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Contract analysis / expert-retention-letter-hargrove.docx
expert-retention-letter-hargrove.docx
High · 2
Medium · 6
Standard · 0
1. Purpose of Engagement
1. Purpose of Engagement Calderwood & Harkness LLP ("Calderwood & Harkness" or "C&H") represents Aurelius Global Media Group PLC ("Aurelius" or "AGMG"), a United Kingdom–headquartered public limited company registered with Companies House under Registration Number 08724561 and listed on the London Stock Exchange's AIM market under the ticker symbol AIM: AGLM. Aurelius is a diversified media conglomerate with fiscal y
2. Background Facts
High
⚑ Non-compete / exclusivity restraint
2. Background Facts The following summary of relevant background facts is provided to orient Hargrove to the matter and to inform the scope of work described in Section 3 below. Additional facts, documents, and data will be supplied on a rolling basis as the engagement progresses. 2.1 Nature of the Alleged Infringement. Aurelius alleges that StreamNow has, without authorization, reproduced, distributed, and publicly
3. Scope of Engagement
Medium
⚑ Confidentiality undertaking
3. Scope of Engagement The scope of Hargrove's engagement encompasses the following analyses and assignments, each of which is described in greater detail below. Calderwood & Harkness reserves the right to modify, expand, or narrow the scope of engagement as the matter develops, subject to mutual agreement on any corresponding adjustments to fees and timelines. 3.1 Preliminary Damages Modeling for Pre-Suit Demand Har
4. Deliverables
4. Deliverables Hargrove shall prepare and deliver the following work product in connection with this engagement: (a) Preliminary Damages Report. A preliminary damages report, suitable for use in formulating the pre-suit demand letter and supporting Calderwood & Harkness's assessment of the damages exposure, shall be delivered on or before March 7, 2026. This report should set forth Hargrove's preliminary damages con
5. Information and Data Sources
5. Information and Data Sources Calderwood & Harkness will provide Hargrove with the following categories of information and data to support the analyses described in Section 3: (a) CipherTrace Analytics Forensic Analysis. The forensic analysis report prepared by CipherTrace Analytics, LLC, under the direction of Dr. Nathan Frey, together with the underlying data sets, including content fingerprinting results, viewer
6. Fees and Expenses
Medium
⚑ Liability cap to check against exposure
6. Fees and Expenses 6.1 Pre-Suit Phase Fee Estimate. The estimated total fee for the preliminary damages analysis during the pre-suit phase of this engagement is $95,000. This estimate is based on the scope of work described in Sections 3.1 through 3.5 above and assumes timely receipt of the data and materials described in Section 5. Calderwood & Harkness acknowledges that this estimate is subject to revision if the
7. Confidentiality
Medium
⚑ Liability cap to check against exposure
7. Confidentiality 7.1 Confidential Information. All information, documents, data, analyses, communications, and materials of any kind provided to Hargrove in connection with this engagement, or generated by Hargrove in the course of this engagement (collectively, "Confidential Information"), are strictly confidential and shall be treated as such by Hargrove and all of its employees, agents, and subcontractors who ha
8. Privilege and Work Product Protection
Medium
⚑ Liability cap to check against exposure
8. Privilege and Work Product Protection 8.1 Retention at Direction of Counsel. Hargrove is being retained at the direction of counsel in anticipation of litigation. The engagement is undertaken for the purpose of assisting Calderwood & Harkness in rendering legal advice to its client and in preparing for anticipated litigation. 8.2 Privileged Communications and Work Product. All communications between Hargrove and C
9. Conflicts of Interest
Medium
⚑ Liability cap to check against exposure
9. Conflicts of Interest 9.1 Representations and Warranties. Hargrove represents and warrants that, as of the date of this letter, it has no current engagement, client relationship, business affiliation, financial interest, or other relationship with any of the following entities or individuals that would create an actual or potential conflict of interest with respect to this engagement: (a) StreamNow Holdings, Inc.;
10. Term and Termination
Medium
⚑ Confidentiality undertaking
10. Term and Termination 10.1 Commencement and Duration. This engagement commences upon the execution of this letter by both parties and continues through completion of the pre-suit phase, which is estimated to extend through May 2026, encompassing the anticipated settlement negotiation window. If the matter proceeds to litigation, the engagement may be extended by mutual agreement, subject to supplemental terms as d
11. Independent Contractor Status
11. Independent Contractor Status Hargrove is engaged as an independent contractor and not as an employee, agent, partner, or joint venturer of Calderwood & Harkness LLP or Aurelius Global Media Group PLC. Nothing in this engagement letter shall be construed to create an employment relationship, agency, partnership, or joint venture between the parties. Hargrove retains full control over the manner and means of perfo
12. Governing Law
High
⚑ Non-compete / exclusivity restraint
12. Governing Law This engagement letter and any disputes arising out of or relating to this engagement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for the resolution of any disputes arising under
13. Acceptance and Execution
13. Acceptance and Execution If the foregoing terms are acceptable, please sign and return a copy of this letter to the undersigned at your earliest convenience. Upon execution by both parties, this letter shall constitute the binding agreement between Calderwood & Harkness LLP (on behalf of itself and its client, Aurelius Global Media Group PLC) and Hargrove Economic Consulting Group, LLC, with respect to the engage