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.

3 . 7. On November 30, 2011, the Parties participated in a formal mediation session under the auspices of Professor Eric Green of Resolutions, LLC.

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