Contract analysis

I. Purpose and Scope of Audit This memorandum documents the results of the third periodic litigation hold compliance audit conducted by Calderwood & Harkness LLP ("C&H" or the "Firm") in connection with the defense of Northgate Networks America Inc. ("NNA") and Northgate Telecommunications PLC ("NTP" or "NTP Group," and together with NNA, "Northgate" or the "Company") in the matter of Ridgepoint Communications Inc. v

II. Summary of Key Findings The principal findings of this third periodic compliance audit are as follows:

1. Overall Compliance Confirmed. All twenty-three (23) custodians identified in the original Hold Notice (or their successors and designees, as applicable) have been re-confirmed as subject to the litigation hold. Each custodian or successor has acknowledged receipt of a hold reminder notice issued in connection with this audit cycle.

2. Document Collection Volume. Total documents collected to date from all twenty-three (23) custodian sources amount to approximately 1.2 million documents and associated ESI. All collected materials have been processed and are hosted by Candela discovery Solutions Inc. ("Candela"), located at 200 Park Avenue South, 14th Floor, New York, New York 10003, under the supervision of project manager Kenji Takahashi.

3. Potentially Responsive Documents. Approximately 87,000 documents have been identified as potentially responsive to anticipated discovery requests, based on preliminary keyword searches, date-range filtering, and custodian prioritization analysis. No full-scale document review has been initiated given the stayed posture of the District Court Action.

4. Custodian Changes. Two custodian changes have been identified since the litigation hold was initially implemented: (a) The Regional Director of Colocation Services (Mid-Atlantic) departed NNA in May 2023. All data associated with this custodian has been imaged and preserved, and a successor has been added to the custodian list. Detailed remediation steps are documented in Section V.A below. (b) The VP of Regulator

5. No Material Preservation Failures. No material preservation failures have been identified during the audit period. Minor remediation actions have been noted and are described in the body of this memorandum.

6. Document Processing and Hosting. Document processing and hosting on Candela's Concordia Review™ platform continues. The platform is maintained in a ready state for activation of full document review workflows upon the lifting of the stay in the District Court Action or as otherwise required by the FCC Proceeding.

7. Candela Fees. Total fees paid or accrued to Candela discovery Solutions Inc. through August 2023 are $294,000, inclusive of initial processing, platform hosting, and incremental collections.

III. Litigation Hold — Original Parameters A. Hold Notice Details The original litigation hold notice was issued by Calderwood & Harkness LLP on September 21, 2022, two days after Ridgepoint Communications Inc. filed its complaint initiating the District Court Action on September 19, 2022. The Hold Notice was issued to Northgate Networks America Inc. and Northgate Telecommunications PLC, and was directed to Catherine

1. Ridgepoint Interconnection and Colocation Requests. All documents and ESI relating to Ridgepoint Communications Inc.'s interconnection and colocation requests for the following fourteen (14) facilities located in the Philadelphia–Baltimore–Washington, D.C. corridor (the "Disputed Facilities"):

2. Wholesale Access Policy. All documents and ESI relating to the Wholesale Access Policy ("WAP"), adopted in January 2020, including but not limited to all drafts of the WAP, internal deliberations concerning the development, adoption, and implementation of the WAP, board or management committee presentations or approvals, internal memoranda analyzing the competitive or regulatory implications of the WAP, and all re

3. Master Interconnection Agreement. All documents and ESI relating to the Master Interconnection Agreement ("MIA") between Northgate Networks America Inc. and Ridgepoint Communications Inc., originally executed on June 15, 2015, which expired by its terms on June 14, 2020, and the subsequent month-to-month holdover arrangement under which certain services continued to be provided following the expiration of the MIA.

4. Capacity Utilization Data. All documents and ESI relating to capacity utilization data for the fourteen (14) Disputed Facilities, including but not limited to NorthgateOS™ platform records, engineering assessments, utilization reports, capacity planning models, and internal analyses. Northgate's position in the litigation is that each of the Disputed Facilities operates at or above eighty-five percent (85%) capaci

5. Communications with Ridgepoint. All communications with Ridgepoint Communications Inc., including communications with its officers Gregory Trent (CEO), Samira Hashemi (General Counsel), and Theodore Braun (VP of Network Engineering), as well as communications with Ridgepoint's outside counsel, Hargrove, Winslow & Burke LLP.

6. FCC Communications. All communications with the Federal Communications Commission, including but not limited to formal filings, informal inquiries, ex parte notices, and correspondence relating to FCC Docket No. WC-23-0042.

7. Market Data and Competitive Analysis. All market data, competitive analysis, pricing information, and strategic assessments relating to enterprise fiber-optic transport services in the Mid-Atlantic region, including internal market studies, pricing models, competitor analyses, and assessments of the competitive landscape in the relevant geographic and product markets at issue in the Ridgepoint Matter. The Hold Not

1. Email Systems. All email communications maintained on Strathmore Data Systems and Larkspur Health IT (O365) platforms, including sent and received messages, attachments, calendar entries, and archived mailbox contents for all identified custodians.

2. Network Shared Drives and Document Management Systems. All files, folders, and documents stored on Northgate's network shared drives and enterprise document management systems, including Aldermere Systems repositories and any departmental or project-specific file shares accessible to identified custodians.

3. Individual Workstation Data and Laptops. All locally stored files, documents, and ESI residing on individual workstations, laptops, and other computing devices assigned to or used by identified custodians.

4. Mobile Devices and Messaging Applications. All data stored on company-issued or personally owned mobile devices used for business purposes by identified custodians, including text messages (SMS/MMS), messaging application data (including but not limited to Northgate Data Systems, Meridian Solutions, and Meridian Services Inc. Business), and any other mobile communications platforms used in connection with Company

5. Enterprise Resource Planning (ERP) and CRM Systems. Relevant data from Northgate's ERP and customer relationship management systems to the extent such data relates to the categories of information specified in the Hold Notice.

6. NorthgateOS™ Platform Administration Records. All administration records, logs, utilization data, configuration files, and system reports generated by or maintained within the NorthgateOS™ platform, which is Northgate's proprietary network operations and management system used to monitor and administer the Disputed Facilities.

7. Physical Paper Files. All physical paper documents, files, notebooks, and records maintained at relevant Northgate offices, including the Tysons Corner, Virginia headquarters and regional offices in the Mid-Atlantic corridor.

8. Backup Tapes and Archived Data. All backup tapes, disaster recovery media, and archived data that may contain documents or ESI relevant to the Matter. The rotation and recycling of backup tapes has been suspended since the issuance of the Hold Notice, and all tapes from September 2022 forward have been sequestered.

IV. Audit Methodology This third periodic compliance audit was conducted using a three-step process consistent with the methodology employed in the prior two audits. The three steps are described below. Step 1: Custodian Acknowledgment Re-Confirmation During the first two weeks of August 2023, each of the twenty-three (23) custodians (or their successors, as applicable) received a litigation hold reminder notice. The

V. Custodian Changes and Remediation Two custodian changes were identified during the audit period and have been fully remediated as described below. A. Custodian Departure — Regional Director of Colocation Services (Mid-Atlantic) One of the original twenty-three (23) custodians, the Regional Director of Colocation Services (Mid-Atlantic) (Custodian No. 7 on the original custodian list), departed Northgate Networks A

1. Data Preservation Imaging. Upon receiving notice of the custodian's planned departure, Candela discovery Solutions Inc. was engaged to perform a comprehensive forensic image of the departing custodian's data. The imaging encompassed the custodian's email archive (including sent, received, deleted, and archived messages), all contents of shared drives to which the custodian had access, and all locally stored data o

2. Exit Interview. An exit interview was conducted jointly by Catherine Ng, U.S. Deputy General Counsel of NNA, and Monica Reyes of Calderwood & Harkness LLP. The purpose of the exit interview was to confirm that no additional data sources existed that had not previously been identified, including any personal devices, external storage media, or cloud-based storage accounts used for Company business. The departing cu

3. Successor Added. A successor was appointed to the Regional Director of Colocation Services (Mid-Atlantic) role. The successor was immediately added to the custodian list and issued a litigation hold notice. The successor acknowledged receipt of the Hold Notice on May 22, 2023. The successor has been informed of the preservation obligations and has confirmed understanding and compliance.

4. Custodian Count. As a result of these remediation steps, the total custodian count remains at twenty-three (23). The departed custodian's data has been fully preserved and remains accessible on the Concordia Review™ platform. The successor has been added as a replacement custodian and is subject to ongoing hold obligations and incremental data collection. B. Custodian Role Change — VP of Regulatory Compliance One

1. Preservation of U.S. Data. It was confirmed with the NNA IT department that the custodian's U.S. email archive and shared drive access remain intact and continue to be subject to the litigation hold. No data was migrated, deleted, or otherwise altered in connection with the role change.

2. Re-Issuance of Hold Notice. A hold reminder notice was re-issued to the custodian at the updated London mailing and email address. The custodian acknowledged receipt of the re-issued notice on July 3, 2023, and confirmed continued understanding of and compliance with the preservation obligations.

3. Coordination with NTP Group IT. Calderwood & Harkness LLP coordinated with NTP Group's IT department in London to ensure that any new documents or ESI generated by the custodian in the London role that relate to the Ridgepoint Matter, the FCC Proceeding, or the fourteen (14) Disputed Facilities are preserved and subject to the Hold. NTP Group IT confirmed that appropriate preservation measures are in place for the

4. Continued Involvement. The custodian remains on the active custodian list and continues to be subject to quarterly hold reminders and incremental data collection. No change to the total custodian count has resulted from this role change.

VI. Document Collection and Processing Status A. Collection Summary As of the date of this memorandum, a total of approximately 1.2 million documents and associated ESI have been collected from all twenty-three (23) custodians. Collection has been conducted in two principal waves, supplemented by ongoing incremental collections: Wave 1 (October–November 2022). The initial collection wave was conducted in October and

1. Platform Maintenance. Candela continues to maintain all previously collected data on the Concordia Review™ platform in a secure, accessible state. Platform hosting, data integrity checks, and access controls are maintained on an ongoing basis.

2. Monthly Incremental Collections. Automatic email and document collection from all active custodians' accounts continues on a rolling monthly basis. These incremental collections capture any newly generated materials relevant to the Matter, including correspondence and documents relating to the FCC Proceeding. Each incremental collection is processed, de-duplicated, and loaded to the Concordia Review™ platform.

3. FCC Hearing Preparation Materials. The FCC evidentiary hearing before ALJ Robert Fenwick was initially scheduled for September 2023 but has been postponed to January 2024 due to FCC staffing constraints. The postponement was announced on August 28, 2023. As hearing preparation intensifies in the coming months, additional documents related to hearing preparation — including expert reports, witness outlines, exhibit

4. Candela Fees. Total Candela discovery Solutions Inc. fees to date are $294,000. This amount is inclusive of initial processing (Waves 1 and 2), platform hosting charges, and incremental collection fees through August 2023. A detailed breakdown of collection and processing fees is provided in Appendix C.

VII. Systems and IT Compliance Verification As part of this audit, Calderwood & Harkness LLP conducted a comprehensive verification of all IT systems and infrastructure to confirm that automatic deletion and retention policies remain suspended for all data sources subject to the Hold. The results of this verification are as follows:

1. Email Retention Policies. NNA's standard email retention policy provides for the automatic deletion of emails older than two (2) years from custodian mailboxes. This auto-delete policy has been suspended for all twenty-three (23) custodians since the issuance of the Hold Notice on September 21, 2022. The NNA IT department confirmed, as of August 10, 2023, that this suspension remains in effect and that no custodia

2. Backup Tape Rotation. NNA's standard backup tape rotation schedule, which provides for the periodic overwriting and recycling of backup media, has been suspended for all tapes from September 2022 forward. All such tapes have been sequestered and are maintained in a secure offsite storage facility. The NNA IT department confirmed that no sequestered tapes have been overwritten, recycled, or otherwise altered during

3. Aldermere Systems and Shared Drive Auto-Archival. Automatic archival processes that would ordinarily move inactive files from Aldermere Systems sites and shared drives to cold storage or offline archives have been paused for all repositories identified as containing potentially relevant materials. The NNA IT department confirmed that these processes remain paused and that no relevant files have been moved or rende

4. NorthgateOS™ Platform Logs. NorthgateOS™ platform administration logs and utilization data, which are critical to Northgate's defense regarding the 85% capacity utilization threshold, continue to be retained without automatic purging. The NNA IT department confirmed that no purging or overwriting of NorthgateOS™ data has occurred during the audit period.

5. IT Audit Confirmation. A formal audit confirmation letter was received from the NNA IT department on August 10, 2023. The letter confirms the continued suspension of all relevant automatic deletion and retention policies across all data sources identified in the Hold Notice, and certifies that no instances of inadvertent data destruction were identified during the audit period. Conclusion. No instances of inadvert

VIII. Risks and Recommendations A. Extended Dormancy Risk The stay of the District Court Action has been in effect since March 14, 2023 — approximately five (5) months as of the date of this memorandum. The FCC Proceeding timeline has already experienced slippage: the evidentiary hearing before ALJ Fenwick, initially scheduled for September 2023, has been postponed to January 2024 due to FCC staffing constraints. Fol

1. A refresh collection will be conducted from all active custodians to capture any documents and ESI generated since the most recent incremental collection.

2. Full document review will be initiated on the Concordia Review™ platform, employing the pre-designed review workflows for privilege review, responsiveness coding, and redaction.

3. The Proposed discovery Plan and Scheduling Order, currently held in draft form, will be finalized and prepared for submission to the Court.

4. The litigation team will convene to assess the implications of the triggering event and to develop an updated case strategy and timeline.

IX. Conclusion Based on the third periodic compliance audit conducted by Calderwood & Harkness LLP, the overall finding is that Northgate Networks America Inc. and Northgate Telecommunications PLC are in compliance with their litigation hold obligations as of August 18, 2023, in connection with Ridgepoint Communications Inc. v. Northgate Networks America Inc. et al., Case No. 1:22-cv-01487-CMW (E.D. Va.), and FCC Doc

1. All twenty-three (23) custodian positions are accounted for. One custodian departure (Regional Director of Colocation Services, Mid-Atlantic) and one custodian role change (VP of Regulatory Compliance, transferred to London) have been identified and fully remediated. Data preservation for the departed custodian is complete, a successor has been added, and the transferred custodian continues to be subject to the Ho

2. Approximately 1.2 million documents have been collected, processed, and preserved on the Concordia Review™ platform maintained by Candela discovery Solutions Inc. Approximately 87,000 documents have been identified as potentially responsive to anticipated discovery based on preliminary keyword and date-range filtering.

3. No material preservation failures have been identified. All automatic deletion policies, backup tape rotation schedules, and document retention processes remain suspended for all custodian data sources, as confirmed by the NNA IT department.

4. The Concordia Review™ platform remains provisioned and in a ready state for full document review activation upon the lifting of the stay or other reactivation event.

5. The next periodic compliance audit is recommended for approximately February 2024, timed to follow the rescheduled FCC evidentiary hearing. We respectfully request that Catherine Ng, U.S. Deputy General Counsel of Northgate Networks America Inc., confirm receipt of this memorandum and advise Calderwood & Harkness LLP of any additional custodian changes, data source modifications, or other developments that may aff

1. Do not destroy, delete, alter, or discard any documents or ESI that may relate to the matters described in the original litigation hold notice, including but not limited to: • Documents relating to Ridgepoint Communications Inc.'s interconnection and colocation requests • Documents relating to the Wholesale Access Policy (WAP) • Documents relating to the Master Interconnection Agreement with Ridgepoint • Capacity

2. Continue to preserve all emails, files, documents, text messages, instant messages, voicemails, handwritten notes, and any other records that fall within the scope of the hold, regardless of the format or location of such materials.

3. Notify Calderwood & Harkness LLP immediately if you become aware of any documents or ESI that may be relevant to the matter but have not previously been identified or collected, or if you experience any changes in your data storage practices, communication channels, or device usage.