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ancillary actions. The Class Representatives and their counsel have also taken into account <br />the uncertain outcome and risk of continued litigation, as well as the difficulties and delay <br />inherent in such litigation, and believe that the settlement set forth in this Settlement <br />Agreement confers substantial benefits upon the Class Members. Based upon a detailed <br />legal and factual evaluation, Class Counsel has determined that the settlement set forth in <br />this Settlement Agreement is in the best interests of the Class; <br />WHEREAS, based upon their review, investigation, and evaluation of the facts and <br />law relating to the matters alleged in this action, Plaintiffs and Class Counsel have agreed <br />with Defendants to settle the litigation after considering (among other things): (i) the <br />substantial monetary and non -monetary benefits to the Class Members under the terms of <br />this Settlement Agreement; (ii) the risks, costs, and uncertainty of protracted litigation and <br />appeal, especially in complex actions such as this, as well as the difficulties and delays <br />inherent in such litigation; and (iii) the desirability of consummating this Settlement <br />Agreement forthwith, in order to provide effective and prompt relief to the Class Members; <br />and <br />WHEREAS, nothing in this Settlement Agreement will be construed to be an <br />admission by any Party of liability in the Tenant Class Action; <br />NOW, THEREFORE, in consideration of the foregoing and the mutual covenants, <br />promises and general releases set forth below, subject to preliminary and final approval of <br />the Court, the Parties hereby agree as follows: <br />II. DEFINITIONS <br />As used in this Settlement Agreement and the attached exhibits, the following terms <br />have the meanings set forth below, unless this Settlement Agreement specifically provides <br />otherwise: <br />3 <br />