A settlement has been reached in the litigation between plaintiffs and Honda, as set forth in the Settlement Agreement, dated May 31, 2008, on file with the Court. The Settlement was negotiated with Honda by Class Counsel. Class Counsel believe that this Settlement is fair, adequate, reasonable, and in the best interests of the Settlement Class. The Court preliminarily approved the Settlement on September 9, 2008. This notice provides only a summary of the terms of the Settlement Agreement. For any terms not specifically defined in this notice, they have the definitions given to them in the Settlement Agreement. A complete copy of the Settlement Agreement may be obtained as set forth in Section VII. of this notice.
Settlement Benefits. Pursuant to the Settlement, Honda will make available its Frame Inspection and Remediation Program to all Settlement Class Members for the lifetime of their motorcycle(s), free of charge. Honda will repair the Frame Weld Condition of any Class Vehicle that was not previously repaired or if necessary perform additional repairs for the Frame Weld Condition for a Class Vehicle. Honda will also replace the frame free of charge for any Class Vehicle that:
(i) develops a crack or cracks in or on the top of the lower cross member frame weld(s); or
(ii) develops a crack or cracks around the entire lower cross member frame weld(s); or
(iii) subsequently develops a crack or cracks on the lower cross member frame weld(s) after being previously re-welded pursuant to the Frame Safety Recalls; or
(iv) subsequently evidences a Frame Weld Condition on the lower cross member frame weld(s) after being previously re-welded pursuant to the Frame Safety Recalls; or
(v) subsequently evidences an improper weld of the lower cross member frame after being previously re-welded pursuant to the Frame Safety Recalls as determined from the Honda Frame Weld Inspection Chart.
In addition, Honda’s obligations to the Class Vehicles pursuant to this Settlement are fully transferable to all subsequent owners.
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