Contract analysis
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Contract analysis / letter-bhs-settlement-discussion.docx
letter-bhs-settlement-discussion.docx
High · 0
Medium · 2
Standard · 0
1. Both sides expressed a genuine interest in exploring settlement of this litigation.
1. Both sides expressed a genuine interest in exploring settlement of this litigation.
2. Both sides agreed in principle to a thirty (30) day settlement discussion window, targ
2. Both sides agreed in principle to a thirty (30) day settlement discussion window, targeted to commence on or about March 10, 2023, and conclude on or about April 10, 2023.
3. Both sides agreed in principle that the parties would jointly seek a stipulated stay o
3. Both sides agreed in principle that the parties would jointly seek a stipulated stay of discovery during the settlement discussion window.
4. Both sides agreed that all settlement discussions would be conducted under the protect
Medium
⚑ Confidentiality undertaking
4. Both sides agreed that all settlement discussions would be conducted under the protections of Federal Rule of Evidence 408 and would be treated as strictly confidential.
5. Both sides agreed that the principals of their respective clients — Ms. Ellison for OW
Medium
⚑ Liability cap to check against exposure
5. Both sides agreed that the principals of their respective clients — Ms. Ellison for OWS and Mr. Talbot for Lumos — would be kept informed of the progress of discussions and would remain available for decision-making throughout the settlement window. If your recollection of our conversation differs from the foregoing in any respect, or if I have omitted any point that you believe should be included, please do not h