluntarily RELEASE, REMISE, ACQUIT and FOREVER DISCHARGE the Released Parties from (i) any and all claims, rights, remedies, actions, demands, causes of action, suits at law or in equity, based on common law, regulations or statutes (including any applicable wrongful death statute), suits of judgments and/or Liens (as defined under “Liens and Other Third-Party Payor Claims”), of any kind whatsoever, known or unknown, past, present or future that in any way arise out of (a) any injuries, death, losses and/or damages, which are, or may be, in any way connected with exposure to welding fumes, except for any injuries, death, losses and/or damages, which are, or may be, in any way connected with exposure to asbestos, which claims, demands and causes of action are expressly reserved, (b) claims relating to the availability of future Medicare-covered expenses, and any private cause of action I or any other Releasing Party may have under 42 U.S.C. 1395y(b)(3)(A), and (c) claims arising from or related to the Program, the Protocol, and the decisions of the Claims Administrator under the Program (“Claims”), which I or any other Releasing Party may have ever had, may now have or at any time hereafter may have against any Released Party, and/or (ii) any and all debts, liabilities, obligations, covenants, promises, contracts, agreements and/or obligations, of any kind whatsoever, which are, or may be, in any way connected with exposure to welding fumes, except for any injuries, death, losses and/or damages, which are, or may be, in any way connected with exposure to asbestos, which are expressly reserved (“Liabilities”), which any Released Party may have ever had, may now have or at any time hereafter may have to me or any other Releasing Party. These Claims and Liabilities are the “Released Claims and Liabilities.” In addition to the asbestos-related claims of the Releasing Parties reserved in clause (i)(a)

above, the Released Claims and Liabilities also do not include claims by a spouse or child of Releasor (or, if Releasor is a legal representative of a person who was allegedly injured or died as a result of exposure to welding fumes, such allegedly injured of deceased person), for claims that the spouse or child might have now or in the future related to their personal exposure welding fumes, which claims, demands or causes of action are also expressly reserved. This Release is irrevocable by me upon my execution as of the date set forth beneath my name, but shall become effective upon Defendants making the Program Funding Payment set forth in Section 3.2.1 of the Agreement.

The term “Released Party” or “Released Parties” means (i) each Defendant, (ii) any other defendants currently or formerly named in any litigation I have brought as a result of a Welding Fume Claim, and (iii) any past or present manufacturers, suppliers of materials, distributors, wholesalers, rebranders or other persons involved in the design, manufacture, formulation, testing, distribution, marketing, labeling, advertising and/or sale, of any of the welding products that I (or the injured person of my claim) allegedly used or to which I (or the injured person of my claim) was allegedly exposed, (iv) for each entity or person referred to in clauses (i), (ii) and (iii) of this paragraph, its respective past, present, and/or future parents, subsidiaries, divisions, affiliates, joint venturers, predecessors, successors, assigns, and transferees and its respective past, present and/or future shareholders (or the equivalent thereto), directors (or the equivalent thereto), officers (or the equivalent thereto), owners, managers, principals, employees, consultants, advisors, attorneys, agents, servants, representatives, heirs, trustees, executors, estate administrators, and the personal representatives (or the equivalent thereto), and (v) the respective insurers of all such entities or persons referred to in clauses (i), (ii), (iii) and (vi), to the extent of their capacity as the insurer of such entities or persons.

The term “Releasing Party” or “Releasing Parties” means (i) me and (ii) any and all persons who have sued one or more Defendants or any other Released Party, independently, derivatively or otherwise, by reason of their relationship with or to me (“Derivative Claimants”). .

I acknowledge that I (and/or any other Releasing Party) may in the future learn of additional or different facts as they relate to the Claims or Liabilities, the Released Parties’ activities, and/or any injury I (and/or any other Releasing Party) have ever claimed, or may at any time in the future claim, was caused, in whole or in part, by exposure to welding fumes. I understand and acknowledge the significance and consequences of releasing all of the Released Claims and Liabilities and hereby (on my own behalf and on behalf of each other Releasing Party) assume full risk and responsibility for any and all such additional and/or different facts and any and all Released Claims and Liabilities that I (and/or any other Releasing Party) may hereinafter incur or discover. To the extent that any law, statute, ordinance, rule, regulation, case or other legal provision or authority, including, but not limited to, the provisions of Section 1542 of the California Civil Code, (each, a “Law”) may at any time purport to preserve my and/or any other Releasing Party’s right to hereinafter assert any such unknown and/or unanticipated Claims and/or Liabilities, I hereby (on my own behalf and on behalf

of each other Releasing Party) specifically and expressly waive (to the fullest extent permitted by applicable Law) each Releasing Party’s rights under such Law. I further acknowledge having had an opportunity to obtain advice of counsel of my choosing regarding this waiver, and having discussed it with such counsel to my satisfaction.

On my own behalf and on behalf of each other Releasing Party, I acknowledge and agree that the releases set forth in this Release are irrevocable and unconditional, inure to the benefit of each Released Party, and are intended to be as broad as can possibly be created so that Defendants and other Released Parties shall never be called upon to pay any further sums or expenses or be liable, directly or indirectly, to Releasing Parties, or any of them, or to any person, firm or entity claiming by, through, under, the Releasing Parties, or any of them, for the Released Claims and Liabilities, or to any person or entity seeking contribution and/or indemnity from the Released Parties, or any of them, by reason of any legal actions brought against them by me or other Releasing Parties pertaining in any way to, or arising from, the Released Claims and Liabilities.

WITHOUT LIMITING THE FOREGOING, THIS RELEASE IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED, CHARGED OR PROVED THAT SOME OR ALL OF THE RELEASED CLAIMS AND LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, NEGLIGENCE PER SE, GROSS NEGLIGENCE, BREACH OF WARRANTY, VIOLATION OF LAW, DEFECTIVE PRODUCT, MALICE, AND/OR CONDUCT OF ANY TYPE (INCLUDING, BUT NOT LIMITED TO, INTENTIONAL CONDUCT) BY ONE OR MORE DEFENDANTS, ANY OF THE OTHER RELEASED PARTIES, ANY RELEASING PARTY AND/OR ANY OTHER PERSON. THIS RELEASE IS SPECIFICALLY INTENDED TO AND DOES INCLUDE, BUT IS NOT LIMITED TO, A RELEASE OF, AND COVENANT NOT TO SUE FOR, ANY WRONGFUL DEATH CLAIM THAT MAY BE BROUGHT AT ANY TIME BY OR ON BEHALF OF ANY OF THE RELEASING PARTIES IN CONNECTION WITH ANY OF THE FACTS, EVENTS AND/OR INCIDENTS, THAT GAVE RISE TO ANY OF THE RELEASED CLAIMS AND LIABILITIES.

Attorneys’ Fees; Division of Any Program Award Payment

I understand that the Released Parties are not responsible for any attorneys’ fees, costs (including, but not limited to, court costs), ad litem fees, or expenses that I or my Counsel have incurred or may at any time incur, including, but not limited to, in connection with the entering into this Release and having my pending lawsuit dismissed. I understand that, with respect to any payment that may be made to me under the Program (a “Program Award Payment”), including the guaranteed minimum payment of $100.00, subject to Liens, any division of such Program Award Payment between me, any Derivative Claimant executing this Release and our respective Counsel (if any) executing a Certification of Counsel attached to this Release shall be determined by me and such other person(s), and such division, or any dispute in relation to such division, shall in no way affect the validity of this Release or any Stipulation of Dismissal With Prejudice provided to dismiss my pending lawsuit, if applicable.

Covenant Not To Pursue Certain Claims

10.

I hereby agree and covenant that I will never (i) take any legal, or other action to initiate, pursue or maintain, or otherwise attempt to execute upon, collect or otherwise enforce, any of the Released Claims and Liabilities of or against any Released Party, (ii) institute or participate in any new legal action against any Released Party relating to any injury I (and/or any other Releasing Party) have ever claimed, or may at any time hereafter claim, were caused in whole or in part by exposure to welding fumes, or (iii) attempt to execute or collect on, or otherwise enforce, any judgment that may be entered against any Released Party in any legal action described in clause (ii) or my pending legal action against one or more Defendants. I further agree and covenant that I will not take any legal or other action to initiate, pursue or maintain a claim against the Claims Administrator, nor any employee, agent or representative of the Claims Administrator, in connection with the Program, except, with respect to each such Person, or such Person’s own willful misconduct.

Dismissal of Pending Action

11.

It is further agreed and understood that the pending claim or cause of action brought by me or on my behalf as described above shall be concluded by entry of a dismissal with prejudice with my consent and the consent of all Releasing Parties in accordance with the terms of the Agreement.

Liens and Other Third-Party Payor Claims

12.

I agree that before any Program Award Payment is made to me, I shall identify to Defendants, my counsel, and to the Lien Resolution Administrator for the Program all Governmental Authorities that are Third-Party Providers/Payors (as defined below) known to me to hold or assert any lien, pledge, charge, security interest, assignment, encumbrance, subrogation right, third-party interest or other adverse claim of any nature whatsoever (“Lien”) pursuant to any applicable statute with respect to any Program Award Payment (and/or the right to receive such Program Award Payment), through procedures and protocols to be established by the Lien Resolution Administrator, subject to approval by the Claims Administrator for the Program under the terms of the Protocol. I also agree that before any Program Award is made to me, I shall provide the information required under Section 6.1.7 or 6.1.8 of the Agreement, if applicable.

13.

Releasing Parties acknowledge that Plaintiff’s Counsel and the Lien Resolution Administrator will determine whether Releasing Parties are Medicare beneficiaries or Medicare eligible at the time of resolution and will provide the result of this determination to Defendants and their insurers in writing. Releasing Parties understand and acknowledge that if Releasing Parties are Medicare-enrolled at the time of resolution, the Defendants and their insurers may be required to report this resolution to the Centers for Medicare & Medicaid Services (“CMS”) but further acknowledges that by doing so, the Defendants and their insurers do not concede or admit that the Defendants are liable for Releasing Parties’ alleged injuries. Releasing Parties agree to provide the Defendants and their insurers with their full name, gender, date of birth, address, Social Security Number (“SSN”) and Health Insurance Claim Number (“HICN”), if applicable, for the purpose of determining whether either is a Medicare beneficiary or Medicare eligible.

Releasing Parties also agree to indicate on this Release if they are, or ever were enrolled in Medicare. Releasing Parties also agree that Released Parties may use any personal or protected information (e.g., social security number, date of birth, protected health or medical information, etc.) to meet any reporting requirements Defendants owe to CMS or its contractors arising out of this claim, and Releasing Parties agree to cooperate with Defendants, their insurers and the Lien Resolution Administrator to provide such information or to perform other activities reasonably necessary to meet any Medicare reporting requirements. At the time of this Agreement, the data to be provided by Plaintiff’s counsel or the Lien Resolution Administrator on Releasing Parties’ behalf to be reported to CMS for MMSEA Section 111 purposes is understood to include, but not necessarily be limited to, the information in Form 1 to the Agreement. Releasing Parties have been advised and fully understand that, in addition to the Defendants and their insurers reporting of this settlement to CMS, should Plaintiff be identified as a Medicare beneficiary or Medicare eligible, the details of this settlement will be reported to Medicare or CMS by Plaintiff’s Counsel or the Lien Resolution Administrator.

14.

I understand and acknowledge that satisfaction and discharge of any and all Liens with respect to any Program Award Payment (and/or the right to receive any Program Award Payment) is the sole responsibility of me, any Derivative Claimant executing this Release. Such satisfaction and discharge must, in relation to all Governmental Authorities that are Third-Party Providers/Payors who hold or assert any Liens pursuant to any applicable statute be established to the satisfaction of the Claims Administrator and Lien Resolution Administrator before any Program Award Payment can be disbursed to me.

15.

Prior to any Program Award Payment being made to me, I shall, jointly and severally with any Derivative Claimant executing this Release, represent and warrant that any and all Liens with respect to any and all Program Award Payments (and/or the right to receive any and all Program Award Payments) have been satisfied and discharged. Furthermore, the Claims Administrator and Defendants shall be entitled to receive, and shall receive from me, proof of satisfaction and discharge of any or all such Liens pursuant to any applicable statute or regulation in relation to all Governmental Authorities that are Third-Party Providers/Payors, including, but not limited to, Liens under the Medicare, Medicaid and SCHIP Extension Act of 2007 (“MMSEA”) or the Medicare Secondary Payer Act (“MSP”).

16.

In addition to and without limitation of the foregoing, I hereby agree, jointly and severally with any Derivative Claimant executing this Release to indemnify and hold harmless the Released Parties, up to the amount of the Program Award Payment made to me, from and against any and all damages, losses, costs (including, but not limited to, court costs), expenses (including legal fees and expenses), fines, penalties or Liabilities incurred or suffered by, or imposed on, Defendants, or any of them, or any other Released Party in connection with, arising out of or resulting from (i) any Claim made or asserted at any time against Defendants, or any of them, or any other Released Party with respect to any Program Award Payment made to me (or the right to receive any such Program Award Payment), by (1) any Third-Party Provider/Payor, (2) any Person at any time holding or asserting any Lien, and/or (3) any Person at any time claiming by, through or under, Releasors (and/or the allegedly injured person or decedent covered by this Release), or (ii) the failure to properly provide the information required by Section 6.1.7 or 6.1.8 of the Agreement.

17.

I further understand and acknowledge that Released Parties may have a legal obligation under Section 111 of the MMSEA to report the amount of payments, if any, made to me by the Program to the Secretary of the Department of Health and Human Services (the “Secretary”) or CMS. I and all Releasing Parties, and the undersigned attorneys, also acknowledge that Released Parties may be required under Section 111 of the MMSEA to identify the nature of my illness or injury at issue, as well as other information about me and my claim as specified by the Secretary to enable an appropriate determination concerning coordination of Medicare benefits, including any applicable recovery claim.

18.

I, on behalf of myself and all Releasing Parties and our counsel, agree to cooperate fully with the Released Parties, the Claim Administrator, and the Lien Resolution Administrator, and their Counsel and agents, by executing any and all documents and providing such additional information as may be required by or on behalf of the Released Parties to comply with the mandatory Medicare reporting requirements of Section 111 of the MMSEA.

19.

I further understand that with respect to a payment issued by the Program to me and other Releasing Parties, it may be required that any such payment, in whole or in part, be made to Medicare or other Third-Party Provider/Payors in satisfaction of any Liens.

Indemnification for Released Claims and Liabilities

20.

I hereby agree, jointly and severally with any Derivative Claimant executing this Release, to INDEMNIFY and HOLD HARMLESS each Released Party, up to the amount of my Program Award Payment, from and against: (i) any and all Claims that may be asserted, made or maintained at any time against any Released Party by, on behalf of or for the benefit of, any Releasing Party with respect to any of the Released Claims and Liabilities; (ii) any and all damages, losses, costs (including, but not limited to, court costs), expenses (including, but not limited to, legal fees and expenses) and/or Liabilities incurred or suffered by, or imposed on, any Released Party in connection with, arising out of or resulting from any Claim described in clause (i) of this sentence (including, but not limited to, any amount paid or to be paid in satisfaction of any such Claim) and/or, without limitation of the foregoing, any breach by me, my representatives or Counsel (or any Derivative Claimant, her representatives or Counsel executing this Release) of any of the terms of this Release; and (iii) any private cause of action provided for in 42 U.S.C. 1395y(b)(3)(A) of the MSP, should Medicare deny coverage for any reason, including, but not limited to, the failure to allocate adequate money for future Medicare-covered medical expenses in this Release.

21.

Without limitation of the foregoing Paragraph 20, I further agree, jointly and severally with any Derivative Claimant executing this Release, to INDEMNIFY and HOLD HARMLESS the Released Parties, up to the amount of my Program Award Payment, from and against (i) any and all Claims made or asserted (prior to, on or after the date of this Release), including claims for contribution and/or indemnity, by any other person or entity against any Released Party arising out of any Claim made or asserted at any time by me and/or any other Releasing Party to any extent, or in any way, arising out of, relating to, resulting from any injury I (and/or any other Releasing Party) have ever claimed, or may at any time hereafter claim was caused, in whole or in part, by exposure to welding fumes, and (ii) any and all damages, losses, costs, expenses (including, but not limited to, legal fees and expenses) and/or Liabilities incurred or suffered by, or imposed on, any Released Party in connection with, arising out of or resulting from any Claim described in clause (i) of this sentence (including, but not limited to, any amount paid or to be paid in satisfaction of any such Claim).

22.

Further, to the extent necessary under law to give effect to the preceding Paragraph 21 above and/or extinguish claims for contribution or indemnity against any Released Party for the Released Claims and Liabilities, or to satisfy such indemnity obligation that arises due to a contribution or indemnity claim by a third party, I further agree, jointly and severally with any Derivative Claimant executing this Release, (i) to reduce any judgment Releasing Parties might recover against any individual or entity other than a Released Party by release and discharge in an amount, fraction, portion, or percentage necessary under applicable state or federal law to bar, eliminate, or satisfy claims against the Released Parties for contribution and/or indemnity to the fullest extent permitted by applicable state or federal law arising from any Claims or Liabilities hereby released, including any amount re-allocated by applicable state or federal statute or common law to Released Parties resulting from uncollectibility and/or insolvency of other individuals or entities determined to be at fault, as well as (ii) to indemnify and hold harmless any Released Parties in accordance with the preceding Paragraph 21 above as may still be necessary after having performed clause (i) above of this Paragraph 22. Releasing Parties shall execute any additional documentation that may be required under applicable state or federal law in order to give effect to this provision.

Confidentiality

23.

I agree to maintain in confidence, and shall not disclose to any person or entity, the amount of any Program Award Payment, if any, except as may be required by applicable Law; provided, that I understand that I may disclose such information to other Plaintiffs, my immediate family members, and to my Counsel, accountants and financial advisors, if any (each of whom I shall, upon such disclosure, instruct to maintain and honor the confidentiality of such information), or in connection with the reporting to governmental authorities and others in connection with the resolution of any governmental or private third-party liens. I agree that if I breach this confidentiality provision, money damages would not be a sufficient remedy and, accordingly, without limitation of any other remedies that may be available at law or in equity, one or more Defendants shall be entitled to specific performance and injunctive or other equitable relief as remedies for such breach.

Acknowledgement of Comprehension; No Guarantee

of Additional Payment Beyond Minimum Payment

24.

I AM ENTERING INTO THIS RELEASE FREELY AND VOLUNTARILY, WITHOUT BEING INDUCED, PRESSURED OR INFLUENCED BY, AND WITHOUT RELYING ON ANY REPRESENTATION OR OTHER STATEMENT MADE BY OR ON BEHALF OF, DEFENDANTS OR ANY OTHER PERSON. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT THE NATURE, VALUE AND SUFFICIENCY OF THE CONSIDERATION DESCRIBED IN THE SECOND PARAGRAPH OF THIS RELEASE, INCLUDING THE RECEIPT OF A $100.00 MINIMUM PAYMENT AND THE POSSIBILITY, BUT NO GUARANTEE, OF AN ADDITIONAL MONETARY AWARD FROM THE PROGRAM PURSUANT TO THE PROTOCOL. I ACKNOWLEDGE THAT I HAVE READ THE AGREEMENT, THE PROTOCOL, AND THIS RELEASE, AND I HAVE HAD AN OPPORTUNITY TO OBTAIN ADVICE FROM, AND ASK QUESTIONS OF, COUNSEL OF MY CHOOSING REGARDING THE TERMS AND LEGAL EFFECT OF THESE DOCUMENTS AND MY DECISION TO PARTICIPATE IN THE PROGRAM FUNDED BY THE AGREEMENT. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN INFORMED OF ALL THESE MATTERS BY MY COUNSEL WHO IS EXECUTING A “CERTIFICATION OF COUNSEL” ATTACHED TO THIS RELEASE, AND SUCH COUNSEL HAS ANSWERED ALL MY QUESTIONS (IF ANY) TO MY SATISFACTION. I FURTHER ACKNOWLEDGE THAT I UNDERSTAND THIS RELEASE AND THE AGREEMENT AND PROTOCOL AND THAT THERE IS NO GUARANTEE THAT I WILL RECEIVE ANY ADDITIONAL MONETARY PAYMENT BEYOND $100.00 OR, IF ANY ADDITIONAL MONETARY AMOUNT IS AWARDED ME FROM THE PROGRAM, THE AMOUNT THEREOF. I FURTHER UNDERSTAND THAT ANY AMOUNTS PAID TO ME WILL BE PAID SUBJECT TO THE PROVISIONS ON LIENS IN THE AGREEMENT, THE PROTOCOL, AND IN THIS RELEASE.

Waiver of Certain Provisions Regarding Timing of Any Payments

25.

If I have any civil action pending in any jurisdiction that has enacted, promulgated or otherwise adopted any Law containing provisions that establish specific time periods within which funds, if any, must be paid to me in connection with the release of such civil action (including, but not limited to, Pennsylvania Rule of Civil Procedure 229.1), I hereby (i) specifically and expressly waive (to the fullest extent permitted by applicable Law) my rights under any such provisions and (ii) agree that any decision of any Program Award and the payment of any Program Award shall be made solely in accordance with the terms and conditions of the Program as set forth in the Protocol.

No Admission of Fault

26.

I understand and agree that Defendants have entered into the Agreement solely by way of compromise and resolution. The Agreement, and this Release, are not, and shall not be construed at any time to be, an admission of liability, responsibility or fault of or by any Defendant or any other Released Party.

Representations and Warranties

27.

I hereby represent and warrant that: I have full power, authority and capacity to enter into this Release, which is enforceable in accordance with its terms. Except as set forth

in the second sentence under “Attorneys’ Fees; Division of Any Program Award Payment” above, I have the sole right to receive any and all Program Award Payments with respect to my claim under the Program. Neither I nor any other Releasing Party has sold, assigned, transferred or otherwise disposed of, or pledged or otherwise encumbered, any of the Released Claims and Liabilities in whole or in part.

Governing Law

28.

THIS RELEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE STATE OF OHIO, WITHOUT REGARD TO ANY CHOICE-OF-LAW RULES THAT WOULD REQUIRE THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.

Severability

29.

I agree that if any provision of this Release is adjudicated to be invalid, illegal or unenforceable in any jurisdiction, the relevant provision shall be deemed modified to the extent necessary to make it enforceable in such jurisdiction and, if it cannot be so modified, this Release shall be deemed amended to delete herefrom the invalid or unenforceable provision, and this Release shall be in full force and effect as so modified. Any such modification or amendment shall apply only to the operation of this Release in the particular jurisdiction in which such adjudication was made and shall not affect such provision in any other jurisdiction. To the fullest extent permitted by applicable Law, I hereby (on my own behalf and on behalf of each other Releasing Party) specifically and expressly waive any provision of Law that renders any provision of this Release invalid, illegal or unenforceable in any respect.

Legal Representatives

30.

If I am signing this Release as a legal representative of a person or an estate of such person who was injured or suffered death allegedly caused by exposure to welding fumes (“allegedly injured person or alleged decedent”), then (i) all references in this Release to my injury from exposure to welding fumes shall also mean the injury from exposure to welding fumes of such allegedly injured person or decedent, all references in this Release to any person claiming by, through or under, or in relation to, me shall also mean any person claiming by, through or under, or in relation to such allegedly injured person or decedent, and all references to me in the definition of Derivative Claimant shall also mean such allegedly injured person or decedent, (ii) if such allegedly injured person or alleged decedent is not deceased, he or she shall also be a Releasing Party, (iii) if such allegedly injured person or decedent is deceased, I am executing this Release both individually and on behalf of the estate of such allegedly injured person or decedent, and (iv) prior to the submission of this Release to Defendants, I have or will obtain judicial approval of this Release at my own expense, to the extent required under applicable Law.

Definitions

31.

“Counsel” means, with respect to any particular Person, a lawyer or law firm who represents such Person pursuant to a written agreement, provided that, for all purposes of this Agreement, the “Counsel” of any particular Plaintiff shall be the lawyer or law firm named as such in such Plaintiff’s Release and Stipulation of Dismissal With Prejudice.

32.

“Governmental Authority” means any governmental department or authority, including: (i) the United States or any other country, any state, province, territory or possession of the United States or any other country, and any local or other governmental body, or other political subdivision, in or of any of the foregoing; (ii) any multinational organization or body; and (iii) any agency, board, bureau, court, commission, department, instrumentality or administration of any of the entities described in clauses (i) or (ii) of this sentence, including, but not limited to, the Department of Health and Human Services (“HHS”) and CMS.

33.

“Person” means a natural person, partnership (whether general or limited), limited liability company, trust, estate, association (including any group, organization, co-tenancy, plan, board, council or committee), corporation, Governmental Authority, custodian, nominee or any other individual or entity (or series thereof) in its own or any representative capacity, in each case, whether domestic or foreign.

34.

“Plaintiffs’ Counsel” means Counsel listed in the signature pages to the Resolution Agreement and their respective law firms and law partners whom presently or in the past have represented persons with claims against one or more Defendants involving Welding Fume Claims (as defined below) in either federal or state court and in In re Welding Fume Products Liability Litigation, MDL No. 1535 (the “MDL Proceeding”), a federal multi-district litigation proceeding that is venued in the United States District Court for the Northern District of Ohio (the “MDL Court”).

35.

“Third-Party Provider/Payor” means any provider or payor (public or private) of (i) health, hospital, medical, physician, healthcare and/or pharmaceutical services, products or expenses, and/or (ii) any other form of compensation, including, but not limited to, federal and state governmental authorities (or other persons) providing Medicare and/or Medicaid services or benefits, worker compensation benefits, disability benefits and/or other benefits.

36.

“Unasserted Claims” means a claim related to exposure to manganese in welding fume against one or more Defendants but for which a lawsuit had not yet been instituted as of the date of the Resolution Agreement.

Miscellaneous

37.

Where the context so requires, terms used in the singular in this Release shall be deemed to include the plural and vice versa.

Certification of Medicare Status

38.

Have you ever been enrolled in Medicare, now or in the past? [Check one]

Yes: No:

IN WITNESS WHEREOF, I have executed this Release effective as of the date set forth under my name below:


	RELEASOR:

Witnessed or Attested by:

	By:
		Full Name:
		Social Security No.:
		Date of Birth:
		Gender:
		Health Insurance Claim Number, if applicable:

		Dated:

NOTARIZATION OF RELEASOR SIGNATURE

STATE OF , COUNTY OF SS.:

I hereby certify that on , 2012, personally came before me and acknowledged under oath to my satisfaction that this person: (a) is named and personally signed this document; and (b) signed, sealed and delivered this document as his or her act and deed.




Notary Public of the State of

CERTIFICATION OF COUNSEL

(COUNSEL FOR RELEASOR)

I, , hereby represent and declare that (“Releasor”) is currently represented by the undersigned counsel. I have provided Releasor with a copy of the Release to which this Certification of Counsel is attached and have made available to Releasor a copy of the Resolution Agreement referred to in the Release (which copies include all attachments). I informed Releasor of the terms and legal effect of all of the foregoing documents and Releasor’s decision to enroll in the Program (as defined in the Release), and I answered any and all questions Releasor may have had. I hereby certify that Releasor, having had a full opportunity to read, understand, and inquire of counsel about the terms and conditions of the foregoing documents, does not have, and I do not have, any objection to the terms of this Release or any of the other foregoing documents. I further agree to be bound by the “Confidentiality” section in this Release.


BY COUNSEL FOR RELEASOR:

By:
		Name:
		Title:
		Dated:

SIGNATURE PAGE AND AGREEMENT BY DERIVATIVE CLAIMANT

I am a person having or asserting the right to sue one or more of the Defendants and the Released Parties by reason of my relationship with Releasor (or, if Releasor is a legal representative of a person who was allegedly injured or suffered death as a result of exposure to welding fumes, such allegedly injured or deceased person). I hereby enter into the Release to which this signature page is attached and agree to be bound by all of its terms (and, without limitation, hereby give and make all releases, waivers, acknowledgements, agreements, representations, and warranties therein) on the same basis, as Releasor set forth therein (including, but not limited to, all joint and several indemnification obligations set forth therein). This agreement and release is irrevocable by me upon my execution as of the date set forth beneath my name, but shall become effective upon Defendants making the Program Funding Payment set forth in Section 3.2.1 of the Agreement.

Certification of Medicare Status

Have	you ever been enrolled in Medicare, now or in the past? [check one]

Yes: No:


	DERIVATIVE CLAIMANT

Witnessed or Attested by:

	By:
		Full Name:
		Social Security No.:
		Date of Birth:
		Gender:
		Health Insurance Claim Number, if applicable:

		Dated:

NOTARIZATION OF DERIVATIVE CLAIMANT’S SIGNATURE

STATE OF , COUNTY OF SS.:




Notary Public of the State of

CERTIFICATION OF COUNSEL

(COUNSEL FOR DERIVATIVE CLAIMANT)

I, , hereby represent and declare that (“Derivative Claimant”) is currently represented by the undersigned counsel. I have provided Derivative Claimant with a copy of the Release to which this Certification of Counsel is attached and have made available to Derivative Claimant a copy of the Resolution Agreement referred to in the Release (which copies include all attachments). I informed Derivative Claimant of the terms and legal effect of all of the foregoing documents, and I answered any and all questions Derivative Claimant may have had. I hereby certify that Derivative Claimant, having had a full opportunity to read, understand, and inquire of counsel about the terms and conditions of the foregoing documents, does not have, and I do not have, any objection to the terms of this Release or any of the other foregoing documents. I further agree to be bound by the “Confidentiality” section of this Release.


BY COUNSEL FOR DERIVATIVE CLAIMANT:

By:
		Name:
		Title:
		Dated:

RESOLUTION AGREEMENT – Exhibit D

[UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION or Applicable State Court]


[IN RE: WELDING FUME PRODUCTS	)		[Case No. 1:03-CV-17000
LIABILITY LITIGATION	)
	)		(MDL Docket No. 1535)
	)
	)		Honorable Kathleen M. O’Malley
This Document Relates To:	)		[or applicable state court
			information]
	)
[CASE NAME]	)
[CASE NUMBER]	)

	)	]

[or Applicable State Court Caption]

STIPULATION OF DISMISSAL WITH PREJUDICE

In consideration of the participation of the plaintiff(s) in the above-captioned action in the Resolution Agreement executed by the parties to this litigation on January __, 2012, it is hereby stipulated that, pursuant to [Fed. R. Civ. P. 41(a)(1)(A)(ii) or applicable state rule], the above-captioned action is hereby dismissed with prejudice and with each party to bear its own costs and attorneys’ fees.


Dated: _______________, 2012	Respectfully submitted,

/s/ PLAINTIFF’S COUNSEL		/s/ Stephen J. Harburg
[Plaintiffs’ Counsel]		Stephen J. Harburg
		SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
		1440 New York Avenue, N.W.
		Washington, DC 20005

		Defendants’ Liaison Counsel

RESOLUTION AGREEMENT – EXHIBIT E

List of Additional Parties to Receive Information Under Sections 1.1.1 and 6.1.5 – 6.1.9 of the Agreement


1		Corinne E. Powell
		Sr. Account Executive
		Special Liability Group
		1441 W. Long Lake Rd., Suite 250
		Troy, MI 48098-4442
		Facsimile: 248-312-7949
		cepowell@travelers.com

2		E. Berch Willard CPCU MBA
		Chief Examiner
		Complex and Emerging Risks Claims Department
		Liberty Mutual Insurance Group
		100 Liberty Way
		Dover, NH 03820
		Facsimile: 603-334-8088
		eberch.willard@libertymutual.com

3		Karen M. Price
		The Hartford
		Hartford Plaza, T-7-92
		Hartford, CT 06115
		Facsimile: 877-905-0346
		karen.price@thehartford.com

4		Vice President
		Environmental & Mass Tort Claims
		Continental Casualty Company
		333 South Wabash Ave / 23 South
		Chicago, IL 60604
		WeldingRodMedicare@cna.com

5		For email communications only:
		Thomas J. Lane
		Regional Manager
		Special Liability Group
		1441 W. Long Lake Rd., Suite 250
		Troy, MI 48098-4442
		tlane1@travelers.com

RESOLUTION AGREEMENT – EXHIBIT F

Ratifying Plaintiffs’ Counsel


1		Richard Barrett – Law offices of Richard R. Barrett
2		Michael Becker – The Becker Law Firm
3		Danny Becnel – Becnel Law Firm
4		Scott Bickford - Martzell & Bickford
5		Kasie Braswell – The Braswell Firm
6		Kevin Buchanan – Buchanan & Bellan
7		Edward Bull – Banning Micklow & Bull
8		Scott Carlisle – Carlile Law Firm
9		Phil Ciano – Ciano & Goldwasser
10		Jon Conlin – Cory Watson Crowder & DeGaris
11		Rick Davis – Davis Law Firm
12		Kurt Hyzy – The Law Group
13		Charles Johnson – Charles H. Johnson & Associates
14		Grant Kaiser – The Kaiser Law Firm
15		John F. McKay – McKay Law Firm
16		Diane Nast – Roda Nast
17		Scott Nelson – Maples & Lomax
18		Robert Paul – Paul, Reich & Myers
19		Lee Plakas – Tzangas, Plakas, Mannos & Raies
20		Holly Reese – Goldenberg Miller
21		James Shannon – Shannon Law Firm
22		David Shelton – Attorney at Law
23		Richard Taylor – Taylor Martino
24		Tom Thrash – Thrash Law Firm
25		Vic Welsh – Pittman, Germany, Roberts & Welsh
26		Daniel Weltin – Weltin Streb & Weltin
27		Dennis Whelan – Law Office of Dennis Whelan
28		Thomas Yuhas – Law Offices of Ian Herzog
29		Bucky Zimmerman – Zimmerman Reed

Victor Technologies Group, Inc. - FORM 8-K - EX-99.1 - April 18, 2012

Attached files

Victor Technologies Group, Inc. Reports