Schedule One - Notice of the Right to Cancel

If you are an individual, you have the right to cancel our engagement within 14 days of agreeing to our engagement terms without giving any reason for doing so.

If you wish to exercise your right to cancel, please notify us in writing and delivering it personally or sending it by post or by e-mail to the contact and address below. The notice must be sent within 14 days of your agreement to our engagement terms and is deemed served as soon as it is posted or sent to us. You may use the form below but are not required to do so.

Nicola Boyle (Mercedes Emissions Claim)

Hausfeld & Co. LLP, 12 Gough Square, London, EC4A3DW

Email: MercedesEmissionsClaim@hausfeld.com

……………………………………………………………………………………………………………………………………………

Complete, detach and return this form within 14 days of receipt ONLY IF YOU WISH TO CANCEL THE CONTRACT

To: Nicola Boyle of Hausfeld & Co. LLP, 12 Gough Square, London, EC4A 3DW

Email: MercedesEmissionsClaim@hausfeld.com

Case Reference No: Mercedes Emissions Claim

I hereby give notice that I wish to cancel the Engagement Terms with your firm.

Schedule Two

Authority to Commence Work

To: Nicola Boyle of Hausfeld & Co. LLP, 12 Gough Square, London, EC4A 3DW

Email: MercedesEmissionsClaim@hausfeld.com

Case Reference No: Mercedes Emissions Claim

I understand that I have a right to cancel the Engagement Terms within 14 days of the date of receipt of a notice of the right to cancel.

I wish you to commence work under the Engagement Terms before the expiration of the cancellation period.

I understand that if I subsequently cancel these Engagement Terms within the cancellation period I will be under a duty to pay in accordance with the reasonable requirements of the cancelled contract for work undertaken prior to the cancellation.

Schedule Three

Standard Terms of Business for Hausfeld & Co. LLP

Hausfeld & Co LLP (“H&Co”) is a Limited Liability Partnership registered under the laws of the State of New York and with its head offices at 12 Gough Square, London, EC4A 3DW, and with representational offices in Brussels and Paris. It is a multinational partnership between Solicitors of the Supreme Court of England and Wales and Registered Foreign Lawyers and is regulated by the Solicitors Regulation Authority of England and Wales under Registration No. 513826. It is registered for VAT purposes with VAT registration number GB 975 248776. H&Co is registered in the Data Protection Register of the UK Information Commissioner’s Office under registration number Z1953172. It is associated with Hausfeld LLP, which has offices in Washington DC, Boston, Philadelphia, New York and San Francisco, to Hausfeld Rechtsanwälte LLP, which has offices in Berlin and Düsseldorf and to Hausfeld Advocaten which has its offices in Amsterdam.

1)These terms: These terms (our "Terms of Business") apply to all the work we do for you unless we agree otherwise in our Engagement Letter and until we give you written notice of a change to them. It may be necessary to amend these Terms and Conditions of Business from time to time. We will notify you of any such proposed changes and unless we hear from you to the contrary within 14 days following such notification, the amendments and/or new terms will come into effect from the end of that period. If there is any inconsistency between these Terms of Business and the terms of our Engagement Letter (and any Appendix), the Engagement Letter will prevail. You will be considered to have accepted these Terms of Business and the Engagement Letter if you instruct us or accept advice from us after receiving them. In these Terms of Business, our Engagement Letter and any other written communication from us, any reference to a "Partner" means a member of H&Co, or an employee or consultant who is a lawyer with equivalent standing and qualification.

2)Our advice and third parties: Our advice is given on the basis of our experience and understanding of current law, rules and regulations as at the date it is given. From the date of termination of our engagement, we are not obliged to update any advice we had previously given. Our advice is provided solely for the purposes of the engagement and solely to you, our client. Without our prior written consent, our advice may not be used for any other purpose, or disclosed to any person other than your employees or agents who normally have access to your papers and records and your other professional advisers (on terms that they will not make further disclosure). You will not quote or refer to us or our advice in any public document or communication without our prior written consent. Our duty of care is to you as our client and does not extend to third parties. No third party shall have any right to rely on or enforce any term of our agreement with you under the Contracts (Rights of Third Parties) Act 1999 or otherwise, save for Partners and employees of H&Co for the purposes of the limitation of liability as explained in Clause 4 below.

3)Instructions to foreign lawyers and other professional advisors: Where the matter may require advice from a foreign law firm or other professional advisers (including expert witnesses, accountants, tax advisors, PR agencies or other third party professional advisors), you agree that unless otherwise agreed with you, we will instruct such advisors on your behalf and as your agent and that they will be responsible to you for the quality and accuracy of the advice they provide. Before making any such appointment on your behalf, we will consult with you and seek your agreement to the appointment.

4)Limitation of Liability:

4.1The aggregate liability of all H&Co Persons (meaning H&Co and all of its Partners and employees) in contract, tort, under statute or otherwise, for any losses, damages, costs or expenses suffered or incurred by you arising from or in connection with this engagement, however caused, including by our negligence (but not by our fraud, fraudulent misrepresentation or the reckless disregard of our professional obligations) shall be limited to the sum of £3 million. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses attributable to lost profits or opportunities.

4.2H&Co, with your agreement, accepts the benefit of the terms set out in this Agreement as agent and trustee for each H&Co Person referred to above. Any claim (whether in contract, tort, under statue or otherwise) shall be brought only against H&Co and no claim shall be made against any Partner, employee of or consultant to H&Co. Each such Partner, employee and consultant shall be entitled to enforce and to have the benefit of this provision under the Contracts (Rights of Third Parties) Act 1999.

4.3The provisions of this Clause 4 shall not operate to exclude any liability which may not be excluded by any applicable law or by the rules of the Solicitors Regulatory Authority or any other competent authority. In accordance with the Solicitors’ Indemnity Insurance Rules, and the disclosure requirements of the Provision of Services Regulations 2009, H&Co’s compulsory professional indemnity insurer is Endurance Worldwide Insurance Limited (Policy Number PI18END1826).

4.4Where any H&Co Person and any third party such as another professional adviser are jointly and severally liable to you in respect of any loss, liability or cost suffered by you in connection with the engagement (a “Loss”), the extent to which such Loss shall be recoverable by you from H&Co shall be limited in proportion to the H&Co Person’s contribution to the overall fault for such Loss. For the purposes of assessing the contribution to the Loss, you agree that no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement made before or after such Loss was incurred save with our written consent.

5)IP rights: Except as provided to the contrary by law, by the rules of the Solicitors Regulation Authority or any other competent authority, all intellectual property rights and documentation that we create or develop during the course of an engagement shall be our own absolute property.

6)Electronic Communication: We will communicate with and send documents to you and others by e-mail unless you tell us that you do not wish to do so or require any particular categories of documents to be sent by other means. We may also communicate with and make documents available to you and others by other forms of electronic communication. You accept the inherent risks of using electronic communication (including the security risks of interception of or unauthorised access to such e-mail, the risks of corruption of such communication and the risks of viruses or other harmful devices). As internet and e-mail communications are liable to data corruption we cannot accept responsibility for changes made after they are sent or any fraudulent emails purportedly coming from us. You accept that you will be responsible for performing virus checks on your own systems and ensure that emails coming from us are genuine before opening and relying on anything contained within them. Communications to and from you by email may be monitored by us to ensure that proper standards are maintained in the delivery of our services. You should also be aware that under the Regulation of Investigatory Powers Act 2000, our e-mail system and internet may be subject to monitoring and recording by us.

7)Fees and disbursements generally: Details of our charges and any special payment terms will be set out or referred to in our Engagement Letter (and any Appendix thereto). Unless we are acting in accordance with a full conditional fee arrangement or damages based agreement where we have agreed to defer our fees in full until the conclusion of the matter or unless otherwise agreed, we will issue monthly interim invoices during the course of our engagement or at such other appropriate interim stage as appropriate. Our invoices are payable on presentation. If payment is not received within 30 days of delivery of the invoice we reserve the right to charge interest on the outstanding amount at the rate of 3% over the base lending rate from time to time of the Royal Bank of Scotland plc. In addition to our fees we will charge you, and our invoice will include, directly incurred disbursements, significant postage, photocopying and stationery items and, where applicable, VAT at the appropriate rate. We may ask clients to make payments from time to time in advance (i.e. before we incur the costs) to meet anticipated fees or disbursements. If there are any difficulties in meeting these requests promptly, please let us know as soon as possible. In the event that requests for advance payments are not met or interim invoices are not paid, we reserve the right to stop working for you. We are entitled to look to you as our client for settlement of our professional charges. If another party takes responsibility for the payment of these (in whole or in part) but fails for whatever reason to settle these, you will be responsible for settling them.

8)Client money:

8.1Unless we agree otherwise with you, any money that we hold for you will be deposited in our client account with the Royal Bank of Scotland, in accordance with the requirements of the SRA Accounts Rules from time to time. Where a third party wishes to deposit money into our client account on your behalf in connection with our retainer, we may need to satisfy anti- money laundering requirements in respect of the third party before the money can be accepted into our client account.

8.2In accordance with SRA Accounts Rules, where any sums are held on our client account on your behalf, we will account to you for any interest accrued from the date the funds are cleared into our account until the date the amount is paid, save where the interest accrued amounts to less than £20 (or foreign currency equivalent) in any three month period. Unless separately agreed with you interest will be paid at the applicable rate set by Royal Bank of Scotland and accruing on our client account from time to time.

8.3We will not be responsible for any loss due to any mistake or failure by the bank, or by reason of the insolvency or other financial difficulty of the bank and/or the loss by the bank of any licence, authorisation or permission required to carry out banking or deposit-taking activities under applicable law. Insolvency will extend to any voluntary arrangement for a composition of debts, the appointment of a liquidator, the making of a winding up order, the passing of a resolution for voluntary winding up, the appointment of an administrator or administrative receiver or any analogous arrangement and/or the inability of the bank to pay its debts, including any balance on our client account as they fall due.

9)Assessment of Fees: You may be entitled to have our charges reviewed by the Court by a process called "assessment" (and which was formerly known as “taxation”). The procedure is set out in Sections 70, 71 and 72 of the Solicitors Act 1974. You may also have a right to object to our fees and charges by making a complaint to the Legal Ombudsman, contact details for which are provided in our engagement letter.

10)Fixed or conditional fees: Where we have agreed to a fixed or conditional fee arrangement, it will not be a contentious business agreement under Section 57 or 59 of the Solicitors Act 1974. You will have the right to have our fee reviewed by a Court should you chose to do so.

11)Confidentiality and disclosure

11.1We will keep information and documents provided to us for the purposes of the engagement confidential, except to the extent that you agree to allow us to disclose them (in the Engagement Letter or otherwise), where it otherwise is or becomes public, or where disclosure is required by law or by any persons responsible for regulating our business (for example in relation to anti-money laundering compliance, an audit by the Solicitors Regulation Authority or an audit by our accountants or auditors). You authorise under this engagement to share information with the employees and partners of our associate firms, Hausfeld Rechtsanwälte LLP in Germany, Hausfeld LLP in the United States and Hausfeld Advocaten in the Netherlands, subject to compliance with the same confidentiality terms set out in this Clause 11.

11.2We are required, in the same way, to maintain the confidentiality of information provided to us when acting for other clients and cannot disclose that information to you without their express written permission.

12)Data protection

12.1We comply with obligations under data protection legislation in force from time to time and require our clients to do likewise.

12.2Insofar as the information which we acquire in relation to the engagement may contain personal data within the meaning of the EU General Data Protection Regulation, the UK Data Protection Act 2018 or other relevant UK legislation which may supplement or supersede those obligations from time to time, we shall hold, use and process the personal data on the terms set out in our Client Data Protection Policy (“the Policy”) which is attached at Appendix 1.

12.3You agree to comply with the client responsibilities set out in the Policy in relation to any personal data which you share with us for the purposes of the engagement, in particular:

a)that you are authorised to provide us with any personal data which you share for the purposes of the instruction,

b)to ensure that the personal data which you provide to us is accurate and kept up to date, adequate, relevant and the minimum necessary for the purposes of us providing the legal services to you and not subject to any restriction which could prevent you from disclosing it to us or our using it for the purposes of the engagement;

c)that you have complied with all obligations that you may have to relevant individuals in relation to the lawful, fair and transparent processing of personal data in passing it to us and agree to take responsibility for passing on information to the individual in relation to our identity, how we will use that information for the purposes of our instruction on the terms set out in the Policy and the rights of the individual in relation to any personal data which we hold.

12.4We will act as a data controller in relation to any personal data which you provide or we otherwise obtain for the purposes of your instruction on the terms set out in the Policy, including:

a)ensuring that the personal data is used only for the purposes of providing our legal services to you, managing and operating our business and complying with our regulatory and legal obligations as identified in the Policy;

b)determining the extent and means of any processing of the personal data to ensure it complies with the data processing principles set out in GDPR and complying with those principles to the extent that Hausfeld processes personal data including ensuring that any processing is lawful, fair and transparent, necessary for the identified purposes, and the personal data is accurate, adequate, relevant and limited to that needed for the identified purpose;

c)only sharing personal data with third parties where it is necessary for the identified purposes set out in the Policy, ensuring appropriate contractual provisions are in place where personal data is shared for processing with third parties to ensure compliance by those third parties with confidentiality and other obligations in relation to the processing of personal data and that any transfer of the personal data outside of the EEA is on terms which provides equivalent protection to the requirements of GDPR;

d)taking all reasonable technical and organisational measures to protect the integrity and security of the personal data which we hold to guard against unauthorised or unlawful access, alteration, disclosure or destruction of personal data and against accidental loss or destruction of or damage to personal data;

e)retaining the personal data in accordance with our retention policy for the minimum period necessary for the identified purposes and compliance; and

f)compliance with data subject rights as may apply in respect of any personal data which we hold.

12.5As set out in the Policy, you agree that:

a)we may share personal data with partners, staff, and consultants of Hausfeld & Co and its associated entities (Hausfeld LLP and the United States, Hausfeld Rechtsanwälte LLP in Germany and Hausfeld Advocaten in the Netherlands), with third party service providers that we engage to process data for the purposes of your engagement and with other third parties that we engage for the purposes of the operation of our business, subject to ensuring appropriate agreements are in place to ensure the protection and processing of personal data in accordance with data protection obligations;

b)that as a global law firm, we may transfer your personal data to countries outside of the EEA which do not provide the same level of data protection as the UK. If we do make such a transfer then we will ensure that there is an equivalent level of protection to the requirements of the GDPR; and

c)we may use personal data to provide you with information about our services. With your agreement, we may also keep you updated on legal developments that we believe might be of interest. If at any time you do not wish to receive such information you can notify us by using the subscribe option in any emails which we send or by notifying us by email to dataprivacy@hausfeld.com.

12.6Neither party shall, by its acts or omissions, cause the other party to breach its respective obligations under the GDPR or equivalent UK data protection laws. In the event of a breach by either party of their respective obligations under applicable data protection laws, the party in breach shall be liable to the other party for all or any losses incurred by the other party, or for which the other party becomes liable as a result of such breach.

12.7Save as otherwise described in the Policy, personal data will be retained by us and will not be

sold, transferred or otherwise disclosed to any third party, unless such disclosure is required by law or court order.

13)Your documents: You agree that we may store documents and papers electronically. We prefer to return original documents to our clients but reserve the right to store these if you do not instruct us to do otherwise or if we have to do this by law or under rules of the Solicitors Regulation Authority. We reserve the right to charge for storage of documents following the end of our retainer to cover our costs and for retrieving papers or documents from storage. If we charge for this service we will let you know and (unless Clause 14 below applies) give you the option of having the original documents returned to you. Archived files and papers may be destroyed without further notice in accordance with our records policy and any relevant guidelines of the Solicitors Regulatory Authority unless you have previously requested in writing the opportunity to remove them from our archives or expressly asked for them to be retained.

14)Our right to retain funds, papers and property: We reserve the right to retain funds paid as an advance on our fees/disbursements, files and documents belonging to you until all of our outstanding fees and disbursements owed by you have been paid.

15)Financial Services and Markets Act 2000 (FSMA): The provision of our legal services may relate to investments within the meaning of FSMA. H&Co is not authorised by the Financial Conduct Authority to provide investment advice and may refer you to someone who is authorised to provide such advice where required. We are, however, included on the register maintained by the Financial Conduct Authority so that we can carry out insurance distribution activity, which is broadly the advising on, selling and administration of insurance contracts. This allows us to advise on and assist in arranging insurance contracts where this is required in connection with the dispute on which are advising you. This part of our business, including arrangements for complaints or redress or if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fca.org.uk/firms/financial-services-register or by contacting the Financial Conduct Authority on +44 20 7066 1000. We will not provide services constituting insurance distribution activity unless we agree to do so in writing. Our engagement does not and will not include giving you any advice on the merits of entering into any transaction relating to investments, unless we agree in writing to give such advice in relation to insurance distribution activities. Otherwise, we will assume that you have taken, or will take, your own decision to negotiate or enter into any such transaction solely on the basis of your own evaluation of the merits of the transaction and any advice received from a person authorised under the FSMA to give investment advice. We will not communicate, either to you or on their behalf, to any other person any invitation or inducement to engage in investment activity unless that communication is exempt from the FSMA restrictions on financial promotions. Nothing we write or say is intended to be or should be construed as any such invitation or inducement.

16)Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: If you are contracting with us as a consumer pursuant to a distance or off-premises contract, you will have a 14 day period to cancel the contract unless you request us to start working on your behalf before the end of the 14 day period. Where you ask us to do so, the contract cannot be cancelled where the services have been provided in full. Where the services have been partially performed at your request within the 14 day period, you will be liable to pay for the services provided up to the date of cancellation.

17)Money Laundering: In order to comply with our statutory obligations with respect to prevention of money laundering, we may from time to time request you to provide certain

documents in order to verify your identity and the source and destination of any funds being paid into, or out of our client account. Our engagement and our ability to act for you is at all times subject to your complying with any such requests promptly and so that we are satisfied that we have fulfilled our statutory obligations. In certain circumstances we may be required by statute to make a disclosure to the National Crime Agency and may not be permitted to tell you that a disclosure has been made.

18)Bribery/corruption: As a law firm operating globally, we ensure strict compliance with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 and the Foreign Corrupt Practices Act 1977 (USA).

19)Prevention of facilitation of tax evasion: In compliance with our legal and ethical obligations, we ensure strict compliance with the requirements of the Criminal Finances Act 2017, and any equivalent legislation designed to prevent the facilitation of tax evasion. In agreeing to the terms of this engagement, you confirm that: a) you will not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence; b) you will maintain in place such policies and procedures as are reasonable to prevent tax evasion and the facilitation thereof; and c) you will not at any point during our engagement make any request to the firm, or any of its partner, employees or consultants to act in any way which might involve us in the facilitation of any tax evasion offence in breach of the Criminal Finances Act 2017 or otherwise.

20)Benefit: These Terms of Business and our Engagement Letter are entered into by H&Co on its own behalf and on behalf of all Partners, employees and consultants for the purposes of the limitation of liability provisions set out in Clause 3 above.

21)General: If any of the provisions of our Engagement Letter or these Terms of Business is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected. We will not be liable for any delay in or failure to perform our obligations as a result of any cause beyond our reasonable control. Any variation of the terms of our engagement must be made in writing and will not be effective unless signed by each of us. These Terms of Business together with the relevant Engagement Letter form the entire agreement and understanding between us with respect to its subject matter and replace all previous arrangements and understandings between us with respect to the subject of this engagement, which shall cease to have any further force or effect. We reserve the right to assign our rights and/or obligations under our Engagement Letter to any business which is a successor to our current business.

22)Governing Law and Jurisdiction: Our agreement is governed by English Law. The courts of England and Wales shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning our terms of engagement and any matter arising from it.

Appendix

Hausfeld & Co. LLP - Client Data Protection Policy

In the course of acting for you, we will collect personal data as necessary to carry out your instructions, to manage and operate our business and to comply with our legal and regulatory obligations. This may include information relating to you, your directors, shareholders, beneficial owners, employees, consultants and associates, clients, customers or other individuals relevant to the instruction which we refer to in this policy as "personal data".

We will use your personal data primarily to provide legal services to you and in managing and operating our business and complying with our legal and regulatory obligations, as described below. We may also use your personal data to send you information about our services and, where you agree, information relating to legal developments that we believe may be of interest. You have the right to opt out of receiving marketing communications at any time, as explained below.

Our use of personal data is subject to your instructions, our professional duty of confidentiality and the requirements of relevant data protections laws regarding the use and protection of personal data pursuant to the EU General Data Protection Regulation, the UK Data Protection Act 2018 and other relevant UK legislation which may add or supersede those obligations from time to time. This policy sets out:

A.the respective responsibilities of Hausfeld and our clients in respect of personal data which we hold in the course of providing our legal services; and

B.how Hausfeld will use, process, store and share with third parties any personal data which we hold and the rights of the individual to whom the data relates.

A.Allocation of Responsibilities

Where we receive personal data from you, or obtain it from any third party on your behalf in the course of acting for you, Hausfeld will act in the capacity of a data controller, jointly with you. Both parties shall comply with their respective obligations under data protection laws and shall use all reasonable efforts to assist the other to comply with their respective legal obligations, as set out below.

Client responsibilities - In providing personal data to us for the purposes of acting for you, you agree that you will comply with your obligations to ensure:

a)that the personal data which you provide to us is accurate and, where appropriate, kept up to date;

b)that the personal data is adequate, relevant and the minimum necessary for the purposes of us providing the legal services to you;

c)that it is not subject to any prohibition of restriction which could prevent you from disclosing or transferring to us or prevent or restrict our use of it for the purposes of our engagement;

d)that you have complied with all obligations which you may have to relevant individuals in relation to the lawful, fair and transparent processing of personal data in passing it to us and agree to take responsibility for passing on information to the individual in relation to our identity, how we will use that information for the purposes of our instruction, and the rights of the data subject as set out in this policy;

e)that you will comply with obligations for security, international transfer and retention of any personal data which you hold in relation to the matters on which we act for you and compliance with all data subject rights.

Hausfeld responsibilities – where you provide personal data to us or we otherwise obtain this for the purposes of acting for you, we will be responsible for:

a)ensuring that the personal data which you share with us is used only for the purposes of providing our legal services to you and related business purposes, as set out below;

b)determining the extent and means of any processing of the personal data, ensuring that any processing complies with the data processing principles set out in GDPR and complying with those principles to the extent that Hausfeld processes personal data including ensuring that any processing is lawful, fair and transparent, necessary for the identified purposes, and the personal data is accurate, adequate, relevant and limited to that needed for the identified purpose

c)only sharing personal data with third parties where it is necessary for the identified purposes set out in the Policy, ensuring appropriate contractual provisions are in place where personal data is shared for processing with third parties to ensure compliance by those third parties with confidentiality and other obligations in relation to the processing of personal data and that any transfer of the personal data outside of the EEA is on terms which provides equivalent protection to the requirements of GDPR;

d)taking reasonable technical and organisational measures to protect the integrity and security of the personal data which we hold to guard against unauthorised or unlawful access, alteration, disclosure or destruction of personal data and against accidental loss or destruction of or damage to personal data;

e)retaining the personal data in accordance with our retention policy for the minimum periods necessary for the identified purposes and compliance; and

f)compliance with any data subject rights as may apply in respect of any personal data which we hold.

Liability - Neither party shall, by its acts or omissions, cause the other party to breach its respective obligations under the data protection laws. In the event of a breach by either party of their respective obligations under applicable data protection laws, the party in breach shall be liable to the other party for all or any losses incurred by the other party, or for which the other party becomes liable as a result of such breach.

B.Information regarding Hausfeld’s use of personal data We set out below further information regarding:

1.The types of personal data which we may collect and potential categories of data subject;

2.The purposes for which we will process personal data;

3.The circumstances in which we may share personal data with third parties;

4.How we protect and store the personal data which we hold;

5.When we may transfer personal data abroad;

6.How long will we retain personal data;

7.Rights of data subjects to review, update, restrict the use of and/or request the erasure of personal data;

8.Changes to this privacy policy; and

9.Contact details.

1. The personal data which we may collect and potential categories of data subject

We collect personal data as necessary to enable us to carry out your instructions, to manage and operate our business and to comply with our legal and regulatory obligations.

1.1 Personal data and potential categories of data subjects

Personal data may include any information which can be used to identify or be linked to any individual including name, contact information, job title and any associated organisation, qualification, gender, nationality, date of birth or any other personal data. It may relate to:

∙you, your employees, directors, shareholders, beneficial owners, agents and other associates or representatives;

∙your customers, clients or other contacts who are relevant to the matter on which you have instructed us;

∙individuals who provide statements in respect of the matters on which we act for you or whom we may otherwise instruct, or correspond with, in relation to the engagement on your behalf; and

∙individuals otherwise connected with any dispute on which we act on your behalf.

1.2Sources of personal data

Whilst we will obtain the majority of information from you directly, we may also obtain personal data from:

∙public data sources or third-party service providers;

∙our IT systems, reception logs or use of our website (see the Privacy and Cookies Notice on our website);

∙individuals who provide statements in relation to disputes; and

∙documents disclosed by other parties in relation to the matters on which we act for you.

1.3 Special categories of personal data

Personal data may also include special categories of sensitive personal data which relate to an individual’s health, racial or ethnic origin, religious or philosophical beliefs, or information relating to criminal convictions and offences. We will only request and process sensitive personal data:

∙where the individual to whom it relates has given his/her explicit consent for us to do so;

∙for the purposes of providing or obtaining confidential advice;

∙where the information is manifestly made public by the individual;

∙for the establishment, exercise or defence of legal claim; or

∙for the purposes of prevention or detection of fraud or unlawful activity or as otherwise required by law.

2. The purposes for which we will process information

We may process personal data for the following purposes, for any related and/or ancillary purpose which is compatible with the purpose for which it is provided, or any other purpose for which your personal data was provided to us.

2.1 Providing our legal services to you

We will process data that is necessary in responding to your initial enquiry and acting for you pursuant to any agreed engagement. This will also include processing of personal data necessary for the management and administration of our business relationship, including corresponding with you, processing payments, accounting, auditing, billing and collection and support services.

2.2 Processing in our legitimate business interests

We may also process data where processing is necessary for the purposes of our legitimate interests or those of any third party recipients that receive your personal data provided that such interests are not overridden by your own interests or fundamental rights and freedoms. This may be relied on for the purposes of:

∙contacting you about our services and events which we believe may be of interest and internal analysis to identify those area which may be relevant;

∙internal analysis in monitoring and assessing compliance with our policies and standards and assessing and improving the effectiveness of our services and communications to you;

∙for insurance purposes;

∙detecting, preventing and responding to actual or potential fraud or other illegal activities or intellectual property infringement;

∙processing of any personal data which we hold for the operation of our IT and data security systems including backups of any element of our IT systems or databases containing personal data to ensure the resilience of our IT systems and the integrity and recoverability of our data; and

∙processing of any personal data which we hold for the purposes of protecting and asserting our legal rights and those of others in relation to legal claims.

2.3 Compliance with our legal obligations

We may process personal data to comply with our legal, regulatory and professional obligations including:

∙compliance screening, record keeping and recording obligations (for example in complying with anti-money laundering, financial and credit check, fraud and crime prevention and detection purposes);

∙compliance with data subject access requests; and

∙compliance with court orders and regulatory requests and defending and pursuing our legal rights.

2.4 Bulletins and updates

Where you confirm your consent to do so, we will also keep you updated in relation to relevant legal updates, but you can choose not to receive such material at any time by choosing the unsubscribe option in any email update which we send, or by email at any time to dataprivacy@hausfeld.com.

3. The circumstances in which we may share personal data with third parties

We may share your personal data with third parties in the following circumstances, further details of which are available upon request:

∙with our employees, partners and consultants and with other associated Hausfeld entities (Hausfeld LLP in the United States, Hausfeld Rechtsanwälte LLP in Germany and Hausfeld Advocaten in the Netherlands whose details can be found in our Legal Notice (https://www.hausfeld.com/legalnotice) on a confidential basis where required for provision of our legal services, internal administration, billing, and compliance and reporting, promoting our events and services and other business purposes;

∙with other third party advisors and providers in accordance with your instructions and for the purposes of providing our litigation services to you, including (without limitation) where appropriate barristers and their respective Chambers, experts, other professional advisors whom you have instructed, litigation funders and insurers, providers of reprographic, document and disclosure services, foreign lawyers, translators, court transcribers, court officials and providers of electronic court bundles and related services;

∙with third party providers who host the services on which our data is stored, our IT and marketing consultants and other third party providers of business and administrative services, including debt recovery that we may use to assist in business administration and to make our business more efficient from time to time;

∙with third party providers for the purposes of money laundering and other compliance and reference checks and other fraud and crime prevention purposes;

∙with our professional indemnity insurers and brokers and professional advisors as is necessary for the purposes of obtaining and maintaining insurance cover, obtaining professional advice, managing legal disputes and maintaining accounts records and financial audits; and

∙with any third party to whom we assign or novate any of our rights or obligations or any part of our business is sold or transferred to, or integrated with another organization, in which event you will be notified of the transfer and we will ensure a commitment to equivalent compliance with data protection laws.

Any information which we share with third party providers will be pursuant to contractual arrangements which we put in place, which will require that the data is processed only in accordance with our instructions for specified purposes, subject to appropriate security arrangements and applicable data protection laws.

Hausfeld also reserves the right to disclose any information which it holds where it considers in good faith that it is necessary: a) to appropriate courts, law enforcement authorities, governmental or regulatory authorities, if required to do so by law or regulation or by any governmental or law enforcement agency; and b) in order to protect the vital interests of the data subject or of any other individual. Where information is so disclosed, we will inform you of the disclosure to the extent we are permitted by law to do so.

4.How we protect and store the personal data which we hold

We use administrative, technical and physical measures to keep personal data confidential and secure, in accordance with our internal procedures to protect it from being accidentally lost, altered, used, accessed or disclosed in an unauthorised way. Personal data may be held on our data technology systems, those of our third party contractors and/or in paper files. Where we share information with third parties, we will obtain written commitments that they will protect the data with appropriate safeguards.

Although we do our best to ensure the security of your personal data and to use only reputable service providers, no information system can be 100% secure and we cannot guarantee the absolute security of your information, in particular we will not be responsible for the security of any information which you transmit to us over networks that we do not control including the internet and wireless networks or those of third party providers.

We have in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

5.When we may transfer your personal data abroad

As Hausfeld operates globally, in delivering our services to you, we may transfer your personal data abroad for storage or processing where required for any of the purposes set out above, and any of the countries in which Hausfeld and its affiliates, agents or contractors have offices.

Where personal data is transferred to countries outside of the EEA (including the United States) which do not always have the same standard of data protection as those inside the EEA, we will ensure a data protection level equivalent to the minimum level within the EEA, by transferring personal data to a country which the European Commission has determined ensures an adequate level of protection, entering into standard contractual clauses which have been approved by the European Commission, pursuant to the the EU-US Privacy Shield which allows U.S. businesses to self-certify as a means of complying with EU data protection laws or by other similar protective measures.

If you require additional information regarding the specific mechanisms in place in relation to international transfers, please contact us.

6.How long we will retain personal data

Personal data will be retained for as long as necessary for fulfilling our engagement. Following the conclusion of the engagement, personal data will be retained to enable us to respond to any queries, complaints or claims made by you and to the extent permitted for legal, regulatory, fraud and other financial crime prevention and legitimate business purposes. We may also hold data in backup systems which are put in place to maintain the integrity of our IT systems for the minimum retention periods.

Where personal data is held for the purposes of acting for you, it may be retained for the duration of the client agreement and beyond the termination of that retainer in accordance with Hausfeld’s data retention policy which is line with statutory and professional rules on retention of client data. This will usually be a period of 7 years form the end of the matter, but may be longer in appropriate cases. Details can be provided on request on conclusion of the matter. Where necessary, we will also retain personal data where it may be required for Hausfeld to assert or defend any legal claims or otherwise asserts its rights or those of third parties until the end of the relevant retention period or until any claims have been resolved.

7.Rights of data subjects to review, update, restrict the use of and/or request the erasure of personal data

Hausfeld has a legal obligation to ensure that any personal information which it holds remains accurate and up to date and relies on its clients to notify any changes to the information provided. Individuals whose personal data we hold will have rights in relation to the personal data which we hold.

Subject to certain legal conditions, any individual has a right at any time:

∙to request details of any categories of personal data which we hold about you, the purposes for which we process the data and any third parties with whom it is shared. Provided the rights and freedoms of others are not affected we will supply the individual with a copy of the data;

∙to ask us to update or correct any personal information which we hold, object to or ask us to restrict the processing of that personal data for particular purposes. You may object to the processing of personal data for direct marketing purposes and withdraw any consent you have previously given to us at any stage by notifying us by email to dataprivacy@hausfeld.com or using the other contact details below. Where you object to the data being processed for other purposes, we will cease such processing, unless we can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, including compliance with legal obligations and for the purposes of legal claims;

∙where the personal data is no longer necessary for the purposes for which it was collected, you may have the right to request that it be erased but this may be overridden where the data is necessary for other purposes including compliance with a legal obligation or in connection with potential legal claims;

∙where we hold personal data with your consent or for the performance of a contract with you and processing is carried out by automated means, you may have the right to receive your personal data from us in a commonly used format so that it can be transferred to an alternative third party provider, provided it would not adversely affect the rights and freedoms of others; and

∙to lodge a complaint with the appropriate supervisory authority. Contact details for the Information Commissioner’s Office, the supervisory authority in the UK, are provided below.

If you wish to exercise any of your rights in relation to your personal data or raise a complaint, please contact us by email or post using the contact details below. In the event we have any reasonable doubts concerning the identity of the person making the request, we may request additional information prove your identity to prevent unauthorised disclosure of data.

We will consider any requests or complaints which we receive in a timely manner. We reserve the right to charge a reasonable administrative fee for any manifestly unfounded or excessive requests and for any additional copies. If you are not satisfied with our response, you may take your complaint to the Information Commissioner’s Office, the details for which are provided below.

8.Changes to this privacy policy

We may revise and update this Privacy Policy from time to time in order to reflect any changes to the way in which we process your personal data, changes in applicable legal requirements or guidance. We will notify you in the event of any changes.

9.How to contact us

If you require any further information or would like to contact us with any queries or comments, please use the contact details set out below.

∙By email to dataprivacy@hausfeld.com; or by post to the Data Manager, Hausfeld & Co. LLP, 12 Gough Square, London, EC4A3DW

∙Hausfeld & Co is registered in the Data Protection Register of the UK Information Commissioner’s Office under registration number Z1953172. The Information Commissioner’s Office can be contacted via its website https://ico.org.uk or by telephone on 0044 (0)303 123 1113.

SUBSEQUENT CONDITIONAL FEE AGREEMENT

CONFIDENTIAL

Dear Claimant

Subsequent Engagement Terms (following exhaustion of funding budget for our fees) proposed group claim in relation to Mercedes-Benz emissions

1.Background

1.1.We refer to the Engagement Terms which we have agreed with you today setting out the terms on which Hausfeld & Co LLP will provide legal services to you and other claimants in connection with the proposed group claim against Mercedes-Benz and related entities relating to the use of 'defeat devices' in emissions control technology in Mercedes vehicles. We use the defined terms set out in the Engagement Terms.

1.2.Those Engagement Terms cover the payments to be made to us in respect of our fees for work until the agreed budget for our fees in the Funding Agreement is exhausted. Paragraph 6.1 of the Engagement Terms provide that, in respect of those fees, we will act on a the terms of a partial Conditional Fee Agreement under which our Discounted Fees (being 55% of our standard hourly rates or “base fees” (together with VAT) will be payable on a monthly basis with the remaing 45% of our fees (together with VAT) being deferred and subject to a success fee which is 45% of our base fees (together with VAT).

2.Subsequent Engagement Terms (following exhaustion of funding budget for our fees)

2.1.These Subsequent Engagement Terms set out a separate agreement in respect of the payments to be made to us in respect of our fees for work performed after the agreed budget for our fees under the Funding Agreement has been exhausted. We will notify you when that has occurred and this agreement will only apply to cover the fees after we have notified you that the agreed fee budget has been exhausted and so these terms apply. All the work on your claim thereafter will be carried out pursuant to this agreement.

2.2.Although these Subsequent Engagement Terms only apply to work carried out once the agreed fee budget under the Funding Agrement has been exhausted, by signing this agreement you are agreeing these terms in advance.

2.3.We have set out in the attached Schedule the different provisions which will apply under these Subsequent Engagement Terms as follows:

∙Our Fees, Expenses and Disbursements (Clause 6);

∙Costs position on successful outcome to your Claim (Clause 8); and

∙Costs position on unsuccessful outcome to your Claim (Clause 9)

2.4.The revised budget for our fees under these Subsequent Engagement Terms will be notified to the Committee in accordance with paragraph 6.3 and by way of update to paragraph 6.2 of

the Engagement Terms.

2.5.Save for the terms set out above, all other terms of the Engagement Terms are hereby incorporated into these Subsequent Engagement Terms (with any necessary modifications) including the Terms of Business and Privacy Policy.

2.6.In the event of any conflict between these Subsequent Engagement Terms, the terms of the LMA or the terms of the Funding Agreement, the Funding Agreement will take precedence with the exception of any regulatory requirements in respect of which the Subsequent Engagement Terms will apply. Insofar as they are consistent with the Funding Agreement, these Subsequent Engagement Terms will take precedence over the LMA.

3.Cancellation and Termination

3.1.The cancellation rights set out at parargraph 14.1 – 14.3 of the Engagement Terms apply.

3.2.The termination provisions set out at paragraphs 14.4 – 14.7 of the Engagement Terms apply.

4.Complaints

4.1.The complaints provisions set out at paragraph 15 of the Engagement Terms apply.

5.Confidentiality

5.1.Unless as expressly set out in the Subsequent Engagement Terms, our advice is provided only to the Claimants and should not be relied on by any third party. It should be treated as confidential and privileged and not shared with any third party without our written consent, save that it may be required to be disclosed in the course of litigation to the Defendants and/or the Court for the purposes of recovering our costs at the conclusion of the Claim.

If you have any questions regarding these Subsequent Engagement Terms, please let me know.

Yours sincerely

I agree to the terms of this retainer

……………………………………………………..

Claimant

Schedule

Amended Costs Provisions – Clauses 6, 8 and 9 of the Engagement Terms

6.Our Fees, Expenses and Disbursements

Our Fees

6.1.You agree that from the date of these Subseuqent Engagement Terms we will act for you under a Conditional Fee Agreement subject to and in accordance with the terms of section 58 of the Courts and Legal Services Act 1990, whereby:

a)Our Base Fees for work carried out under this agreement (together with VAT) will be fully deferred and only payable if the Claim succeeds.

b)If your Claim is successful, then you will be liable to pay:

∙our Base Fees incurred under this agreement (together with VAT); and

∙a success fee, being 100% of our Base Fees incurred under this agreement (together with VAT) (the “Success Fee”). The Success Fee is payable in addition to the Base Fees in the event of success.

c)If the Claim is not successful, you will not have to pay the Base Fees or the Success Fee save as set out in paragraph 10 relating to the Costs associated with early termination.

6.2.Our Base Fees under this agreement will be calculated based on the time we spend on the Claims at our hourly rates set out in paragraph 3.2 above or as otherwise amended and notified to the Committee from time to time, together with VAT, if applicable.

6.3.Your Claim will be “successful” for the purposes of these Subsequent Engagement Terms if by final judgment or earlier settlement you recover or obtain the right to recover money or costs (whether Common, Individual or Issue Costs), and/or you in any way derive financial gain as a result of your Claim. If you win on any interim application, hearing or issue (including preliminary issues) and costs are ordered to be paid by the Defendant(s), then we will be entitled to recover from you our Base Fees in full of the relevant application, hearing or issue and, if your Claim goes on to succeed, our Success Fee. Paragraphs 7.1 – 7.3 below will also apply to the time incurred by us in connection with that interim application, hearing or issue.

6.4.The level of the Success Fee has been determined taking into account:

a)the fact that it could take several years to negotiate a successful settlement of the Group Claims or to obtain a judgment allowing us to recover our fees;

b)the resources of the Defendants and the likelihood that they will vigorously defend the Group Claims;

c)the relative complexity of the Group Claims, the fact that they involve details of the emissions control and other technology used in Mercedes vehicles, the details of which are not in the public domain and which are subject to ongoing investigations by regulatory authorities and/or their decisions subject to court appeals;

d)the likelihood that the Group Claims could involve some novel issues on the causes of action which can be pursued by Claimants which have not yet been determined by the

courts;

e)the fact that the Group Claims will also revolve around expert analysis on the emissions control technology and the evaluation of the loss to Claimants which has not yet been completed at this stage, will depend on disclosure of information by the Defendants and may remain open to differing interpretations and be heavily disputed by defendants;

f)the fact that our fees are fully deferred and the risk that if the Claim is not successful we will not recover our Base Fees; and

g)the risk that the costs which we are due under these Subsequent Engagement Terms may exceed the amount that we receive pursuant to our commitment under the Priorities Agreement to cap what we receive at 40% of your share of the proceeds of any overall settlement or judgment award, as determined by reference to any offer from the Defendants or otherwise by the Committee in its discretion (the “Damages Award”).

Payment of third-party disbursements and expenses

6.5.Whether or not the Group Claims are successful, you will also be liable for any expenses which we reasonably incur on your behalf in relation to the Group Claims such as court filing fees, courier charges, travel and hotels, translation costs and taxi fares. We will charge these expenses at cost, together with any applicable VAT. We may also charge for any significant photocopying that we may undertake in relation to the Group Claims. These are Disbursement Costs and will be advanced on your behalf by the Funder under and subject to the terms of the Funding Agreement.

6.6.You will also be liable to pay the costs of any third-party service providers required for the purposes of the Group Claims, such as forensic accountants, economists, barristers or data analysts (all such costs being Disbursement Costs). Where possible, if the Committee wishes to do so, we will seek to agree that Disbursement Costs are payable on a contingent or deferred basis (as appropriate) so that they only become due for payment by you at the conclusion of the Group Claim. Where this is not possible (such as in the case of expert witnesses) or third-party providers are not prepared to defer fees, you will be liable to fund Disbursement Costs as they fall due, together with VAT as appropriate.

6.7.Although the Funder will advance the Disbursement Costs on your behalf in accordance with the Funding Agreement, you will remain ultimately liable for our expenses and disbursements (including expenses and disbursements which the Funder is not liable for or does not pay). If the Claim fails then, unless you have breached the Funding Agreement, you will not be obliged to reimburse the Funder for any Disbursement Costs it has paid on your behalf.

Sharing of common costs

6.8.Where our costs are common to you and other Claimants, these will be shared across the Claimants as further set out at section 7 below. We also explain how costs and disbursements will be shared with the HP Claimants when such work is common to the HP Claimants.

Billing

6.9.Pursuant to the terms of the Funding Agreement, the Funder will advance our Discounted Fees and the Disbursement Costs on your behalf up to the value of the Claim Funding under

the Funding Agreement. We will send interim bills for the Disbursement Costs incurred on behalf of you and other Claimants to the Committee for approval on behalf of the Claimants on a monthly basis, or periodically at such other intervals as separately agreed with the Committee and the Funder will meet these costs on an ongoing basis.

6.10.The invoices will be due for payment in accordance with paragraph 7 of our Terms of Business in Schedule 3.

7.Costs position on successful outcome to your Claim

7.1.Pursuant to Clause 6.1 of the LMA, if your Claim is successful, you will receive your Damages Award.

7.2.If your Claim is successful, you will be liable for and we will seek to recover from the Defendants on your behalf, to the fullest extent possible:

a)our Base Fees;

b)any expenses and disbursements that we have incurred in pursuing your Claim; and

c)(if applicable) any VAT which you or the Funder have had to pay on our fees or the expenses and disbursements which you are not able to recover.

You agree that any costs recovered from the Defendants will be paid in accordance with the terms of the Funding Agreement.

7.3.Subject to the provisions of paragraph 8.4 below, you will remain liable to pay the balance of our fees, expenses and disbursements (including your Proportionate Share of the Common Disbursements), comprising:

a)any balance of our Base Fees which are not recovered from the Defendants, together with the Success Fee. The Success Fee is not recoverable from the Defendants and will therefore need to be paid in full by you;

b)the balance of any expenses or disbursements incurred on your behalf which are not recovered in full from the Defendants; and

c)any VAT element or our fees or disbursements which we are required to charge (if appropriate) and which cannot be recovered from the Defendants where you are able to reclaim the VAT;

d)for the avoidance of doubt, unless you breach these Engagement Terms and/or the Funding Agreement, your net liability (after recovery of any costs and/or disbursements from the Defendants) to pay us costs and disbursements under these Engagement Terms cannot in any circumstances exceed the Funding Fee as set out under paragraph 8.4(b) below.

7.4.Your liability for any unrecovered costs under paragraph 8.3 will be covered by the terms of the Funding Agreement under which you agree that:

a)you will receive 60% of the Damages Award (less any unrecovered VAT on our Conditional Fees, as defined in Clause 1 of the Funding Agreement); and

b)40% of the Damages Award (plus any unrecovered VAT on our Conditional Fees) and 100% of any recovered costs will be payable to the Funder to reimburse the Funder for its outlay, cover the Funder’s fee and pay any other outstanding sums to the insurer, us (whether under the Engagement Terms or these Subsequent Engagement Terms),

counsel and the US Consortium as set out in the Funding Agreement.

As per Clause 2.2 of the Funding Agreement and Clause 3.2 of the Priorities Agreement, unless you terminate or breach these Subsequent Engagement Terms and/or the Funding Agreement, your liability for the purposes of paragraph 8.3 and 8.4 above is limited to the cap of the Funding Fee.

7.5.In the event that our fees, disbursements and expenses cannot be agreed with the Defendants and it is necessary to undergo a detailed costs assessment in order to recover the costs, the provisions of this paragraph 8 will, subject to the terms of the Funding Agreement, also apply in respect of that detailed costs assessment.

8.Costs position on unsuccessful outcome to your Claim

8.1If your Claim is unsuccessful, you will not be liable to pay our Base Fees or the Success Fee save in the exceptional circumstances where our engagement is terminated prior to the conclusion of the Claim set out in paragraph 10 relating to the Costs associated with early termination. The Funder also agrees under Clause 2.3 of the Funding Agreement that you will not be obliged to pay back any of the disbursements or expenses (including the Common Disbursements) which have been advanced by the Funder if your Claim is not successful save where you terminate or breach the provisions of the Funding Agreement.

8.2The provisions of Clauses 9.2 and 9.5 of the Engagement Terms are hereby incorporated into these Subsequent Engagement Terms.