If You Are a Current Or Former Owner of One Or More Condominium Units in the Millennium Tower, You May Be Eligible for a Payment from a Class Action Settlement

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO If You are a Current or Former Owner of one or more condominium units in the Millennium Tower, You May Be Eligible for a Payment from a Class Action Settlement. The Superior Court of California for the County of San Francisco authorized this notice. This is not a solicitation from a lawyer.  As part of consolidated litigation before the San Francisco Superior Court addressing The Millennium Tower, a condominium and commercial building, located at 301 Mission Street in San Francisco, a class action settlement has been reached addressing claims brought by certain past and present unit holders in the building.  Commencing in May 2016, a number of lawsuits were filed addressing alleged settlement and tilt of The Millennium Tower. These separate lawsuits were brought on behalf of The Millennium Tower Association, individual unit owners, and a putative class of unit holders. The cases were consolidated for pretrial and trial purposes and involved many parties and cross-claims. Among others, Defendants and Cross-defendants across the cases included Mission Street Development, the developer of The Millennium Tower, many of the contractors on The Millennium Tower, parties alleged to have been involved in the sale of units, and the various developers, contractors, and owners of adjacent properties who were alleged to have caused, impacted, or exacerbated the alleged settlement and tilt. Through mediation with all the parties, a global settlement has been reached, including this class action. Liability is disputed by the Settling Parties, and no Court decision has been made on the merits. This Settlement is a part of the resolution of all of these lawsuits.  The Settlement Class includes: The proposed Class Representatives and all individuals and entities who 1) own one or more condominium units in The Millennium Tower, that they purchased prior to May 10, 2016; 2) purchased one or more condominium units in The Millennium Tower prior to May 10, 2016 and sold such unit or units after May 10, 2016; or 3) as of May 15, 2020, own one or more condominium units in The Millennium Tower, that they purchased after May 10, 2016, who have not filed an individual action against one or more of the Defendants regarding The Millennium Tower and who do not exclude themselves from the Settlement Class in the manner and time prescribed by the Court in the Preliminary Approval Order.  Your legal rights are affected whether you act or don’t act. Read this notice carefully.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT If you are entitled under the Settlement to a payment, you must submit a claim postmarked by July 14, 2020. If the Court approves the SUBMIT A CLAIM Settlement and it becomes final and effective, you remain in the FORM Settlement Class, and you submit a Claim Form that is validated by the Settlement Administrator, you will receive a payment.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 1 Receive no benefit from the Settlement. This is the only option that allows you to retain your right to bring any other lawsuit against any EXCLUDE YOURSELF of the Released Parties, including the Defendants in this class action FROM THE and the Cross-Defendants in the consolidated actions, about the SETTLEMENT claims in this case. Submit your exclusion request postmarked by June 29, 2020. Questions 9-11 in this Notice describe the Exclusion process in more detail. Write to the Court to object to the terms of the Settlement postmarked by June 29, 2020. Questions 14-15 in this Notice describes the OBJECT Objection process in more detail. You may object to the terms of the Settlement even if you submit a claim. OBJECT AT THE If you object and give written notice to the Court, you may ask to FINAL APPROVAL speak in Court about the fairness of the Settlement. HEARING If you do nothing, you will not receive any payment to which you are entitled, and you will give up your right to bring your own DO NOTHING lawsuit against any Released Parties with respect to The Millennium Tower. UPDATE CONTACT If your contact information has changed, you may provide updated INFORMATION contact information in the Claim Form.

 These rights and options — and the deadlines to exercise them — are explained in this Notice.  The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided if the Court approves the Settlement and, if there are any appeals, after those appeals are resolved. Please be patient.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 2

WHAT THIS NOTICE CONTAINS

BASIC INFORMATION ...... PAGE 4 1. Why is there a notice? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a Settlement?

WHO IS IN THE SETTLEMENT ...... PAGE 5 5. Who is included in the Settlement?

THE SETTLEMENT BENEFITS ...... PAGE 5 6. What does the Settlement provide? 7. How do I receive a payment? 8. What am I giving up to stay in the Settlement Class?

EXCLUDING YOURSELF FROM THE SETTLEMENT ...... PAGE 8 9. How do I get out of the Settlement? 10. If I do not exclude myself, can I sue for the same thing later? 11. If I exclude myself from the Settlement, can I still receive a payment?

THE LAWYERS REPRESENTING YOU ...... PAGE 9 12. Do I have a lawyer in this case? 13. How will the lawyers be paid?

OBJECTING TO THE SETTLEMENT ...... PAGE 9 14. How do I tell the Court that I don’t like the Settlement? 15. What’s the difference between objecting and excluding?

THE COURT’S FINAL APPROVAL HEARING ...... PAGE 10 16. When and where will the Court decide whether to approve the Settlement? 17. Do I have to go to the hearing? 18. May I speak at the hearing?

IF YOU DO NOTHING ...... PAGE 10 19. What happens if I do nothing at all?

GETTING MORE INFORMATION ...... PAGE 11 20. How do I get more information?

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 3

BASIC INFORMATION

1. Why is there a notice?

A Court authorized this Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant Final Approval to the Settlement. This Notice explains the lawsuit, the Settlement and your legal rights. The Superior Court of the State of California for the County of San Francisco is overseeing this case. The case is known as Maui Peaks Corporation, et al. v. Mission Street Development LLC, et al., Case No. CGC-17-560322. The Maui Peaks case was consolidated under Lehman v. Transbay Joint Powers Authority, et al., CGC-16-553758 for the Phase One trial. The Defendants, Cross-Defendants, and Settling Parties in this class action settlement are described in greater detail in the Class Settlement Agreement available at www.MillenniumTowerLitigationSettlement.com, as well as in the pleadings on file in the Lehman and Maui Peaks lawsuits, but generally include the parties involved in the development, design, and construction of four property sites in San Francisco: The Millennium Tower, the Transbay Transit Center, the Salesforce Tower, and the building constructed at 350 Mission Street in San Francisco, California. 2. What is this lawsuit about?

The lawsuit was brought by Plaintiffs Maui Peaks Corporation, Ian Kao and NGMII LLC on behalf of owners of residential units in The Millennium Tower alleging causes of action against Mission Street Development LLC (“MSD”), Mission Street Holding (“MSH”) and Transbay Joint Powers Authority (“TJPA”) relating to allegations concerning, inter alia, the movement and tilt of The Millennium Tower. The Plaintiffs own or owned residential units in The Millennium Tower. Plaintiffs alleged claims against MSD and MSH for failure to disclose and unfair business practices, and claims against TJPA for express indemnity, specific performance and declaratory relief. There are numerous Cross-Defendants across the consolidated and related cases. The Defendants, Cross- Defendants, and additional Settling Parties claim that other parties are responsible for the movement and tilt of The Millennium Tower and have sued those other parties. Many years of intense litigation with respect to those claims has occurred and significant discovery across the four properties has been completed. The Settling Parties have also been mediating the case in front of retired Judge Daniel Weinstein since 2018. 3. Why is this a class action?

In a class action, one or more people called class representatives (in this case, Maui Peaks Corporation, Ian Kao and NGMII LLC) sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class. 4. Why is there a Settlement?

The Court has not decided in favor of either the Plaintiffs, Defendants, or Cross-Defendants. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the significant costs, uncertainty, and delays of a trial and appeals, and Settlement Class Members receive the benefits described in this Notice. The Class Representatives and Class Counsel believe the Settlement is best for everyone who is affected.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 4

WHO IS IN THE SETTLEMENT To see if you will be affected by the Settlement or if you can get a payment from it, you first have to determine if you are a Settlement Class Member. 5. Who is included in the Settlement?

Settlement Class Members means the proposed Class Representatives and all individuals and entities who 1) own one or more condominium units in The Millennium Tower, that they purchased prior to May 10, 2016; 2) purchased one or more condominium units in The Millennium Tower prior to May 10, 2016 and sold such unit or units after May 10, 2016; or 3) as of May 15, 2020, own one or more condominium units in The Millennium Tower, that they purchased after May 10, 2016, who have not filed an individual action against one or more of the Defendants regarding The Millennium Tower and who do not exclude themselves from the Settlement Class in the manner and time prescribed by the Court in the Preliminary Approval Order. All Settlement Class Members are Class Action Settling Parties subject to all the terms and conditions of this Agreement, including, but not limited to, the Releases. Settlement Class Members excludes the Developer Defendants, TJPA, and the officers and directors and employees of the Developer Defendants and TJPA, as well as their families and also excludes the named plaintiffs named in the cases within the Subject Actions (excluding this Class Action) who have asserted causes of action against TJPA and/or the Developer Defendants. You may contact the Class Action Settlement Administrator if you have any questions as to whether you are a Settlement Class Member.

THE SETTLEMENT BENEFITS

6. What does the Settlement provide?

Should the Court approve the Settlement, a Settlement Fund of $29,844,000 will be established from which Settlement Class Members will receive payments. The Settlement Fund will also pay all attorneys’ fees and expenses of $3,625,000 ($3 million attorneys’ fee and $625,000 expenses), awarded to Class Counsel (which includes all Class Action Settlement Administrator’s fees and expenses, which will not exceed $95,000), and Class Representative Service Awards of $7,500 per each of the three Class Representatives (which are intended to compensate Class Representatives for work done on behalf of the Class in this lawsuit). The exact amount cannot be determined until the notice process is complete and the Court makes a final decision on the amount of attorneys’ fees, costs and expenses awarded to Class Counsel. The estimated Net Settlement Amount to be distributed to Class Members is approximately $26,200,000. Each of the Settlement Class Members who purchased a unit after May 10, 2016 and who submits a valid claim will receive $10,000. After payment to those Settlement Class Members and payment of attorneys’ fees, costs and expenses awarded to Class Counsel, Class Representative Service Awards, and Class Action Settlement Administrator’s fees and expenses, the rest of the Settlement Fund will be divided among the other Settlement Class Members who submit valid claims proportionally based on the price they paid for their units. Each such Settlement Class Member will receive a share of the remaining Settlement Fund determined by the proportion that their purchase price bears to the total combined purchase prices of all Settlement Class Members who purchased before May 10, 2016 who submit valid claims. Thus, a Settlement Class Member whose purchase price equals 1% of the total combined purchase prices of all pre-May 10, 2016 Settlement Class Members submitting valid claims would receive 1% of the remaining Settlement Fund. For example, a Settlement Class Member who paid $1 million for their unit prior to May 10, 2016 will be paid twice as much as such a Settlement Class Member who paid $500,000 for

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 5 their unit prior to May 10, 2016. The exact amount of Settlement Class Members’ payments cannot be determined at this time. For all Settlement Class Members who do not file a valid claim and/or file a request for exclusion, the amount that would have been paid from the Settlement Fund for their unit(s) will be divided among the other Settlement Class Members who submit a valid claim. If any Settlement Class Member requests exclusion, the amount that would have been paid from the Settlement Fund for their unit(s) will be deducted from the Settlement Fund and will not be divided among the other Settlement Class Members. For all Settlement Class Members who are issued a check for settlement benefits, and the check is not cashed after (90) calendar days of the mailing of that check, the check will be deemed stale, the Settlement Class Member’s claim will be deemed abandoned and the check amounts (any resulting residue) will be paid in a second distribution to the other Settlement Class Members. If after ninety (90) calendar days of the mailing of any redistributed checks, all uncashed redistributed checks will be deemed stale, and the check amounts (any resulting residue) will be paid to the Millennium Tower Association, as the cy pres recipient, for its use in furtherance of the Millennium Tower. No money will be returned to the Defendants. The global settlement also includes an Upgrade Plan to upgrade the foundation of The Millennium Tower, with such plan being under the control and direction of the Millennium Tower Association (“MTA”). Upgrade means work that has been performed and work that will be performed as part of the Upgrade Plan. The MTA submitted three building permit applications (Permit Nos. 201812047402, 201812077819, and 201812077828) for the Upgrade to the San Francisco Department of Building Inspection on December 4, 2018 and December 7, 2018. The Upgrade may commence after the Court approves the Settlement. This Settlement is in no way contingent on the effectiveness of the Upgrade Plan or the Upgrade in remedying, halting or correcting any movement or tilt of the Millennium Tower, and if approved, the Settlement will remain effective regardless of the effectiveness of the Upgrade, the Upgrade Plan, non-upgrade repairs, or the decisions made by the MTA regarding the Upgrade, the Upgrade Plan, or non-upgrade repairs. The Settlement is also subject to certain conditions having to be satisfied. Those conditions are described in Section 6.2 of the Settlement Agreement. The Settlement is subject to approval by TJPA and the City and County of San Francisco. If TJPA or the City and County of San Francisco fail to execute the Settlement Agreement, the Settlement Agreement will be void and the Settlement Class Members will not receive any payment or release any claims. Be advised that if you do not submit a claim form, you will not receive any money pursuant to this Settlement. The funds that you could have received will be divided among Settlement Class Members who do file a claim form. If you want more information about the settlement benefits, please review the Settlement Agreement, which is available on the website www.MillenniumTowerLitigationSettlement.com. 7. How do I receive a payment?

If you are a Settlement Class Member and entitled to receive a cash benefit pursuant to the terms of the Class Action Settlement Agreement, you must submit a Claim Form postmarked by July 14, 2020, and mail it to: Millennium Tower Settlement P.O. Box 2838 Portland, OR 97208-2838 The necessary Claim Form is provided along with this Notice, if this Notice was mailed to you. A copy of the necessary Claim Form is also available on www.MillenniumTowerLitigationSettlement.com and you may complete your Claim Form and submit it electronically on this website by July 14, 2020, instead of submitting it by mail.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 6

If (a) the Court approves the Settlement, and (b) it becomes final and effective with you remaining in the Settlement Class, and (c) you submit a claim, which is validated by the Settlement Administrator against The Millennium Tower records confirming you are within the Settlement Class, you will receive a payment. In order to validate your claim, the Settlement Administrator will check and verify the information you submit and may ask you for additional information or documents. You may contact the Settlement Administrator in writing regarding any questions regarding your claim form or cash benefit. The Settlement Administrator will notify Settlement Class Members in writing within (fifteen) 15 calendar days of receipt of a Claim Form, if a Claim Form is rejected (in whole or part). Settlement Class Members will have 30 days (a postmark deadline) to provide additional information and/or contest the determination of their Claim Form status as rejected (in whole or part) or dispute either the specific award determination or the distribution method applied to their claim. To contest, a Settlement Class Member must mail a notice and statement of reasons to the Class Action Settlement Administrator indicating the reason or reasons for contesting the determination along with any supporting documentation. The Settlement Administrator will review the information provided and respond to the Settlement Class Member within fifteen (15) calendar days of receipt of such a notice. If a dispute concerning a claim form cannot be resolved, Class Counsel will present the request for review to the Court before distribution of checks to other Settlement Class Members and after written notice to the Settlement Class Member of submission of the dispute to the Court and the date and time of the hearing set by the Court, if any. Please submit your Claim Form as early as possible. 8. What am I giving up to stay in the Settlement Class?

Unless you exclude yourself from the Settlement Class, you cannot sue or be part of any other lawsuit against the parties released by the Settlement Agreement (“the Released Parties”). You should review the Settlement Agreement to understand who will be released and from what claims. The Released Parties include persons and entities involved in the development, design, and construction and sale of units in The Millennium Tower as well as all persons and entities who were involved in the development, design, and construction of the Transbay Transit Center, the Salesforce Tower, and the building at 350 Mission Street (the “adjacent properties”). Regardless of whether you submit a Claim Form, you will release the Released Parties from all Released Matters and no Settlement Class Members can ever again assert, file, maintain, or prosecute any of the Released Matters. Remaining in the Class also means that all of the decisions made by the Court will bind you. The description provided below is intended to be a summary. For the full release, which is beyond the scope of this notice, you should review the Settlement Agreement available at the website www.MillenniumTowerLitigationSettlement.com, see e.g., Settlement Agreement, Sections 2.44, 2.52, 2.57, and 11.1-12.3. By its terms the language in the Settlement Agreement is intended to be broadly interpreted (see Settlement Agreement, Section 11.15). If you have any questions regarding the release, please contact Class Counsel who will assist you (see contact information in Question 12). Generally, Settlement Class Members will release all claims or cross claims asserted in the lawsuits, as well as any all existing or potential claims or cross claims relating to the construction and development of the Millennium Tower, the sale of units in the Millennium Tower, or the Upgrade (see Question 6 for information regarding the Upgrade and what it entails, also see the Settlement Agreement and the Global Settlement Agreement.) Settlement Class Members will also release any and all claims, existing or potential, which are or could have been asserted in the lawsuits against those persons and entities involved in the construction and development of adjacent properties. You should also know that there are certain exclusions to the Released Matters including, but not limited to, that Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 7

Settlement Class Members who continue to own units will assign (give) to the MTA any Claims for Catastrophic Damage to real property against the Upgrade Contractor or the Upgrade Design Professional that occur during and result from Ongoing Operations (the “Assigned Claims”).1 The MTA alone will have the right and duty to prosecute any such valid diminution in value claims against the Upgrade Contractor and the Upgrade Design Professional on behalf of the impacted Unit Holders in binding arbitration. No Settlement Class Member will be releasing personal injury claims against the Upgrade Contractor or Upgrade Design Professional related to Upgrade Construction as part of the Settlement Agreement. Again, this description is intended to give you a general understanding. For the full release, you should review the Settlement Agreement and contact Class Counsel regarding any questions you may have.

EXCLUDING YOURSELF FROM THE SETTLEMENT If you do not want benefits from the Settlement, and you want to keep the right to sue the Released Parties, then you must take steps to get out of the Settlement. This is called excluding yourself — or it is sometimes referred to as “opting-out” of the Settlement Class. 9. How do I get out of the Settlement?

To exclude yourself from the Settlement, you must timely send a fully-executed Request for Exclusion Form or your own handwritten or typed request for exclusion. The Request for Exclusion Form is available at the website www.MillenniumTowerLitigationSettlement.com. The Request for Exclusion Form must include the following:  Your name and current mailing address;  The words “I wish to be excluded from the Maui Peaks Corporation et al., v. Mission Street Development LLC, et al. Class Action Settlement” or substantially equivalent text; and  Your signature. You must mail your Request for Exclusion, postmarked no later than June 29, 2020, to: Millennium Tower Settlement P.O. Box 2838 Portland, OR 97208-2838 The Court will exclude from the Settlement Class any Settlement Class Member who timely and properly requests exclusion. 10. If I do not exclude myself, can I sue for the same thing later?

No. Unless you exclude yourself, you give up the right to sue the Released Parties for the matters Released (see Question 8 for more information regarding the Release). You must exclude yourself from the Settlement Class in order to try to pursue your own lawsuit. 11. If I exclude myself from the Settlement, can I still receive a payment?

No. You will not receive a payment if you exclude yourself from the Settlement.

1 The “Upgrade Contractor” and the “Upgrade Design Professional” are certain defined parties who will do work on the Upgrade. See Global Settlement Agreement Sections 1.46-1.47. “Ongoing Operations” is a period of construction on the Upgrade. See Global Settlement Sections 1.22 Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 8

THE LAWYERS REPRESENTING YOU

12. Do I have a lawyer in this case?

The Court has appointed the following lawyers to represent you and others in the Settlement Class as “Class Counsel”: Daniel L. Rottinghaus Allan Steyer and D. Scott Macrae Berding & Weil LLP Steyer Lowenthal Boodrookas Alvarez & Smith LLP 2175 N. California Blvd., Suite 500 235 Pine Street, 15th Floor Walnut Creek, CA 94596 San Francisco, CA 94104 (925) 838-2090 (415) 421-3400 Class Counsel will represent you and Settlement Class Members. 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 is available to answer any questions about the Settlement or this notice. 13. How will the lawyers be paid?

Class Counsel intends to request up to $3 million, which is approximately 10 % of the Class Settlement Proceeds, for attorneys’ fees and up to $625,000 for both expenses in prosecuting this case and the Claims Administrator’s fees and expenses. The fees and expenses awarded by the Court will be paid out of the Class Settlement Proceeds. The Court will determine the amount of fees and expenses to award.

OBJECTING TO THE SETTLEMENT

14. How do I tell the Court that I don’t like the Settlement?

If you are a Settlement Class Member, you can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and expenses and/or Class Counsel’s request for a Service Award for the Class Representative. To object, you must submit a letter that includes the following: a) The case name and number, Maui Peaks Corporation, et al. v. Mission Street Development LLC, et al., Case No. CGC-17-560322; b) The name, mailing address, telephone number, and, if available, the email address of the Person objecting; c) The name and mailing address of the lawyer(s), if any, who is representing the Person objecting in making the Objection; d) A detailed statement of Objection(s), including the grounds for those Objection(s) and whether the person objecting is a Class Member; and e) The signature of the Person objecting, in addition to the signature of any attorney representing the Person objecting in connection with the Objection.

You must submit your objection in writing to the Class Action Settlement Administrator at the following address, postmarked no later than June 29, 2020. The Settlement Administrator will notify Settlement Class Members in writing within (five) 5 business days of receipt of any timely objection that does not meet the requirements for objections stated above. Any Settlement Class Member who is notified that their objection is deficient will have 10 calendar days (a postmark deadline) to cure the deficiency.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 9

Class Action Settlement Administrator Millennium Tower Settlement P.O. Box 2838 Portland, OR 97208-2838

15. What’s the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

THE COURT’S FINAL APPROVAL HEARING The Class Settlement and all of its terms are subject to Court approval. The Court will hold a Final Approval Hearing to decide whether to approve the Settlement, and the request for attorneys’ fees, expenses and Service Award for the Class Representatives. You may attend and you may ask to speak, but you do not have to do so. 16. When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Approval Hearing on August 7, 2020, at 10:00 a.m., at the Superior Court of the State of California for the County of San Francisco, Courtroom 303 at 350 McAlister Street, San Francisco, CA 94102. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.MillenniumTowerLitigationSettlement.com for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. The Court will also consider any request by Class Counsel for attorneys’ fees and expenses and for Service Award for the Class Representatives. If there are objections, the Court will consider them at the hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know when the Court will make its decision. It is a good idea to check www.MillenniumTowerLitigationSettlement.com for updates. 17. Do I have to go to the hearing?

No. Class Counsel will answer any questions the Court may have. But, you may go to the hearing at your own expense or hire a lawyer to go to the hearing. If you send an objection, you may but do not have to go to the hearing to talk about it. As long as you submit your written objection on time, to the proper address and it complies with the requirements set forth previously, the Court will consider it. 18. May I speak at the hearing?

Yes. If you object, as described in Question 14, you may speak at the hearing. IF YOU DO NOTHING

19. What happens if I do nothing at all?

If you fail to make a claim for the benefits requiring submission of a completed Claim Form, you will waive your right to receive those benefits, you will release the Released Parties from all Released Matters, and you cannot assert, file, maintain, or prosecute any of the Released Matters. You must submit a claim form to receive money under this Settlement. Unless you timely and properly exclude yourself, you will not be able to start a lawsuit or be part of any other lawsuit against Defendants, Cross-Defendants, or any other Released Party relating to the Released Matters.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 10

GETTING MORE INFORMATION

20. How do I get more information?

This Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. Class Counsel is also available to answer any questions you may have (see Question 12 above). You can obtain a copy of the Settlement Agreements, Long Form Notice (this Notice), Claim Form, Exclusion Request Form, Motion for Preliminary Approval and supporting materials, Preliminary Approval Order, Third Amended Complaint, Motion for Attorneys’ Fees and Expenses (once filed), Motion for Final Approval (once filed), Final Approval Order (once granted) and any other documents the Court or the parties require at www.MillenniumTowerLitigationSettlement.com. You may also write with questions to Millennium Tower Settlement, P.O. Box 2838, Portland, OR 97208-2838, or call 1-833-991-1519. Do not contact Defendants or the Court for information. The Settlement Agreement and court documents in this lawsuit are available free on the Court’s docket by doing the following:  Go to the Court website: https://www.SFSuperiorCourt.org/online-services;  Click “Case Query”;  Click the box next to “I’m not a robot” if it appears on the screen;  Enter the Case Number: CGC-16-553768 and click “Search”;  Click “Register of Actions”; and  Click on the document you are looking for on the Court’s docket.

Questions? Call 1-833-991-1519 or visit www.MillenniumTowerLitigationSettlement.com 11