SETTLEMENT AGREEMENT AND RELEASE

Case 1:09-md-02036-JLK Document 2981-1 Entered on FLSD Docket 10/01/2012 Page 2 of 90. SETTLEMENT AGREEMENT AND RELEASE . This SETTLEMENT AGREEMENT and RELEASE ( AGREEMENT ) is made and entered into this 26th day of September, 2012, by and among Jeffrey M. Eno and Suzanne M. Cox ( Plaintiffs ), for themselves and on behalf of the SETTLEMENT Class, and BMO Harris Bank, , f/k/a M & I. Marshall & Ilsley Bank ( M & I Bank ), subject to the Court's preliminary and final approval as required by Rule 23 of the Federal Rules of Civil Procedure. As provided herein, M & I Bank, Class Counsel and Plaintiffs hereby stipulate and agree that, in consideration of the promises and covenants set forth in this AGREEMENT and upon entry by the Court of a Final Order and Judgment, all claims of the SETTLEMENT Class against M & I Bank in the actions titled In Re: Checking Account Overdraft Litigation, Case No.

1 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (“Agreement”) is made and entered into this 26th day of September, 2012, by and among Jeffrey M. Eno and Suzanne M. Cox (“Plaintiffs”), for

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