IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

Larry Hammond, 004049

Anne M. Chapman, 025965

Kathleen Brody, 026331

OSBORN MALEDON, P.A.

2929 North Central Avenue, 21st Floor

Phoenix, Arizona 85012-2793

(602) 640-9000

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Attorneys for Western Union Financial Services, Inc.

The State of Arizona ex rel. THOMAS C. HORNE, Attorney General (“State”), and WESTERN UNION FINANCIAL SERVICES, INC. (“Western Union”), having applied for an order tolling the time frames and extending all benefits and obligations provided for in the Settlement Agreement to and including December 20, 2013, and whereas:

1)The State and Western Union have agreed to discuss a potential amendment of the Settlement Agreement (“Agreement”).¹ 

2)On June 14, 2013, the Court entered an order tolling the time for the Monitor to issue the Periodic Review and to make the Final Report, extending the time for the Monitor Engagement, and extending the benefits and obligations of the parties and the Monitor for a period of ninety days through October 31, 2013.

3)This ninety-day tolling and extension of time was to allow the parties to continue to discuss potential amendment of the Settlement Agreement.

4)For reasons including the untimely passing of Assistant Attorney General Cameron Holmes, who was the primary lawyer on this matter for the State of Arizona, the parties need additional time to conclude discussions regarding the potential amendments.

5)The State and Western Union have agreed to toll the time for the Monitor to issue the Periodic Review and to make the Final Report, to extend the time for the Monitor Engagement, and to extend the benefits and obligations of the parties and the Monitor to and including December 20, 2013.

6)The parties’ agreement for this further tolling and extension of time is to allow the parties to conclude discussions regarding the potential amendments.

7)This Court has authority to enter this Order under Ariz. Const. art. VI, § 24, the Rules of Civil Procedure, and A.R.S. § 12‑123.

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¹ Capitalized terms used in this Order have the meaning defined in the Agreement.

a)Tolling Time for Monitor Engagement and Monitor Reports: Notwithstanding any provision in either the Settlement Agreement or the Monitor Engagement Letter to the contrary, all time frames described therein, including, but not limited to, Paragraph 22 of the Agreement and Paragraphs 2 and 10.3 of the Monitor Engagement Letter, are tolled for a period to and including December 20, 2013.

b)Extending Benefits and Obligations of the Parties and Monitor under the Settlement Agreement, Monitor Engagement Letter, and Court Orders of February 24, 2010, and February 3, 2011: All benefits and obligations of the parties and the court-appointed Monitor provided for in the Settlement Agreement, the Monitor Engagement Letter, and Court orders of February 24, 2010, and February 3, 2011, shall be extended for a period to and including December 20, 2013.

c)Western Union shall transfer to the Clerk of the Court’s separate interest bearing account any and all sums necessary to cover the Monitor’s expenses during this additional tolling and extension period. The transfer(s) shall be made promptly upon request by the Monitor to Western Union.

d)Potential Amendment: In the event that Western Union and the State have not executed an amendment to the Settlement Agreement on or before December 20, 2013, or that one or both parties notify the Court in writing that they will not enter into such an amendment, the Monitor shall issue both a Periodic Review and a Final

Report as a single document within 60 days after the written notification to the Court or within 60 days after December 20, 2013, whichever is sooner. Any funds in the Clerk of Court’s account for the court-appointed Monitor remaining after the Monitor issues his Final Report shall be returned to Western Union.

DATED this 28th day of October, 2013.

ORIGINAL lodged this 25th day of

October, 2013, with:

HON. WARREN GRANVILLE

Judge of the Superior Court

175 W. Madison St., 13103
Phoenix, AZ. 85003-2243

COPY of the foregoing mailed this

25th day of October, 2013, to:

D. Matthew Conti

Office of the Attorney General

1275 W. Washington

Phoenix, Arizona 85007

Monitor Theodore Greenberg

Greenberg Consulting Arizona LLC

4852 Hutchins Place

Washington, D.C. 20007