Contract analysis

1. Purpose and Background Calderwood & Harkness LLP ("C&H" or the "Firm") represents Whitmore Aerospace LLC ("WAL" or the "Respondent"), a Delaware limited liability company headquartered at 4200 Wilson Boulevard, Suite 1100, Arlington, Virginia 22203, in the above-referenced arbitration proceeding administered by the International Chamber of Commerce ("ICC"). WAL is an aerospace and defense manufacturer specializing

2. Engagement and Retention By this letter, C&H hereby retains Arclight Materials Science Inc. and specifically Dr. Raymond Chow to serve as Respondent's independent metallurgical and materials science expert in ICC Case No. 27914/MHM, Kestrel Dynamics GmbH v. Whitmore Aerospace LLC. This engagement is effective as of the date of this letter, March 15, 2023, and shall continue through the conclusion of the arbitratio

3. Scope of Expert Engagement 3.1 Core Assignment The core assignment for this engagement involves the independent metallurgical analysis of porosity levels in the fourteen (14) lots of Ti-6Al-4V ELI titanium alloy turbine housings that were rejected by WAL during the period from March 7, 2022, through September 19, 2022. Specifically, the first rejected lot bears the designation Lot KDG-2022-0307, and the final reje

4. Expert Report Requirements Dr. Chow shall prepare a written expert report in the English language suitable for submission to the Tribunal in ICC Case No. 27914/MHM. The report shall be of a professional quality and caliber appropriate for an international arbitration proceeding involving complex technical subject matter. In accordance with the procedural calendar established by the Tribunal in Procedural Order No.

5. Independence and Impartiality It is of paramount importance that Dr. Chow serve as an independent expert throughout this engagement. Dr. Chow's primary duty is to the Tribunal, and he is expected to provide objective, unbiased opinions based exclusively on his expertise in aerospace metallurgy and materials science, the data and evidence available to him, and his professional judgment. Although Dr. Chow is retaine

6. Materials and Access C&H will provide Dr. Chow with access to the documents and materials reasonably necessary for the performance of his engagement, including but not limited to the following: (a) The Master Supply Agreement for Titanium Alloy Turbine Housings dated June 15, 2018 (WAL-KDG-MSA-2018-0615), together with Amendment No. 1 (February 10, 2020) and Amendment No. 2 (September 3, 2021); (b) WAL engineering

7. Confidentiality All information, documents, data, materials, and communications provided to Dr. Chow and Arclight in connection with this engagement are strictly confidential and proprietary to WAL and C&H. Such materials are provided for the sole purpose of this expert engagement and may not be used for any other purpose. All confidential information and materials are further subject to the terms and conditions o

8. Fees and Billing Arclight shall bill for Dr. Chow's professional services at his standard hourly rate, and for the services of any supporting professionals, research associates, laboratory technicians, or other Arclight personnel involved in this engagement at their respective standard hourly rates. The current hourly rate schedule for Arclight personnel is set forth in Exhibit A attached hereto and incorporated h

9. Communication Protocol To ensure the integrity of the engagement and to protect applicable privileges, all communications between Arclight and/or Dr. Chow, on the one hand, and C&H, on the other hand, shall be directed through the following primary contacts: Simone Laroche, Senior Associate Calderwood & Harkness LLP 600 Lexington Avenue, New York, NY 10022 Telephone: (212) 558-4127 Email: slaroche@calderwoodharkne

10. Term and Termination This engagement shall remain in effect from the date hereof through the conclusion of the arbitration proceedings in ICC Case No. 27914/MHM, including any post-award proceedings, unless terminated earlier in accordance with this Section 10. This engagement may be terminated by either party upon thirty (30) days' prior written notice to the other party, provided, however, that any termination

11. Governing Law This engagement letter and the rights and obligations of the parties hereunder 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.

12. Acceptance and Counterparts If the foregoing terms are acceptable, we respectfully request that Dr. Chow countersign this letter in the space provided below and return a signed copy to the undersigned to confirm acceptance of the engagement. A scanned copy returned by email shall be sufficient for purposes of confirming acceptance, with an original to follow by mail. This letter may be executed in counterparts, e