Contract analysis

1. Introduction and Purpose Calderwood & Harkness LLP ("C&H" or the "Firm") represents Meridian Consumer Brands LLC ("Meridian" or "MCB"), a Delaware limited liability company with its principal place of business at 410 West 34th Street, 18th Floor, New York, New York 10001. Meridian is a leading consumer products company specializing in premium skincare and personal-care product lines. Among its brands, Meridian's f

2. Background of the Dispute To provide context for the engagement, we set forth below a summary of the relevant factual background. Additional materials and a more detailed factual presentation will be provided to you under separate cover following execution of this letter. The False Advertising Campaign. On or about June 2, 2025, Apex launched a nationwide comparative advertising campaign titled "The PuraClear Trut

3. Scope of Engagement The scope of your engagement encompasses the following categories of economic analysis and expert work. We anticipate that the scope may be refined or supplemented as the litigation progresses and as additional information becomes available through the discovery process. 3.1 Lost-Profits Analysis Your primary assignment is to analyze and quantify Meridian's lost profits attributable to Apex's f

4. Testimony Dr. Choe should anticipate being called to provide testimony in the following contexts during the course of this litigation: (a) Preliminary Injunction Hearing. In connection with Meridian's Motion for Preliminary Injunction, which we anticipate filing on or about September 26, 2025, the Court may schedule an evidentiary hearing at which your testimony regarding the economic harm sustained by Meridian ma

5. Compensation 5.1 Billing Rate Dr. Choe's engagement rate for all professional services rendered in connection with this matter shall be $925.00 per hour. This rate applies to all categories of professional work, including but not limited to data analysis, economic modeling, report preparation, consultation with counsel, preparation for testimony, deposition testimony, and trial testimony. The rate reflects Dr. Cho

6. Confidentiality and Privilege 6.1 Confidentiality Obligations All information, documents, data, and communications provided to Dr. Choe and Marlowe Asset Management in connection with this engagement are confidential and are provided subject to the protections of the attorney-client privilege, the work product doctrine, and any other applicable privileges or protections. The materials you will receive may include,

7. Independence and Conflicts By countersigning this letter, Dr. Choe confirms the following on behalf of himself and Marlowe Asset Management Economic Consulting LLC: (a) Neither Dr. Choe nor Marlowe Asset Management has any financial interest in the outcome of this litigation, and the compensation payable under this engagement is not contingent in any way upon the opinions expressed, the outcome of the action, or t

8. Term and Termination This engagement shall commence upon execution of this letter by both parties and shall continue until the conclusion of the matter — including any post-trial proceedings, appeal, or remand — unless earlier terminated by either party upon thirty (30) days' written notice to the other party. Notwithstanding the foregoing, C&H reserves the right to terminate this engagement at any time for any re

9. Governing Law This engagement letter shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this engagement letter shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of New York, State of New York.

10. Acceptance and Execution If the foregoing terms accurately reflect your understanding of the engagement, please indicate your acceptance by signing and returning one copy of this letter to the undersigned. This letter, when countersigned by Dr. Choe on behalf of Marlowe Asset Management Economic Consulting LLC, shall constitute the binding agreement between the parties with respect to the engagement described her

1. Conflict-check questionnaire

2. Background materials (to be provided under separate cover upon execution of this letter) This letter and all attachments and enclosures are confidential, are protected by the attorney-client privilege and the work product doctrine, and are intended solely for the use of the addressee. Any unauthorized review, use, disclosure, or distribution is strictly prohibited. If you have received this letter in error, please