Contract analysis
Clause-by-clause risk read on any document of the firm. Pick a contract, or open any document from a matter.
Contract analysis / litigation-hold-ack-kirkwood.docx
litigation-hold-ack-kirkwood.docx
High · 1
Medium · 3
Standard · 0
1. Acknowledgment of Receipt
1. Acknowledgment of Receipt I, Janet Kirkwood, Vice President, Carrier Relations of Stonefield Logistics Group Inc. ("Stonefield" or "SLG"), a Delaware corporation headquartered at 4200 Commerce Parkway, Suite 800, Fort Worth, Texas 76102, hereby acknowledge receipt of the Litigation Hold Memorandum dated September 2, 2022 (the "Hold Memorandum") prepared by Patrick Gallagher, Lead Associate, of Calderwood & Harknes
2. Understanding of Obligations
High
⚑ Penalty / liquidated damages
2. Understanding of Obligations I acknowledge that I have carefully read and understand the litigation hold obligations described in the Hold Memorandum. I understand that these obligations are legally binding, that they take effect immediately, and that they supersede any pre-existing document retention or destruction policies, schedules, or practices that might otherwise apply to materials within the scope of the h
3. Scope of Preserved Materials
Medium
⚑ Liability cap to check against exposure
3. Scope of Preserved Materials I acknowledge that the obligation to preserve documents and ESI as described in Section 2 above extends to all forms and formats of documents and ESI, regardless of the medium on which they are stored. Without limiting the generality of the foregoing, I understand that the categories of materials subject to preservation include, but are not limited to, the following: (a) Emails, includ
4. Specific Commitments
4. Specific Commitments In connection with the litigation hold obligations described herein and in the Hold Memorandum, I make the following specific commitments: (a) No Destruction or Alteration. I will not delete, destroy, discard, alter, modify, overwrite, or otherwise dispose of any documents or ESI falling within the scope of the litigation hold, whether in paper or electronic form, and regardless of whether suc
5. Duration of Hold
5. Duration of Hold I acknowledge and understand that the litigation hold described in the Hold Memorandum and in this Acknowledgment remains in full force and effect until I receive express written notice from Calderwood & Harkness LLP or from Stonefield's General Counsel, Tobias Wren, that the hold has been formally released. I understand that such release will not occur until the Litigation has been fully and fina
6. Consequences of Non-Compliance
Medium
⚑ Liability cap to check against exposure
6. Consequences of Non-Compliance I acknowledge and understand that failure to comply with the litigation hold obligations described in the Hold Memorandum and in this Acknowledgment may result in serious and adverse legal consequences for Stonefield Logistics Group Inc. Such consequences may include, but are not limited to: court-imposed sanctions (including monetary sanctions and case-dispositive sanctions), advers
7. Questions and Contact Information
Medium
⚑ Confidentiality undertaking
7. Questions and Contact Information I understand that if I have any questions regarding the scope, application, or interpretation of the litigation hold, or if I am uncertain whether a particular document, communication, or category of ESI falls within the scope of the hold, I should direct such questions to one or both of the following individuals: Patrick Gallagher Lead Associate, Litigation (General) Calderwood &