SECOND JUDICIAL DISTRICT ;

DocuSign Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

STATE

OF NEW

MEXICO

COUNTY

OF BERNALILLO

SECOND

JUDICIAL

DISTRICT

DAVID

ANDREONI,

individually,

and

on

behalf

of all others

similarly

situated,

Plaintiff,

V

RADIOLOGY

ASSOCIATES

OF

ALBUQUERQUE,

P.A.,

dlbla

RAA

IMAGING,

ADVANCED

IMAGING,

LLC

dtbla HIGH

RESOLUTION,

Case No.

D-202-CV

-2022-05463

Defendants

CLASS ACTION

SETTLEMENT

AGREEMENT

!

:

;

DocuSign Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

Court:

Defendants:

Plaintiff/Class

Representative:

Class

Counsel:

Settlement

Administrator:

KEY TERMS

PAGE

State of New Mexico

County of

Bernalillo

Second

Judicial

District Court

Radiology

Associates

of

Albuquerque, P.A.

d/b/a

RAA Imaging;

and Advanced Imaging, LLC dlbla

High

Resolution

David

Andreoni

Osteen

&

Harrison, PLC;

Cohen

&

Malad, LLP;

Stranch,

Jennings

& Garvey, PLLC; and Turke &

Strauss, LLP

KroII

Settlement Administration, LLC

Data

Incident:

Settlement

Class:

Released

Entities

The

incident from

approximately July 22, 2021to

August

3, 2O2L,

and

from December

22, 2O20, to

JuIy 15, 2021,

during which an unauthorized third

party

gained

access to

Defendants'data

systems,

resulting in unauthorized

access to the Plaintiffs

and Class Members'

personally

identif ing

information

and

protected

health information

(collectiveIy,

"Personal

Information").

AII individuals

whose Personal Information

was

potentially

compromised as a result of the Data

Incident. The

Class specifically excludes

(i)

the

Judge assigned

to evaluate the fairness of this

settlement

(including

any members

of the

Court's

staff assigned

to

this

case);

(ir)

Defendants'

officers and directors, and

(iii)

any

other Person found

by a court of competent

jurisdiction

to be

guilty

under

criminal

law

of

initiating,

causing, aiding or abetting the

criminal activity occurrence of

the

Data Incident

or who

pleads

nolo contendere to any such

charge.

Defendants

and Defendants'

past

or

present

parents,

subsidiaries,

divisions, and

affiliated

entities, each of their respective

predecessors,

successors,

directors, officers,

employees,

principals,

agents, attorneys,

insurers,

and reinsurers, includes,

without

limitation,

any Person related to any such entity

who is, was

or could

have

been named as a

defendant in

any of the actions

in

the Litigation,

other than

any

Person

who is found by

a

court

of

competent

jurisdiction

to be

guilty

under

criminal law

of initiating,

causing, aiding or

abetting

the criminal activity occurrence of

the

DocuSign Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

Released

Claims:

KEY TERMS PAGE

Data Incident

or who

pleads

nolo contendere to

any

such charge, and includes

any

entity with

whom Defendant

contracted that, on behalf of

Defendants,

held data involved in the Data

Incident

who is,

was or could have been named

as

a defendant in any of the actions in the

Litigation.

Any

and all

past, present,

and

future

claims,

causes of action,

counterclaims, lawsuits,

rights,

demands, charges, complaints, actions,

obligations, or liabilities under

any

legal

or

equitable

theory, whether known, unknown,

suspected,

or

unsuspected

or capable ofbeing

known

or suspected,

and whether, accrued,

unaccrued,

matured,

or

not matured, but

otherwise including

and not limited to,

negligence, negligence

per

se, breach of implied

contract,

unjust enrichment, breach of implied

covenant of

good

faith

and

fair

dealing,

invasion

of

privacy,

any state or federal consumer

protection

statute, misrepresentation

(whether

fraudulent,

ne

gligent,

or innocent), bailment,

wantonness, failure to

provide

adequate

notice

pursuant

to any breach notification statute,

regulation,

or common law duty, any causes of

action under 18

U.S.C.

SS

2701 et seq., and all

similar statutes in

effect

in

any states

in

the

United States

as defined

herein,

and

including,

but not limited

to, any and all claims for

damages, injunctive

relief, disgorgement,

declaratory relief, equitable relief,

attorneys'

fees,

costs and expenses, set-offs, losses,

pre-

judgment

interest,

credit monitoring services,

the creation of a fund for future

damages,

statutory damages,

punitive

damages, special

damages,

exemplary damages, restitution, the

appointment of

a

receiver,

and any other

form

ofreliefthat either has been

asserted, or could

have been

asserted, by any Class Member

against

any of the Released Entities

based on,

relating

to, concerning, or arising

out of the

Data Incident

and alleged exposure and

compromise

of any Class

Member's

Private

DocuSign Envelope lD:

BIATD9CF-AFCC-4DC9-8D37-1219006E90AC

KEY

TERMS PAGE

Information

in the Data Incident. Released

Claims

also shall not

include

the

right

of any

Settlement

Class Member or any of the

Released Entities

to enforce the terms of

the

Settlement

contained

in

this Settlement

Agreement

and shall

not include

the claims of

persons

who have timely and validly requested

exclusion from the

Settlement Class

pursuant

to the opt-out

procedures

set forth in this

Settlement Agreement.

Class Certification

Rules: New

Mexico Rules

of

Civil Procedure for

the

District

Courts 1-023(4)

and

(B)(3)

New

Mexico Rules of Civil Procedure for the District

Courts 1-023(E) This

case is known as

In Re:

P

ac ka

ge

d S e afo o d P ro

ducts

Ant it rus

t

L it

i

gat

io

n, N o.

I5-MD-2670-DMS

(MSB),

filed in

the United States

District

Court, Southern District of California. The

person

who sued are the

"Plaintiffs" or "class

representatives"

and the company they sued, StarKist

Co. and its

parent

company

Dongwon Industries

Co.

Ltd

(collectively

"StarKist"),

and

Bumble Bee Foods,

LLC

("Bumble

Bee")

and

Lion

Capital

(Americas),

Inc.

("Lion

America")

(collectively

the

"Non-Settling

Defendants").

The lawsuit claims that the Non-Settling

Defendants

and Settling

Defendants

COSI

(collectively

the

"Defendants")

participated

in

an unlawful

conspiracy to raise, fix, maintain, or stabilize the

price

of Packaged Tuna

products

at an artificially high level

in violation

of antitrust and unfair competition

laws.

Defendants

deny any wrongdoing.

Settlement

Approval Rule :

Settlement Payment:

$3,080,475

Identity

Theft Protection

3 bureau credit monitoring for

3

years,

to include

Services Attributes:

identity theft insurance of no less than

$1,000,000

Ordinary Loss

Payments: Ordinary Losses incurred,

up to

$400

maximum

per

Class Member

Lost Time Payments:

$20

per

hour up

to

4

hours

per

Class

Member

Extraordinary

Loss

Payments: Extraordinary Losses incurred, up

to

$4,000

maximum

per

Class Member

Cash Payment Amount:

$80,

subject to increase or

decrease as set

forth in

this

agreement

Cy Pres

Recipient(s): Public

Justice

Foundation

Costs of Preparing

the Class

To

be

paid

from the Settlement Fund

List:

Costs

of Notice and

Administration:

To

be

paid

from

the Settlement Fund

DocuSign Envelope ID: 81A7D9CF-AFCC-4DC9-BD37-1219006E90AC

KEY

TERMS

PAGE

Attorneys'

Fees Amount:

Service Award Amount:

$1,026,825,

to be

paid

from the Settlement

Fund

$2,500,

to be

paid

from the Settlement Fund

DocuSign Envelope

lD: BIATDgCF-AFCC-4DC9-8D37-1219006E9oAC

SCHEDULE OF DATES

AND DEADLINES

Unless

otherwise ordered

by the

Court, the following dates and deadlines

apply

to this

agreement. All dates

and deadlines wiII

be calculated

in

conformity

with New

Mexico Rules

of Civil Procedure for

the District

Courts

1-006(A).

Euent

Da,te/Dead,line

Date

of Execution

First

date on which this agreement has been

signed

by

all

parties,

as

indicated

on the

signature

paqe

Deadline

to Move for Preliminary

Approval

7 days

after the

Date

of Execution

Date

of Preliminary

Approval

The

day on which the Court

enters the

Preliminarv

Approval Order

Deadline

to Provide

the Class List

7 davs after Preliminarv

Approval Order

Deadline

for

Defendant

to

pay

cost

of Notice Program

and Claims

Administration

14

days after Preliminary Approval

Order

Deadline

to Send Notice

30 davs

after

Preliminarv

Approval Order

Deadline

to File

Motion for Fees,

Expenses,

and

Service Awards

15

days before

Deadline

to Object

Deadline

to

Obiect

30 davs

after

Deadline

to Send Notice

Deadline

to Opt-Out

30

davs after Deadline to Send Notice

Deadline

to Report Opt-Outs

10 davs

after

Deadline

to Opt-Out

Deadline

to Terminate

for Opt-Outs

3 davs after Deadline

to Report Opt-Outs

Deadline

to File Motion

for Final

Approval

No later

than

14

days before the Date of the

Final Approval

Hearins

Date

of

the

Final

Approval

Hearing To

be set by the Court

(Parties

to

Request a

date approximately

90-

120

days after

Preliminarv

Approval Order)

Date

of

Final

Approval

The

day on which the Court enters

the

Final

Approval

Order

Effective

Date

As defined

in Section 6.7

Deadline

to

for

Defendants

to

Pay

Fees,

Expenses,

and Service Award

7 days

after the Effective Date

Deadline

to Submit Claims

120 days

after Preliminarv Approval Order

Deadline

to Process

Claims

30 days after receipt of the

Claim

Form

by

the Settlement Administrator

Deadline

to Cure

Claim

30 days after notice of the deficiency is

provided

by the Settlement Administrator

Deadline

to Pay Valid

Claims

60

davs

after Effective Date

Date

Settlernent

Checks Exrrire 120

davs after issuance

DocuSign Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

1. Recitals.

On September 16, 2022, the

Class Representative

filed

a

putative

Class

Action

Complaint against Defendants in the Court, alleging that

Defendants

are

liable

for the Data Incident under

claims

for:

(Count

I) negligence;

(Count

II)

intrusion upon

solitude/invasion of

privacy;

(Count

III) breach of express contract;

(Count

I$ breach

of

implied

contract;

(Count

\) negligence

per

se;

(Count

VI)

breach of

fiduciary

duty;

and

(Count

VII) violation

of

the New Mexico Unfair

Practices

Act

(NMSA

1978, Section 57-I2-2)

(the

"Lawsuit").

On December 12, 2022, Defendants filed

a motion to dismiss; the

Class

Representative

responded on

December

22, 2022; and Defendants replied on

January

20,2023.

On March L0,2023,

the Court

granted

in

part

and denied

in

part

the

motion

to dismiss. The Court denied

the

motion

to dismiss as

to

Count

I, and III

through

VI, and

granted

the motion to dismiss

as to

Count II.

On

March

2L, 2023, the Defendants filed their Answer to the Complaint

denying

all liability

and asserting affirmative defenses.

On

JuIy 19,2023, the

parties

participated

in a mediation facilitated by

mediator

Rodney A. Max. The case did not settle, but the

parties

continued

settlement negotiations

through the

Honorable

(ret.)

Wayne Andersen of JAMS.

The

parties

ultimately reached

an agreement

in

principle

to

resolve this litigation,

subject to Court

approval of the detailed terms of this final agreement.

2. Incorporation

of Key Terms, Schedule, Recitals, and Exhibits.

This

agreement expressly incorporates the

preceding

Key Terms Page,

Schedule of Dates

and

Deadlines,

Recitals, and the

following

exhibits, all of

which

are integral

parts

of this agreement:

Exhibit

A

-

the "Summary Notice'

Exhibit

B

-

the

"Detailed

Notice"

Exhibit

C

-

the

"Claim

Form"

Exhibit

D

-

the

"Preliminary

Approval Order"

Exhibit

E

-

the "Final Approval Order"

Benefits

to Class

Members.

3.1.

Settlernent Fund

Defendants

agree

to

pay

the

Settlement

Amount on

the

following schedule:

3

o

DocuSign

Envelope

lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

(1)

Within

fourteen

(14)

days

of

the

Court

granting preliminary

approval of

this

Settlement

Agreement,

Defendants shall

pay

to the Settlement

Administrator

the estimated

costs associated with

notifiiing

the

Settlement Class Members;

(2)

Within

seven

(7)

days of the Effective Date, Defendants shall

pay

all

fees,

expenses, and service

awards approved by the Court to Class

Counsel,

who will distribute

any service award

to the Class

Representative

(3)

Within thirty

(30)

days

of the

Effective Date, Defendants

shall

pay

the

remainder

of the Settlement Payment

(i.e.,

the Settlement

Amount, less

the amounts already

paid

under

subsections

(1)

and

(2)

to

the

Settlement Administrator to be held in

the Settlement

Fund for the

benefit

of Class

Members

and to

pay

any remaining costs of

notice

and

administration.

The "Net

Settlement Fund" is

the amount

remaining in

the Settlement

Fund

after

payment

of the Costs of Notice and Administration, Costs of Preparing

the Class List,

and

payment

of all Court-approved attorneys' fees, expenses, and

service award. The

Net Settlement Fund will be used to

provide

the benefits listed

in

this section,

which will

be available,

as applicable, to any

person

who

is

a

member

of the Settlement Class and who

does

not

submit a valid and timely

request to

be excluded as

provided

in the Detailed Notice

(each

such

person,

a

"Class Mernber").

A Class Member may claim

all

of the

benefits to

which the

Class

Member

has a valid claim,

and

any

Class

Member

who submits a valid claim will

also receive

a Cash Payment. A Class Member

may claim these benefits by

submitting a completed

Claim

Form

to the Settlement

Administrator

postmarked

no

later than

the

Deadline

to Submit Claims or

by

submitting such a request by

that

deadline

through the Settlement Website. All claims will be

processed

and

validated

as set

forth

in Section 4.

4

DocuSign

Envelope lD: B1A7D9CF-AFCC-4DC9-8D37-1219006E90AC

3.L.2. Identity Theft

Protection Services.

"Identity

Theft Protection Services" means

credit

monitoring

and

identity

theft

protection

services

having

the

Identity

Theft Protection Services

Attributes

listed

on the

Key Terms Page

to be

provided

by a vendor approved by

Class Counsel.

The Settlement Fund

will

pay

to

provide

Identity Theft Protection

Services

to each

Class

Member who

submits a valid claim for

Identity Theft

Protection

Services, at no cost to the Class Member.

3.1.3. Claims for Lost Time.

"Lost

Time"

means time a Class Member spent

dealing with

the Data

Incident,

such as

time spent

freezing

credit, checking statements, dealing with

actual or suspected

fraud, or other time spent by a Class Member that

would

not

have been spent

but

for

the

Data

Incident. The Settlement Fund will

pay

all valid

claims for reimbursement for

Lost Time in the amounts and limits set forth under

Lost Time

Payments on

the

Key Terms Page.

3.1.4. Claims for

Ordinary Losses.

"Ordinary

Losses" means the following out-of-pocket

expenses

incurred by a

Class Member

and fairly

traceable to the

Data

Incident:

(i)

bank fees,

Iong

distance

phone

charges, cell

phone

charges

(only

if

charged by the

minute),

data

charges

(only

if

charged based

on the amount of data used), miscellaneous

qualified

expenses

subject to explanation, such as

postage,

notary, fax,

copying,

mileage,

and./or

gasoline

for local

travel; and

(ii)

fees

for credit reports, credit

monitoring,

and/or other identity

theft insurance

product purchased

between

the date of the

Data

Incident

and the

Deadline

to Submit Claims. The Settlement Fund will

pay

all

valid claims for reimbursement

of Ordinary Losses in the amounts and limits set

forth under

Ordinary Loss Payments

on

the Key Terms Page.

3.1.5. Claims for Extraordinary Losses.

"Extraordinary

Losses" means unreimbursed

costs or expenditures

(other

than Ordinary Losses)

incurred by a Class Member

and

fairly

traceable

to the Data

Incident.

Extraordinary Losses include,

without limitation, the unreimbursed costs,

expenses,

losses or

charges

incurred

a

result

of identity theft or identity

fraud,

falsified

tax returns,

or other

possible

misuse of information compromised

in

the

Data Incident,

and including accountant's fees related

to any credit

freezes. The

Settlement

Fund will

pay

all valid claims

for reimbursement

of Extraordinary

Losses in

the amounts

and

limits

set

forth under Extraordinary Loss Payments

on

the Key Terms

Page.

3.1.6. Cash Payment.

"Cash

Payment" means

a

payment

to be made in

addition

to any other

benefits

of

this

agreement. The Settlement Fund will

pay

all

valid claims for a Cash

Payment

in

the amounts and limits set forth under

Cash

Payment Amount

on the

Key Terms

Page,

provided,

however,

that the final amount of the Cash

Payment

due to

each Class Member will

be

increased

or decreased such that

it is

equal to the

5

DocuSign

Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

Net

Settlement Fund,

less

the costs of

providing

the benefits

and

payments

for valid

claims

set forth in

paragraphs

3.1.1 through 3.I.4,

divided by the total number

of

persons

submitting

valid claims for

benefits under

paragraphs

3.1.1 through

3.1.5.

3.1.7.

Cy

Pres.

After

the Date

Settlement Checks Expire

there

remain

monies in

the

Net

Settlement

Fund, those monies

will

not revert to Defendant

but will,

after

deduction

of

any

final

costs of

administration,

be

paid

to the Cy Pres

Recipient(s) in

the

amount(s)

set forth

on the Key Terms Page.

4.

Claims Processing

and Provision

of Settlement Benefits.

4.I.

Settlement

Administrator's

Duties

and Discretion in

Processing

Claims.

The

Settlement

Administrator

will

be

responsible

for collecting

and

processing

all Claim Forms,

whether

submitted by mail

or through the Settlement

Website.

The

Settlement Administrator

may consult

with Class Counsel in making

determinations

as

to any claim,

but the Settlement

Administrator has

the sole

discretion

to determine,

in

good

faith

and under

the terms of

this Settlement

Agreement,

whether any

claim is timely,

whether any

claim

is

complete or deficient,

and whether

any claim is valid,

including

whether documentation

is sufficient to

support

any claim. If

the Settlement

Administrator identifies

a deficiency in

the

information

provided

for

any claim, the

Settlement Administrator must

follow the

procedures

in

Section 4.3

to allow the

Class Member

a chance to cure the

deficiency.

4.2.

Determining

the

Validity of Claims.

In

order

for any claim

to be valid,

the

following

requirements

must be met

(all

three

of these requirements,

collectively

the

"Basic

Claim

Requirements"):

(i)

the claim

must

be submitted by

a Class Member

or the Class Member's

authorized

legal representative;

(ii)

the information required

to

process

the claim must have

been completed;

and

(iii)

the original

claim must have

been submitted

on or before

the

Deadline

to Submit Claims.

A

claim for Identity

Theft Protection

Services

and./or Lost Time

will be valid

so long

as it meets

the Basic

Claim Requirements.

A claim

for Ordinary

Losses will

be valid so long

as

it

meets the Basic

Claim

Requirements

and is accompanied

by documentation

of the loss.

A

claim for

Extraordinary Losses

will

be valid so long

as

it

meets the Basic

Claim

Requirements

and is

accompanied

by

documentation

of the loss and a

statement

signed under

penalty

of

perjury

attesting

to the accuracy

of the claim.

A

claim for

a Cash Payment

will be

valid so long as it meets

the Basic Claim

Requirements.

6

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B1A7D9CF-AFCC-4DC9-8D37-1219006E90AC

No later

than

the

Deadline

to

Process

Claims, the Settlement

Administrator

must

process

Claim Forms

to determine

whether

the claim is, in whole

or

in

part,

valid,

invalid,

or deficient.

4.3. Processing

Deficient

Claims and

Opportunity

to Cure.

If the

Settlement

Administrator

determines

that

any Claim Form that has

been submitted

is

deficient or

that additional

documentation

or

information

is

necessary

to determine

the validity

of the claim,

the Settlement

Administrator

shall

promptly

provide

the

person

submitting

the Claim Form

with notice

of the

deficiency

and request

that the

person

provide

the information

or documentation

necessary

to

process

the

Claim

Form

and to determine

the validity

of the claim.

Failure

of the

person

to

provide

the requested

information

Deadline

to Cure

Claims

may

result

in denial

of the

claim, or

part

of it, by

the Settlement Administrator.

4.4. Payment

of Valid

Claims.

No later

than the Deadline

to Pay

Valid Claims,

the Settlement

Administrator

must

pay

the valid

claim

fty

check or by other

payment

means

agreed

to by

the

parties)

and/or arrange

for the

provision

of Identity Theft

Protection

Services,

as appropriate

for the

claim. The

Settlement Fund

will be

responsible

for

providing

the Settlement

Administrator

with

all

payments

necessary

to

provide

the benefits

deemed valid

by the

Settlement Administrator

within

the

Deadline

to Pay Valid

Claims.

The

Settlement

Administrator

shall report

to Class

Counsel and Defendants

on a

periodic

basis

regarding

the status

of valid,

invalid, and deficient

claims.

4.5.

Custody

of the

Settlement Fund.

The

Settlement

Fund

shall be deposited

into

an appropriate trust

established

by the

Settlement

Administrator

but shall remain

subject to

the

jurisdiction

of the

Court until

such time

as the

entirety of

the Settlement Fund

is distributed

pursuant

to the

Settlement

Agreement

or returned

to those

who

paid

the Settlement Fund in

the event

this Settlement

Agreement

is

voided, terminated,

or cancelled.

4.6, Treasury

Regulations

and Fund

Investment.

The Parties

agree that the

Settlement Fund

is intended

to be maintained

as a

qualified

settlement

fund

within the

meaning

of

Treasury

Regulation

$

1.468 B-1,

and that

the Settlement

Administrator,

within

the

meaning

of Treasury

Regulation

S

1.468

B-2(kX3),

shall be responsible

for filing

tax returns

and any

other tax

reporting

for

or

in

respect

of the

Settlement Fund

and

paying

from

the Settlement

Fund

any

taxes owed

with respect

to the Settlement

Fund.

The Parties agree

that the

Settlement

Fund

shall be treated

as a

qualified

settlement

fund from

the earliest date

possible

and agree

to

any

relation-back

election required

to

treat the Settlement Fund

7

DocuSign Envelope

lD: B1A7D9CF-AFCC-4DC9-8D37-1219006E90AC

as a

qualified

settlement fund from

the earliest

date

possible.

Any and

all

funds held

in the

Settlement Fund

shall be held in

an interest-bearing

account insured by the

Federal Deposit

Insurance

Corporation

("FDIC")

at

a

financial

institution determined

by

the Settlement Administrator

and

approved by

the

Parties.

Funds may be

placed

in

a non-interest

bearing

account as may

be

reasonably

necessary

during the check

clearing

process.

The

Settlement Administrator

shall

provide

an accounting of any

and all funds in

the Settlement

Fund, including

any interest

accrued thereon and

payments

made

pursuant

to this Agreement, upon

request of

any

of

the

Parties.

4.7. Taxes

All

taxes relating

to the Settlement

Fund shall be

paid

out of the Settlement

Fund, shall

be considered

an Administrative

Expense,

and shall be timely

paid

by

the

Settlement

Administrator

without

prior

order

of the Court. Further,

the Settlement

Fund

shall indemnify

and hold harmless

the Parties

and their counsel for taxes

(including,

without limitation,

taxes

payable

by reason of any such indemnification

payments).

The

Parties

and their respective

counsel have made no representation

or

warranty

with respect

to

any tax treatment

by any Class Representative or

any

Settlement

Class

Member

of any

payment

or transfer made

pursuant

to

this

Agreement

or

derived from

or made

pursuant

to the Settlement Fund. Each

Class

Representative

and

Settlement Class Member

shall be

solely

responsible for

the

federal,

state,

and local tax

consequences to him, her,

they, or it of the receipt of funds

from

the Settlement

Fund

pursuant

to this Agreement.

5. Releases.

5.1

On the Effective

Date, the Parties

and each

and every Class Member

who has

not timely

opted out shall

be bound

by this Settlement Agreement and

shall

have recourse

only to the benefits, rights,

and remedies

provided

hereunder.

No other

action,

demand, suit, arbitration,

or other

claim

may

be

pursued

against

Defendants

or any Released

Entities with respect

to the Released

Claims.

5.2 On

the Effective Date,

and to the fullest

extent

permitted

by law, each

Settlement

Class Member,

including Plaintif{

who has not

timely opted out, either

directly, indirectly,

representatively,

as a member

of or on behalf

of

the

general

public

or in

any capacity,

shall be

permanently

barred and enjoined from

commencing,

prosecuting,

pursuing,

or

participating

in

any

recovery

in any action

in

this or

any other forum

(other

than

participation

in the

Settlement as

provided

herein)

in which

any of the Released

Claims is

asserted.

5.3 On

the

Effective

Date and in

consideration of

the

promises

and

covenants

set forth in

this Settlement Agreement,

(i)

Plaintiff

and each Settlement

Class Member

who has not timely

opted out,

and

each

of their respective spouses

and children

with

claims on behalf of

the Settlement Class Member,

executors,

representatives,

guardians,

wards,

heirs,

estates,

successors,

predecessors,.next

8

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81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

friends,

co-borrowers, co-obligors,

co-debtors, legal representatives,

attorneys,

agents,

and assigns, and all those

who claim through them or who assert claims

(or

could assert claims)

on their behalf

(including

the

government

in the capacity as

parens

patriae

or

on behalfofcreditors or

estates ofthe

releasors),

and each ofthem

(collectively

and individually,

the "Releasing Persons"), will

be

deemed

to

have,

and by

operation of the Final

Order and Judgment shall have, fully, finally,

completely,

and

forever

released

and discharged the Released Entities from

the

Released

Claims. The release

set

forth

in the

preceding

sentence

(the

"Release")

shall be included

as

part

of any

judgment,

so that all Released Claims shall be

barred by

principles

of res

judicata,

collateral estoppel, and claim and issue

preclusion.

5.4 Without

in any way limiting

the scope of the Release, the Release

covers,

without limitation,

any and all claims for

attorneys'fees, costs, and expenses

incurred

by Class Counsel

or any other counsel representing Plaintiff

or

Settlement

Class

Members,

or any of them, in

connection with or

Lawsuit,

the Data Incident,

the Settlement,

the administration of such Settlement,

as well

as any and

aII claims for the

Service

Awards

to Plaintiff.

5.5

Subject to Court

approval, as of the Effective Date,

all Class

Members

who have not

timely opted out

shall be bound by this

Settlement

Agreement

and the

Release

and all of

their claims in the Lawsuit

shall be dismissed with

prejudice

and

released,

irrespective

of

whether they received actual notice of

the

Lawsuit or this

Settlement.

5.6 As

of the Effective Date,

the Released Entities are deemed, by

operation

of the entry of

the

Final

Order and Judgment,

to

have fully released

and

forever

discharged Plaintiff,

the Settlement Class Members

who have

not

timely

opted

out, Class

Counsel, or any

other counsel representing Plaintiff or

Settlement

Class

Members,

or any of them, of

and

from

any claims arising out of the Lawsuit

or

the Settlement.

Any

other claims or defenses Defendants

or other Released Entities

may have

against Plaintiff,

the Class Members who have not

timely opted out,

Class Counsel,

or any

other counsel representing

Plaintiff or Class Members,

including,

without limitation,

atry claims based upon

or arising out of any

employment,

debtor-creditor,

contractual, or

other business

relationship

that are

not

based upon

or do not arise out

of the

institution,

prosecution,

assertion,

settlement,

or

resolution

of the Lawsuit

or the Released

Claims that are not

released,

are specifically

preserved

and shall not be affected

by the

preceding

sentence.

5-7

As of the Effective Date,

the

Released

Entities

are deemed,

by

operation

of entry of

the

Final

Order and

Judgment, to have fully released

and

forever

discharged

each other of and from

any claims they may have

against each

other

arising from

the claims

asserted in the Lawsuit, including

any claims

arising

out of

the investigation,

defense,

or settlement of the Lawsuit.

9

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5.8 Nothing

in the

Release

shall

preclude

any

action to enforce the

terms

of

this Settlement

Agreement

by the Parties,

the Class

Members,

or Class Counsel,

including

participation

in

any of the

processes

detailed

herein.

6. Process

for

Court Approval

of

Settlement.

This

entire

agreement

is contingent

on

the

parties

obtaining Court

approval

of

the agreement.

Solely for the

purpose

of implementing

this

Settlement

Agreement

and effectuating

the

Settlement,

Defendants

stipulate

to the

certification

of the Settlement

Class and

wiII

not

oppose Plaintiff

s request for

certification.

6.1.

PreliminaryApproval.

No

later

than the Deadline

to

Move

for Preliminary

Approval,

the Class

Representative

must move

the

Court to enter

the Preliminary

Approval

Order.

Defendants

will not

oppose

the motion,

including

not opposing

class certification for

purposes

of settlement.

6.2.

Preparation

of the Class

List.

No

later

than the Deadline

to

Provide

the Class List,

Defendants must

provide

the Settlement

Administrator

with information

sufficient for the

Settlement

Administrator

to mail

or email

each member

of the

Settlement Class

the Summary

Notice.

Before

sending notice,

the Settlement

Administrator

must update

the

addresses

provided

using

the United

States

Postal

Service's National

Change of

Address

service.

6.3.

Notice

to Members

of

the Settlement

Class.

No later

than

the Deadline

to Send Notice,

the

Settlement Administrator

must

do all

of the following:

(a)

Establish

at a

URL agreed

to by Class

Counsel

and

Defendants'

Counsel

(the

"Settlement

Website") and

post

the Detailed

Notice

to the

Settlement

Website

(b)

Establish

a toll-free number

and

an e-mail address

at which members

of

the Settlement

Class may

obtain information

or contact the

Settlement

Administrator

(c)

E-mail

the Summary

Notice

to all

persons

on the

Class List for whom

an

email

address is

provided

10

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(d)

Mail

the Summary

Notice

by

United States

mail to

all other

persons

on

the

Class List to

whom the

Settlement

Administrator

does not

send

an

email.

If

any emailed

Summary

Notice is returned

as undeliverable,

the

Settlement

Administrator

must

promptly

cause

the Summary

Notice

to be mailed

to that

member

of the Settlement

Class. If any mailed

Summary Notice is

returned

as

undeliverable

with

a forwarding

address

then

the Settlement

Administrator

must

promptly

cause the

Summary Notice

to

be

forwarded

by mail

to the listed

forwarding

address. If

any mailed

Summary

Notice

is returned

as undeliverable

without

a forwarding

address then

the Settlement

Administrator

must

attempt

to

locate

the

correct address

through

a reasonable

search

and must

promptly

forward

the

Summary

Notice

to the

address obtained

from

the search.

The

Costs

of Notice

and Administration

will be

paid

as set forth

on the Key

Terms

Page.

6.4.

Right of Members

of the Settlement

Class to Opt-Out.

Any

member

of the

Settlement

Class may

choose to

be excluded from

the

Settlement

Class by

complying

with the requirements

to opt-out

set

forth

in the

Detailed

Notice. Any

person

who submits

a valid

and timely request

to opt-out

will

be excluded

from

the

settlement

and will not

be bound

by any of its

terms, including

the release.

Any

member

of the Settlement

Class

who does not

submit a valid

and

timely

opt-out

will be bound

by the

Settlement.

No later

than the Deadline

to

Report

Opt-Outs,

the

Settlement Administrator

must report

aII

opt-outs it has

received

to Class

Counsel

and counsel

for Defendants.

6.5.

Right of

Class Members

to

Object.

Any Class

Member

may object

to the

Settlement

by complying

with the

requirements

to

submit an

objection set

forth in

the Detailed Notice.

6.6. Final

Approval.

At

the final

approval hearing,

the

Class

Representative

and

Defendants

must

move

the

Court to

enter the Final Approval

Order.

6.7. Effective

Date.

The

"Effective

Date"

of

this Settlement

Agreement

shall

be the first

date

when each

and

all of the following

conditions

have

occurred:

(a)

This

Settlement

Agreement

has

been fully

executed by all Parties

and

their

counsel;

11

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21 9006E90AC

&)

Orders have

been entered

by the

Court certifying the

Settlement Class,

granting

preliminary

approval

of this Settlement

Agreement,

and approving the

Notice

Program

and Claim Form,

all as

provided

above;

(c)

The

Court-approved Notice

has

been sent

and the Settlement Website

has

been

duly created

and maintained

as ordered

by the Court;

(d)

The

Court has

entered a Final

Order and

Judgment finally approving

this Settlement

Agreement,

as

provided

above;

(e)

The Final

Order

and Judgment has

become Final;

and

(0

The

time for

any appeal of the Final

Order

and Judgment entered by

the

Court has

expired.

7. Attorneyso

Fees,

Expenses,

and Service

Award

No later

than

the Deadline

to

File

Motion for Final

Approval and Fees

and

Notice

of Opt-Outs,

Class

Counsel shall file

a motion

with the Court for

consideration

at the Final

Approval hearing

seeking

to be

paid

attorneys' fees

of up

to the Attorneys'Fees

Amount listed

on the

Key Terms Page,

plus

expenses,

plus

a

service

award of up

to the Service Award

Amount listed

on the Key Terms Page,

to

be

paid

from

the Settlement

Fund. Defendants

agree to take no

position

on

requests

that

are no

greater

than these

amounts.

No

later than

the Deadline

to

Pay

Fees, Expenses,

and Service Award,

Class

Counsel

and the Class

Representative

shall be

paid

the amounts awarded

by the

Court for

fees,

expenses, and

service awards,

from the sources listed

on the Key

Terms

Page.

8. No Admission

of Liability/Agreement

Not Binding Absent

Approval.

Defendants

deny

each and all

of the claims and

contentions alleged

against

it

in

the Lawsuit.

Defendants

deny all allegations

of wrongdoing or liability

as alleged,

or

which could

be alleged, in

the Lawsuit. Nonetheless,

Defendants

concluded that

further

defense

of the

Lawsuit

would be

protracted

and expensive,

and that

it

is

desirable

that the Lawsuit

be fully

and finally

settled in the manner

and

upon

the

terms

and

conditions set forth

in this Settlement

Agreement. Defendants

considered

the uncertainty

and risks

inherent in

any litigation. Defendants

have, therefore,

determined

that it

is desirable

and beneficial

that the Lawsuit be

settled in the

manner

and upon

the terms and

conditions set forth in

this

Settlement Agreement.

If

this agreement

fails to become

effective, or is voided,

for any reason, then:

(i)

no

act, statement,

or filing in furtherance

of this agreement may

be

used

to

support

or oppose

the certification

of any class in

the lawsuit;

(ii)

all the

parties

to

12

DocuSign

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B1 A7D9CF-AFCC-4DC9-8D37-1

21 9006E90AC

this agreement

shall

be returned

to

the same

position

in the

lawsuit that

they were

in on

the day

before

the Date of Execution;

and

(iii)

Defendants

shall

be entitled to

object to

certification

of

any

class

in this lawsuit.

9. Additional

Terms

9.1.

Agreement

to Effectuate

This

Settlement

The

Class Representative,

Class Counsel,

Defendants,

and Defendants'

counsel

agree to undertake

their

best

efforts to effectuate

this

Settlement

Agreement,

including:

(i)

all steps

that may

be appropriate

or necessary

to secure

the Court's

preliminary

and final

approvals

and entry

of the Preliminary

Approval

Order and

the Final

Approval

Order;

and

(ii)

all steps that may

be appropriate

or

necessary

to oppose

any

challenges

to or

appeals from

the Court's

orders approving

this

agreement.

9.2. Integration

Clause

This

agreement,

and all exhibits

to it,

constitute

the entire agreement

between

the

parties

and can

be modified

only in

writing. This

agreement, and

all

exhibits

to it,

constitute

the

entire agreement

between the

parties,

and supersede

any

prior

understandings,

agreements,

or representations

by or between

the

parties,

written

or oral,

to the extent

they relate

in

any way to

the subject matter

of

this agreement.

The

agreement is

an integrated

agreement,

and no

promise,

inducement,

or agreement

separate

from

this agreement

has been made

to the

parties.

The

terms

of this

agreement,

and all exhibits

to it,

are binding upon

and

inure

to

the benefit

of each

of the

parties

and

their respective

successors,

heirs,

and

assigns.

9.3.

Execution

in

Counterparts

and by Electronic

Signature

This

agreement may

be executed

in

counterparts,

and each counterpart,

when executed,

shall

be deemed

to be an original.

Parties

may sign

by electronic

signature,

such

as DocuSign.

9.4.

No Construction

Against

the Drafter

Each

party

has

participated

in negotiating

and drafting

this agreement

through

counsel,

so if

an ambiguity

or

question

of intent

or interpretation

arises,

this

agreement

is to

be construed

as if the

parties

had

drafted it

jointly,

as opposed

to

being construed

against

a

party.

Further,

each

party

represents

that they have

each read

this

agreement

and

are

fully

aware

of and understand

all of

its

terms

and

the legal

consequences

thereof. The

parties

represent

that they have

consulted or

have had

the

opportunity

to consult

with

and have received

or have

had

the

opportunity

to receive

advice from legal

counsel

in connection

with

their review and

execution

of

this Settlement

Agreement.

13

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9.5.

Choice

of Law, Forum,

and

Stipulation to Jurisdiction

This

agreement,

and all exhibits

to it, shall be

governed

by the laws

of the

State in

which

the Court is located,

and

the

parties

to

this Settlement Agreement

stipulate

that

the Court has

personal

jurisdiction

over

them

for

purposes

of

administering,

interpreting,

and enforcing

this agreement. Atl

proceedings

relating

to the

administration,

interpretation,

and enforcement

of this agreement

and

must be

brought in

the Court.

[Remainder

of this

page

intentionally

left blank]

t4

DocuSign

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10. Signatures

Each

party

is

signing as of the date indicated next

to

that

party's

signature

o",*u,

[/31/

0.1

Radiology Associates of

Albuquerque, P.A. dtbla

RAA

Imaging

By:

.Lr'L,( 1"^'rfu

W

Its:

P

[t

s.

de,n

+

Advanced Imaging,LLC

d,lbla

High

Resolution

Its:

/{\e',nb.e-f

tl"'tD

By

Dated:

Counsel for

Radiology

Associates

of

Albuquerque,

P.A.

d/b/a RAA

Imaging;

and

Advanced Imaging, LLC

dlbla

High Resolution

[Insert

Defense Counsel]

Mullen

Coughlin

LLC

By:

Dated

1,/26/2024

Class

Representative

f-d",la-l

David Andreoni

Class Counsel

L/29/2024

Da

fpd.

Er.,.

--

Stranch, Jennings & Garvey,

PLLC

15

2/1/2024

DocuSign Envelope lD:

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A7D9CF-AFCC-4DC9-8D37-1

21 9006E9OAC

[Remainder

of this

page

intentionally

left blank]

16

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EXHIBIT

A

(SUMMARYNOTICE)

DocuSign Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E9oAC

Summarv

Notice

Andreoni v. Radiology Associates

of

Albuquerque, P.A.

d/b/a RAA Imaging; and

Advanced

Imaging,

LLC

d/b/a High Re solut ion, No. D-202- CV -2022-05 463

(Second

Judicial District

Court of New Mexico)

A

proposed

settlement has been reached in

the above-entitled class action

lawsuit. The

$awsuit

alleges that from approximately July 22,2021, to August 3

,2021 ,

and

from

December 22,2020,1o July 15,2021, Defendants

experiencedaData

Incident

in which Defendants'

computer systems were infiltrated by unauthorized individuals

and the

personal

health

information

and

personally

identifiable information

(collectively

"Personal

Information")

of

patients

was

potentially

compromised.

Defendants

deny

all

liability

but

have

entered into a

proposed

Settlement.

Records

indicate

you

are

included.

Settlement

Benefits. If

you

do not

opt out of the settlement,

you

may be entitled to

receive

settlement

benefits

by submitting

a Claim Form

no later

than

[DATE],

which

you

can

obtain online at

[www.SettlementWebsite.com]

or by calling 833-462-3506.

If eligible,

you

may

submit a claim for three

years

of free credit monitoring

and

identity

theft

protection

services

(including

$1,000,000

in identity theft insurance), and

you

may

submit a claim for Lost Time

($20lper

hour, up to 4 hours); Ordinary Losses

(up

to

$400);

and

Extraordinary

Losses

(up

to

$4,000)

you

experienced

Data

Incident. In

addition,

you

may submit a claim for

a

Cash Payment in

an

amount

estimated to be

$80

(subject

to increase

or decrease based on the total Net Settlement

Funds remaining

after

payment

of

all other claim types).

Your

Options. You

can do

nothing

and claim no benefits, submit a Claim Form to

claim benefits,

object to the settlement or any

part

of it, or opt-out

of the Settlement.

If

you

do anything

but opt out,

you

will

give

up the right to sue Defendants on the issues

covered

by the settlement. If

you

opt

out,

you

will retain the

right

to sue, but

you

will

not

be

eligible

to receive any of the benefits

of the settlement.

Detailed

instructions on

how

to make

a claim, object, or opt-out are available online at

[www.SettlementWebsite.com]

or by calling 833-642-3506. Objections or opt-out

requests

must

be

postmarked

no later than

[DATE].

Final

Approval Hearins. The

Court will hold

a

final approval hearing on

[Month]

[Day],

2022, at

[HH]:[MM][a/p.m]

at

[Location].

The Court will

decide at

the hearing

whether the

settlement is fair, reasonable,

and adequate.

The

Court will also consider a

request

for attorneys'fees

of

$1,026,825,

plus

expenses to be

paid

to Class

Counsel

from

the Settlement Fund,

along with a

$2,500

service award to the

Class

Representative.

Need More Information?

Visit

[wrvw.SettlementWebsite.com]

or call 833-642-3506

DocuSign Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

EXHIBIT B

(DETAILED

NOTICE)

DocuSign Envelope ID:

81

A7D9CF-AFCC-4DC9-8D37-1

21

9006E90AC

ANDREONI

V. RADIOLOGY ASSOCIATES

OF ALBUQUERQUE,

P.A. DIBIA

RAA IMAGING; AND

ADVANCED IMAGING, LLC DIBIA HIGH

RESOLUTION, NO. D-20 z-CV

-2022-05463

SECOND DISTRICT

JUDICIAL COURT, NEW ME)ilCO

If

you

were sent a Notice of Data Breach by RadiologyAssociates

of

Albuquerque, P.A.

d/b/a RAA Imaging;

and

Advanced

Imaging, LLC d/b/a High Resolution

you

could

get

benefits from a class action settlement.

A state Court authorized

this

Detailed

Notice. This is not a solicitationfrom a lawyer.

This

is

Notice

of

a

proposed

class action settlement that

provides

benefits to settle claims

relating

to a

Data Incident

that occurred

between approximately July

22,2021to August 3,2021,

and from December

22,2020, to July 15, 2021, in which Defendants'

computer

systems

were

infiltrated

by unauthorized individuals

and the

personal

health information and

personally

identifiable

information

(coilectively

"Personal

Information")

of

patients

was

potentially

compromised. Defendants

deny

all

liability

but have entered

into

a

proposed

settlement.

Under the settlement, Defendants

will

pay

$3,080,475

into a Settlement

Fund,

which after

Court-approved deductions for fees,

expenses, and awards will be used to

provide

the

following

benefits:

a

o The

option to enroll in three

years

of 3-credit-bureau credit monitoring and

identity

theft

protection

services

(including

$1,000,000

in identity theft

insurance),

at no cost to

you.

o Valid claims submitted for

Ordinary

Losses

(up

to

$400.00),

Lost Time

(at

$2Olhour

up to 4 hours),

and

Extraordinary Losses

(up

to

$4,000)

if

you

experienced related

to the

Data

Incident.

o In addition,

you

can

elect to

receive

a Cash

Payment in

an amount estimated

to be

$80

(subject

to increase

or decrease based on the total

Net

Settlement

Funds

remaining after

payment

of all other claim types)

You have

the

right

to do nothing, submit a claim, object to the

settlement

or any

part

of it,

or opt-out

of the settlement. If

you

do not opt out of

the

settlement,

and

final approval is

granted,

you

will release

any claims

you

have relating to the Data Incident as set

forth

in

the Settlement Agreement.

Your

legal rights are

affected, so

please

read this Detailed Notice carefully

Questions?

Call 833-462-3506

or

visit

IWEBS

rTEl Page I

DocuSign Envelope

lD: B1A7D9CF-AFCC-4DC9-8D37-1219006E9oAC

These

rights

and options-and the deadlines

to exercise them-are explained in

this

notice.

Please

be

patient

while the Court decides

whether to approve the settlement. Payments

will be made if the

Court approves the settlement

and after any appeals.

o

a

Sunvrrr.tCunr

To receive

any of the cash benefits or the identity theft

protection

services

available

from

the settlement,

you

must

submit

a claim using the Claim Form,

which

may

be

obtained

online at

[www.SettlementWebsite.coml

or by callin

g

833

-462-

3506. If

you

submit a claim,

you

give

up

the right to bring

a

separate lawsuit

about the same issues, but

you

are eligible to

receive

any of the settlement benefits

to which

you

have

a valid

clairn.

Excr,uon

Younsrr,r

If

you

exclude

yourself

from

the settlement,

you

will

get

no

benefits from

the settlement, but

you

will keep the right to bring

a separate lawsuit about

the same issues at

your

own expense,

if

you

choose.

On.lrcr

If

you

object to the settlement

or any

part

of it,

you

may write to

the

Court about

your

objection. If the settlement is

approved

you

will still

give

up the right

to bring a separate lawsuit about the

same issues,

and

you

will need to submit

a claim to

receive

any

settlement benefits.

Do

NorHn'[c

If

you

do

nothing you

will

give

up the

right

to bring a separate

lawsuit

about

the same issues, and

you

will not be

eligible

to

receive

any benefits of the

settlement.

Youn LEGAL

RTcHTS

AND

OprroNs rN THrs

SnrrlrmrNr:

Questions?

Call833-462-3506

or visit

IWEB

SITE]

Page 2

DocuSign

Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

Wrrnl rJrs No'r'rcl

CoNTATNS

Baslc

INnoRuartoN

l.

Why did I

get

this Notice?

2. What is

the Lawsuit

about?

3. Why is

this a class

action?

4.

Why is

there a settlement?

Wuo

ts IN THE

SnrruueNT. . .

5. How

do I know

if I am

part

of

the settlement?

Tsn

SnTTIEMENT Bnnnprrs-WHAT

You

Grcr..

6.

What does the

settlement

provide?

7. When would I

get

my

payment?

8.

What am I

giving

up to

get

a

payment?

EXCIUoTNc

Younsnln FRoM

THE SETTLEMENT

9. How

do I

get

out

of the settlement?

10.

If I don't

exclude myself,

can I sue later for

the same thing?

I L

If I exclude

myself,

can

I

get

money from

this settlement?

TTTB

LawyERS

REPRESENTING YoU

12. Do

I have a lawyer

in this case?

13.

How

will the lawyers be

paid?

OsJncrrNcrorHE

Sprrr-nueNT

. .

14. How

do I

tell the Court that I

don't

like

the settlement?

15.

What's the difference

between objecting

and excluding?

Tno

Counr's

FrNal AppRovAL

HEARTNG

16.

When

and where will the

Court decide whether

to approve

the

settlement?

17. Do I

have to come

to the hearing?

18.

May I

speak at the hearing?

In You

Do Nort.rnc

. . . .

19. What happens

if I do nothing

at all?

GnrrINc

Monr Innonulrrorv

20.

Are

there more details

about the settlement?

Pncs 4

Pace 5

Pacp

5

Pacs 6

Pacp 7

Pace

8

Pacp

8

Pacs 9

Questions?

Call

833-462-3506 or

visit

[WEBSITE]

Pace

9

Page 3

DocuSign

Envelope

lD: 81A7D9CF-AFCC-4DC9-8D37-i219006E90AC

Blstc INpoRrulrroru

This

notice

has been

posted

to the

Settlement

Website relating

to a class

action brought

against

Defendants

relating

to

aData Incident

that occurred

between

approximately

July 22,2021

to

August

3,2021,

and

from

December

22,2020,

to July 15,2021,

in which Defendants'computer

systems

were infiltrated

by

unauthorized individuals

and

the

personal

health information

and

personally

identifiable

information

of

patients

was

potentially

compromised.

The

Court

approved

this

Detailed

Notice

because

class members

have

a right

to

know

about the

proposed

class

action settlement,

and about

their

options,

before the

Court decides

whether

to

approve

the

settlement.

This

package

explains

the Lawsuit,

the

settlement,

class members'

legal

rights,

what

benefits

are available,

and how

to

claim those

benefits.

The

Court in

charge

of the

case is

the Second

Judicial District

Court in

the State of New

Mexico,

and

the case

is known

as Andreoni

v. Radiologlt

Associates

of Albuquerqlue,

P.A.

d/b/a RAA

Imaging;

and Advanced

Imaging,

LLC

d/b/a High

Resolution.

The

person

who

sued is called

the

Plaintiff

or

Class Representative

and the companies

he

sued

are called

the

Defendants.

The Lawsuit

claims

that

the Defendants

failed

to

properly

safeguard

the

personally

identifiable

information

that Plaintiff

alleges

was compromised

in the Data

Incident.

Defendants

contend

that

they

acted in

accordance

with

applicable law

and

that they have

no liability

or fault relating

to

the Data

lncident.

In

a class

action lawsuit,

one or more

people

called

"Class

Representatives"

sue

on behalf

of

themselves

and other

people

who have

similar

claims. All

these

people

are

called Settlement

Class

or Settlement

Class Members.

This is

a class

action because

the

Court has

preliminarily

determined

that

the

settlement

meets the legal

requirements

for resolution

of a class

action.

Because

the case is

a

class action,

one court

resolves

the issues

for

everyone in the

Settlement

Class,

except

for those

people

who choose

to exclude

themselves

from the

Settlement

Class.

The

Court did not

decide

in favor

of the Plaintiff

or the Defendants.

Instead, both

sides agreed

to

a settlement.

The Plaintiff

has

the

duty to act in

the best

interests

of the class

as a whole

and, in

l.

Why

did I

get

this notice?

2.

What

is the

Lawsuit

about?

3. Why

is

this a class

acti0n?

4. Why

is there

a settlernent?

Questions?

Call 833

-462-3506

or visit

lwEBSrTEl

Page

4

DocuSign

Envelope lD:

B1A7D9CF-AFCC-4DC9-8D37-1219006E9OAC

this

case, it

is his belief,

as well

as Class

Counsel's

opinion, that

this

settlement is in

the best

interest

of all

Settlement

Class Members

for

at

least

the following

reasons:

There

is

legal

uncertainty

about whether

a

judge

or a

jury

will find

that

Defendants

are legally

responsible,

whether this

case could

proceed

as a

class action if

litigated,

whether Plaintiffwould

be able

to

prove

causation

and damages

at trial,

and whether

any verdict

would withstand

appeal,

which

might

result in

Settlement

Class Members

receiving

no recovery,

or

a substantially

smaller

recovery

than that

being offered

here. Even

if the Plaintiff

were to win

attrial, there is no

assurance

that

the Settlement

Class Members

would

be awarded more

than

the current

settlement

provides,

and

it may

take

years

of litigation

before

any

payments

would

be made. By settling,

the

Settlement

Class Members

will avoid

these

and other risks

and the

delays associated

with

continued

litigation

in

exchange for

access to

guaranteed

benefits now.

While

Defendants

dispute

Plaintiff's

claims,

they have

agreed

to settle

the

Lawsuit

to avoid

the

costs,

distractions,

and risks

of

litigation.

Thus,

even though Defendants

deny that

they did

anything

improper,

they believe

settlement

is in

the best interests

of allthe

Parties. The

Court

will evaluate

the

settlement

to determine

whether

it is fair,

reasonable,

and

adequate before it

approves

the

settlement.

Wso rs rN THE

SrcrrI,s[4BNr

To see

if

you

will

get

money

or other benefits

from

this settlement, you

first

have to

decide if

you

are

a Settlement

Class Member.

If

you

received

a notice

addressed

to

you

regarding

the Data Incident,

then

you

are a Settlement

Class

Member, you

will

be apaftof

the settlement

unless you

exclude yourself.

If

you

are not

sure

whether

you

have

been

properly

included,

you

can

call the number

at the bottom

of this

Detailed

Notice

to check.

Tnn

SaTTIEMENT

BntBn'rrs-WHAT

You GET

The

settlement provides

for

a number

of benefits,

and Settlement

Class Members

can claim

as

many

of

the benefits

to which

they are entitled.

These

benefits

are available

because Defendant

has

agreed

to

pay

$3,080,475

into a Settlement

Fund.

First,

Settlement

Class Members

may

submit

a claim to receive,

at

no

cost,

three

years

of

3-

credit-bureau

credit monitoring

and identity

theft

protection

services

(including

$1,000,000

in

identity

theft insurance).

Second,

Settlement

Class Members

who

suffered

an out-of-pocket

loss

or Lost

Time related

to

the Data

Incident

may

submit a claim

for a

cash reimbursement.

Defendants

will

pay

valid

5. How

do I know

if I

ant

part

of

the settlement?

6. What

cloes

the

settlement

provide

and

how

can I claim

benefits?

Questions?

Call

833-462-3506

or visit

Page 5

DocuSign

Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

claims

for Ordinary

Losses

(up

to

$400.00),

Lost Time

(at

$2Olhour

up to

4 hours),

and

Extraordinary

Losses

(up

to

$4,000.00)

that a Settlement

Class Member

experienced fairly

traceable

to the Data

Incident. These

categories are

explained in detail on

the

Claim

Form.

In

addition,

you

may

elect to receive a Cash Payment

estimated

to be

$80

(subject

to increase

or

decrease

based

on the total Net Settlement Funds

remaining

after

payment

of all other claim

types).

The

Cash Payment

will be calculated as

each claimant's

pro

rata

amount of the monies

left in

the Net

Settlement Fund

after deducting

the costs for

paying

for

the credit monitoring

described

above

and

paying

valid

claims for Ordinary Losses,

Extraordinary Losses,

and Lost

Time.

To receive

any

of the cash benefits or

the identity

theft

protection

services

available from the

settlement, you

must submit

a claim using the Claim Form,

which may

be obtained online at

[www.SettlementWebsite.coml

or by

cal

I in

g

833 -462-3 5 0

6.

The

Court

will hold

a

hearing

on

[Month]

[Day],

202_,to

decide whether to approve

the

settlement. If

the Court

approves the settlernent,

there may

be a

period

when appeals can

be

filed.

Once

any appeals

are resolved

or

if no

appeals

are filed, it will be

possible

to distribute the funds.

This may

take

several months

and

perhaps

more

than ayear.

Unless

you

exclude

yourself,

you

are

staying in the

Settlement Class, and that means

you

cannot

sue, continue

to sue,

or be

part

of any

other lawsuit against Defendants

relating

to the

legal

claims

in this

case.

It

also means

that all of

the Court's orders will

apply to

you.

Once the

settlement

is final,

your

claims relating

to this

case will be released.

Excluorxc

YouRsu-r

FRoM THE SETTLEMENT

If

you

do not

want a

payment

frorn

this settlement

or the other benefits

described here, but

you

want

to keep

the right

to sue or continue

to sue the Defendants

on

your

own about

the

legal

issues

in this

case,

then

you

must take steps

to

get

out. This is

called excluding

yourself----or

is

sometimes

referred

to as

"opting out" of the

settlement.

To

exclude yourself

from this settlement,

you

must

send a letter by mail

saying that

you

want

to

opt-out or

be excluded from

Andreoni v. Radiologt

Associates

of Albuquerque, P.A.

d/b/a RAA

Imaging;

and Advanced Imaging,

LLC d/b/a High

Resolution. The

letter must include your

name,

address,

telephone number,

and

your

signature. You must

mail

your

exclusion

request

postmarked

no later

than

[PARTIES

TO

PROVIDE DATE]

to:

7. When

would I

get

rny

benefits?

8. What

arn I

giving

up to

get

a

payment?

9. How

do I

get

out of the

settlement?

Questions

? Call

833

-462-3

5 0 6

or visit

[wEB

SITEI

Page

6

DocuSign

Envelope

lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

RAA

Imaging

Settlement

c/o

Kroll Settlement

Administration

P.O. Box 225391

New

York,

NY 10150-5391You

cannot

exclude

yourself

on

the

phone

or by e-mail.

If

you

ask

to

be excluded, you

will not

get

any settlement

benefits,

and

you

cannot

object to the

settlement.

You will

not be legally

bound

by anything

that

happens

in

this lawsuit.

No. Unless you

exclude

yourself,

you

give

up the right

to sue the Defendants

for the claims

resolved

by this

settlement. If

the settlement is

finally

approved,

you

will be

permanently

enjoined

and barred from

initiating

or continuing

any lawsuit

or other

proceeding

against

Defendants

about the issues

in

this Lawsuit. Remember

that the exclusion

deadline is

[PARTIES

TO

PROVTDE

DATEI.

No. If you

exclude

yourself,

you

are not

eligible for

any money

or other benefits from

this

settlement.

Tuo LawyERS

REPRESENTTNG

You

The

Court

appointed

the law firms

of Osten

& Harrison,

PLC;

Stranch, Jennings

& Garvey,

PLLC;

Turke

& Strauss, LLP;

and

Cohen & Malad,

LLP

to

represent you

and

other Class

Members.

Together,

the lawyers

are called Class

Counsel.

You will not be charged

for these

lawyers.

If

you

want to

be represented

by

your

own lawyer, you

may hire one at

your

own

expense.

Class

Counsel

will ask the

Court for attorneys'

fees

of up to

$1,026,825.00,

plus

reasonable

expenses,

to be

paid

from

the Settlement

Fund,

along with

a service

award to the Class

Representative

of

$2,500.

Os.IncrtNc ro

rHE SnttlnrvrnNr

You

can tell

the Court

that

you

don't

agree

with the settlement

or some

part

of

it.

10.

lf

I don't

exclude myself,

can I

sue later for

the same

thing?

I l.

lf I

exclude myself,

can I

get

money from

this settlement?

12.

Do I

have a lawyer

in this

case?

13.

How

r,vill

the lawyers

be

paid?

14.

How

do I

tell the Court

that I

don't

like

the settlement?

Questions?

Call

833-462-3 506

or visit

IWEBSITEI

Page 7

DocuSign Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

If

you're

a Settlement Class

Member,

you

can object to the settlement

if

you

don't like

any

part

of it. To object,

you

must

send a

letter

to

the

Settlement

Administrator saying

that

you

object to

the settlement, or

part

of

it, in Andreoni v. Radiolog,, Associates of Albuquerque,

P.A.

d/b/a

RAA

Imaging;

and

Advanced Imaging, LLC

d/b/a

High Resolution. To have

your

objection considered

by the Court,

you

also must

file

your

objection with the

Clerk

of the

Court

(identified

below).

You must

state the reasons for

your

objection and include any evidence, briefs,

motions

or

other

materials

you

intend to offer in support of the objection. You must include

your

name, address,

telephone

number,

your

signature, and the reasons

you

object to the settlement, along

with any

materials in

support of

your

arguments. If

you

intend to appear at the final approval

hearing

either

yourself

or

by a

lawyer,

you

must

also state

your

intention

to appear.

You must mail the

objection to

the SettlementAdministrator at the

following

address

no later than

[PARTIES

TO

PROVIDE

DATE]:

RAA Imaging Settlement

c/o Kroll Settlement Administration

P.O. Box 225391

NewYork,

NY

10150-5391

[Court

info]

Objecting is simply telling

the

Court

that

you

don't like

something

about the settlement.

You

can

object

only

if

you

stay

in

the settlement.

Excluding

yourself

is

telling the

Court that

you

don't

want

to be

part

of the settlement. If

you

exclude

yourself, you

have no basis to object

because

this case no longer

affects

you.

THe CouRT's F rNrlL AppRovAL HEARTNG

The Court will hold

a hearing to decide whether to approve the settlement.

You do not need to

attend, but

you

are welcome to do so,

if

you

choose.

The

Court will hold a Final Approval Hearing at

[PARTIES

TO PROVIDE

TIME] on

[PARTIES

TO PROVIDE DATE] at

[address

of the court]

(or

by telephonic or

videoconference, if necessary

please

check the Settlement Website for updates on the

hearing).

At this hearing,

the Court will consider

whether

the sefflement

is fair, reasonable, and adequate

If

there are objections, the Court will consider them. The Court will listen to

people

who

have

asked to speak

at the

hearing

and complied with

question

l8 of this Detailed Notice. The Court

may

also decide how much

to

pay

Class Counsel and the Plaintiff. After the hearing, the Court

will decide

whether to approve the settlement. We do not

know how long these decisions will

take.

15.

What's the diff-erence

between ob.iecting and excluding?

16. When

and where r,vill the Court decide whether to approve the settlement?

Questions?

Call 833

-462-3

5 0

6 or

visit

[WEBSITE]

Page 8

17. Do

I have

to corne

to the

hearing?

DocuSign Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

No. You are

welcome to come

at

your

own expense

if

you

wish, but Class Counsel will

answer

questions

the

Court

may

have. If

you

send

an objection,

you

don't

have

to come to Court to talk

about it,

unless

you

want to. As long as

you

mailed

your

written objection

on time, the Court will

consider it. You

may also

pay your

own lawyer to

attend, but it's not necessary

unless

you

want

to.

You

may ask

the Court for

permission

to speak at

the

FinalApproval

Hearing along with

your

objection

as set forth inparagraph l4

above.

InYou

Do NorHrnc

If

you

do nothing,

you

will be a

parl

of

this settlement,

but

you

must

submit a claim to receive

any

benefits. You

won't be able

to start a lawsuit, continue

with a lawsuit, or be

part

of any other

lawsuit

against

the Defendants

relating to

the claims brought in this case.

GBrrtNc Monp

INpoRnIarIoN

This Detailed

Notice

summarizes

the

proposed

settlement. More details are in

the Settlement

Agreement

on

file with the Court

and available

on the Settlement Website

at

IINSERT].

You

can

also calltoll

free

833-462-3506.

18. May I

speak at

the

hearing?

19.

What happens

if I do notlring

at all?

20.

Are there

more

details about the settlement?

Questions

? Call

833 -462-3

5

0 6 or

visit

[WEB

S ITE]

Page

9

DoeuSign Envelope

lD: SIA7D9CF-AFCC-4DC9-8D37-121

9006E90Ae

EXHIBIT

C

(cr,alM

FORM)

DocuSign

Envelope

lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

Andreoni

v. Radiology

Associates

of Albuquerque,

P.A.

d/b/a RAA Imoging;

and

Advanced

Imaging,

LLC

d/b/a High Resolution

Case No:

D-202-CV-2022-054G3

Second

JudicialDistrict

Court, New

Mexico

CI,A

F'ORM

This

claim

form

should

be filled

out online

or submitted

by mail

if

you

are an individual

who

was notified

of the Data

Incident

by letter

from RadiologyAssociates

ofAlbuquerque, P.A.

dlbla

RAA

Imaging;

and Advanced

Imaging,

LLC

dlbla High Resolution,

and

you

wish

to sign

up

for

credit monitoring

and identity protection

services, had

out-of-pocket

expenses

or

Lost

Time

spent

dealing

with

the Data Incident,

or wish to receive

a

Cash Payment. You

may

get

a check if

you

fill

out

this Claim

Form, if

the settlement

is

approvedo

and if

you

are

found

to

be eligible for

a

payment.

The

settlement

Notice

describes

your

legal rights

and

options. Please

visit the

official settlement

administration

website,

[Insert

Settlement

Website

URL], or

call 833-462-3506

for more

information.

If

you

wish

to submit

a claim for

a Cash Payment, you

need

to

provide

the

information

requested

below. Please print

clearly

in blue

or black ink.

This

Claim Form

must

be mailed and

postmarked

by

[DATEI.

Alternatively, you

may

submit a

claim using

the online form

located

on the

Settlement

Website listed

above.

TO RECEIVE

BENEFITS

FROM

THIS

SETTLEMENI

YOU

MUST PROVIDE

ALL

OF THE

REQUIRED

INFORMATION

BELOW

AND

YOU MUST

SIGN

THIS CLAIM

FORM. THIS

CLAIM

FORM

SHOULD

ONLY BE

USED IF A

CLAIM IS

BEING

MAILED IN AND

IS

NOT BEING

FILED

ONLINE.

RAA

Imaging

Settlement

c/o Kroll

Settlement

Administration

P.O.

Box

225391

New

York,

NY 10150-5391

ALL

CLAIM

FORMS

MUST BE

SUBMITTED

NOT LATER THAN

lDArEl

DocuSign Envelope

lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

1.

Settlement

Class

Member Information.

Firct Name

2.

Identitv

Theft

Protections

Services.

E Three vears of ldenfifv

Theft Protection Services

Check

the box

above if

you

wish

to receive

three

years

of credit

monitoring

and identity

theft

protection

services

(including

$1,000,000

in

identity

theft insurance)

at no

cost to

you.

If

your

claim is

approved

you

will

receive

an activation

for the

service by mail

or email,

along with

instructions

on how

to

activate the

service. If

you

select

this benefit,

you

may also

claim

reimbursement

for

Ordinary

Losses,

Extraordinary

Losses,

and Lost

Time.

3. Payment

of Ordinarv

Losses.

Extraordinarv

Losses.

and Lost Time.

Please

provide

as much

information

as

you

can

to help

us figure out if you

are entitled

to a Cash

Payment.

PLEASE

PROVIDE

THE

INFORMATION

LISTED

BELOW:

Check

the

box for

each

category of out-of-pocket

expenses

or Lost Time

that

you

incurred

as

a

result

of

the Data Incident.

Please

be

sure to fill in

the total

amount

you

are claiming for

each

category

and

to attach

documentation

as

described

(if you provide

account

statements as

part

of

proof

for

any

part

of

your

claim,

you

may

mark

out any unrelated

transactions

if

you

wish).

E

Lost Time

attributable

to the Data

Incident

Settlement

Class Members

may

make

a claim for

self-certified

time

spent related to

the effects

or

potential

effects

of the Data

Incident.

Each

Settlement

Class Member

may

claim up to

$80

of lost

time

(calculated

at

$20lhour,

up to 4 hours)

by simply

attesting

to the fact

that they expended

such time

and describing

how the

time was

spent.

Last Naure

Suftlx

Box

(include

Address;

State

Cument

Mid

I

hritiel

DocuSign Envelope

lD: 8147DgCF-AFCC-4DC9-8D37-1219006E90AC

I

spent

this many hours

of time related

to the Data Incident:

minutes).

round

to the nearest 0.1

(6

Briefly

describe how

you

spent that

time in the

space below:

E

Ordinarv Losses

fairlv

traceable

to the Data Incident

Settlement

Class Members

may make

a claim for

documented

Ordinary Losses related

to the

Data Incident,

up to a maximum

amount

of

$400.00.

"Ordinary

Losses'o

means

the

following

out-of-pocket

expenses fairly

traceable to the Data

Incident: (i)

bank fees, long

distance

phone

charges,

cell

phone

charges

(only

ifcharged

by the

minute),

data

charges

(only

if charged

based on

the amount

of data used), miscellaneous

qualified

expenses

subject

to explanation,

such as

postage,

notary, fax, copying,

mileage, and/or

gasoline

for

localtravel;

and

(ii)

fees

for credit reports,

credit monitoring,

andlor other identity

theft insurance product

purchased

between

the date

of the Data Incident

and

[the

Deadline

to

Submit

Claimsl.

Total

amount

claimed

for this

category:

$

maxlmum

$40o.oo)

Please

describe

the categories

of Ordinary Losses you

are claiming, and

be sure to attach all

documentation you

have relating

to

these expenses:

E

Extraordinary

Losses fairlv

traceable

to the Data Incident

Settlement

Class Members

may make

a claim for

documented

Extraordinary Losses

related to

the Data

Incident,

up

to a maximum

amount

of

$4,000.00.

"Extraordinary

Losses"

means unreimbursed

costs or expenditures

(other

than

Ordinary Losses)

incurred

and

fairly traceable

to the Data

Incident. Extraordinary

Losses

include,

without

Iimitation,

the unreimbursed

costs,

expenses,

losses or charges

incurred

a

result

of identity

theft

or identity

fraud,

falsified

tax returns,

or other

possible

misuse

of information

compromised in

the

Data Incident,

and including

accountant's

fees related

to any credit freezes.

DocuSign Envelope lD:

81A7D9CF-AFCC-4DC9-8D37-12'19006E9OAC

Total

amount

claimed for this category:

$

(maximum

$4,000.00)

Please describe

the categories

of Extraordinary Losses

you

are claiming, and be

sure to attach all

documentation

you

have relating

to these expenses:

You must

represent

under

penalty

of

perjury

that the losses relating

to the claim are true and

accurate.

I

declare

under

penalty

of

perjury

that the information

supplied for Extraordinary Losses is

true

and correct

to the best

of my recollection.

Signature

Printed

Name Date

4.

Cash Pavment.

E Cash Payment.

Check the

box above if

you

wish to receive a Cash Payment

estimated to be

$80

(subject

to

increase

or decrease based

on the total Net

Settlement Funds remaining

after

payment

of all other

claim types).

This

payment

will be calculated

as

your pro

rata amount of the Net Settlement Fund

that remains

after

all

payments

for credit monitoring

and for

valid

Ordinary Losses,

Extraordinary

Losses,

and Lost Time, based

on the number of

people

who submit a valid claim

for

any of

the benefits of

this settlement. If

you

submit

a valid claim for a different benefit,

you

will also automatically

receive

a Cash Payment.

5.

Sign and Date Your

Claim Form.

Signature

Printed

Name Date

6.

Reminder

Checklist.

.

Keep

copies

of the completed Claim Form

and documentation for

your

own records

DocuSign

Envetope

tD:

81A7D9CF-AFCC-4DC9_8D37-1219006E9oAC

a

If your

address

changes

or

you

need

to

make

a

correction

to the

address

on

this

Claim

Form,

please

visit

the

Settlement

website

at

[insert

Setdement

Website

URL]

and

complete

the

Update

Contact

Information

foim

or

send

written

notification

oryou.

n.r"

address'

Make

sure

to

include

your

Settlement

Claim

ID

and your

phone

nu-b".

in

case

we

need

to contact

you

in

order

to

complete

your

request.

Please

do

not provide

any

sensitive

documents

that

may

contain

personal

Information

via

email

to

the

settlementAdministrator.

If

you

need

to

supplement

your

claim

submission

with

additional

documentation,

please

visit

the

Settlement

website

at

[insert

setflement

Website

URLI

and

provide

these

documents

by

completing

the

secure

Contact

form

or

Dy

matl.

For

more

information,

please

visit

the

Settlement

Website

at

[insert

Setflement

Website

URLI,

or

call

the

Settlement

Administrator

at833-462-3506.

please

do

not

call

the

court

or

the

Clerk

of

the

Court

for

additional

information.

DocuSign Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

EXHIBIT

D

(PRELIMINARY

APPROVAL

oRDER)

E

!

:

DocuSign

Envelope

lD: B1A7D9CF-AFCC-4DC9-8D37-1219006E90AC

STATE

OF NEW

MEXICO

COUNTY

OF BERNALILLO

SECOND

JUDICIAL DISTRICT

DAVID

ANDREONI,

individually,

and

on

behalf of

all others

similarly situated,

Plaintiff,

V

Case No.

D

-202-CV -2022-05463

RADIOLOGY

ASSOCIATES

OF

ALBUQUERQUE,

P.A.,

dtbla

RAA

IMAGING,

ADVANCED

IMAGING,

LLC

d,lbla HIGH

RESOLUTION,

Defendants.

PREI,IMINARY A

PROVAL ORDER

Plaintiff,

David

Andreoni,

and Defendants,

Radiology Associates

of

Albuquerque,

P.A.

d/b/a RAA Imaging;

and Advanced Imaging,

LLC

d/b/a High

Resolution

dlbla

Gifted Healthcare,

have

entered into

a

proposed

Class

Action

Settlement

Agreement

(the

"settlement").

Plaintiff

has moved

the Court to

grant

preliminary

approval

to the

Settlement under

New

Mexico

Rules of Civil Procedure

for

the District

Courts

1-023(E),

to approve

the form

and method for

giving

notice of

the

proposed

Settlement

to

the Settlement

Class, and

to schedule

a

final

approval

hearing

on

the Settlement

after the

deadlines

to object

to, or opt out of,

the Settlement

have

passed.

Defendants

do not oppose

the motion.

ACCORDINGLY,

IT IS HEREBY

ORDERED:

1.

Terms

capitalized herein

and not

otherwise

defined

shall have the

meanings

ascribed

to them in

the Settlement.

1

DocuSign

Envelope lD: B1A7D9CF-AFCC-4DCS-8D37-1219006E90AC

2- This

Court

has

jurisdiction

over the subject

matter of this lawsuit and

jurisdiction

over the Class

Representative

and

Defendants

in

the above-captioned

case

(the

"Parties").

3. The

Court finds that the Court will likely be able to certifii the

proposed

Settlement Class for

purposes

of

entry of

judgment,

defined as:

AII individuals

whose Personal Information

was

potentially

compromised as a

result

of the

Data

Incident.l

4.

Specifically, the Court finds that the requirements of Rule 1-023 A) and

L-023

(B)(3)

appear to be met

a. The class is

so

numerous

that

joinder

of all members

is

impracticable,

as there

are thousands of class members;

b. There

are

questions

of law or fact common to the class based upon

the claims

raised

in the lawsuit relating to the Data Incident that

predominate

over

questions

affecting

only

individual members;

The

claims of the Class Representative are typical of the claims of

the

Settlement Class as they arise from the Data Incident;

d. The

Class Representative and Class Counsel will fairly and

adequately

protect

the interests of the Settlement Class;

e.

Questions

of law

or

fact

common to the Class Members

predominate

over

any

questions

affecting only individual members and a class

action is superior

to other available methods for fairly and efficiently

adjudicating this lawsuit.

r

"Data Incident" means

the incident from

approximately July 22,202I to

August

3, 202I, and from December 22,

2020, to July L5, 2021, during

which an

unauthorized

third

party gained

access to Defendants'

data systems, resulting in

unauthorized

access to the Plaintiffs and

Class

Members'personally

identifying

information

and other sensitive, non-public

financial information

(collectively,

"Personal

Information").

c

2

DocuSign Envelope lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

5. The Court finds that the terms of the Settlement

are within the

range

of a

fair,

reasonable, and

adequate compromise under the circumstances

of

this case.

Specifically, the Court finds that:

(A)

the Class Representative and Class

Counsel have adequately

represented

the Class;

(B)

the

proposal

was negotiated at arm's

length;

(C)

the relief

provided

for the class appears adequate,

taking

into

account:

(i)

the

costs, risks, and d"elay of trial and appeal;

(ii)

the effectiveness of any

proposed

method of distributing

relief

to the class, including the method of

processing

class-member

claims;

(iii)

the terms of any

proposed

award

of attorney's

fees, including

timing of

payment;

and

(iv)

any agreement

required

to be

identified under Rule

23(eX3);

and

(D)

the

proposal

treats class members equitably

relative to each other.

6. The

Court

therefore

preliminarily

approves the Settlement

and

directs

the

parties

to the Settlement

Agreement to

perform

and

satisfii the

terms and conditions that are triggered by such

preliminary

approval.

o

DocuSign Envelope

lD: 8147DgCF-AFCC-4DC9-8D37-1219006E90AC

6.

The

Court

likewise

approves the form

and method of notice

provided

for

in

the

Settlement

and finds

that

it

complies

with the

applicable rules and

the

requirements

of Due Process. The

Court

appoints Kroll

Settlement Administration

LLC, as Settlement

Administrator

and orders

the Settlement Administrator

and the

Parties

to implement

the

notice

program

set forth in

the Settlement.

7. A final

approval

hearing

(the

"Final

Approval

Hearing")

shall be hetd

before

the undersigned

at

o'clock, on

,

2024, at

or via video or

teleconference,

for

the

purpose

of:

(a)

determining

whether the

Settlement Class

should

be finally

certified for

entry of

judgment

on

the Settlement;

(b)

determining

whether

the Settlement

Agreement

is fair,

reasonable,

and adequate

and should be

finally

approved;

(c)

determining

whether

a Final Approval

Order should

be entered;

and

(d)

considering

Class Counsel's

application

for

an award of attorneys' fees

and

expenses.

The

Court may

adjourn, continue,

and reconvene

the Final Approval

Hearing

pursuant

to oral

announcement

without further

notice

to the Class, and the

Court may

consider

and

grant

final approval

of the Settlement,

with or

without minor

modification

and without further

notice

to the Class.

8.

Members

of the

Settlement

Class shall be

afforded an opportunity

to

request

exclusion

from

the Class. A request

for

exclusion from

the Class must

comply

with

the requirements

for form

and timing

set forth in

the Detailed Notice

included

in

the

Settlement.

Members

of the

Settlement

Class who

submit a timely and

valid

request

for

exclusion

shall not

participate

in

and shall

not be bound by

the

4

DocuSign

Envelope

lD:

B1A7D9CF-AFCC-4DC9-8D37-12.19006E90AC

Settlement.

Members

of the

Settlement

Class

who

do not

timely

and

validly

opt

out

of

the

Class

in

accordance

with

the

Detailed

Notice

shall

be

bound

by

all

determinations

and

judgments

in

the

action

concerning

the

Settlement.

9'

Class

Members

who

have

not

excluded

themselves

shall

be

afforded.

an

opportunity

to

object

to

the

terms

of the

Settlement

Agreement.

Any

objection

must:

comply

with

the

requirements

for

form

and

timing

set forth

in

the

Detailed

Notice

included

in

the Settlement.

If

the

Class

Member

or

his

or

her

Counsel

wishes

to

speak

at

the

Final

Approval

Hearing,

he

or she

comply

with

the

requirements

for

form

and

timing

set

forth

in

the

Detailed

Notice

included

in

the

Settlement.

10'

Any

Class

Member

who

does

not

make

his

or her

objection

known

in

the

manner provided

in

the

Settlement

Agreement

and

Detailed

Notice

shall

be

deemed

to

have

waived

such

objection

and

shall

forever

be

foreclosed

from

making

any

objection

to

the

fairness

or

adequacy

of

the

proposed

Settlement

Agreement.

11'

Any

request

for

intervention

in

this

action

for

purposes

of

commenting

on

or

objecting

to

the

Settlement

Agreement

must

meet

the

requirements

set

forth

above,

including

the

deadline

for

filing

objections,

and

also

must

be

accompanied

by

any

evidence,

briefs,

motions

or other

materials

the

proposed.

intervenor

intends

to

offer

in

support

of the

request

for

intervention.

12'

Any

lawyer

intending

to

appear

at the

Final

Approval

Hearing

must

be

authorized

to

represent

a Class

Member,

must

be

duly

ad.mitted

to

practice

law

before

this

Court,

and

must

file

a

written

appearance.

Copies

of

the

appearance

must

be

served

on

Class

Counsel

and

counsel

for

Defendants.

5

DocuSign

Envelope lD: BlATDOCF-AFCC-4DC9-8D37-'1219006E9oAC

L4.

Class

Counsel shall

file

a

motion

for approval of the attorneys'

fees,

expenses, and service

awards to

be

paid

from

the Settlement Fund, along with any

supporting materials,

on the deadline

provided

in the Settlement.

15. If

the Settlement does not become effective or is rescinded

pursuant

to

the Settlement,

the Settlement and all

proceedings

had in connection therewith shall

be

without

prejudice

to

the

status

quo

ante

rights

of the Class Representative and

Defendants,

and all Orders issued

pursuant

to the Settlement shall be vacated.

t7 . The

Court

retains

jurisdiction

to consider all further applications arising

out of or connected

with the

proposed

Settlement.

SO

ORDERED.

Dated:

Judge, Second Judicial District

New Mexico

6

Docusign Envelope

lD: 81A7D9CF-AFCC-4DC9-8D37-1219006E90AC

EXHIBIT E

(FINALAPPROVAL

ORDER)

DocuSign

Envelope

lD:

B1A7D9CF-AFCC-4DC9-8D37-1219006E9oAC

STATE

OF

NEW

MEXICO

COUNTY

OF

BERNALILLO

SECOND

JUDICIAL

DISTRICT

DAVID

ANDREONI,

individually,

and

on

behalf

of

all

others

similarly

situated,

Plaintiff,

v

Case

No.

D

-202-CV

-2022-05

463

RADIOLOGY

ASSOCIATES

OF

ALBUQUERQUE,

P.A.,

dtbta

RAA

IMAGING,

ADVANCED

IMAGING,

LLC

dtbla

HIGH

RESOLUTION,

Defendants.

FINAL

APPROVAL

ORDER

Plaintiff,

David

Andreoni,

and

Defendants,

Radiology

Associates

of

Albuquerque,

P.A.

d/b/a

RAA

Imaging;

and

Advanced

Imaging,

LLC

d/b/a

High

Resolution

d/b/a

Gifted

Healthcare,

have

entered

into

a

proposed

Class

Action

Settlement

Agreement

(the

"settlement").

The

Court

previously

granted

preliminary

approval

to

the

Settlement,

notice

was issued

to the

Class

Members,

and

the

deadlines

to

opt

out

or object

to the

Settlement

have

now

passed.

Plaintiff

has

moved

the

Court

to

grant

final

approval

to the

Settlement

under

New

Mexico

Rules

of

Civil

Procedure

for

the District

Courts

1-023(E).

Defendants

do not

oppose

the

motion.

ACCORDINGLY,IT

IS

HEREBY

ORDERED:

1.

Terms

capitalized

herein

and not

otherwise

defined

shall

have

the

meanings

ascribed

to them

in

the

Settlement.

1

DocuSign

Envelope lD:

B1A7D9CF-AFCC-4DC9-8D37-1219006E9oAC

2.

This

Court has

jurisdiction

over

the subject

matter of

this lawsuit

and

jurisdiction

over

the

Class Representative

and Defendants

in

the above-captioned.

case

(the

"Parties").

3.

The

Court finds

that

the

proposed

Settlement

Class,

defined

as follows,

meets

the requirements

for

certification

for

purposes

of

entry of

judgment:

All individuals

whose

Personal

lnformation

was

compromised.

as a result

of

the

Data

Incident.2

4.

Specifically,

the Court

finds

that the requirements

of

Rule 23(a)

and

23@XB)

are met:

a. The

class

is so numerous

that

joinder

of all members

is impracticable,

as there

are thousands

of class

members;

b.

There

are

questions

of law

or fact

common

to the class

based upon

the claims

raised

in

the lawsuit

relating

to

the Data Incident

that

predominate

over

questions

affecting

only individual

members;

c.

The

claims

of the

Class Representative

are

typical of

the claims

of

the

Settlement

Class

as they

arise from

the Data

Incident;

d. The

Class

Representative

and

Class

Counsel will

fairly

and

adequately

protect

the

interests

of

the Settlement

Class;

e.

Questions

of law

or fact

common

to the

Class Members

predominate

over any

questions

affecting

only individual

members

and a class

action is

superior

to other

available

methods

for fairly

and

efficiently

adjudicating

this lawsuit.

2

"Data

Incident"

means

he incident

from

approximately

July 22,202L

to

August

3,202I,

and from December

22,2020,

to

JuIy 15,}OZL,

during

which

an

unauthorized

third

party gained

access

to Defendants'

data

systems, resulting

in

unauthorized

access

to the Plaintiffs

and Class

Members'personally

identifuing

information

and other

sensitive, non-public

financial

information

(collectively,

"Personal

Information").

2

DocuSign Envelope lD:

B1A7D9CF-AFCC-4DC9-8D37-1219006E9oAC

5. The

Court

therefore certifies the

Settlement Class,

appoints Plaintiff as

the Class

Representative, and appoints Osteen & Harrison, PLC; Cohen & Malad,

LLP; Stranch,

Jennings & Garvey, PLLC; and Turke

& Strauss,

LLP as Class

Counsel.

6. The

Court

finds

that

notice

of the

proposed

Settlement was

provided

to

the Settlement

Class and that the notice met

the

requirements

of

Rule 1-023 and Due

Process.

7. The

Court finds that the terms of the Settlement

represent

a

fair,

reasonable,

and adequate compromise under

the circumstances

of this case.

Specifically, the

Court

finds

that:

(A)

the

Class Representative and Class Counsel have adequately

represented

the Class;

(B)

the

proposal

was negotiated at arm's length;

(C)

the

relief

provided

for the class appears adequate, taking into account:

(i)

the costs, risks,

and

delay

of trial and appeal;

(ii)

the effectiveness of any

proposed

method

of distributing

relief to the

class,

including

the method of

processing

class-member claims;

(iii)

the terms of any

proposed

award of attorney's fees, including timing

of

payment;

and

(iv)

any agreement required to

be

identified under

Rule

23(e)(3);

and

(D)

the

proposal

treats class members equitably relative to each other.

.-t

Docusign Envelope lD:

B1A7D9CF-AFCC-4DC9-8D37-1219006E90AC

8. The Court

therefore

grants

final

approval to the

Settlement

and

directs

the

parties

to

the Settlement Agreement

to

perform

and

satisfu the terms and

conditions

that

are triggered

by such

final

approval.

Specifically, the Court

approves

the

plan

for

payment

of

the Net Settlement Fund, including

payment

of any

uncollected

funds to

the cy

pres

recipient

as set forth in

the Settlement.

9.

Upon the occurrence

of the Effective Date,

the Class Representative and

the Class Members

release

and forever

discharge Defendants and its insurers,

and

including

but not limited

to their current

and former officers,

directors, employees,

attorneys

and

agents from

aII

known

and unknown

claims, demands, damages,

causes

of action or

suits seeking

damages, or

other

legal

or equitable relief arising

out

of or in

any way related

to the claims asserted

or which could have been asserted

in

the Lawsuit

relating

to the Data Incident.

10.

Upon

the occuruence

of the

Effective

Date, Defendants release

all claims

ofany kind

or nature

that have

been or could have

been asserted against the Class

Representative

or Class Counsel relating

to the claims

in this

lawsuit,

or the filing or

prosecution

of any lawsuit

relating

to such claims.

11. This

Order is a final

judgment

because it

disposes of all claims against

all

parties

to this lawsuit.

THERE

BEING NO

JUST REASON FOR

DELAY, LET JUDGMENT BE

ENTERED

ACCORDINGLY.

Judge, Second Judicial District

New Mexico

4

Dated: