ADDENDUM TO SETTLEMENT AGREEMENT
Pursuant to the Preliminary Approval Order issued by the Circuit Court of Cook County, Illinois on April __, 2002, the Settlement Agreement ("Settlement") made and entered into as of March 22, 2002, by and among Plaintiffs and McDonald's (as defined therein), is subject to the following Addendum:
a. The references to “food products” in paragraphs 1.10 and 1.11 of the Settlement shall mean “french fries or hash browns.”
b. Paragraph 3.1 of the Settlement is amended to provide that selection of recipient organizations and distribution of payments from the cy pres fund shall be subject to Court approval.
c. Paragraph 3.2 of the Settlement is amended to provide that the escrow account for settlement funds in the event of an appeal shall be established in a chartered financial institution and shall be subject to the Court's jurisdiction and approval.
d. Paragraph 4.4 of the Settlement is amended to provide that the circulation of instructions for how McDonald's restaurant employees should respond to customer inquiries concerning the nutritional/ingredient content of McDonald's menu items shall occur at least once a year for five years.
e. Paragraph 17.2 of the Settlement is amended to delete the phrase “or by the written agreement of Plaintiffs’ Counsel and counsel for McDonald’s.”