Loading...
HomeMy WebLinkAboutRes-2021-147BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESoLUilON No. 2021- I +7 A RESOLUTION AUTHORIZING KITTITAS COUNTY SHERIFF'S OFFICE TO SUBMIT INDIVIDUAL RELEASE OF CLAIMS REGARDING DAIMLER AG AND MERCEDES- BENZ, USA, LLC EMISSION CAMPAIGN 2O2OO4OOO2 WHEREAS, The Kittitas County Sheriffs Office had previously received the donation of a mobile command post; and WHEREAS, this vehicle was among those covered in a recall and class action lawsuit pertaining to emissions equipment as described in the documents attached hereto and incorporated by reference; and WHEREAS, the Kittitas County Sheriff's Office desires to participate in the Class Action Settlement in reference to the above vehicle including the refund described in the attached documents; and NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, thE Sheriff is authorized to sign all necessary forms, papenruork, and releases to obtain the settlement heretofore described. These funds shall be deposited into the Sheriffs Budget, miscellaneous rebate account (current account is 3036190). ADOPTED this &l sf 2021 BOARD OF COU ISSIONERS HINGTON ',illllll llll// coMM/.q an Vi mt oner APP D AS TO FORM 4'zt-t'Y1 Deputy Prosecuti iIAiL THE BOARD. ulie A. Kjors RESOLUTION Douglas Mitchel Attorney Dainrler t/ans USA, LLC A [4^] i Ct-.ilr.iS-{JCr'r;- A.(i COrrrp:rny IMPORTANT EMISSION CAMPAIGN 2020040002 This notice applies to your vehicle, VtN: WDyFE8CDOGpl0g4l4 EPA & CARB Approved Emission Modification - OM642 Sprinter EMC fil March 2021 Dear Freightliner Sprinter Owner or Lessee: On March 9, 202L, a settlement was approved between Daimler AG and Mercedes-Benz USA, LLC {"MBUSA") and the United States Department of Justice (DOJl, the Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and the California Attorney General's Office (CA AG), regarding the emission control system in your vehicle. As part of this settlement, we are offering a modification to your emission control system. The emission modification for your vehicle has been approved by the EPA and CARB, and is now ready for installation in your vehicle. Your authorized Freightliner dealer will install the modification at no cost to you. This letter outlines the emission control system modifications that are now available for your Sprinter vehicle and tlic fiirthtr eztenriq'd etnissicrts urarranty coverage that ruil! bc nrovided nnce the modification has been cornplcted t)n 'y'our vehicle. You can also read about the instructions regarding maintenance for your vehicle post-modification. We encourage you to carefully review the information in this letter, and if we can be of further assistance, please let us know. For questions about any of the material in this letter, please visit https ://BlueTecUpdate.freightlinersprinterusa.com or contact 1-833-84 1.-9363. l. Emiseion Modification As described above, yottr authorized Freightliner dealer will install the emission modification that updates the emissions control system software on your vehicle and involves an exchange of the NOx sensors. You should not notice any adverse changes in vehicle reliability, durability, performance, drivability, fuel economy, or other driving characteristics. The modification will change the way your vehicle's engine and emission control syste.ms interact. The emission modification will affect your car in the following ways: o Diesel Exhaust Fluid (DEF) consumption - The emission modification is not expected to change the frequency with which you need to refillyour DEF (also known as AdBlue') tank. However, under certain conditions, your vehicle may use more DEF as compared to prior usage. The exact amount of the change will vary depending on driving style and profile, as well as other factors. r On-board diagnostic {OBD} system changes - The operation of your vehicle's OBD system will be modified based upon the agreement with EPA and CARB. We do not anticipate that the modification will affect the OBD system in a manner that would make identification and repair of any components difficult, compromise warranty coverage, or compromise your vehicle's ability to comply with the Daimler Vans tJ[iA, t.L.C {ir!e Met?i+rl.ls'i:d'lz i/t $arriiy $1:rings, (jA 3C3:8 120f ,ffi r An emission modification is available for your vehicle. o Schedule an appointment with your authorized Freightliner dealer as soon as possible. o This modification will be provided free of charge. anspection and maintenance (Smog Check) test of your vehicle. Furthermore, the extended warranty coverage outlined in this letter offers additional protection for any corresponding OBD-related issues. These changes should not be noticeable to you and do not have any impact upon driving characteristics. The emission modification is available at no cost to you. lt will take approximately 1.5 hours to install the emission modification. As a matter of normal service process, an authorized Freightliner dealer will also check for other repair measures which might be applicable to your vehicle; this may increase the required working time. You will not be charged for other service or repairs unless you request them. More information regarding the technical details of this update can be found at https://Blu eTecU pdate.freightli nersprinterusa.com. ll. Emission Standards /Label Your vehicle was originally certified to EPA and CARB emission standards, and it will meet these standards after modification. An emission modification completion confirmation label will be installed under the hood of the vehicle after the modification is completed. lll. Ghanges in Maintenance Schedule The emission modification of your Freightliner Sprinter van does not affect the recommended vehicle maintenance schedule for oil change intervals as described in your maintenance booklet. Under certain operating conditions, your vehicle's DEF usage may increase. The frequency with which you refill your DEF tank should not change. lV. Scheduling the Emission Modification You will receive the emission modification at no cost to you. Vehicles receiving the emission modification will also receive an extended emissions warranty covering the emissions system of the modified vehicle, which includes a remedy to protect against the possibility that the modification causes subsequent service problems. To receive the emission modification described in this letter, please schedule an appointment with your preferred authorized Freightliner dealership. To locate additional authorized dealers please see https://www.freightlinersprinterusa.com/freightliner/shopping-tools/find-a-dealer For rnore information about the emission modification (including when and how to visit a dealer), or to check eligibility, please visit https://BlueTecUpdate.freightlinersprinterusa.com. V. Extended Modification Warranty Coverage Once the emission modification has been installed in your vehicle, Daimler Vans USA, LLC will extend your warranty coverage for certain emissions-related components. 2 Warranty Period: The warranty period for the "Extended Modification Warranty" shall be the greater of: o 10 years from the date of initial sale or l2O,OOO miles on the odometer, whichever occurs first; OR r 4 years or 48,000 miles from the date on which the emission modification was performed, whichever occurs first. The vehicle's date of initial sale (also referred to as the vehicle's warranty start date) is defined as the date the vehicle was delivered to either the first retail purchaser or lessee; or if the vehicle was first placed in service as a "demonstrator" or "company" car, on the date such vehicle was first placed in service. As indicated in the list below, some emission-retated components have an additionatextended warranty period. The additional extended warranty is added to the applicable Extended Modification Warranty period above. Ports Covered llnder Extended Warrdnty: The Extended Modification Warranty covers the emission control system, including (1) all components which are replaced as part of the emission modification, and (2) any component which can reasonably be impacted by effects of the emission modification. The emission control system warranty shall cover the following parts or systems: r Doc (additional extended warranty of 6 months and 6,000 mires), o DPF (additionalextended warranty of 6 months and 6,000 mires), o SCR catalyst (additional extended warranty of 12 months and L2,OOO rniles), r DEF injector, o DEF injector controller, o DEF supply module, r DEF pump (additional extended warranty of 6 months and G,000 miles), r Temperature sensor unit, o Exhaust temperature sensor (additional extended warranty of L2 months and 12,000 miles), r PM sensor, o Lambda sensor for Emission Modification Categories 1-5 (additional extended warranty of 1"2 months and 12,000 miles), o NOx sensors (additional extended warranty of 24 months and 24,OOO miles), o Fuel injectors (additional extended warranty of 5 months and 6,000 miles), o Air intake throttle, r EGR valve (additional extended warranty of 6 months and 6,000 mites), o EGR duct (additional extended warranty of 6 months and 6,000 miles), o EGR cooler (including bypass-controt) (additionalextended warranty of 6 months and 6,000 miles), o lntake manifold/charge air distributor (additional extended warranty of 6 months and G,000 miles), o EGR temperature sensor (additional extended warranty of 6 months and 6,000 miles), o Turbocharger, including VGT actuator, 3 . ECU hardware, where replaced as part of the Approved Emission Modification, o TCU hardware, where replaced as part of the Approved Emission Modification, o HCU hardware, where replaced as part of the Approved Emission Modification, o OBD System: the cost of any OBD Diagnostic Scan for malfunctions that trigger the MlL, regardless of whether the malfunction is attributable to a part that is covered under the Extended Modification Warranty, as well as the cost of troubleshooting to determine the reason for the malfunction, but only if the malfunction is determined to be attributable to a part that is covered under the Extended Modification Warra nty, e Cylinder head assembly components: camshaft, valves, springs, valve'spring keepers, valve seats, cam bearing caps, and manifold studs, r Engine timing chain, o lntake manifold pressure sensor, o lnstrument cluster hardware, where replaced as part of the Approved Emission Modification, and o Coolant thermostat, where replaced as part of the Approved Emission Modification. ln our continuing efforts to assure proper performance of your Freightliner Sprinter van, your authorized Freightliner dealer will diagnose and replace the emissions-related components listed in this section, if necessary, at no cost to you as long as the vehicle remains within the time and mileage limits of this warranty extension. Please keep this letter and deliver it to any new owner, along with the owner's manual. This warranty extension covers the diagnosis and replacement of the emissions-related components listed in this section. Shouid you ever seilthe vehicle, this warranty extension is fully transferable to subsequent owners. This warranty extension will not cover: . Any damage or malfunctions caused by installation of non-EPA or non-CARB certified emissions related parts, including damage or malfunction to parts needed for proper diagnosis of a covered part. o Damage or malfunctions caused by or related to outside influence, such as damage due to an accident, or vehicle misuse or neglect. All existing warranty provisions remain in effect. The extended emissions warranty includes parts and labor. The extended emissions warranty shall not void or supersede any existing warranty. More information about your extended emissions warranty coverage is available at https://BlueTecU pdate.freightlinersprinterusa.com. Transferability: This extended emissions warranty is fully transferable to subsequent owners. Warranty Notices: All normal warranty provisions remain in effect. Vl. Checking Your Vehicle's Eligibility To check your vehicle's eligibility for repair under this service campaign, please visit https://BlueTecUpdate.freightlinersprinterusa.com or call 1-833-841-9363 and provide your Vehicle ldentification Number {VlN}, which for your convenience can be found at the top of this letter. 4 lf your vehicle is eligible, you may schedule an appointment to complete the emission modification quickly and easily directly from https://BlueTecUpdate.freightlinersprinterusa.com or by calling 1-833-841-9363. Vll. Customer Notices lf you choose to decline the emission modification at this time, you should be aware that certain emissions- related replacement and repair parts may at some point no longer be available from Freightliner. Accordingly, in the future, if your unmodified vehicle requires maintenance and repairs of the emissions system, we may need to perform the emission modification first, including, where applicable, installing the engine control unit (ECU) software associated with the emission modification. This may lead to changes to your vehicle's operation resulting from those modifications, as discussed in this letter. lf your vehicle has been modified prior to receiving the emission modification with the use of any after-market emissions-related components, parts, and/or software or the removal of any original emissions-related components, parts, and/or software, and such alterations are likely to substantially affect the operation of the vehicle with the emission modification, or substantially impede installation of the emission modification, your authorized Freightliner dealer may not be able to perform the emission modification until you correct such modification. Please visit https://BlueTecUpdate.freightlinersprinterusa.com with any questions, or contact us at 1-833-841-9363. We hope you are enjoying your Freightliner Sprinter van, and we apologize for any inconvenience Sincerely, Daimler Vans USA, LLC 5 EI a a VIN: WDYFE8CDOGP30841 4 IMPORTANT lf for any reason YOU NO LONGER OWN THIS VEHICLE OR have a CHANGE OF ADDRESS, please COMPTETE THE SECTION BEIOW, place in the ENCLOSED ENVEIOPE, and DROP lN ANY MAIL BOX. lf possible, provide the name and address of the present owner so that we may contact them. tr EXPORTED N LEASE, VEHIcTE RETURNED O SCRAPPED O NEw OWNER INFoRMATIoN O SOLD O srouru Q OTHER O MY NEw NAME OR ADDRESS IS: Last Name, First Name Street Aptr City State ZIP EmailAddress Phone (numbers only)Mobile {numbers only) Date Signature 6 ln re Mercedes-Benz Emissioris Litigation,l6-cv-BB1 (KM) (ESK) lf You Bought or Leased a Mercedes-Benz or Sprinter BlueTEC ll Diesel Vehicle, You May Be Eligible for a CASH PAYMENT from Class Action Settlements United States District Court for the District of New Jersev Unique lD: DV3GSYBZMD ysu,l{usr nAKE.qcrto^J r0 RgcFryF rruFsF SF VEF'TS 1 The "Class Action Settlements" are the separate class settlements with the Mercedes Defendants (the "Mercedes Class Action Settlement") and with the Bosch Defendants (the "Bosch Class Action Settlement"). See mbbluetecsettlement.com for more details. Effi 010&812 GET PArp- 9ASH UNDER THE CLASS ACTION SETTLEMENTS1: Current owners and lessees can get up to $3,590 or more, and former owners and lessees can get up to $897.s0 GET YOU R AG ENCY.APPROVED EMISSION MODIFICATION FREE OF CHARGE TO YOU RECEIVE AN EXTENDED MODIFICATION WARRANTY From a separate settlement with federal and California regulators; these benefits are available even if you do not participate in the Class Action Seillements QUESTIONS? VISlT MBBLUETECSETTLEMENT.COM, OR CALL 1-877 -313.0170 lf you currently own or lease a Mercedes-Benz or Sprinter BlueTEC ll diesel vehicle (see the table below showing the eligible "Subject Vehicles"2) in the United States, including both Mercedes-Benz- and Freightliner-branded Sprinter diesel vehicles, you may be eligible for a cash payment of up to $3,590 ($g,ZgO from the Mercedes Class Action Settlement, and up to $300 from the Bosch Class Action Settlement) if you get an "Approved Emission Modification" (AEM) installed in your vehicle (free of charge to you); or $2,692.50 (once the AEM is installed , $2,467 .50 from the Mercedes Class Action Settlement, and up to $225 from the Bosch Class Action Settlement) if a former owner or lessee submits a Valid Claim for the same vehicle. You may also be eligible for additional payments, depending on the vehicle you own or lease. Former owners and lessees of Mercedes-Benz or Sprinter BlueTEC ll diesel vehicles in the United States may be entitled to up to $897.50 ($Bee.SO from the Mercedes Class Action Settlement, and up to $75 from the Bosch Class Action Settlement). Please visit mbbluetecsettlement.com for more details. Gurrent owners and lessees CIllg! have an AEM installed to receive the cash payments. lnstallation is available free of charge to you and you will receive an Extended Modification Warranty after the installation. AEMs are available now for the Subject Vehicles listed on the enclosed blue sheet. You can also check AEM availability at the settlement website, mbbluetecsettlement.com, where you can access a link to type in your VIN or review a list of all Subject Vehicle models that are ready for the AEM installation. You may also call 1 -877-313-0170 toll-free to find out whether an AEM is available for your Subject Vehicle. As AEMs for other vehicles become available, owners and lessees of those vehicles will receive another mailed notice. Updates regarding the AEMs and the Class Action Settlements can be found at mbbluetecsettlement.com. The settlement website mbbluetecsettlement.com will allow current and former vehicle owners/lessees to register for more information. Registration on the website alone does not constitute a Valid Claim for cash benefits. lf you wish to claim a Class Member Payment, you must submit a Valid Claim by the applicable due date, even if you have registered on the website for updates. Please see below concerning the requirement to submit a Valid Claim to receive cash benefits. You are receiving this notice as a current or former owner or lessee of one of the Subject Vehicles listed below. lf you purchased or leased and Registered a Subject Vehicle in the United States, you may be a Glass Member and eligible for a cash payment, even if you no longer own or lease the Subject Vehicle. 2All capitalized terms not defined in this Notice are defined in the Class Action Settlements, copies of which are available at mbbluetecsettlement.com. WHO IS INCLUDED IN THE PROPOSED SETTLEMENTS? QUESTIONS? VISIT MBBLUETECSETTLEMENT.COM, OR CALL 1-877.313-0170 2 MODEL MODEL YEARS E250 BlueTEC 2AM-2016 E350 BlueTEC 2011-2413 GL320 BlueTEC 2009 G1350 BlueTEC 2010-2016 GLE3OOd 2016 GLE35Od 2A16 GLK250 BlueTEC 2013-2015 M1250 BlueTEC 2015 M1320 BlueTEC 2009 ML350 BlueTEC 2010-2014 R320 BlueTEC 2009 R350 BlueTEC 201A-2012 5350 BlueTEC 2A12-2013 Mercedes-Benz or Freightliner Sprinter (4-cylinder)2AM-2016 Mercedes-Benz or Freightliner Sprinter (6-cylinder)2410-2016 SUBJECT VEHICLES WHAT ARE MY OPTIONS? lf you are a Class Member, you may (1) submit a Valid Claim for payment; (2)do nothing (and get no payment); (3) exclude yourself from the Class ("opt out"); (4) object to the Class Action Settlements; and/or (5) go to a hearing about the fairness of the Class Action Settlements. I lf you do nothing, you will get no payment and you will give up your rights to sue Daimler AG and Mercedes-Benz USA, LLC (the "Mercedes Defendants") and Robert Bosch GmbH and Robert Bosch LLC (the "Bosch Defendants") about any of the claims in this case. lf you exclude yourself ("opt out") from the Class, you will not be a member of the Class and you will not be eligible for a payment under the Class Action Settlements, but you will keep your right to sue against the Mercedes Defendants and Bosch Defendants about the claims in this case, and you can still have the AEM installed in your vehicle. lf you object (i.e., tell the Court what you don't like about one of the settlements or both of them), you will stay in the Class. You must submit a Valid Claim to receive a cash payment, even if you object. lf you object and the Court approves the Class Action Settlements, you will be bound by the settlements and give up your right to sue the Mercedes Defendants and the Bosch Defendants about any of the claims in this case. o QU ESTION S? VISIT MBBLUETEC SETTLEMENT.COM, OR CALL 1 -877 -313.01 70 aJ The postmark deadline for objections and requests for exclusion is May 24,2021. Please see the Long Form Notice at mbbluetecsettlement.com or call 1-877-?13-0170 for complete instructions on how to file a claim, object, or exclude yourself, and other important information. The Court will hold a Fairness Hearing on July 12,2021, at 10:30 a.m. Eastern Time at the United States District Court for the District of New Jersey, located at the Martin Luther King Building & United States Courthouse, 50 Walnut Street, Newark, NJ 07102. At the hearing, the Court will consider whether to approve the Class Action Settlements, payment of attorneys' fees and expenses, payments to Settlement Class Representatives, and related issues. Any attorneys' fees and costs or payments to Settlement Class Representatives will not reduce payments to Class Members under the Mercedes Class Action Settlement. Any fees and costs awarded by the Court to Class Counsel in connection with the Bosch Class Action Settlement will reduce individual payments to Class Members under that settlement by no more than 25o/o. The motions for fees, costs, and incentive awards will be available at mbbluetecsettlement.com after they are filed and before the Fairness Hearing. You may attend the Fairness Hearing, but you are not required to. Current and former owners and lessees may be eligible for cash payments. To claim a cash payment, Class Members must submit a Valid Claim by the deadlines in this Notice. lf you are a current owner or lessee of a Registered Subject Vehicle and have not opted-out from the Class, you can receive a payment by (1) having the AEM installed on your vehicle and (2) submitting a Valid Claim by October 1,2022. Here are the steps to receive a payment: s 1. Once an AEM for your vehicle is available, contact your prefened authorized dealership to schedule an appointment to have the AEM installed. AEMs are free of charge to you. Authorized Mercedes-Benz dealerships can be found at mbusa.com/en/dealers. Authorized Freightliner Sprinter dealerships can be found at freightlinersprinterusa.com/freightliner/shopping-toolsffind-a-dealer. AEMs are available now for the Subject Vehicles listed on the enclosed blue sheet. You can also check AEM availability at mbbluetecsettlement.com. As AEMs for other vehicles become available, owners and lessees of those vehicles will receive anothermailed notice. Please continue to check mbbluetecsettlement.com for updated information. You may also call 1-877-313-0170 toll-free to find out whether an AEM is available for your Subject Vehicle. HOW CAN I GET A PAYMENT? QUESTIONS? VISIT M BBLUETECSETTLEMENT.C OM, OR CALL 1.877.313-01 70 4 a 2. Bring your vehicle to your appointment for installation of the AEM. You must complete the AEM installation before you submit a claim. Make sure to keep your repair order to submit with your claim, as well as receipts for any travel to and from the dealership for the AEM installation. lf your appointment takes three hours or more and you are not offered a loaner vehicle, shutile, or alternative form of transportation, you may be eligible to receive reimbursement up to $35 for travel expenses. 3. Submit a valid Claim Form and all required documents by October 1, 2022 at mbbluetecsettlement.com or by mail (postmarked by October 1,20221to: MB Blue Tec Settlement c/o JND Legal Administration PO Box 91310 Seattle, WA 98111 lf you are a former owner or lessee of a Registered Subject Vehicle, you must submit a Valid Claim by July 12,2021, or by the date the Gourt finally approves the Mercedes Class Action Settlement (if after July 12, 2021r, at mbbluetecsettlement.com or by mail to the address listed directly above. Please visit mbbluetecsettlement.com for updates about the deadline to submit your claim. Check mbbluetecsettlement.com often for information about the date of final Court approval of the Class Action Settlements and other updates. A Claim Form is enclosed in this mailing Visit mbbluetecsettlement.com or call 1-877-313-0170 for more details about the Class Action Settlements, to register for updates, and to learn more about your rights and options. HOW CAN I GET MORE INFORMATION? QUESTIONS? VISIT MBBLUETECSETTLEMENT.COM, OR CALL 1-877-313-0170 5 Ehi;Elffi INDIVIDUAL RELEASE OF CLAIMS Erfi GBD DV3GsYBTMD In re Mercedes-Benz Emissions Litigation Case No. I 6-cv-88 I (D.N.J.) MUST BE COMPLETED BY C.LASS MEMBER PRIORJO RECEIVING ANY CLASS MEMBER PAYMENT In exchange for the Class Member Payment! that Daimler AG and Mercedes-Benz USA, LLC (the'oMercedes Defendants") and Robert Bosch GmbH and Robert Bosch LLC (the "Bosch Defendants") have agreed to provide to me, should the Settlement Administrator determine I am eligible to receive the Class Member Payment under the class action settlement agreements in this case2 ithe "Class Action Agreements"), the sufficiency of which I hereby acknowledge, I, on behalf of myself and my agents, heirs, executors and administrators, successors, assigns, insurers, attorneys (including any of my attorneys who are not Class Counsel), representatives, shareholders, owners associations, and any other legal or natural persons who may claim by, through, or under them, hereby fully, finally, irrevocably, and forever release, waive, discharge, relinquish, settle, and acquit any and all claims, demands, actions, or causes of action, of any kind or nature whatsoever, whether in law or in equity, contractual, quasi-contractual or statutory, known or unknown, direct, indirect or consequential, liquidated or unliquidated, past, present or future, foreseen or unforeseen, developed or undeveloped, contingent or non- contingent, suspected or unsuspected, whether or not concealed or hidden, that I may have, purport to have, or may hereafter have against any Released Party arising out of, in whole or in part, or in any way related to the BlueTEC Diesel Matter, except for claims of personal injury or wrongful death (the "Released Claims," as defined more fully in Section 10.3 of the Class Action Agreements). "BlueTEC Diesel Matter" means allclaims arising from or in any rvay relating to: (l) the design, manufacture, assembly, testing, development, installation, performance, presence, disclosure, or nondisclosure of any auxiliary emission control device ("AECD") (as defined in 40 C.F.R. $ 86.1803-01) ordefeat device (as defined in 40 C.F.R. $ 86.1803-01 or 42 U.S.C. $ 7522(a)(3XB)) in any Subject Vehicle, as that term is defined in the Class Action Agreements; {2) the design, manufacture, assembly, testing, development, installation, or performance of emission control equipment and methods and related hardware or software in Subject Vehicles, including Diesel Exhaust Fluid and associated equipment, Selective Catalytic Reduction systems, electronic control units, and emission- related software programming, coding, and calibrations; (3) overpayment or diminution in value related to the design, manufacture, assembly, testing, development, installation, or I rhe terms "Action," "Class Counsel,n' "class Member Payment," o'court," "Final Approval Order,"'oRelease," "Released Claims," and "settlement Administrator," "Valid Claim," and any other term not specifically defined herein, have the meanings given to them in the Class Action Agreements. A copy of each Class Action Agreement is available at mbbluetecsettlement.com. 2 D.E. 299-2, Ex. A (settlement with Mercedes Defendants); D.E. 306-2, Ex. A (settlement r,vith Bosch Defendants). * iaa4a2 z 2 ) performance of emission control equipment and methods and related hardware or software in Subject Vehicles; (4) the actual or alleged noncompliance of any Subject Vehicle with state or federal environmental or emissions standards; (5) the marketing or advertisement of the emissions or environmental characteristics or performance of any Subject Vehicle, including as clean diesel, clean, low emissions, green, environmentally friendly, and/or compliant with state or federal environmental or emissions standards; (6) the marketing or advertisement of the fuel efficiency, fuel economy, mileage, power, drivability, or performance of any Subject Vehicle, to the extent related in any way to the emissions performance, the design, manufacfure, assembly, testing, development, installation, or performance of emission control equipment and methods, and related hardware or software; (7) any badges, signage, or BlueTEC labels on the Subject Vehicles, including any badges or signage placed on the Subject Vehicles at the point of sale or in an advertisement; (8) performance of the AEM in a Subject Vehicle, exclusive of the Extended Modification Warranty and any "Lemon Law" protections available to Class Members; (9) whether the Subject Vehicles meet or exceed (or met or exceeded) consumer expectations, to the extent related in any way to the emissions performance, the design, manufacture, as-Lembly, testing, development, installation, or performance of emission control equipment, and methods and related hardware or software; or (10) the subject matter of the Action as well as events or allegations related to the Action, with respect to the Subject Vehicles. Without limiting the foregoing, "BlueTEC Diesel Matter" includes allegations that (i) are related to any Subject Vehicle, (ii) relate to conduct by a Released Party that predates the date of the Class Action Settlements, and (iii) formed or relate to the factual basis for a clairn that was made or could have been made in the Complaint. As used in this Individual Release, "Released Pafty" and "Released Parties" includes the Mercedes Defendants and Bosch Defendants, and any other Person included in the definition of those terms in the Class Action Agreements. This lndividr"ral Release shall become effective and binding irnmediately upon my receipt of the Class Member Payment made to me under the Class Action Agreements. I expressly understand and acknowledge that the Settlement Adniinistrator rvill make final and unreviewable decisions regarding the Class Member Payment under the Class Action Settlements, and that this Individual Release remains effective and binding even if I disagree with the amount of my Class Member Payment. It is expressly understood and agreed that this is a compromise of a disputed claim and that the Mercedes Defendants and Bosch Defendants have denied and continue to deny that they are in any way liable or responsible for the alleged conduct and damages claimed in the Action. Neither the Class Action Agreements, the compromise of the Action, this Individual Release, nor any act perfonned or document executed pursuant to or in furtherance of this Individual Release or the Class Action Agreements is, may be deemed to be, or may be used as an admission of, or evidence of, the validity of any of the Released Claims, or of any rvtongdoing or liability of Released Parties; or may be deemed to be or may be used as an admission of, or evidence of, any fault or omission of Released Parties in any civil, criminal, or administrative proceeding in any court, administrative agency, or other tribr.rnal. If, for any reason? I receive the Class Member Payment under one Class Action Agreement but not the other, this Individual Release shall be immediately effective and binding as to the Released Claims against the Released Parties as those terms are defined by the Class Action Agreement under which I receive the Class Member Payment. a 1. 5 This Individual Release supplements the Release and associated provisions set fodh in Section l0 of the class Action Agreements. It does not supersede them. I expressly understand and acknowledge that this Individual Release applies to claims of which I might not presently be aware. I expressly understand and acknowledge Section 1542 of the Califomia Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I acknowledge that I am aware of the contents and effect of Section 1542 of the California Civil Code and have considered the possibility that the number, nature, or magnitude of all claims may not currently be known. To ensure that this Individual Release is interpreted fully in accordance with its terms, I expressly waive and relinquish any and all rights and benefits that I may have under Section 1542 of the Califomia Civil Code to the extent that such section may be applicable to the Individual Release and likewise expressly waive and relinquish any rights or benefits of any law of any state, territory, county, municipality, or city of the United States, federal law or principle of common law, or of international, foreigfl, or tribal law, which is similar, comparable, analogotts, or equivalent to Section 1542 of the Califomia Civil Code to the extent that such laws or principles may be applicable to the Individual Release. I expressly understand and acknowledge that I may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those that I norv know or believe to be true, related to the BlueTEC Diesel Mattero the Released Claims, and/or the Individual Release. Nevertheless, it is my intention to fully, finally, irrevocably, and forever releaseo waive, discharge, relinquish, settle, and acquit all Released Claims which exist, hereafter may exist, or might have existed (whether or not previously or currently asserted in any action or proceeding). This includes, without limitation, any claims I have or may have with respect to the BlueTEC Diesel Matter under the Trade Regulation Rule Concerning the Preservation of Consumers' Claims and Defenses, l6 C.F.R. S 433.2 (the "Holder Rule"). This Individual Release shall remain effective regardless of any judicial, quasi-judicial, arbitral, administrative, regulatory, or other decision relating to the liability of any Released Party in connection with the BlueTEC Diesel Matter and shall be binding on me immediately tlpon my receipt of the Class Member Payment made to me under the Class Action Agreements. It for any reason, I receive the Class Member Payment under one Class Action Agreement but not the other, this Individual Release shall be immediately effective and binding as to the Released Claims against the Released Parties as those terms are defined by the Clasi Action Agreement under which I receive the Class Member Payment. For the avoidance of dotrbt, this Individual Release shall remain effective even if the Court does not enter the Final Approval Order, the Final Approval Order is reversed and/or vacated on appeal, or if the Class Action Agreements are abrogated or otherwise voided in whole or in part. This lndividual Release waives or releases any right to receive further monetary compensation beyond the Class Member Payment under the Class Action Agreements or to pursue additional benefits under the Class Action Agreements, or in any other manner relating to the BlueTEC Diesel Matter, except to the extent I submit a Valid Claim for another vehicle I own or lease (or formerly owned or leased) that is eligible for compensation under the Class Action Agreements. 6 7 8. -3 - 9 This individual Release, and any dispute arising out of or related to this Individual Release,shall be governed by and interpreted accordinglo the Federal Rules of Civil procedure andapplicable jurisprudence relating thereto, and the laws of the State of New Jerseynotwithstanding its conflict of law provisions. Once it becomes binding on me, thisIndividual Release will be binding upon my successors, transferees, and asslgns. In the event that I am not bound by the Release in the Class Action Agreements, any mattersconcerning this Individual Release, including any disagreement as to whether thisIndividual Release is effective, shall be settled Uy UinAing arbitration. The arbitrator shallaward to the prevailing party all of its attorn.ys;fee, and costs, and its share of the costs and administrative fees due to the arbitrator. I expressly agree that this Individual Release is, and may be raised as, a complete defenseto, and will preclude, any lawsuit, action, or othlr proceeding invoiving claims encompassed by this Individual Release. I shall not now or hereaftei institute, maintain,prosecute, assert, and/or cooperate in the institution, commencement, filing, or prosecution of any suit, action, andlor other proceeding against the Released parties with respect to theclaims, causes of action, and/or any othei *utters subject to this Individual Release. Tothe extent that I have initiated, or caused to be initiaied, any suit, action, or proceeding subject to this Individual Release that is not already encompassed by the Action, I shallpromptly cause my claims in any such suit, action, or proceeding to be dismissed withprejudice. If I commence, file, initiate, or institute any legalactionir other proceeding forany Released Claim against any Released Party in any federal or state court, arbitraltribunal, or administrative or other forum, (l) suth legaiaction or other proceeding shall be dismissed with prejudice at my cost; (2) any refusil or failure to immediately dismisssuch.claims shall provide a basis for any Released Party to seek an injunction, sanctions, or other appropriate relief; and (3) the respective Released Party shall bl entitlej to recover any and all reasonable related costs and expenses from me arising as a result of my breachof my obligations under this Individual Release. I represent and warrant that I have carefully read and understand this Individual Releaseand that I execr'rted it freely, voluntarily, and without being pressured or influenced by, orrelying on, any statement or representation made by any p.iron or entity acting on behalfof any Released Party. I certify that I understand itrut i ttuu. the right io .onrirlt with anattorney of my choice before signing this Individual Release. I represent and warrant that I have authority to execute this Individual Release and that I am the sole and exclusive owner of all claims that I am releasing pursuant to this Individual Release. I acknowledge that I have not assigned, pledged, or in uny manner whatsoever, sold, transferred, assigned or encumbered any right, titlJ, interest or tlaim arising out of or in any way whatsoever pertaining to the gtuifeC Diesel Matter, including withoutlimitation, any claim for benefits, proceeds, or value under the Action or the BlueTEC Diesel Matter' I am not aware of anyone other than myself claiming any interest, in wholeor in part, in any benefits, proceeds, or values to whicir I may Ue entittea as a result of theAction or BlueTEC Diesel Matter. I agree to hold the Released Parties harmless and agreeto indemnifu and defend the Released Parties from all claims, liability, loss, cost, orexpense' including attorney fees, incurred in the future due to the assertion by anyone ofany claim, including any claim for damages, based on such person's alleged ownership of,or interest in, the claims that I am releasing pursuant to this Individual Release, l0 ll t2 l3 4 t4 l5 Date: I agree that if any of the consideration received for this Individual Release is construed tobe income' it is my sofl resnglsiblli;t 'b pay taxes on the amount consrrued ro be income nt ffi::Jl'#'iiiily;i1ffj:,ati Reieaseo parties r,a.*r.., on un/;ilorriabirity If any term' provision, promise, or condition of this Individual Release is determined by acourt of competent jurisdiction to be illegar, invalid, ;"i;, ;; unenforceable, in whore or inpart' under any present or future law, the remainder of ttris tndividual Release shall remainin full force and effect and shall il;" way be affected, impairea, or invaridated to themaximum extent permitted by law. :.x..1Tl'?ii:,tJ;il |3[-J'* and understand this tndividuar Rerease and that r have rreery Signature Printed Name: 5 MODEL MODEL YEARS E250 BlueTEC 2014-2016 Gt350 BlueTEC 2013-2016 GLE300d BlueTEC 2016 GLK250 BlueTEC 2013-2015 M1250 BlueTEC 2015 M1350 BlueTEC 2412-2014 Mercedes-Benz or Freightliner Sprinter (4-cylinder)2014-2016 Mercedes-Benz or Freightliner Sprinter (6-cylinder)2410-2016 ln re Mercedes-Benz Emissians Litigation, 16-cv-BS1 (KM) (ESK) AN APPROVED EM|SS|ON MOD|F|CAT|ON (,'AEM") IS AVAILABLE NOW FOR THE FOLLOWING SUBJECT VEHICLES: of New JersevUnited States District Court for the District To verify whether an AEM is available for your vehicle, please visit: . bluetecupdate.mbusa.com (if you own or lease a passenger car),. bluetecupdate.mbvans.com (if you own or lease a Mercedes-Benz- branded Sprinter), or. bluetecupdate.freightlinersprinterusa.com (if you own or lease a Frei ghtliner-branded Sprinter). AEMs for additional Subject Vehicles will become available on a rolling basis. lf you have any questions, please contact the Settlement Adm in istrator at 1 -877-31 3-0 I 70 or info@m bbluetecsettlement.com. tshtEffi:In re Mercedes-Benz Emissfons Litigation Class Action Settlement Claim Form Claim Form lnstructions You must complete, sign, and return the enclosed Claim Form to receive a payment under the Class Action Settlements.l Please read the full Long Form Notice, which is available at the Settlement Website, mbbluetecsettlement.com. before completing your Claim Form. lf you have questions about this Claim Form, please visit the Settlement Website, call {-877-313-0170 toll-free or email info@mbbluetecsettlement.com. 'qtAtM gu BlllltssroN rt NsTRUcTto NS'AN D DEADLTN ES : "'l ,' : i. GBD DV3GSYBTMD a a a To receive a Class Member Payment, you must submit a completed and signed Claim Form, including all required documentation, by the deadline that applies to you. These deadlines are set forth in detail at the Settlement Website, mbbluetecsettlement.com. To summarize: o lf you are an Eligible Current Owner/Lessee, your claim must be submitted online or postmarked by October 1,2022. o lf you are an Eligible Former Owner/Lessee, your claim must be submitted online or postmarked by July 12, 2021, or by the date the Court finally approves the Mercedes Class Action Settlement (if after July 12,20211. Please visit mbbluetecsettlement.com for updates about the deadline to submit your claim. o You may submit your completed Claim Form and all required documents online at mbbluetg.qs.ettlement.com. You may also mail your completed Claim Form and documentation to: MB BlueTec Settlement c/o JND Legal Administration PO Box 91310 Seattle, WA 98111 You should not wait until close to the deadline to submit your Claim Form. All Claim Forms require information and documentation that you might need time to collect, and all Eligible Current Owners/Lessees must have scheduled and completed installation of the AEM for their vehicle before submitting their Claim Form. The following documentation is required to submit a claim: o A completed and signed Claim Form o Proof of current or former ownership or lease, including dates of ownership or lease, for your Subject Vehicle o Proof of vehicle registration for your Subject Vehicle o Fully executed lndividual Release (a copy of the lndividual Release is included with this Claim Form) The "Class Action Settlements" are the separate class settlements with the Mercedes Defendants (the "Mercedes Class Action Settlement") and with the Bosch Defendants (the "Bosch Class Action Settlement"), which can be found at mbbluetecsettlement.com. All capitalized terms in this Claim Form are defined in the Mercedes Class Action Settlement. lf you have questions about filling out this form, please visit mbbluetecsettlement. com or call 1 -87 7 -3'l 3-017 0 To view JND's privacy policy, please visit httos://www.indla.com/privacli-policy lnstructions for Completing the Enclosed Claim Form ln re Mercedes-Benz Emissions Litigation Class Action Setflement Claim Form Claim Form lnstructions o lf you are an Eligible Current Owner/Lessee, a repair order showing the Approved Emission Modification("AEM') is installed in your Subject Vehicle ' lf you are an Eligible Gurrent Owner/Lessee, you must schedule an appointment and have theAEM installed beforg submitting your Glaim Form and required documents. you will be eligiblefor a Class tlgl!"f Payment onlv after the AEM is installed (at no charge to you), you can checkwhether the AEM is available now for your Subject Vehicle by visiting tfre 'setilement Website,mbbluetecsettlement.com, where you can type in your Vehicle ldentificati-on Number 1"Vitt"; to checkthe AEM availability for your vehicle, or review a listing of all Subject Vehicle models that are ready forthe AEM installation. lf your vehicle is not listed, you will be notified when the AEM becomes available.Please continue to check the Settlement Website for updated information. you may also call 1-g77-313-0170 toll-free to find out whether an AEM is availabie for your Subject Vehicle. You can find a list of the types of documents that fulfill the documentation requirements below. CLAIM REVIEW AND PAYMENT PROCESS: ' After you have submitted your Claim Form, the Settlement Administrator will review your Claim Form andsupporting documents for completeness and eligibility. The Settlement Administrator will also screen theclaims for fraud and determine the payment amount. - o lf the Claim Form or required documentation is incomplete, illegible, or otherwise deficient, the SetgementAdministrator will notify you that there is a deficiency oithat more information is needed. lf you do not timelycomply and/or are unable to produce the requested information, your claim will be denied and you will notreceive a Class Member payment. r The payment amount you may receive depends on when you purchased or leased the subject Vehicle,whether you owned or leased the Subject Vehicle at the time the AEM was installed in the SubjeciVehicle, the number of claims made per Subject Vehicle and, for Eligible Current Owners/Lessees,whether your Subject Vehicle qualifies for possible additional paymentsi The Setgement Administratorwill issue the payment after your claim is deemed complete and you are determined to be eligible for aClass Member Payment. lf you have questions about filling out this form, please visit mbbluetecsetilement.com or call'l-gT7-313-O1TO To view JND's privacy policy, please visit httos://www.indla.com/privacv-policv -2- ln re Mercedes-Benz Emissions Litigation Class Action Settlement Glaim Form Claim Form lnstructions Please provide your name and contact information below. You must notify the Settlement Administrator if your contact information changes after you submit your Claim Form; otheruyise you may not receive your Ciass Member Payment. All claimants must complete this Section B. lf you are making a claim as an Eligibte Former Owner or Lessee, you must provide the information for the Subject Vehiile that you formerly owned or leased. Please provide the model and model year of your Subject Vehicle in the box below. Be sure to write clear andneatly. lf you have a claim for more than one Subject Vehicle, you must submit a separate Claim Form for each Subject Vehicle. Model Model Year Please enter the VIN of the Subject Vehicle you entered above. The VIN may be located on your vehicle registration, your car title or in vehicle maintenance records from your dealer. Vour Mercedes,Benz Owner's Manual can also direct you to the physical location of the VIN on your vehicle. To avoid confusion between letters and numbers, please enter numbers in the same form as the chart below. Be sure to write clear and nealy. Zero One Two Three Four Five Six Seven Eight Nine g I 2 3 4 5 6 7 8 9 SECTION A: NAME AND CONTACT INFORMATION _ ALL CLAIMANTS MUST cOMPLETE First Name Middle lnitial Last Name Suffix James Nale Mailing Address PO Box 1494 City State Zip Gode Ellensburg WA 9892&1907 EmailAddress Best Telephone Number to Contact You sEcrloN B: vEHlcLE INFORMATI0N - ALL CLA|MANTS MUST coMpLETE W D Y F E I c D 0 G P 3 0 I 4 1 4 Enter the lTdigit VIN in the boxes above. lf you have questions about filling out this form, please visit EbblueteqsejtleJnent. com or call 1 -97 I -g 1 A-0 1 T O To view JND's privacy policy, please visit https://www.indla.com/pdvacy-policv -3- ln re Mercedes-Benz Emissions Litigation Class Action Settlement Claim Form Claim Form lnstructions NEXT STEPS AFTER COMPLETING SECTION B: lf you are a current owner or lessee of the Subject Vehicle, fill out Section C and Section E below (skip Section D). lf you no longer own or lease the Subject Vehicle and did not install the AEM while you possessed it, skip Section G and fill out Sections D and E below. lf you no longer own or lease the Subject Vehicle, but you installed the AEM while you still possessed the Subject Vehicle, fill out Sections C and E below and skip Section D. lf you began owning or leasing and registered the Subject Vehicle on or before September 14,2020, check here: lf you began owning or leasing and registered the Subject Vehicle after September 14,2020, check here lf the Subject Vehicle was registered in your name at the time the AEM was installed, check here: Please enter the date the AEM was installed in the Subject Vehicle (MM/DD|/YYY): lf the Subject Vehicle was not registered in your name at the time the AEM was installed, you are not eligible for a Current Owner/Lessee Payment or Post-Announcement Owner/Lessee Payment. Tfgnspoftation Costs lf all three of the above apply to you, you may be eligible to receive reimbursement (up to $35) for transportation costs to and from the Authorized Service Provider while you did not have use of your Subject Vehicle. To receive the transportation reimbursement, you must submit with your Claim Form a receipt detailing your transportation costs. lf any of the three above does not apply to you, you are not eligible for reimbursement of transportation costs. lf you are claiming Transportation Reimbursement, check here: lf you have questions about filling out this form, please visit mbbluetecsettlement.com or call'l -877-3 1 3-0 1 70 To view JND's privacy policy, please visit https://www.indla.com/privacv-policv -4- SECTION C: CURRENT OWNERS/LESSEES AND FORMER OWNERS/LESSEES WHO INSTALLED THE AEM lf ryouihave ;already installed the AEM,select each'of the following that applies'to you:(if,,any|: The Authorized Service Provider took longer than 3 hours to install the AEM in my Subject Vehicle No loaner vehicle, shuttle service, or other alternative transportation was made available to me. During the installation process, I did not have use of my Subject Vehicle and I incuned costs for transportation to and from the Authorized Service Provider. ln re Mercedes-Benz Emissions Litigation Class Action Settlement Claim Form Claim Form lnstructions Required Documents - Current Owners and Lessees Current Owners and Lessees must include a copy of the following supporting documents with your Claim Formto complete your claim. Please check all the boxes below that apply to you in order to confirm that you have included all the required documents. Please do not send the origlnals because the documents will not bereturned to you. {Former Owners and Lessees do not need to provide these documents.) 'You may need to provide addilionatdocumentation in certain circumstances. You wittbe notified if additional information is needed to complete your claim. lf you.b.gT owning or.leasing and registered the Subject Vehicle after September 14, 2020, and you did not have the AEM installed in your vehicle while you owned or leased it, you are not eligible for payment. lf you no longer own or lease the Subject Vehicle, but you had the AEM installed in the Subject Vehicle while(a)you owned or leased it, ?nd (b) the Subject Vehicle was registered in your name, please fillout Section G andSection E. lf you have questions about filling out this form, please visit mbbluetecsettlement.com or cail 1-BT7-313-0170 To view JND's privacy policy, please visit https://www.indla.com/privacv-policv -5- n A copy of your driver's license or other government-issued photo identification f The repair order or invoice you received at the time the AEM was installed in your Subject Vehicle f Proof that the Subject Vehicle was registered in your name at the time the AEM was installed X Documentation of transportation costs (if seeking Transportation Reimbursement) n Fully executed lndividual Release (a copy of the lndividual Release is attached to the end of this Claim Form) n Proof that you owned or leased and registered the Subject Vehicle. Permitted documentation to prove ownership or lease includes your bill of sale, lease agreement, title, registration from time of purchase orlease, Department of Motor Vehicles ("DMV') registration history, financing agreement, insurance documentation listing your date of purchase or lease, or proof of lease payment; insuiance documentation may suffice for proof of registration. Your documentation must show the'date you acquired or leased the Subject Vehicle, as well as the date you registered it. SECTION D: FORMER OWNERS AND LESSEES ONLY lf you began owning or leasing and registered the Subject Vehicle on or before September 14,2020, and did not have the AEM installed while you owned or leased the Subject Vehicle, check here: Please enter the date you sold the Subject Vehicle or the date you oave. back the Subject Vehicle because your lease. ended (MM/DDf/Yyy): lf your Subject Vehicle was totaled, enter the date the Subject Vehicle was given to an insurance company (or given or sold to a junkyard, salvage dealer, or the equivalent). ln re Mercedes-Benz Emissions Litigation Class Action Settlement Claim Form Claim Form lnstructions Required Documentation - Former Owners and Lessees Former Owners and Lessees must include a copy of the following supporting documentation with your Claim Form to complete your claim. Please check the corresponding box to confirm that you have included the specified documentation with your claim. Please do not send the originals as the documents will not be returned to you. *You may need to provide additionaldocumentation in certain circumstances, You will be notified if additionalinformation is needed to complete your elaim. I understand that in order to obtain relief under the Class Action Seftlements, I must sign and date the following certification and provide the documentation listed above. I represent and warrant that I have authority to submit a claim for the Subject Vehicle listed above, and that any of my co-owners and co-lessees of the Subject Vehicle listed above have signed this Claim Form. I affirm under penalty of perjury that all informalion in this Claim Form is true and accurate to the best of my knowledge. Signature Date Print Name; lf you have questions about filling out this form, please visit mbbluetgcsettlement.com or call 1 -87 7-31 3-0 1 70 To view JND's privacy policy, please visit https://www.indla.conl/orivacv-ooligy -6- f| A copy of your driver's license or other government-issued photo identification n Fully executed lndividual Release (a copy of the lndividual Release is attached to the end of this Claim Form) I Proof that you owned or leased and registered the Subject Vehicle on or before September 14, 2A20. Permitted documentation to prove ownership or lease includes your bill of sale, lease agreement, title, registration from time of purchase or lease, Department of Motor Vehicles ("DMV") registration history, financing agreement, insurance documentation listing your date of purchase or lease, or proof of lease payment; insurance documentation may suffice for proof of registration. Your documentation must show the date you purchased or leased the Subject Vehicle, as well as the date you registered it. I Proof that you sold or transferred the Subject Vehicle (permitted documents include your bill of sale, trade- in receipt, copy of title transfer, or proof of lease termination) SECTION E: CERTIFICATION STATEMENT FOR ENTIRE CLAIM FORM - ALL CLAIMANTS MUST COMPLETE CURRENT OWNERS OR LESSEES: Claim Forms must be submitted online at mbbluetecseftlement.com or postmarked no laterthan October 1,2022. FORMER OWNERS OR LESSEES: Claim Forms must be submitted online at mbbluetecsettlemen-t.gom or postmarked by July 12,2021, or by the date the Gourt finally approves the Mercedes Class Action Settlement (if after July 12,20211. Please visit mbbluetecsettlement.com for updates about the deadline to submit your claim.