IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

STIPULATION RE: SETTLEMENT OF CLASS ACTION; [PROPOSED] ORDER

GRANTING PRELIMINARY APPROVAL (EXHIBIT 1); [PROPOSED] NOTICES RE: PENDENCY OF CLASS ACTION AND SETTLEMENT (EXHIBITS 2 AND 3);

[PROPOSED] ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AND JUDGMENT (EXHIBIT 4); [PROPOSED] CLAIM FORM (EXHIBIT 5); AND

[PROPOSED] CHANGE OF ADDRESS FORM (EXHIBIT 6)

Robert C. Palmer, III, Esq. Florida Bar No.: 316776 SHELL, FLEMING, DAVIS & MENGE, P.A. 226 Palafox Place, Ninth Floor Pensacola, FL 32502 Phone: (850) 434-2411 bpalmer@shellfleming.com

Joseph D. Lee, Esq. (pro hac vice) MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue Fiftieth Floor Los Angeles, CA 90071-3426 Phone: (213) 683-9100 Michael B. DeSanctis, Esq. (pro hac vice) MUNGER, TOLLES & OLSON LLP 1155 F Street, NW Washington, DC 20004 Phone: (202) 220-1102 Skylar D. Brooks, Esq. (pro hac vice) MUNGER, TOLLES & OLSON LLP 560 Mission Street Twenty-Seventh Floor San Francisco, CA 94105-2907 Phone: (415) 512-4000 Attorneys for Defendants AmeriGas Propane, Inc. and AmeriGas Propane, L.P.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff All-

South Subcontractors, Inc. (“Plaintiff” or “All-South”) (as Plaintiff and as Class Representative),

on behalf of itself and the proposed Class of similarly situated individuals, on the one hand, and

Defendants AmeriGas Propane, Inc. and AmeriGas Propane, L.P. (collectively, “Defendant” or

“AmeriGas”), on the other hand, as set forth below:

I. The Conditional Nature of This Stipulation.

This Stipulation Re: Settlement of Class Action is made for the sole purpose of

attempting to consummate settlement of this action on a class basis. This Stipulation and the

settlement it evidences is made in compromise of disputed claims. Because this Stipulation

purports to settle this action on a class basis, this settlement must receive preliminary and final

approval from the Court. Accordingly, the Settling Parties enter into this Stipulation and

associated settlement on a conditional basis. In the event that the Court does not execute and file

the Order Granting Final Approval of Settlement, or in the event that the associated Judgment

does not become Final for any reason, this Stipulation shall be deemed null and void ab initio, it

shall be of no force or effect whatsoever, it shall not be referred to or utilized for any purpose

whatsoever, and the negotiation, terms, and entry of the Stipulation shall remain subject to the

provisions of Florida Evidence Code Rule 90.408.

AmeriGas denies all of the allegations and claims, including as to liability,

damages, penalties, interest, fees, restitution and all other forms of relief as well as the class

allegations asserted in the Litigation. AmeriGas has agreed to resolve the Litigation via this

Stipulation, but to the extent this Stipulation is disapproved by the Court, deemed void, or does

not otherwise take effect, AmeriGas does not waive, but rather expressly reserves, all rights to

challenge all such claims and allegations in the Litigation upon all procedural and factual

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grounds, including without limitation the ability to challenge class treatment on any grounds or

assert any and all defenses or privileges. The Class Representative and Class Counsel agree that

AmeriGas retains and reserves these rights, and agree not to take positions to the contrary;

specifically, the Class Representative and Class Counsel agree not to argue or present any

argument, and hereby waive any argument, that this Stipulation estops or otherwise precludes

AmeriGas from contesting class certification on any grounds if this Litigation were to proceed.

II. The Parties to this Stipulation.

This Stipulation (with the associated exhibits) is made and entered into by and

among the following Settling Parties: (i) Class Representative All-South (on behalf of itself and

each of the Class Members), with the assistance and approval of Class Counsel; and (ii)

AmeriGas, with the assistance of its counsel of record in the Litigation. This Stipulation is

intended by the Settling Parties to fully, finally and forever resolve, discharge and settle the

Released Claims upon and subject to the terms and conditions hereof. This Stipulation is also

intended to result in the resolution with prejudice of the underlying Litigation. This Stipulation

is intended to effectuate the general release of all claims of any nature whatsoever held by the

Class Representative against the AmeriGas Releasees.

III. The Litigation.

All-South Subcontractors, Inc. filed this action on October 31, 2014 as a putative

class action on behalf of itself and others allegedly similarly situated in Florida, and filed an

amended complaint on December 3, 2014. Plaintiff alleged that AmeriGas violated Florida’s

Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq., and

unjustly enriched itself in charging a fuel recovery fee. On September 29, 2015, AmeriGas

moved to dismiss the amended complaint for lack of subject matter jurisdiction and for failure to

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state a cause of action, and also moved to compel arbitration. The trial court granted AmeriGas’s

motion to compel individual arbitration on December 17, 2015, but the Florida First District

Court of Appeal reversed that decision on August 11, 2016. The First District Court of Appeal

denied AmeriGas’ motion for rehearing on December 27, 2016. Following a substitution of

counsel, AmeriGas moved the trial court to dismiss the class allegations on February 6, 2017.

On March 29, 2017, the trial court denied AmeriGas’s motion without prejudice to either side’s

position regarding the arbitrability of claims by absent class members.

Following the above-described motion practice and the exchange of discovery

including document production and interrogatory responses, counsel for AmeriGas and Class

Counsel, both of whom are experienced in these types of cases, began a series of arms-length

negotiations which led to the scheduling of a mediation session with a professional mediator,

Judge Edward A. Infante (Ret.). On July 10, 2017, the Settling Parties held an all-day mediation

session with Judge Infante and reached the agreement reflected herein.

This Stipulation is intended to result in the creation of a settlement class

comprised of all customers of AmeriGas (excluding legacy Heritage Propane customers) who

paid one or more fuel recovery fees based on a delivery of propane or other transaction occurring

in Florida during the Class Period.

Solely for the purpose of settling this case, the parties stipulate and agree that the

requirements for establishing class certification under Florida Rule of Civil Procedure 1.220 with

respect to this class have been met and are met. If this Settlement is not approved by the Court

for any reason, AmeriGas reserves its rights to contest class certification.

This Stipulation, if approved by the Court, will result in the termination with

prejudice of the Litigation through the entry of the Judgment, and the release of all Released

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Claims for all Class Members. The Class Representative will also execute a general release of

all claims.

IV. Defendant’s Denial of Wrongdoing or Liability.

AmeriGas denies all of the claims and contentions alleged by the Class

Representative in the Litigation. Nonetheless, AmeriGas has concluded that further conduct of

the Litigation would be protracted and expensive, and that it is desirable that the Litigation be

fully and finally settled in the manner and upon the terms and conditions set forth in this

Stipulation. AmeriGas has also taken into account the uncertainty and risks inherent in any

litigation, especially in multi-party cases like this Litigation. AmeriGas has therefore determined

that it is desirable and beneficial that the Litigation be settled in the manner and upon the terms

and conditions set forth in this Stipulation.

V. Claims of the Class Representative and Benefits of Settlement.

The Class Representative and Class Counsel believe that the claims presently

asserted in the Litigation have merit and that evidence developed to date supports the claims.

However, the Class Representative and Class Counsel recognize and acknowledge the expense

and length of the type of continued proceedings necessary to prosecute the Litigation against

AmeriGas through trial and through appeals. The Class Representative and Class Counsel have

also taken into account the uncertain outcome and the risk of any litigation, as well as the

difficulties and delays inherent in such litigation. Based upon their evaluation, the Class

Representative and Class Counsel have determined that the settlement set forth in the Stipulation

is in the best interests of the Class Representative and the Class.

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VI. Terms of Stipulation and Agreement of Settlement.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

between the Class Representative (for itself and the Class Members) and AmeriGas, with the

assistance of their respective attorneys of record, that, as among the Settling Parties, including all

Class Members, the Litigation and the Released Claims shall be finally and fully compromised,

settled, and released, and the Litigation shall be resolved with prejudice, as to all Settling Parties,

upon and subject to the terms and conditions of the Stipulation and the Judgment.

1. Definitions.

As used in all parts of this Stipulation, the following terms have the meanings

specified below:

1.1. “AmeriGas” means AmeriGas Propane, Inc. and AmeriGas Propane, L.P.,

the defendants in the Litigation. “AmeriGas Releasees” means AmeriGas and each of its

parents, affiliates, subsidiaries, predecessors, successors, divisions, joint venturers, attorneys, and

assigns and each of these entities’ past or present owners, directors, officers, employees,

partners, members, principals, agents, insurers, co-insurers, re-insurers, shareholders, attorneys,

employee benefit plans, employee benefit plan trustees, fiduciaries, and administrators, and

personal or legal representatives.

1.2. “Change of Name or Address Form” or “Change of Address Form” means

the form Class Members may submit to provide updated name or address information to the

Claims Administrator, in the same or substantially the same manner as set forth in Exhibit 6.

1.3. “Claim Deadline” means the date one hundred and twenty (120) days after

the date that the Claims Administrator mails the Postcard Notice to the Class.

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1.4. “Claim Form” means the form Class Members may submit to certify their

entitlement to payment under this settlement, in the same or substantially the same manner as set

forth in Exhibit 5.

1.5. “Claims Administrator” means the third-party claims administration firm

of Dahl Administration.

1.6. “Class” means the collective group of all customers of AmeriGas,

excluding Legacy Heritage Propane Customers, who paid one or more fuel recovery fees based

on a delivery of propane or other transaction occurring in Florida during the Class Period.

1.7. “Class Counsel” means Price Armstrong, LLC, and Taylor, Warren &

Weidner, P.A.

1.8. “Class Member” or “Member of the Class” means an AmeriGas customer

who is a member of the Class.

1.9. “Class Notice” or “Notice” or “Notice to Class Members” means the

Postcard Notice and Long Form Notice to be approved by the Court, which shall be submitted to

the Court substantially in the form attached hereto as Exhibits 2 and 3, respectively. These

documents will be formatted by the Claims Administrator, and they will not appear on pleading

paper when ultimately distributed to Class Members. The Notices will be posted on the website

established by the Claims Administrator per Paragraph 2.11.19.

1.10. “Class Period” means the period from October 31, 2010 through and

including June 30, 2012 for Residential Customers and from October 31, 2010 through and

including December 31, 2012 for Commercial Customers.

1.11. “Class Representative” means Plaintiff All-South Subcontractors, Inc.

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1.12. “Commercial Customers” means customers who are designated by

AmeriGas as “commercial” or “non-residential” customers in the ordinary course of business.

1.13. “Court” means the Circuit Court of the First Judicial Circuit in and for

Escambia County, Florida.

1.14. “Effective Date” means the date on which the Judgment becomes Final.

1.15. “Final” means the point at which the Judgment has become final and

irreversible because the latest of the following dates has occurred: (i) the date the Court enters

final judgment, and (ii) any appellate rights with regard to this Settlement have expired or been

exhausted with the judgment affirmed and undisturbed. Notwithstanding the foregoing, any

proceeding or order, or any appeal or petition for a writ pertaining solely to the award of

attorneys’ fees or costs shall not, by itself, in any way delay or preclude the Judgment from

becoming Final.

1.16. “FDUTPA” means Florida’s Deceptive and Unfair Trade Practices Act,

Fla. Stat. § 501.201, et seq.

1.17. “Judgment” means the judgment to be rendered by the Court pursuant to

its order granting final approval of this Stipulation, substantially in the form attached hereto as

Exhibit 4.

1.18. “Last Known Address” or “Last Known Addresses” means the most

recently recorded mailing address for a Class Member as such information is contained in

customer or billing records maintained by AmeriGas.

1.19. “Legacy Heritage Customers” means customers of Heritage Propane who

became AmeriGas customers as a result of AmeriGas’ acquisition of Heritage Propane on or

about January 12, 2012.

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1.20. “Litigation” means the lawsuit captioned All-South Subcontractors, Inc. v.

AmeriGas Propane, Inc. et al., Circuit Court of the First Judicial Circuit in and for Escambia

County, Florida, Case No. 2014 CA 002077.

1.21. “Long Form Notice” means the longer of the two notices to Class

Members that provides further information about the settlement, to be submitted to the Court

substantially in the form attached hereto as Exhibit 3. The contents of the Long Form Notice

will be posted on the website established by the Claims Administrator and will be mailed to

Class Members who request it, per the instructions provided in the Postcard Notice.

1.22. “Maximum Settlement Portion for Payments to Participating Claimants”

means the Settlement Amount minus (a) the amount the Court awards for Class Counsel’s

attorney’s fees, (b) the amount the Court awards for Class Counsel’s litigation costs and

associated expenses, (c) the amount the Court awards for the Class Representative’s incentive

award, and (d) the total settlement administration costs for implementing this settlement,

including without limitation class notice and claims administration.

1.23. “Notice Mailing Deadline” means the date twenty-one (21) days after the

Preliminary Approval Date.

1.24. “Opt Out” or “Opt Outs” means written requests by Class Members, in the

form specified in the Class Notice, to be excluded from the Settlement Class.

1.25. “Order of Final Approval” or “Order Granting Final Approval of

Settlement” means an order to be entered and filed by the Court, to be submitted to the Court

substantially in the form attached hereto as Exhibit 4, which form shall include the Judgment.

1.26. “Participating Claimant” means all Members of the Settlement Class who

submit a Qualifying Claim Form.

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1.27. “Postcard Notice” means the notice to Class Members that will be mailed

to Class Members at their Last Known Addresses via postcard, to be submitted to the Court

substantially in the form attached hereto as Exhibit 2. The contents of the Postcard Notice will

be posted on the website established by the Claims Administrator as set forth in this Stipulation.

1.28. “Preliminary Approval Date” means the date on which the Court enters

the Preliminary Approval Order.

1.29. “Preliminary Approval Order” means an order executed and filed by the

Court, to be submitted to the Court substantially in the form attached hereto as Exhibit 1.

1.30. A “Qualifying Settlement Claim Certification Form” or “Qualifying Claim

Form” means a Claim Form that is fully completed, is properly executed, and is timely submitted

to the Claims Administrator, i.e., submitted on or before the Claim Deadline via the website to be

established by the Claims Administrator, or returned by mail with a postmark on or before the

Claim Deadline.

1.31. A “Reasonable Address Verification Measure” means the utilization of the

National Change of Address Database maintained by the United States Postal Service to review

the accuracy of and, if possible, update a mailing address.

1.32. “Released Claims” means any and all claims (including without limitation

Unknown Claims), demands, rights, liabilities and causes of action of every nature and

description whatsoever, including without limitation statutory, constitutional, contractual or

common law claims, whether known or unknown, whether or not concealed or hidden, whether

arising under federal or state law, against the AmeriGas Releasees, or any of them, that arise

from or relate to any fuel recovery fees paid during the Class Period, including without

limitation, claims under the FDUTPA, any and all claims pled in the Litigation, and claims for

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damages, unpaid costs, penalties, liquidated damages, punitive damages, interest, attorneys’ fees,

litigation costs, restitution, or equitable relief.

1.33. “Residential Customers” means customers who are designated by

AmeriGas as “residential” customers in the ordinary course of business.

1.34. “Settlement Amount” means the maximum gross amount that AmeriGas

shall pay under the terms of this Stipulation, which is $1,800,000. This amount shall cover all

expenses, fees, costs, and awards associated with the settlement, including (a) all payments to

Participating Claimants; (b) Class Counsel’s attorneys’ fees to be paid in accordance with the

terms set forth in Paragraph 2.8.1, which is a maximum of $600,000; (c) the maximum gross

amount for all of Class Counsel’s and the Class Representative’s litigation costs and associated

expenses, which is $30,000; (d) claims administration costs, which are estimated at $60,000; and

(e) the maximum gross amount for the class representative incentive award to be made by

AmeriGas to the Class Representative, in accordance with the terms set forth in Paragraph 2.8.2,

which is $10,000. AmeriGas will not under any circumstances pay more than the Settlement

Amount.

1.35. “Settlement Class” or “Settlement Class Members” means the group of all

Class Members who do not opt out of the Class by submitting Opt Outs pursuant to Paragraph

2.5.1, and thus means the collective group of all of the Class Members who will become subject

to and bound by the Judgment if the Effective Date occurs, regardless of whether they submit

Claim Forms.

1.36. “Settlement Hearing” means a hearing set by the Court to take place on or

about the date which is sixty-five (65) days after the mailing of the Postcard Notice for the

purpose of determining the fairness, adequacy and reasonableness of the Stipulation and

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associated settlement pursuant to class action procedures and requirements, including awarding

of attorneys’ fees, costs, and an incentive award, and entering Judgment.

1.37. “Settlement Hearing Motion Date” shall mean the date on which the

motion for final approval is filed pursuant to Paragraph 2.5.7, and this date shall be

approximately 7 days prior to the Settlement Hearing.

1.38. “Settlement Sum” means the total, gross amount due to an individual

Participating Claimant, which shall be the product of 0.40 multiplied by the total dollars paid in

fuel recovery fees by that Participating Claimant to AmeriGas based on a delivery of propane or

other transaction occurring in Florida during the Class Period, based on data maintained in

AmeriGas’s records in the ordinary course of business, unless the following event occurs: If the

total settlement amounts due to Participating Claimants using the 0.40 multiplier would exceed

the Maximum Settlement Portion for Payments to Participating Claimants, the Settlement Sum

for each Participating Claimant shall be adjusted ratably so that the total payments to

Participating Claimants equal the Maximum Settlement Portion for Payments to Participating

Claimants.

1.39. “Settling Parties” means (a) AmeriGas, on the one hand; and (b) the Class

Representative on behalf of itself and all Members of the Settlement Class, on the other hand.

1.40. “Stipulation” means this agreement and all of its attachments and exhibits,

which the Settling Parties understand and agree sets forth all material terms and conditions of the

settlement between them, and which is subject to Court approval.

1.41. “Unknown Claims” means those Released Claims which the Class

Representative or any Class Member does not know or suspect to exist in his, her, or its favor at

the time of the entry of the Judgment, and which, if known by him or her might have affected

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his, her, or its settlement with or release of the AmeriGas Releasees, or might have affected his,

her, or its decision to opt out of the Settlement Class or to object to this settlement. The Class

Representative and each Settlement Class Member may hereafter discover facts in addition to or

different from those which he, she, or it now knows or believes to be true with respect to the

subject matter of the Released Claims, but the Class Representative and each Settlement Class

Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment

shall have, fully, finally, and forever settled and released the Released Claims. The Class

Representative acknowledges, and the Settlement Class Members shall be deemed by operation

of the Judgment to have acknowledged, that the foregoing waiver was separately bargained for

and a key element of the settlement of which this release is a part. It is understood and agreed

that Unknown Claims include only those claims that meet the definition of Released Claims.

1.42. “Updated Address” means a mailing address that was updated via a

Reasonable Address Verification Measure or via an updated mailing address provided by the

United States Postal Service or a Class Member.

2. The Settlement.

2.1. Consideration to Settlement Class Members.

2.1.1. Within thirty (30) days of the Claim Deadline, and only if the Effective

Date occurs, AmeriGas, through the Claims Administrator, and according to the terms,

conditions, and procedures set forth in this Stipulation, shall pay each Participating Claimant his,

her, or its respective Settlement Sum.

2.1.2. The only Class Members entitled to any payment under this Stipulation

and the associated Judgment are Participating Claimants.

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2.2. Taxes. The Participating Claimants shall be solely responsible for the

reporting and payment of any federal, state and/or local income or other tax or any other

withholdings, if any, on any of the payments made pursuant to this Stipulation. AmeriGas makes

no representations, and it is understood and agreed that AmeriGas has made no representations,

as to the taxability of any portions of the settlement payments to any Participating Claimants, the

payment of any costs or attorneys’ fee awards, any payments to the Class Representative, or any

other payments made pursuant to this Stipulation. The Long Form Notice will advise Class

Members to seek their own tax advice prior to acting in response to that notice.

2.3. Approval of Notice to the Classes and Scheduling of a Settlement Hearing.

2.3.1. The Class Representative, through Class Counsel, shall file this

Stipulation with the Court and move for preliminary approval of this Stipulation. Class Counsel

will provide an advance copy of this motion to counsel for AmeriGas. Via this submission, and

a supporting motion, the Class Representative, through Class Counsel, will request that the Court

enter the Preliminary Approval Order thereby scheduling the Settlement Hearing for the

purposes of granting final approval of the settlement, granting final approval of this Stipulation,

and entering Judgment. Via this same motion, the Class Representative, through Class Counsel

shall advise the Court of this Stipulation.

2.3.2. Failure of the Court to enter the Preliminary Approval Order in its entirety

or in a substantially similar form following the efforts of the Settling Parties to obtain such entry

will be grounds for the Settling Parties to terminate the settlement and this Stipulation.

2.3.3. If the Court enters the Preliminary Approval Order more than twenty (20)

days after the hearing on the motion for preliminary approval, Class Counsel and counsel for

AmeriGas shall meet and confer to reach agreement on any necessary revisions of the deadlines

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and timetables set forth in this Stipulation. In the event that the Settling Parties fail to reach such

agreement, any of the Settling Parties may apply to the Court via a noticed motion for

modification of the dates and deadlines in this Stipulation, provided that such a request to the

Court may seek only reasonable modifications of the dates and deadlines contained in this

Stipulation and no other changes.

2.3.4. If the Court enters the Preliminary Approval Order, then at the resulting

Settlement Hearing, the Class Representative and AmeriGas, through their counsel of record,

shall address any written objections from Class Members, any concerns from Class Members

who attend the hearing, and any concerns of the Court. Unless the Stipulation is terminated or

voided per its terms, the Settling Parties and their counsel will seek approval of the Stipulation

and entry of the Judgment by the Court.

2.4. Notice to Class Members.

2.4.1. If, by entering the Preliminary Approval Order, the Court provides

authorization to send the Notice to Class Members, AmeriGas, through the Claims

Administrator, will facilitate the mailing of the Postcard Notice to all Class Members at their

Last Known Addresses. All the Postcard Notices shall be sent by first class mail through the

United States Postal Service, postage pre-paid, and the contents of the Postcard Notice and Long

Form Notice will be posted on a website established by the Claims Administrator as set forth in

Paragraph 2.11.19 of this Stipulation. The Postcard Notice shall provide a website address at

which Class Members can view the documents specified in Paragraph 2.11.19, submit Claim

Forms, and submit a Change of Address Form. The Postcard Notice shall also provide a toll free

telephone number maintained by the Claims Administrator that Class Members can call to

request that any documents made available on the website (including without limitation the Long

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Form Notice, Change of Address Form, Claim Form) be mailed to them, and the Claims

Administrator shall promptly mail any such documents as requested by Class Members by U.S.

mail, postage prepaid. With any Change of Address Forms or Claim Forms mailed to customers,

the Claims Administrator shall also include a postage-prepaid return envelope. No Settling Party

shall send any other materials to any Class Member relating to this Stipulation, provided that

Class Counsel may respond to individual inquiries from Class Members, and provided further

that AmeriGas may communicate with Class Members who are existing AmeriGas customers in

the normal course of business, including with respect to this settlement in the event that such

customers first inquire about the settlement.

2.4.2. The Postcard Notice shall be marked to denote the return address of the

Claims Administrator as listed on the Claim Form.

2.4.3. AmeriGas shall compile information respecting the name and Last Known

Address, and total dollars paid in fuel recovery fees by each Class Member to AmeriGas based

on a delivery of propane or other transaction occurring in Florida during the Class Period so that

the Claims Administrator can engage in the processing and mailing of each Postcard Notice, and

carry out the associated claims and payment process. This information will not be provided to

the Class Representative or Class Counsel. The total dollars paid in fuel recovery fees by each

Class Member in Florida during the Class Period and the calculation of the Settlement Sums will

be determined by reference to AmeriGas’s records, which shall be presumed to be correct. In the

event that a Participating Claimant disputes the amount of his, her, or its Settlement Sum or the

total dollars the Participating Claimant paid in fuel recovery fees for Florida transactions during

the Class Period, the Claims Administrator shall consult with AmeriGas and provide it the

opportunity to honor the dispute and make the increased payment. If AmeriGas disputes the

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challenge, the Settling Parties shall meet and confer in an effort to resolve the matter, and if they

are unable to do so, they shall seek a determination from the Claims Administrator as to the

proper amount of the Settlement Sum for the individual in question before raising any such issue

with the Court.

2.4.4. Prior to mailing the Postcard Notice to each Class Member, the Claims

Administrator shall undertake a Reasonable Address Verification Measure to ascertain the

current accuracy of the Last Known Address of each Class Member. To the extent this process

yields an Updated Address, that Updated Address shall replace the Last Known Address and be

treated as the new Last Known Address for purposes of this Stipulation and for subsequent

mailings.

2.4.5. The Notice Mailing Deadline is the last date for the Claims Administrator

to mail the Postcard Notices to the Last Known Address of each Class Member and post the

Notices on the website established per this Stipulation.

2.4.6. All costs of the mailing described in Paragraph 2.4.1 (including, for

example, the fees charged by the Claims Administrator; the cost of reproducing the Postcard

Notices; the cost of postage to send the Postcard Notices; the cost of reproducing and the cost to

send the Long Form Notices and associated documents and response forms, if Class Members

request that these documents be sent to them by mail per the instructions provided in the

Postcard Notice; the cost of return envelopes and pre-paid postage for the return envelopes for

Claim Forms and Change of Address Forms, if Class Members request that these documents be

sent to them by mail per the instructions provided in the Postcard Notice; and the costs of

maintaining the website established per this Stipulation), shall be included in the portion of the

Settlement Amount allocated for claims administration costs.

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2.4.7. Unless the Claims Administrator receives a Postcard Notice returned from

the United States Postal Service for reasons discussed below in this paragraph, each Postcard

Notice shall be deemed mailed and received by the Class Member upon mailing. In the event

that subsequent to the first mailing of a Postcard Notice, and prior to the Claim Deadline, a

Postcard Notice is returned to the Claims Administrator by the United States Postal Service with

a forwarding address for the recipient, the Claims Administrator shall re-mail a Postcard Notice

to the forwarding address, that Postcard Notice will be deemed mailed and received at that point,

and the forwarding address shall be deemed the Updated Address for that Class Member. In the

event that subsequent to the first mailing of a Postcard Notice, and prior to the Claim Deadline, a

Postcard Notice is returned to the Claims Administrator by the United States Postal Service

because the address of the recipient is no longer valid, e.g., the Postcard Notice is marked

“Return to Sender,” the Claims Administrator shall undertake another Reasonable Address

Verification Measure to attempt to ascertain the current address of the particular Class Member

in question and, if such an address is ascertained, the Claims Administrator will re-send that

Postcard Notice within five (5) days of receiving such information. If no Updated Address is

obtained for that Class Member through this second effort, a Postcard Notice shall be sent again

to the Last Known Address, and in either event, the Postcard Notice shall be deemed received

once it is mailed for the second time. In the event that subsequent to the second mailing of a

Postcard Notice, and on or after the Claim Deadline, a Postcard Notice is returned to the Claims

Administrator by the United States Postal Service because the address of the recipient is no

longer valid, i.e., the Postcard Notice is marked “Return to Sender,” the Claims Administrator

shall be required to take no further action with that Postcard Notice and it shall be deemed to

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have been delivered. Nothing in this Paragraph 2.4.7 shall be deemed to extend the Claim

Deadline.

2.5. Responses to the Notice; Motion for Final Approval.

2.5.1. Class Members may elect to opt out of the Class and thus exclude

themselves from the Class. Class Members who wish to exercise this option must mail to the

Claims Administrator a timely, fully completed Opt Out election consistent with the instructions

contained in the Notice. To be effective, Opt Outs must be received no later than fourteen (14)

days before the Settlement Hearing; if an Opt Out is not received by the Claims Administrator

from a Class Member on or before such date, then that Class Member will be deemed to have

forever waived his, her, or its right to opt out of the Settlement. Class Members who do not

properly submit Opt Outs shall be deemed Members of the Settlement Class. Class Members

who properly submit Opt Outs shall have no further role in the Litigation, and for all purposes

they shall be regarded as if they never were parties to this Litigation.

2.5.2. Class Members who have not filed a valid Opt Out may become

Participating Claimants. Class Members who wish to exercise this option and receive payment

under this settlement must fully complete, execute, and mail, or electronically submit, per the

instructions therein, the Claim Form. If a Qualifying Settlement Claim Certification Form is not

submitted electronically on or before the Claim Deadline, or if submitted by mail is not

postmarked on or before the Claim Deadline, then that Class Member will be deemed to have

forever waived his, her, or its right to be a Participating Claimant and receive payment under this

settlement. As long as they do not properly submit Opt Outs, Class Members who do not submit

Qualifying Settlement Claim Certification Forms shall be deemed Members of the Settlement

P a g e | 20

Class and shall be subject to the Order of Final Approval and the Judgment. Only Participating

Claimants shall be entitled to payment pursuant to the Stipulation and the Judgment.

2.5.3. Class Members who have not submitted a valid Opt Out have the option to

participate in this Litigation at their own expense by obtaining their own attorney(s). Class

Members who choose this option will be responsible for any attorneys’ fees or costs incurred as a

result of this election. The Long Form Notice will advise Class Members of this option.

2.5.4. Class Members who have not submitted a valid Opt Out may object to the

Stipulation by submitting written objections to the Claims Administrator. To be considered by

the Court, such objections must be received no later than fourteen (14) days before the

Settlement Hearing. The Postcard Notice and Long Form Notice shall advise Class Members of

this option. Any Class Member who fails to object in the manner described below, shall be

deemed to have waived his, her, or its objections and will be forever barred from making any

such objections in the Litigation, and in any other action or proceeding. The Claims

Administrator shall immediately provide any objections to the Settling Parties (regardless of their

timeliness), who shall subsequently provide them to the Court during the final approval process.

The Settling Parties agree to respond to any objections at the Settlement Hearing.

2.5.5. An objection to the Stipulation shall be signed by the objector; shall

clearly state a desire to object to the Settlement Agreement; shall reference the “All-South v.

AmeriGas Propane Settlement”; and shall include the following information: (a) the objecting

party’s name, signature, address, telephone number, and (if available) AmeriGas customer

number; (b) a notice of intention to appear at the Settlement Hearing, either in person or through

an attorney, with the name, address, and telephone number of the attorney, if any, who will

appear; (c) certification that the objecting party is a Member of the Class; (d) a statement of each

P a g e | 21

objection asserted; (e) a statement of the facts underlying each objection, including the legal

authorities, if any, relied upon; (f) copies of exhibits and affidavits, if any, the objecting party

may offer at the Settlement Hearing; and (g) a list of all witnesses, if any, the objecting party

may call to testify at the Settlement Hearing.

2.5.6. To the extent that a Class Member timely submits an incomplete Claim

Form (i.e., not all spaces have been completed), the Claims Administrator shall promptly send

that Class Member a “cure letter” by U.S. mail, postage prepaid, advising him, her, or it of the

deficiency and giving him, her, or it the opportunity to correct the deficiency no later than the

Claim Deadline or fifteen (15) days after the cure letter is sent, whichever is later, provided that

this paragraph shall in no way extend the Claim Deadline for any Class Members to whom a cure

letter is not sent. If no response to this cure letter is received, the Settlement Parties shall meet

and confer to determine if the original Claim Form was indeed deficient. The submission of an

incomplete Claim Form will create a presumption that the Class Member intended to become a

Participating Claimant. To the extent that a Class Member timely submits both an Opt Out and a

Qualifying Claim Form (i.e., contradictory forms), the Claims Administrator shall send that

Class Member a “cure letter” advising him, her, or it of the contradiction and giving him, her, or

it the opportunity to select which form should be deemed submitted, and if no response is

received, the Class Member shall be deemed a Participating Claimant.

2.5.7. Class Members who, for future reference and mailings from the Court or

Claims Administrator, if any, wish to change the name or address listed on the Postcard Notice

that was mailed to them, must either (a) add their new address information to a timely submitted

Opt Out or Claim Form; or (b) fully complete and submit, per instructions provided by the

Claims Administrator, the form entitled “Change of Name or Address Information.” All name or

P a g e | 22

address change requests must be submitted online, or, if mailed, must be postmarked, on or

before the Claim Deadline. To the extent that a Class Member requests a replacement Postcard

Notice, Long Form Notice, Claim Form, or Change of Address Form prior to the Claim

Deadline, the Claims Administrator shall provide that Class Member with a replacement thereof.

2.5.8. Prior to the Settlement Hearing and consistent with the rules imposed by

the Court, the Class Representative shall move the Court for entry of the Order of Final Approval

(and the associated entry of Judgment). Class Counsel shall provide advance notice of this

motion to AmeriGas. Within four (4) days of the filing of this motion, the Claims Administrator

shall post the motion on the website established for the settlement per this Stipulation. Through

this motion, the Class Representative shall advise the Court of this Stipulation. The Settling

Parties shall make all reasonable efforts to secure entry of the Order of Final Approval. If the

Court rejects the Stipulation, or fails to enter the Order of Final Approval and Judgment, the

Stipulation shall be void ab initio, and AmeriGas shall have no obligations to make any

payments under the Stipulation. In the event that the Stipulation becomes void for this or any

other reason, AmeriGas agrees to pay the reasonable fees and costs already incurred by the

Claims Administrator and retains all rights to challenge all claims and allegations in the

Litigation upon all procedural and factual grounds, including without limitation the ability to

challenge class action treatment on any grounds or assert any and all defenses.

2.6. Timing of Payment to Claimants.

2.6.1. Within fourteen (14) days of the Claim Deadline, the Claims

Administrator shall provide counsel for AmeriGas with a report listing all Qualifying Claim

Forms submitted by Participating Claimants and the Settlement Sum to be paid to each

Participating Claimant pursuant to this Stipulation. In the event AmeriGas disputes any such

P a g e | 23

calculation or determination, the Parties will meet and confer with one another and the Claims

Administrator in a good faith attempt to resolve any such dispute, prior to raising the matter with

the Court.

2.6.2. In accordance with the terms of Paragraphs 2.1.1 and 2.1.2, AmeriGas,

through the Claims Administrator, shall issue to each Participating Claimant a check or checks

from an account administered by the Claims Administrator but funded by AmeriGas. AmeriGas,

through the Claims Administrator, shall mail such checks to each Participating Claimant at his,

her, or its Last Known Address, or Updated Address if obtained. Checks issued to Participating

Claimants pursuant to this Stipulation shall remain negotiable for a period of one hundred and

twenty (120) days from the date of mailing. The funds associated with any checks that are not

properly or timely negotiated within one hundred and twenty (120) days from the date of mailing

shall remain the property of AmeriGas and will not be included in any distributions to Class

Members or be subject to cy pres or other payment or distribution. Participating Claimants who

fail to negotiate their settlement checks in a timely fashion shall remain subject to the terms of

the Stipulation and the Judgment.

2.6.3. Following the mailing of the payments pursuant to Paragraph 2.6.2, the

Claims Administrator shall provide counsel for the Settling Parties with a written confirmation

that such payments have been made.

2.7. Releases and Dismissals.

2.7.1. Upon the Effective Date, Class Representative and each of the Settlement

Class Members shall be deemed to have, and by operation of the Order of Final Approval and the

Judgment shall have, fully, finally, and forever released, dismissed with prejudice, relinquished,

and discharged all Released Claims.

P a g e | 24

2.8. Payment of Costs, Attorneys’ Fees, and Class Representative Incentive

Awards.

2.8.1. Class Counsel shall be entitled, subject to Court approval and the

occurrence of the Effective Date, to an award of attorneys’ fees and litigation costs and

associated expenses, not to exceed the amounts specified herein. Subject to Court approval,

Class Counsel may seek a gross amount up to, but not to exceed, $600,000 for all attorneys’ fees,

and a gross amount up to, but not to exceed, $30,000 for all litigation costs and associated

expenses. The Class Representative and Class Counsel agree that they shall be responsible for

obtaining approval of any requested fee, cost, and expense awards from the Court, and they agree

to submit the necessary materials to do so for hearing at the Settlement Hearing. AmeriGas

agrees not to oppose any submission regarding, or request for approval of, an award of attorneys’

fees, costs, and expenses, provided that it is consistent with this Paragraph 2.8.1 of this

Stipulation and, in particular, provided that AmeriGas not be required to pay any more than

$630,000 in total to Class Counsel for all attorneys’ fees, costs, and expenses combined. In the

event that the Court (or appellate court) awards less than the $630,000 maximum gross amount

for attorneys’ fees, costs and expenses, only the awarded amounts shall be paid and shall

constitute full satisfaction of any claims for attorneys’ fees, costs and expenses in the Litigation.

If the Effective Date occurs, no more than two (2) business days after the Effective Date,

AmeriGas shall make or cause to be made, by wire transfer to such account or accounts as are

hereafter specified by Class Counsel, payment of any attorneys’ fees, costs, and expenses

awarded by the Court pursuant to this Paragraph 2.8.1 to Class Counsel, and prior to AmeriGas

making this payment, Class Counsel shall provide counsel for AmeriGas with the pertinent

taxpayer identification numbers for the payees and Form(s) W-9. Other than any reporting of

P a g e | 25

this fee payment as required by this Stipulation or law, which AmeriGas shall make, Class

Counsel and the Class Representative shall alone be responsible for the reporting and payment of

any federal, state and/or local income or other form of tax on any payment made pursuant to this

paragraph. Payments awarded and made pursuant to this paragraph shall constitute full

satisfaction of any claim for attorneys’ fees, costs, or expenses incurred in this Litigation, and the

Class Representative and Class Counsel, on behalf of themselves and all Settlement Class

Members, agree that they shall neither seek nor be entitled to any additional attorneys’ fees,

costs, or expenses under any theory, nor shall they seek amounts in excess of those specified

herein. Other than as provided in this Paragraph 2.8.1 for the limited purpose discussed herein,

no party shall be deemed the prevailing party in the Litigation for any purpose.

2.8.2. Provided that the Effective Date occurs, and within two (2) business days

thereof, AmeriGas will forward a check payable to All-South Subcontractors, Inc., via its

counsel of record, in the gross amount of ten thousand dollars ($10,000); provided, however, that

if the Court approves a lesser amount, payment shall be in such amount(s) as the Court orders.

This payment shall be the total compensation and consideration for (i) All-South’s efforts as

class representative in the Litigation; and (ii) its execution of this Stipulation, by reason of which

All-South Subcontractors, Inc. (separate and in addition to the releases provided for in Paragraph

2.7 hereof), on its own behalf and on behalf of its affiliated, subsidiary, and parent corporations

and organizations, together with their respective members, shareholders, directors, officers,

partners, attorneys, insurers, and administrators, employees, agents, successors and assigns, past

and present, hereby releases, acquits, and discharges the AmeriGas Releasees, and each of them,

from any and all claims, demands, claims for costs and attorneys’ fees, or causes of action of any

kind whatsoever (upon any legal or equitable theory whether contractual, common law, statutory,

P a g e | 26

federal, state or otherwise), whether known or unknown, that arose, accrued or took place at any

time on or prior to the Effective Date, including without limitation the Released Claims and all

claims pled in the Litigation, which will also be dismissed with prejudice per the Order of Final

Approval and the Judgment. All-South Subcontractors, Inc. expressly represents and warrants

that it has not assigned or in any way conveyed, transferred, or encumbered all or any portion of

the claims or rights released by this Stipulation. This incentive award of $10,000 is separate

from and in addition to any payments from the Settlement Sum to which All-South

Subcontractors, Inc. is entitled to under this Stipulation. All-South Subcontractors, Inc. shall be

deemed a Participating Claimant such that it will not be sent a Class Notice and may, but is not

required to, submit a claim. In the event that the Court (or appellate court) awards less than the

$10,000 incentive award to All-South Subcontractors, Inc., the unawarded portion shall remain

the property of AmeriGas and will not be included in any distributions to Class Members.

2.8.3. Unless otherwise expressly provided, AmeriGas shall have no

responsibility for, and no liability whatsoever with respect to, the allocation among All-South

Subcontractors, Inc., Class Counsel, and/or any other person or entity who may assert some

claim thereto, of any award or payment issued or made pursuant to Paragraph 2.8.1. or 2.8.2.

2.9. Claims Administrator.

2.9.1. All fees and expenses reasonably incurred by the Claims Administrator as

a result of procedures and processes expressly required by this Stipulation shall be paid by

AmeriGas and taken from the Settlement Amount. The Class Representative and Class Counsel

shall have no responsibility for such fees or expenses, whether or not the Effective Date occurs.

The total amount charged by the Claims Administrator shall not exceed $100,000.

P a g e | 27

2.9.2. The actions of the Claims Administrator shall be governed by the terms of

this Stipulation. The Settling Parties shall work cooperatively to ensure that the Claims

Administrator receives information necessary to carrying out its responsibilities. The Claims

Administrator shall, on a reasonable basis, keep Class Counsel and AmeriGas’s Counsel apprised

of its progress, its efforts, and of the response from Class Members and of any other

communications received by members of the Class, concerning the settlement. The Claims

Administrator shall provide Class Counsel and AmeriGas’s Counsel, at least ten (10) days prior

to the Settlement Hearing, a declaration of due diligence and proof of mailing with respect to (i)

the mailing of the Notice, (ii) attempts to locate Class members, (iii) the number of Class

Members for whom the Notice was ultimately undeliverable; and (iv) objection and Opt Out

rates.

2.9.3. In the event that any of the Settling Parties take the position that the

Claims Administrator is not acting in accordance with the terms of the Stipulation, that party’s

counsel shall meet and confer with counsel for the other Settling Parties prior to raising any such

issue with the Claims Administrator or the Court.

2.10. Termination or Voidance of Settlement or Stipulation.

2.10.1. In the event that the Stipulation is not substantially approved by the Court

or the settlement set forth in the Stipulation is terminated, cancelled, or declared void, or fails to

become effective in accordance with its terms, or if the Judgment does not become Final, the

Settling Parties shall resume the Litigation at that time as if no Stipulation had been entered, with

each of the Settling Parties bearing its own costs and fees with regard to the efforts to implement

this Stipulation and obtain Court approval, and no payments whatsoever being made by

AmeriGas to anyone in accordance with the terms of this Stipulation, except that AmeriGas will

P a g e | 28

be responsible for any reasonable costs incurred by the Claims Administrator up to the point in

time that the Stipulation is terminated, cancelled, or declared void. In such event, any Judgment

or order entered by the Court in accordance with the terms of the Stipulation shall be treated as

vacated nunc pro tunc, and the Stipulation shall have no further force and effect with respect to

the Settling Parties, and shall not be used in this Litigation or in any other proceeding for any

purpose, including in relation to issues of class certification. Specifically, the Class

Representative and Class Counsel agree not to argue or present any argument, and hereby waive

any argument, that this Stipulation precludes AmeriGas from contesting class certification on

any grounds if this Litigation were to proceed. This Stipulation shall not be deemed an

admission by, or ground for estoppel against, AmeriGas that class certification in the Litigation

is proper or cannot be contested on any grounds. The terms, negotiation, and entry of this

Stipulation and the settlement shall remain subject to Florida Evidence Code Rule 90.408,

regardless of whether this Stipulation or the settlement are terminated, cancelled, or declared

void.

2.10.2. If the Court changes the dates of hearings provided for in this Stipulation

by fewer than six (6) months, this shall not be deemed a substantial change necessitating

termination of the settlement, providing that the Settling Parties agree to adjust other dates and

deadlines in the Stipulation accordingly.

2.10.3. In the event that more than five percent (5%) of Class Members opt out of

the Settlement Class by submitting Opt Outs pursuant to Paragraph 2.5.1, AmeriGas shall have

the right (but shall not be required) to terminate and void this settlement and Stipulation.

2.10.4. Notwithstanding any other provision of this Stipulation, no order of the

Court or modification or reversal on appeal of any order of the Court concerning the amount or

P a g e | 29

allocation of any attorneys’ fee or litigation cost or expense awards or class representative

incentive award to be paid by AmeriGas shall constitute grounds for cancellation or termination

of the Stipulation or grounds for limiting any other provision of the Order of Final Approval or

the Judgment, provided that AmeriGas shall never be required to pay in excess of the total gross

amounts for attorneys’ fees and litigation costs and expenses and incentive awards specified in

Paragraphs 2.8.1 and 2.8.2. It is further agreed that no order of the Court, including any order

concerning attorneys’ fees, may increase the Settlement Amount.

2.10.5. Unless otherwise ordered by the Court, in the event the Stipulation shall

be terminated, cancelled, or declared void, or fails to become effective in accordance with its

terms, or if the Judgment is finally reversed on appeal, within thirty (30) days after written

notification of such event, AmeriGas and Class Counsel shall notify each other of this event in

writing.

2.11. Miscellaneous Provisions.

2.11.1. No person or entity shall have any claim against Class Counsel, the

Claims Administrator, or counsel for AmeriGas based on the payments made or other actions

taken substantially in accordance with the Stipulation and the settlement contained therein or

further orders of the Court.

2.11.2. The Settling Parties (a) acknowledge that it is their intent to consummate

this agreement; and (b) agree to exercise their best efforts to obtain Court approval, secure entry

of the Order of Final Approval and the Judgment, and implement all terms and conditions of the

Stipulation.

2.11.3. The Stipulation compromises claims which are contested in good faith,

and it shall not be deemed an admission by any of the Settling Parties as to the merits of any

P a g e | 30

claim or defense. The Settling Parties agree that the amounts paid in settlement and the other

terms of the settlement were negotiated at arms-length and in good faith by the Settling Parties,

and reflect a settlement that was reached voluntarily after consultation with competent legal

counsel.

2.11.4. The Settling Parties agree that the Claim Deadline shall not be extended,

and no untimely submissions or claims will be honored, under any circumstances, unless, and

only unless, a Class Member can sufficiently demonstrate that his, her, or its failure to respond to

the Notice was the product of proven good cause, such as the fact that he or she was legally

incompetent during the notice response period, e.g., he or she was incarcerated or hospitalized,

or he or she was away from his or her address for the entire notice period due to military service;

provided, however, no untimely submissions or claims will be honored for any reason or under

any circumstances if they are not received by the Claims Administrator at least seven (7) days

prior to the deadline for mailing payments to Participating Claimants pursuant to Paragraph

2.6.1. If there are disputes about whether a Class Member has proven good cause to make an

untimely submission, the Settling Parties shall meet and confer and attempt to resolve the issue

prior to raising it with the Court. The Settling Parties agree that the establishment and

enforcement of the Claim Deadline is valuable consideration to AmeriGas, and the finality

provided thereby is a material aspect of this agreement. Any ruling to the contrary by the Court

or any ruling allowing the filing of any responses to the Notice following the Claim Deadline

shall be grounds for AmeriGas to void the Stipulation.

2.11.5. Neither the Stipulation nor the settlement, nor any act performed or

document executed pursuant to, or in furtherance of, the Stipulation or the settlement: (a) is or

may be deemed to be or may be used as an admission of, or evidence of, the validity of any

P a g e | 31

Released Claim, or of any wrongdoing or liability of AmeriGas; or (b) is or may be deemed to be

or may be used as an admission of, or evidence of, any fault or omission of AmeriGas, in any

civil, criminal or administrative proceeding in any court, administrative agency, or other tribunal.

2.11.6. All of the exhibits to the Stipulation are material and integral parts hereof

and are fully incorporated herein by this reference.

2.11.7. The Stipulation may be amended or modified only by a written instrument

signed by or on behalf of all Settling Parties or their respective successors-in-interest.

2.11.8. The Stipulation, including the exhibits thereto, constitutes the entire

agreement among the Settling Parties hereto and no representations, warranties, or inducements

have been made to any party concerning the Stipulation or its exhibits other than the

representations, warranties, and covenants contained and memorialized in such documents.

Except as otherwise provided herein, each party shall bear its own costs.

2.11.9. Class Counsel are expressly authorized by the Class Representative to take

all appropriate action required or permitted to be taken by the Class pursuant to the Stipulation to

effect its terms, and also are expressly authorized to submit and enter into any modifications or

amendments to, or documents or pleadings filed in support of, the Stipulation on behalf of the

Class which they deem appropriate.

2.11.10. Each counsel or other person executing the Stipulation or any of its

exhibits on behalf of any party hereto hereby warrants that such person has the full authority to

do so.

2.11.11. The Stipulation may be executed in one or more counterparts by

email or facsimile. All executed counterparts and each of them shall be deemed to be one and

P a g e | 32

the same instrument. A complete set of original executed counterparts shall be filed with the

Court.

2.11.12. The Stipulation shall be binding upon, and inure to the benefit of,

the successors and assigns of the parties hereto; but this Stipulation is not designed to and does

not create any third party beneficiaries.

2.11.13. Notwithstanding entry of the Order of Final Approval and the

Judgment, the Court shall retain jurisdiction with respect to implementation and enforcement of

the terms of the Stipulation, and all parties hereto submit to the jurisdiction of the Court for

purposes of implementing and enforcing the settlement embodied in the Stipulation.

2.11.14. The Stipulation and the exhibits hereto shall be considered to have

been negotiated, executed, and delivered, and to have been wholly performed, in the State of

Florida, and the rights and obligations of the parties to the Stipulation shall be construed and

enforced in accordance with, and governed by, the internal, substantive laws of the State of

Florida without giving effect to that State’s choice of law principles.

2.11.15. The language of all parts of this Stipulation shall in all cases be

construed as a whole, according to its fair meaning, and not strictly for or against either party.

No party shall be deemed the drafter of this Stipulation. The parties acknowledge that the terms

of the Stipulation are contractual and are the product of negotiations between the parties and

their counsel. Each party and its counsel cooperated in the drafting and preparation of the

Stipulation. In any construction to be made of the Stipulation, the Stipulation shall not be

construed against any party.

P a g e | 33

2.11.16. At no time shall the Claims Administrator or AmeriGas be

requested or required to provide Class Counsel or the Class Representative with the Last Known

Address or other contact information of Class Members.

2.11.17. The parties to this agreement recognize and acknowledge that at

the time of the execution of this Stipulation, there are issues of law that may be unresolved which

could affect the claims at issue in the Litigation absent this Stipulation. The parties further

recognize that they are reaching this settlement in light of the risks created by these and all other

issues of unsettled law, and that all parties will take all efforts to enforce this Stipulation and

obtain Court approval for this settlement regardless of any subsequent legal developments. The

Settling Parties and Class Counsel agree that the proposed classes are receiving benefit from this

settlement by obtaining a settlement (and associated consideration) prior to such possible

developments, and the Settling Parties and their counsel agree not to argue otherwise or seek to

void this settlement or prevent court approval on the basis of any subsequent precedent.

2.11.18. Prior to the submission of this Stipulation and settlement

agreement for preliminary approval by the Court, neither the Class Representative, Class

Counsel, AmeriGas, or AmeriGas Counsel shall communicate any terms of this settlement to any

third parties. Following the submission for preliminary approval and thereafter, the Class

Representative, Class Counsel, AmeriGas, and AmeriGas Counsel shall not publicize the

settlement in this action or the terms thereof via (a) press releases; (b) Internet postings except

for simply posting publicly filed court documents; or (c) any form of communications with the

media. This shall not prohibit Class Counsel from discussing this case or any aspect of this

settlement with the Class Representative, any Class Member (absent or otherwise) in this case, or

APPROVED AS TO FORM:

DATED: Augustl2, 2017

DATED: Augustm 2017

DATED: August, 2017

PRICE ARMSTRONG, LLC

NICHOLAS W. ARMSTRONG

OSCAR M. PRICE

By:

NICHOLAS

Class Counsel for Plaintiff ALL-SOUTH

SUBCONTRACTORS, INC. and the putative class

TAYLOR, WARREN & WEIDNER, P.A.

J. PHILLIP WARREN

KEITH WEIDNER

C. PHIL HALL

Class Counsel for Plaintiff ALL-SOUTH

SUBCONTRACTORS, INC. and the putative class

MUNGER, TOLLES & OLSON LLP

JOSEPH D. LEE

MICHAEL B. DESAISTCTIS

SKYLAR D. BROOKS

B7:

JOSEPH D. LEE

Counsel for Defendants AMERIGAS PROPANE, INC,

and AMERIGAS PROPANE, L.P.

P a g e i35

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL AND SETTING

SETTLEMENT HEARING

Plaintiff All-South Subcontractors, Inc.’s motion for an order preliminarily

approving a class settlement and setting a settlement hearing, came on for hearing on or about

August 25, 2017. Defendants AmeriGas Propane, Inc. and AmeriGas Propane, L.P.

(collectively, “AmeriGas”) do not oppose the motion. The Court has considered the Stipulation

Re: Settlement of Class Action (and its exhibits), the submissions of counsel, and all other papers

filed in this action. The matter having been submitted and good cause appearing therefore, the

Court finds as follows:

1. All defined terms contained herein shall have the same meanings as set

forth in the Stipulation Re: Settlement of Class Action executed by the Settling Parties and filed

with this Court (the “Stipulation”);

2. The Parties per the terms of the Stipulation, have reached an agreement to

resolve the Litigation and settle all Released Claims;

3. The Class consists of all customers of AmeriGas (excluding customers of

Heritage Propane who became AmeriGas customers as a result of AmeriGas’ acquisition of

2

Heritage Propane on or about January 12, 2012) who paid one or more fuel recovery fees based

on a delivery of propane or other transaction occurring in Florida during the Class Period;

4. The Court conditionally finds that, for the purposes of approving this

settlement only and for no other purpose and with no other effect, the proposed Class meets the

requirements for certification under Rule 1.220 of the Florida Rules of Civil Procedure: (a) the

Members of the Class are ascertainable and so numerous that separate joinder of each member is

impracticable; (b) there are questions of law or fact common to the Class; (c) the claims of the

Class Representative, All-South Subcontractors, Inc., are typical of the claims of the Members of

the Class; (d) the Class Representative has fairly and adequately protected the interests of the

Members of the Class; (e) questions of law or fact common to the Class predominate over any

question of law or fact affecting only individual Members of the Class, and class representation

is superior to other available methods for the fair and efficient adjudication of this controversy,

especially given the settlement context here; and (f) Class Counsel are qualified to serve as

counsel for the plaintiff in its individual and representative capacities and for the Class;

5. The moving party has presented to the Court for review a Stipulation Re:

Settlement of Class Action. The Stipulation is within the range of reasonableness and meets the

requirements for preliminary approval;

6. The moving party has also presented to the Court for review a plan to

provide notice to the Members of the proposed Class which sets out the terms of the settlement

and the Class Members’ options including, inter alia, their options (i) to opt out of the Class, (ii)

to remain in the Class; (iii) to be represented by counsel of their choosing, (iv) to object to the

terms of the settlement, and (v) to seek to become Participating Claimants by submitting Claim

Forms. The Postcard Notices will be mailed to all Class Members at their Last Known

3

Addresses, and a Long Form Notice will be made available by the Claims Administrator on a

website identified in the Postcard Notice, which will also include a toll free number that Class

Members can call to request mailing of the Long Form Notice, Claim Form, and Change of

Address Form. The plan regarding Notices proposed by the Settling Parties is the best practical

under the circumstances and satisfies pertinent due process requirements and the requirements of

Florida Rule of Civil Procedure 1.220.

Good cause appearing therefore, IT IS HEREBY ORDERED that:

1. Pursuant to Florida Rule of Civil Procedure 1.220, the Class is

provisionally certified, and the Stipulation of Settlement is preliminarily approved;

2. Notice of the proposed settlement, and the rights of Class Members to opt

out of the settlement or become Participating Claimants, shall be given by mailing of the

Postcard Notice by first class mail, postage prepaid, to all Class Members pursuant to the

applicable provisions in the Stipulation. AmeriGas shall provide the Claims Administrator with

the information necessary to conduct this mailing as set forth in the Stipulation;

3. The Court hereby appoints, for settlement purposes only, Plaintiff All-

South Subcontractors, Inc. as Class Representative;

4. The Court hereby appoints, for settlement purposes only, Price Armstrong,

LLC, and Taylor, Warren & Weidner, P.A. as Class Counsel;

5. The Court hereby appoints Dahl Administration as the Claims

Administrator;

6. AmeriGas has agreed to pay Class Counsel their reasonable attorneys’ fees

in this matter in the maximum total gross amount not to exceed $600,000 as well as costs in this

matter up to the maximum gross amount of $30,000, and AmeriGas has agreed to pay an

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incentive award of $10,000 to the Class Representative to reimburse it for its unique services and

execution of general releases. The Court preliminarily finds that these amounts are fair and

reasonable;

7. A hearing shall be held before this Court on November 20, 2017 at _____

_.m. to consider whether the settlement should be given final approval by the Court, including

consideration of any objections by Class Members properly submitted under the terms of the

Stipulation of Settlement, and whether the Court should grant approval of Plaintiff’s motion for

attorneys’ fees, reimbursement of expenses, and a class representative incentive award. At this

hearing, Class Members who have filed timely written objections may be heard orally in support

of, or in opposition to, the settlement or the award of attorneys’ fees, costs, or an incentive

award.

8. In the event that the Effective Date occurs, all Settlement Class Members

will be deemed to have forever released and discharged the Released Claims. In the event that

the Effective Date does not occur for any reason whatsoever, the Stipulation shall be deemed null

and void and shall have no effect whatsoever;

9. Prior to the Settlement Hearing, Plaintiff shall file a motion for final

approval of the settlement and award of attorneys’ fees, costs, and incentive awards; and

10. The Court orders the following implementation schedule for further

proceedings:

Event Timing

(a) Notice Mailing Deadline (i.e., deadline for settlement administrator to mail Postcard Notices to class members)

September 15, 2017 (21 days after Preliminary Approval Date)

(b) Deadline for Opt-Outs and Objections to be received by the Claims

November 6, 2017 (14 days before the Final Approval Hearing)

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Administrator, in accordance with the requirements set out in the Stipulation of Settlement

(c) Deadline for Class Counsel to file motion for final approval of settlement and motion for attorneys’ fees, costs, and Class Representative incentive award

November 13, 2017 (7 days before Final Approval Hearing)

(d) Final Approval Hearing and hearing on motion for fees, costs and incentive award

November 20, 2017 at ___ _.m. (65 days after Class Notices are mailed)

(e) Deadline for Class Members to submit claims

January 15, 2018 (120 days after Class Notices are mailed)

(f) Claim administrator to provide report on valid and timely claims

January 29, 2018 (14 days after Claim Deadline)

(g) Deadline to mail payments to Participating Claimants

February 14, 2018 (30 days after Claim Deadline, assuming Effective Date has occurred)

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: August 25, 2017

The Honorable Edward P. Nickinson, III Florida Circuit Court Judge

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

[PROPOSED] POSTCARD NOTICE TO SETTLEMENT CLASS MEMBERS RE:

PENDENCY OF CLASS ACTION AND SETTLEMENT

LEGAL NOTICE Notice of Proposed Class

Action Settlement

A court authorized this notice. This is not a solicitation from a lawyer. Please read this notice

carefully as your legal rights may be affected.

You might be eligible for payment from a class action settlement if you paid AmeriGas Propane fuel recovery fees for

transactions occurring in Florida between 10.31.2010 and 6.30.2012 (if you are a

residential customer) or between 10.31.2010 and 12.31.2012 (if you are a commercial customer).

1-800-XXX-XXXX www.[website].com

All-South Subcontractors, Inc. v. AmeriGas Propane, Inc. et al. Claims Administrator [Address] [City, State, Zip]

[Name] [Address] [City, State, Zip]

First-Class Mail

US Postage Paid

Permit #

This is to notify you that a settlement has been reached in a lawsuit entitled All-South Subcontractors, Inc. v.

AmeriGas Propane, Inc. et al., Circuit Court of the First Judicial Circuit in and for Escambia County, Florida, Case No. 2014 CA 002077, which alleges that fuel recovery fees charged by AmeriGas violated Florida’s consumer protection statute. AmeriGas denies the claims, and contends that any fuel recovery fees were appropriate and lawful. The Court has not decided who is right. Instead, both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation.

Who’s Included? The settlement includes customers of AmeriGas (excluding customers of Heritage Propane who became AmeriGas customers as a result of AmeriGas’ acquisition of Heritage on January 12, 2012) who paid one or more fuel recovery fees to AmeriGas based on a delivery of propane or other transaction occurring in Florida during the “Class Period,” which is (a) from October 31, 2010 through and including June 30, 2012 for residential customers and (b) from October 31, 2010 through and including December 31, 2012 for commercial customers. AmeriGas’ records show that you are one of these customers, referred to in this Notice as “class members.”

Your Options. Subject to the Court’s approval of the settlement, class members can obtain payment by submitting a qualifying claim form. Such forms can be submitted electronically or by mail, in either event no later than [DATE]. You must submit a claim form to receive a payment under the settlement. You can obtain a full notice of the proposed settlement and download a claim form by visiting www.[website].com or by calling the Claims Administrator at 1-800-xxx-xxxx. The maximum payment each class member will receive is 40% of the total dollars they paid in fuel recovery fees based on transactions in Florida during the Class Period. The payment to each class member may ratably decrease from this amount if the total settlement payments due to class members who timely submit qualifying claim forms would exceed $1.8 million after deducting any court-approved (i) attorneys’ fees to class counsel (of up to 1/3 of the settlement amount, subject to court approval), (ii) court costs, (iii) an incentive award to the Class Representative (All-South Subcontractors, Inc.), and (iv) the costs of administering the settlement.

If you do nothing, you will be bound by the settlement and you will release all claims relating to fuel recovery fees paid to AmeriGas for Florida transactions during the Class Period. If you do not want to be legally bound by the settlement, you must exclude yourself by submitting a request to opt out. If you do not exclude yourself, you may object to the settlement. You also have the right to have your lawyer appear in the lawsuit on your behalf. Requests to opt out, objections and requests to appear must be received no later than [DATE].

The Court will hold a hearing on [DATE] at [LOCATION], 190 Governmental Center, Pensacola, FL 32502 to consider whether to approve (a) the settlement; (b) an award of attorneys’ fees to counsel for the Class, who will request 33% of the settlement amount; (c) reimbursement of class counsel’s litigation costs; (d) an incentive award to the class representative, All-South Subcontractors; and (e) the plan for allocating and distributing payments to qualifying class members.

For further information about the settlement, or to obtain a claim form or instructions on how to exclude yourself from or object to this settlement, go to www.[website].com or call the Claims Administrator at 1-800-xxx-xxxx.

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

[PROPOSED] LONG FORM NOTICE TO SETTLEMENT CLASS MEMBERS RE:

PENDENCY OF CLASS ACTION AND SETTLEMENT

2

NOTICE OF PENDING CLASS ACTION – PLEASE READ THIS NOTICE

CAREFULLY AS YOUR LEGAL RIGHTS MAY BE AFFECTED.

THIS DOCUMENT SUPPLEMENTS THE NOTICE SENT TO CLASS MEMBERS

VIA POSTCARD, PROVIDING FURTHER INFORMATION AS TO THE SETTLEMENT IN

A LAWSUIT ENTITLED ALL-SOUTH SUBCONTRACTORS, INC. v. AMERIGAS PROPANE,

INC., ET AL. THE SETTLEMENT AFFECTS AMERIGAS CUSTOMERS IDENTIFIED IN

AMERIGAS’ RECORDS AS FOLLOWS: (A) RESIDENTIAL CUSTOMERS WHO PAID

ONE OR MORE FUEL RECOVERY FEES TO AMERIGAS BASED ON A DELIVERY OF

PROPANE OR OTHER TRANSACTION OCCURRING IN FLORIDA FROM OCTOBER 31,

2010 THROUGH AND INCLUDING JUNE 30, 2012; AND (B) COMMERCIAL

CUSTOMERS WHO PAID ONE OR MORE FUEL RECOVERY FEES TO AMERIGAS

BASED ON A DELIVERY OF PROPANE OR OTHER TRANSACTION OCCURRING IN

FLORIDA FROM OCTOBER 31, 2010 THROUGH AND INCLUDING DECEMBER 31,

2012.

THIS LONG FORM NOTICE PROVIDES YOU WITH FURTHER INFORMATION

ON THE CLASS SETTLEMENT, WHICH MAY AFFECT YOUR RIGHTS AS WELL AS

YOUR ABILITY TO PARTICIPATE IN THE SETTLEMENT.

THE FOLLOWING RECITATION DOES NOT CONSTITUTE THE FINDINGS OF

THE COURT. IT SHOULD NOT BE UNDERSTOOD TO BE AN EXPRESSION OF THE

COURT’S VIEWS ON THE MERITS OF ANY CLAIM OR DEFENSE RAISED BY THE

PARTIES.

I. INTRODUCTION AND SUMMARY

This is to notify you of a lawsuit entitled All-South Subcontractors, Inc. v. AmeriGas

Propane, Inc. et al., Circuit Court of the First Judicial Circuit in and for Escambia County,

3

Florida, Case No. 2014 CA 002077, which concerns the charging of fuel recovery fees by

AmeriGas in connection with transactions occurring in Florida. You previously received a

Notice via postcard because AmeriGas’ records indicate that you may be one of the customers

who paid AmeriGas a fuel recovery fee in Florida during the pertinent period. This Long Form

Notice provides instructions on the options available to you – in particular, it will explain your

options:

Receive a Settlement Payment If you do not opt out of the settlement, you can

participate in the settlement by submitting a claim form. Your claim form must be submitted online at www.[WEBSITE].com no later than [CLAIM DEADLINE] or if mailed, postmarked no later than that date. Instructions on how to submit claims appear below in Section V.B.

Exclude Yourself from (or “opt out of”) the Settlement

If you do not want to be a part of the settlement and do not want to be subject to the release of claims set forth below, you must submit an opt out request that is received no later than [14 DAYS BEFORE SETTLEMENT HEARING]. Instructions on how to do this appear below in Section V.C.

Object to the Settlement

If you want to object to the settlement, and you have not excluded yourself from the settlement, you must submit a written objection that is received no later than [14 DAYS BEFORE SETTLEMENT HEARING]. Instructions on how to do this appear below in Section V.D.

II. THE CUSTOMERS RECEIVING THIS NOTICE

All-South Subcontractors, Inc. (“All-South”), a customer of AmeriGas, is pursuing this

lawsuit as a class action. In class actions, one or more individuals bring claims on behalf of

themselves and also seek to bring those claims on behalf of others who allegedly have similar

claims.

4

AmeriGas denies all of All-South’s claims. It contends that its fuel recovery fee is

properly calculated and is charged fairly, and that AmeriGas has always disclosed its fuel

recovery fee to customers fairly and accurately. AmeriGas also contends that if this lawsuit were

to proceed, it could not properly go forward on a class basis. Nevertheless, AmeriGas has agreed

to resolve this lawsuit in the fashion set forth herein, to avoid the expense and disruption of

litigation.

This Notice and the proposed settlement affect all customers of AmeriGas (excluding

customers of Heritage Propane who became AmeriGas customers as a result of AmeriGas’

acquisition of Heritage Propane on or about January 12, 2012) who paid one or more fuel

recovery fees to AmeriGas based on a delivery of propane or other transaction occurring in

Florida during the “Class Period,” which is (a) from October 31, 2010 through and including

June 30, 2012 for residential customers, and (b) from October 31, 2010 through and including

December 31, 2012 for commercial customers. All such customers are referred to in this Notice

as “class members” or collectively as “the Class.”

III. THE ALLEGATIONS BY ALL-SOUTH

All-South alleges that AmeriGas violated Florida’s Deceptive and Unfair Trade Practices

Act (“FDUTPA”), Fla. Stat. § 501.201, et seq., and unjustly enriched itself in charging fuel

recovery fees. All-South alleges that AmeriGas’ fuel recovery fee is deceptive because it

allegedly bears no relation to AmeriGas’ actual fuel costs. All-South sought to bring the lawsuit

on behalf of all persons who paid AmeriGas fuel recovery fees for propane that was delivered in

Florida from October 31, 2010 to the date of class notice.

AmeriGas has reviewed the claims in this lawsuit in detail, and it denies them. It is

AmeriGas’ position that the fuel recovery fee is calculated monthly by AmeriGas’ finance

department, based on actual data reflecting AmeriGas fuel costs and the total number of

5

deliveries made, and a fair and accurate description of the fee appears on AmeriGas invoices,

AmeriGas’ website, and AmeriGas’ terms and conditions. Although AmeriGas believes that it

has always accurately and fairly disclosed its fuel recovery fees to customers and has strong

arguments to prevail in the lawsuit, it has chosen to work with All-South and its lawyers to

resolve this matter to avoid the expense and disruption of litigation.

IV. DESCRIPTION OF THE SETTLEMENT

A. Summary of the Settlement

On behalf of the Class, All-South has reached a voluntary settlement agreement with

AmeriGas. The total maximum amount of the settlement is $1,800,000. This amount is referred

to below as the “Settlement Amount.” This amount will cover payments to participating class

members as well as (i) attorneys’ fees payable to class counsel, (ii) reimbursement of class

counsel’s litigation expenses, (iii) a class representative incentive award, and (iv) the costs of

administering the settlement.

Neither AmeriGas nor its employees have admitted any liability or wrongdoing. A full

copy of the settlement agreement, which is entitled the Stipulation Re: Settlement of Class

Action, as well as other public documents filed with regard to this matter, can be inspected in the

Office of the Court Clerk (see below) or at this website: [WEBSITE ADDRESS]. The Court has

granted preliminary approval of the settlement, and the Court has directed the parties to send this

Notice.

As set forth in greater detail in the Release of Claims section below, class members

who do not opt out of the settlement will give up any claims against AmeriGas and its

affiliates relating to any fuel recovery fees paid during the Class Period. Class members

who opt out of the settlement will not give up their claims, but they will not receive any

payment under this settlement.

6

B. What Will I Get Under the Settlement?

To obtain payment, you must submit a claim form establishing your eligibility to

participate in the settlement. A claim form entitled “Settlement Claim Form” is posted at this

website: [WEBSITE ADDRESS]. You can also request that a claim form be mailed to you, by

calling <TOLL FREE NUMBER>.

The payments to class members will be calculated according to the total dollars they paid

in fuel recovery fees to AmeriGas based on transactions occurring in Florida during the Class

Period, based on data maintained in AmeriGas’ records in the ordinary course of business. The

maximum amount each class member will receive is 40% of the total dollars paid in fuel

recovery fees based on transactions occurring in Florida during the Class Period. The payment

to each class member may ratably decrease from this amount if the total settlement payments due

to class members who timely submit qualifying claim forms would exceed the Settlement

Amount after deducting the following amounts as are approved by the Court: (i) attorneys’ fees,

(ii) litigation expenses, (iii) a class representative incentive award, and (iv) the costs of

administering the settlement.

C. Is My Settlement Payment Taxed?

Each class member will be solely responsible for tax reporting of any payment received

under this settlement and for paying any taxes associated with the payment. Neither All-South,

All-South’s attorneys (referred to below as “Class Counsel”), AmeriGas, nor AmeriGas’

attorneys make any representations concerning the tax consequences of this settlement or your

participation in it. If you have any questions about the tax consequences of the payments you

may receive under the settlement, you should consult your tax advisor.

7

D. How Much Will Class Counsel Be Paid in Attorneys’ Fees?

Class Counsel will request that the Court award them attorneys’ fees of $600,000, which

is one-third of the Settlement Amount described above. Class Counsel will also seek

reimbursement of up to $30,000 in litigation expenses incurred in this case, which will also be

subject to Court approval. Any amounts approved by the Court will constitute full payment for

all legal fees of Class Counsel and expenses incurred in the lawsuit, including any work they do

in the future. The application for these fees and costs will be filed with the Court, and will be

subject to Court approval.

E. What Deductions Will Be Made From the Settlement Amount?

The Settlement Amount will be used for the payments to class members and the

attorneys’ fees and costs set forth above, and it will also be used to pay for (1) settlement

administration expenses, and (2) a class representative incentive award, subject to the approval

of the Court.

V. THE RIGHTS AND OPTIONS OF CLASS MEMBERS

Customers such as yourself who are members of the Class have several options:

(i) You may obtain a settlement payment by completing and submitting a claim form as detailed below no later than [CLAIM DEADLINE] (see below for more details). Submitting a valid and timely claim form and participating in the settlement will mean that you receive a settlement payment, and that you release your claims against AmeriGas, as set forth below.

(ii) You may opt out of the settlement by sending a written request to the claims administrator. Requests to opt out must be received no later than [14 DAYS BEFORE SETTLEMENT HEARING] (see below for more details). If you opt out, you will not receive a settlement payment, and you will not release any claims against AmeriGas (see below for more details).

(iii) You may object to the settlement by submitting your written objections in the manner described below. Objections must be received no later than [14 DAYS BEFORE SETTLEMENT HEARING]. If you object to the settlement, you will still remain in the class and participate in the settlement (see below for more details).

8

A. How Do I Make Corrections to My Name or Address?

If you wish to change the name or address listed on the Notice you received via postcard,

please complete the form entitled “Change of Name and/or Address Form” and submit it before

the deadline specified on the form. The “Change of Name and/or Address Form” is posted at

this website: [WEBSITE ADDRESS]. You can also request that a change of address form be

mailed to you, by calling <TOLL FREE NUMBER>.

B. How Do I Receive Payment?

Class members, including you, must submit a qualifying claim form demonstrating their

eligibility to participate in the settlement and receive payment. You must complete a claim

form (posted at this website: [WEBSITE ADDRESS]) and submit it electronically on or

before <CLAIM DEADLINE> or mail the completed claim form to the Claims

Administrator at [CLAIMS ADMINISTRATOR ADDRESS] postmarked no later than

<CLAIM DEADLINE>.

Class members who remain in the class will be represented by All-South and Class

Counsel. The lawyers acting as Class Counsel in this matter are the following:

PRICE ARMSTRONG, LLC OSCAR M. PRICE, IV

NICHOLAS W. ARMSTRONG 2421 2ND Avenue North #1 Birmingham, AL 35203 Telephone: 205.208.9588 TAYLOR, WARREN & WEIDNER, P.A J. PHILLIP WARREN C. PHIL HALL KEITH WEIDNER 1823 N. 9th Avenue Pensacola, FL 32503-5270 Telephone: 850.438.4899

9

Class members who remain in the class may choose to retain their own attorneys. Class

members who choose this option will be responsible for their own attorneys’ fees and costs.

Class members who do not opt out of the settlement may also object to the terms or

nature of the settlement at or prior to the hearing on the settlement using the procedure set forth

below.

C. How Do I Opt Out of the Settlement?

Class members may elect to “opt out” of the settlement and thus exclude themselves from

this lawsuit and the associated settlement and judgment. Class members who opt out will NOT

receive a payment and will remain free, subject to the statute of limitations and other similar

restrictions, to bring claims against AmeriGas relating to the imposition of fuel recovery fees

during the Class Period.

Class members who wish to opt out of this settlement must mail a timely written request

to the Claims Administrator at [CLAIMS ADMINISTRATOR ADDRESS]. The opt out request

must state the class member’s full name and address, and it must make the following or a

substantially similar statement: “I wish to opt out of the All-South settlement, and I understand

by doing so, I will not receive a payment.” To be effective, the request to opt out must be

received no later than [14 DAYS BEFORE SETTLEMENT HEARING]. This deadline is final,

and opt out requests that are not received on or before that date will not be honored.

D. How Do I Object to the Settlement?

If you have not opted out, you can submit a written objection to any terms of the

settlement. Your objection must be in writing and include your full name, address, telephone

number, and signature. The objection must include a statement that you object to the settlement

in All-South Subcontractors, Inc. v. AmeriGas Propane, Inc. et al., Circuit Court of the First

Judicial Circuit in and for Escambia County, Florida, Case No. 2014 CA 002077 and (a) the

10

objecting party’s name, signature, address, telephone number, and (if known) AmeriGas

customer number; (b) a notice of intention to appear, either in person or through an attorney,

with the name, address, and telephone number of the attorney, if any, who will appear; (c)

certification that the objecting party is a member of the Settlement Class; (d) a statement of each

objection asserted, and its basis, the facts underlying each objection, and the legal authorities, if

any, underlying each objection; (e) copies of any exhibits the objecting party may offer at the

hearing; and (f) a list of all witnesses, if any, the objecting party may call to testify at the hearing.

The objection must be received by the claims administrator at [CLAIMS ADMINISTRATOR

ADDRESS] no later than [14 DAYS BEFORE SETTLEMENT HEARING]. If the Court

overrules your objection, you will still remain in the class and release pertinent claims as set

forth below in Section VI.

VI. RELEASE OF CLAIMS

All class members who do not opt out of the settlement will be subject to the judgment

connected with this lawsuit and associated settlement. This means they shall be deemed to have

forever released and discharged AmeriGas and all its past and present affiliates, predecessors,

successors, acquired entities, and any of their directors, officers, employees, partners, members,

principals, agents, insurers, co-insurers, re-insurers, shareholders, attorneys, and personal or legal

representatives (herein collectively, “AmeriGas Releasees”) from any and all claims, demands,

rights, liabilities and causes of action of every nature and description whatsoever, including

without limitation statutory, constitutional, contractual or common law claims, whether known or

unknown, whether or not concealed or hidden, whether arising under federal or state law, against

the AmeriGas Releasees, or any of them, that arise from or relate to any fuel recovery fees paid

during the Class Period, including without limitation, claims under the FDUTPA, any and all

claims pled in the Litigation, and claims for damages, unpaid costs, penalties, liquidated

11

damages, punitive damages, interest, attorneys’ fees, litigation costs, restitution, or equitable

relief. All of these released claims are collectively referred to in this Notice as “Released

Claims.”

The Released Claims include claims which the class member does not know or

suspect to exist in his, her, or its favor at the time of the entry of the court’s judgment, and

which, if known by him, her, or it might have affected his, her, or its settlement with or release of

the AmeriGas Releasees, or might have affected his, her, or its decision to opt out of the

settlement or to object to this settlement.

VII. HEARING ON SETTLEMENT

Following a hearing on August 25, 2017, the Court granted preliminary approval for the

settlement of this lawsuit as a class action and scheduled a hearing on final approval for

[INSERT DATE]. This final approval hearing will take place before the Honorable Edward P.

Nickinson, III in [INSERT LOCATION] of the Circuit Court in and for Escambia County,

Florida, located at 190 Governmental Center, Pensacola, Escambia County, Florida. Class

members can express their views on the settlement at or before this hearing but they are not

required to do so, nor are they required to attend this hearing to receive payment or exercise

other rights.

Again, your attendance at this hearing is completely optional, and class members

like you need not appear at this hearing to receive payment.

VIII. EXAMINATION OF PAPERS FILED IN THIS LAWSUIT

This Notice does not fully describe this settlement. Members of the public, including but

not limited to persons or entities whose rights may be affected by the lawsuit, may inspect the

files (including the full settlement agreement) through the Escambia County Court Clerk at the

following address: Clerk of Court, Circuit Court in and for Escambia County, 190 W

12

Government St., Pensacola, FL 32502. In addition, at this website: [WEBSITE ADDRESS], you

can obtain copies of the following documents: (a) the operative complaint in the lawsuit; (b) the

operative answer to the complaint filed by AmeriGas in the lawsuit; (c) the complete settlement

agreement; (d) the motion for preliminary approval of the settlement, including any request for

attorneys’ fees, litigation costs, and class representative incentive award; (e) the order granting

preliminary approval and setting the <date> hearing on final approval of the settlement; (f) the

Postcard Notice sent to all class members; (g) a copy of this Long Form Notice; (h) a Change of

Address Form; and (i) a Claim Form.

PLEASE DO NOT CALL OR WRITE THE COURT OR AMERIGAS WITH QUESTIONS REGARDING THIS ACTION.

IF YOU HAVE ANY QUESTIONS, PLEASE CALL, EMAIL OR WRITE THE

CLAIMS ADMINISTRATOR AT:

[INSERT ADDRESS]

[INSERT TELEPHONE NUMBER AND EMAIL ADDRESS]

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

[PROPOSED] ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AND

ENTERING JUDGMENT

This matter came on for hearing upon the application of the Plaintiff All-South

Subcontractors, Inc. for approval of the settlement set forth in the Stipulation Re: Settlement of

Class Action in this matter. Due and adequate notice having been given to the Class, and the

Court having considered the Stipulation, all papers filed and proceedings had herein, and all oral

and written comments received regarding the proposed settlement, and having reviewed the

record in this litigation, and good cause appearing for issuance of this order,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

1. The Court, for purposes of this Judgment, adopts all defined terms as set

forth in the Stipulation Re: Settlement of Class Action (“Stipulation”) filed in this case.

2. The Court has jurisdiction over the subject matter of the Litigation and the

Class Representative, the Members of the Class, and Defendants AmeriGas Propane, Inc. and

AmeriGas Propane, L.P. (collectively, “AmeriGas”).

3. The Court finds that the distribution of the Notice as provided for in the

Order Granting Preliminary Approval and Settlement Hearing constituted the best notice

2

practicable under the circumstances to all Persons within the definition of the Class, and fully

met the requirements of due process under the United States Constitution and Florida law. Based

on evidence and other material submitted in conjunction with the Settlement Hearing, the actual

notices to the Class were adequate.

4. The Court finds that the Litigation presented a good faith dispute over the

charging of fuel recovery fees, and the Court finds in favor of settlement approval as the product

of an arms-length negotiation before an experience mediator.

5. The Court approves the settlement of the above-captioned action, as set

forth in the Stipulation, including the releases and other terms set forth in the Stipulation, as fair,

just, reasonable, and adequate as to the Settling Parties. The Settling Parties are directed to

perform in accordance with the terms set forth in the Stipulation. The Settling Parties are to bear

their own costs, except as otherwise provided in the Stipulation and this Order.

6. Those Persons (identified in Attachment A hereto) who have validly and

timely requested exclusion from the Class shall not be bound by the terms of this Judgment.

7. Solely for purposes of effectuating this settlement, this Court has certified

a class consisting of all Class Members, as that term is defined in the Stipulation, and the Court

deems this definition sufficient for purposes of due process and Florida Rule of Civil Procedure

1.220.

8. For purposes of approving this settlement only, this Court finds and

concludes that: (a) the Members of the Class are ascertainable and so numerous that separate

joinder of each member is impracticable; (b) there are questions of law or fact common to the

Class; (c) the claims of the Class Representative are typical of the claims of the Members of the

Class; (d) the Class Representative has fairly and adequately protected the interests of the

3

Members of the Class; (e) questions of law or fact common to the Class predominate over any

question of law or fact affecting only individual Members of the Class, and class representation

is superior to other available methods for the fair and efficient adjudication of this controversy;

and (f) Class Counsel are qualified to serve as counsel for the plaintiff in its individual and

representative capacities and for the Class.

9. By this Judgment, subject to the occurrence of the Effective Date as

defined in the Stipulation, the Class Representative shall release, relinquish, and discharge, and

each of the Settlement Class Members shall be deemed to have, and by operation of the

Judgment shall have, fully, finally, and forever released, relinquished, and discharged all

Released Claims.

10. Neither the Stipulation nor the settlement contained therein, nor any act

performed or document executed pursuant to or in furtherance of the Stipulation or the

settlement: (i) is or may be deemed to be or may be used as an admission of, or evidence of, the

validity of any Released Claim, or of any wrongdoing or liability of AmeriGas; or (ii) is or may

be deemed to be or may be used as an admission of, or evidence of, any fault or omission of

AmeriGas in any civil, criminal, or administrative proceeding in any court, administrative

agency, or other tribunal. In the event that the Effective Date does not occur, AmeriGas shall not

be estopped or otherwise precluded from contesting class certification in the Litigation on any

grounds. AmeriGas may file the Stipulation and/or the Judgment from the Litigation in any

other action that may be brought against them in order to support a defense or counterclaim

based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment

bar, or reduction or any theory of claim preclusion or issue preclusion or similar defense or

counterclaim.

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11. The only Class Members entitled to payment pursuant to this Judgment

are Participating Claimants. The funds associated with any checks that are not properly or timely

negotiated within one hundred and twenty (120) days from the date of mailing shall remain the

property of AmeriGas and will not be included in any distributions to Class Members or be

subject to cy pres or other payment or distribution. Participating Claimants who fail to negotiate

their settlement checks as set out in the Stipulation in a timely fashion shall remain subject to the

terms of this Judgment.

12. The Court further finds, upon consideration of the record and applicable

law, that Plaintiff’s request for attorneys’ fees in the amount of $600,000 is reasonable and fair

given the effort expended, the risk assumed, and the result obtained in this litigation. The Court

grants Plaintiff’s request and awards such fees.

13. The Court finds that Plaintiff’s request for reimbursement of litigation

expenses in the amount of $30,000 is fair and reasonable as expenses necessarily and reasonably

incurred in the prosecution of this case, and therefore awards such expenses and grants Plaintiff’s

request.

14. The Court also approves and finds reasonable the class representative

incentive award of $10,000 sought by Plaintiff in recognition of the services rendered and

benefits conferred by the named plaintiff on behalf of the Settlement Class.

15. The Court finds that the foregoing amounts for fees, costs, and class

representative incentive award, and AmeriGas’ agreement to pay such amounts, are fair and

reasonable. AmeriGas is directed to make such payments out of the Settlement Amount in

accordance with the terms of the Stipulation.

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16. The Court reserves exclusive and continuing jurisdiction over the

Litigation, the Class Representative, the Class, and AmeriGas for the purposes of supervising the

implementation, enforcement, construction, administration and interpretation of the Stipulation

and this Judgment.

17. This document shall constitute a judgment for purposes of Chapter 55,

Florida Statutes and the Florida Rules of Civil Procedure.

IT IS SO ORDERED.

DATED: _______________, 2017

The Honorable Edward P. Nickinson, III Florida Circuit Court Judge

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

[PROPOSED] CLAIM FORM

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Settlement Claim Form

I have received and reviewed notice of the class action settlement in the lawsuit entitled

All-South v. AmeriGas Propane, Inc. et al., and I wish to participate in that settlement. I hereby

submit this claim for payment under the settlement:

I declare that:

____ (for residential customers) I paid one or more fuel recovery fees to AmeriGas based

on a delivery of propane or other transaction occurring in Florida at some point from October 31,

2010 through and including June 30, 2012.

____ (for commercial customers) I paid one or more fuel recovery fees to AmeriGas

based on a delivery of propane or other transaction occurring in Florida at some point from

October 31, 2010 through and including December 31, 2012.

(YOU MUST CHECK ONE OF THE ABOVE BOXES TO RECEIVE PAYMENT)

I understand that by submitting this claim form, I am making a claim for a settlement

payment to be made by AmeriGas in connection with contested litigation in which All-South

Subcontractors, Inc. is alleging, among other things, that AmeriGas violated Florida’s Deceptive

and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq., and unjustly enriched

itself in charging fuel recovery fees. By submitting this claim form, I further acknowledge that I

understand that by not electing to opt out of this settlement, I will be subject to the judgment to

be entered by the court, and will be precluded from pursuing any of the Released Claims, known

or unknown, as described in the class notice in this matter. If this form is being submitted on

behalf of a company or business entity, I certify that I am authorized by such company or

business entity to submit this form on its behalf and that all the representations I am making in

this form are binding on such company or business entity.

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Name of individual completing this form: ________________________

Company name (if submitted on behalf of a company or business entity):

______________________

Address:

City, State and Zip Code:

____ PLEASE CHECK THIS BOX IF THIS IS A NEW ADDRESS

Date: ____________________________

Signature: _________________________

If known, and for purposes of verification only, my AmeriGas customer number (shown

on invoices from AmeriGas) is: ____________________.

PLEASE SUBMIT THIS FORM ELECTRONICALLY AT THIS WEBSITE: [WEBSITE ADDRESS] NO LATER THAN [CLAIM DEADLINE], OR RETURN IT VIA UNITED

STATES MAIL POSTMARKED NO LATER THAN THAT DATE TO:

<settlement administrator>

Re: All-South v. AmeriGas Matter

ADDRESS

THE FORM MUST BE SUBMITTED BY [CLAIM DEADLINE] TO BE VALID AND EFFECTIVE.

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA

ALL-SOUTH SUBCONTRACTORS, INC.,

Plaintiff,

v.

AMERIGAS PROPANE, INC. and AMERIGAS PROPANE, L.P.

Defendants.

Case No.: 2014 CA 002077 Division: A

[PROPOSED] CHANGE OF ADDRESS FORM

Change of Name and/or Address Form

I have received and reviewed notice of the class action settlement in the lawsuit entitled

All-South Subcontractors, Inc. v. AmeriGas Propane, Inc. et al., and I wish to change my name

and/or mailing address information to the following:

Name of individual completing this form: ________________________

Company name (if a commercial customer): ______________________

Street and Apt. No., if any: ____________________________________

City, State and Zip Code: ______________________________________

If known, and for purposes of verification only, my AmeriGas customer number (shown

on invoices from AmeriGas) is: ____________________.

I understand that all future correspondence in this action, including but not necessarily

limited to important notices or payments to which I am entitled (if any), will be sent to the

address listed above and not to the address previously used. I hereby request and consent to the

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use of the address listed above for these purposes. If this form is being submitted on behalf of a

company or business entity, I certify that I am authorized by such company or business entity to

submit this form on its behalf.

DATED: ___________ ___, 2017 Submitted by:

_________________________________ Print Name

_________________________________ Signature

PLEASE SUBMIT THIS FORM ELECTRONICALLY AT THIS WEBSITE: [WEBSITE ADDRESS] NO LATER THAN [CLAIM DEADLINE], OR RETURN IT VIA UNITED

STATES MAIL POSTMARKED NO LATER THAN THAT DATE TO:

<settlement administrator>

Re: All-South v. AmeriGas Matter

ADDRESS

THE FORM MUST BE SUBMITTED BY [CLAIM DEADLINE] TO BE VALID AND EFFECTIVE.