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Contract analysis / litigation-hold-ack-hess.docx
litigation-hold-ack-hess.docx
1012-00005 · 8 clauses
High · 1 Medium · 4 Standard · 0
1. Acknowledgment of Receipt
1. Acknowledgment of Receipt I, Raymond Hess, hereby confirm that I have received and carefully reviewed the Litigation Hold Memorandum dated September 2, 2022 (the "Litigation Hold Memorandum"), prepared and issued by Patrick Gallagher of Calderwood & Harkness LLP, counsel for Stonefield Logistics Group Inc. ("Stonefield" or the "Company") in connection with the above-referenced matter. I confirm that I understand t
2. Understanding of Preservation Obligations Medium
⚑ Liability cap to check against exposure
2. Understanding of Preservation Obligations I acknowledge and understand my obligation to preserve all documents and electronically stored information ("ESI") in my possession, custody, or control that relate to, or may reasonably relate to, the matters described in the Litigation Hold Memorandum. I understand that this preservation obligation arises from Stonefield's duty under federal law, including but not limite
3. Categories of Materials to Be Preserved Medium
⚑ Liability cap to check against exposure
3. Categories of Materials to Be Preserved I acknowledge that the preservation obligation described in Section 2 above extends to all formats and media in which documents and ESI may exist, including but not limited to the following: (a) Emails (including all attachments), whether sent, received, or maintained in draft form, residing on Stonefield's corporate email system (including Hollowell Systems, Exchange, or an
4. Specific Commitments
4. Specific Commitments In furtherance of my preservation obligations, I hereby commit to the following: (a) I will not delete, destroy, alter, modify, overwrite, or discard any documents or ESI within the scope of the litigation hold as described in this Acknowledgment and in the Litigation Hold Memorandum. I understand that this prohibition applies regardless of whether the documents or ESI are stored on Stonefield
5. Acknowledgment of Ongoing Obligation High
⚑ Penalty / liquidated damages
5. Acknowledgment of Ongoing Obligation I understand that the litigation hold described in this Acknowledgment and in the Litigation Hold Memorandum is effective immediately upon my receipt of the Litigation Hold Memorandum on September 2, 2022, and will remain in full force and effect until I receive written notice from Calderwood & Harkness LLP or from Stonefield's General Counsel that the litigation hold has been
6. Identification of Key Repositories and Custodial Sources Medium
⚑ Liability cap to check against exposure
6. Identification of Key Repositories and Custodial Sources In accordance with the instructions set forth in the Litigation Hold Memorandum, I have conducted an initial assessment of the repositories and custodial sources within my possession, custody, or control that may contain documents or ESI relevant to the Litigation. I hereby identify the following: (a) Corporate Email Account. My Stonefield corporate email ac
7. Acknowledgment of Role as Key Custodian
7. Acknowledgment of Role as Key Custodian I acknowledge that, in my capacity as Director of Contract Compliance for Stonefield Logistics Group Inc., I played a central role in the monitoring of VTS's performance under the TSA, the identification of performance deficiencies, and the initiation of the contractual cure process. Specifically, I was the individual who prepared and issued the Cure Notice dated January 18,
8. Confidentiality Medium
⚑ Liability cap to check against exposure
8. Confidentiality I acknowledge and understand that all communications between me and Calderwood & Harkness LLP in connection with this matter, including but not limited to the Litigation Hold Memorandum and this Acknowledgment, are protected by the attorney-client privilege and/or the attorney work product doctrine. I will take all reasonable steps to maintain the confidentiality of such communications and to prote