IN WRITING AND DIRECTED TO THE COURT, THE
ADMINISTRATORS, CLASS COUNSEL, AND THE DEFENDANTS' COUNSEL.
7.4
THE ADMINISTRATORS AND, IF NECESSARY, THE
ADMINISTRATORS' CONTRACTORS, SHALL IN ANY EVENT REMAIN AVAILABLE AND ENGAGED TO
RESPOND TO INQUIRIES FROM MEMBERS OF THE PLAINTIFF
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CLASS REGARDING THEIR CLAIMS OR ANY OTHER ASPECT OF THIS AGREEMENT FOR SIX
MONTHS AFTER THE NET SETTLEMENT FUND IS DISTRIBUTED TO AUTHORIZED CLAIMANTS.
7.5
THE PARTIES MAY APPLY TO THE COURT TO ALTER
OR AMEND THE SETTLEMENT ADMINISTRATION TERMS OF THIS AGREEMENT AT ANY TIME, OR
FROM TIME TO TIME, PROVIDED, HOWEVER, THAT NO SUCH AMENDMENT OR MODIFICATION
SHALL IN ANY WAY AFFECT:
(A) THE PURPOSES OF THE SETTLEMENT FUND; (B) THE
COURT'S JURISDICTION OVER THE PARTIES; (C) THE POWERS, DUTIES, AND LIABILITIES
OF THE ADMINISTRATORS UNDER THIS ORDER; (D) THE TOTAL AMOUNT OF MONEY THE
DEFENDANTS ARE REQUIRED TO PAY INTO THE FUND; OR (E) ANY MATERIAL TERM OF THE
AGREEMENT.
8.
STRUCTURAL CHANGES TO THE PLANS
8.1
SUBJECT TO THE REQUIREMENTS OF THE
COLLECTIVE BARGAINING AGREEMENTS IN PLACE BETWEEN XCEL AND ITS WORK FORCE, XCEL
WILL UNDERTAKE TO AMEND THE PLANS TO PROVIDE THAT EACH PARTICIPANT WHO HAS AT
LEAST FIVE YEARS OF SERVICE SHALL HAVE THE RIGHT TO DIRECT THE INVESTMENT OF HIS
OR HER ESOP ACCOUNTS, AS SUCH TERM IS DEFINED IN THE PLANS, IN THE SAME MANNER
AND AMONG THE SAME INVESTMENT ALTERNATIVES AS ARE AVAILABLE FOR THE INVESTMENT
OF EMPLOYEE CONTRIBUTIONS TO THE PLANS.
9.
SUBMISSION TO JURISDICTION OF COURT
9.1
EACH AND EVERY MEMBER OF THE SETTLEMENT
CLASS AND EACH AND EVERY DEFENDANT SUBMITS TO THE JURISDICTION OF THE COURT AND
WILL BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY
AND ALL RELEASES, CONDITIONED ON THE FINAL APPROVAL OF THE SETTLEMENT AND
SUBJECT TO THEIR RIGHT TO OBJECT, AS WELL AS ANY OTHER ORDER OF THE COURT
INCLUDING, WITHOUT LIMITATION, THE ORDER AND FINAL JUDGMENT BARRING FURTHER
LITIGATION AGAINST ANY OF THE RELEASED PERSONS ON THE RELEASED CLAIMS.
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9.2
EACH CLAIMANT SPECIFICALLY AND PERSONALLY
SUBMITS TO THE JURISDICTION OF THE COURT.
ANY AND ALL DISPUTES RELATING TO
CLAIMS THAT ARE NOT SATISFACTORILY RESOLVED BY THE ADMINISTRATORS SHALL BE
SUBMITTED TO THE COURT FOR FINAL RESOLUTION.
10.
NOTICE TO MEMBERS OF THE SETTLEMENT CLASS
10.1
THE ADMINISTRATORS SHALL SEND THE INDIVIDUAL
NOTICE BY FIRST-CLASS MAIL, POSTAGE PREPAID, TO THE ADDRESS OF EACH MEMBER OF
THE SETTLEMENT CLASS AT THE ADDRESS PROVIDED BY THE DEFENDANTS, OR SUCH OTHER
ADDRESSES AS PLAINTIFFS' COUNSEL HAS AVAILABLE, WITHIN THIRTY (30) DAYS AFTER
ENTRY OF THE PRELIMINARY APPROVAL ORDER.
THE ADMINISTRATORS ALSO SHALL CAUSE
THE PUBLICATION NOTICE, WHICH SHALL BE AN ABBREVIATED FORM OF THE NOTICE THAT
ADEQUATELY INFORMS THE SETTLEMENT CLASS OF THE DETAILS OF THE SETTLEMENT AND
THEIR RIGHT TO OBJECT THERETO, TO BE PUBLISHED IN THE MINNEAPOLIS STAR-TRIBUNE,
THE ST. PAUL PIONEER PRESS, AND USA TODAY OR SOME OTHER NATIONAL PUBLICATION
MUTUALLY AGREED UPON BY CLASS COUNSEL AND DEFENDANTS' COUNSEL.
THE COSTS AND
EXPENSES ASSOCIATED WITH