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Contract analysis / document-preservation-notice.docx
document-preservation-notice.docx
1025-00010 · 22 clauses
High · 0 Medium · 8 Standard · 0
Section 1: Purpose and Legal Obligation Medium
⚑ Confidentiality undertaking
Section 1: Purpose and Legal Obligation Quorum Insurance Holdings Corp. ("QIH") has become aware of allegations concerning certain business activities at its wholly owned subsidiary, Ashgrove Equity Partners Specialty Underwriting, Inc. ("BSU"), a Connecticut corporation with offices located at 55 Elm Street, 8th Floor, Hartford, CT 06103. The nature of these allegations relates to commercial property policy placemen
Section 2: Scope of Preservation Obligation Medium
⚑ Liability cap to check against exposure
Section 2: Scope of Preservation Obligation The preservation obligation imposed by this Notice is broad and encompasses the categories of documents and ESI described below. Each custodian is required to preserve all documents and ESI that fall within any of the following categories, regardless of format, location, or medium of storage. If you are uncertain whether a particular document or category of information fall
Section 3: Types of Materials Covered
Section 3: Types of Materials Covered The preservation obligation set forth in this Notice covers all forms of documents and ESI, regardless of format, medium of storage, or location. For the avoidance of doubt, the following types of materials are expressly included within the scope of this preservation obligation: • Paper documents, including originals, copies, and duplicates, and handwritten notes, annotations, ma
Section 4: Suspension of Routine Document Destruction
Section 4: Suspension of Routine Document Destruction Effective immediately upon receipt of this Notice, all routine document-retention policies, document-destruction schedules, auto-delete settings, and scheduled purges applicable to any in-scope materials are hereby suspended. This suspension applies without exception and remains in effect until this litigation hold is formally released in writing by the General Co
Section 5: Identified Custodians
Section 5: Identified Custodians The following individuals are the initial custodians subject to this litigation hold. Additional custodians may be identified as the internal review progresses, and supplemental notices will be issued to any newly identified custodians. If you are not listed below but have received this Notice, you are nonetheless subject to the preservation obligations described herein. 5.1 Primary C
Section 6: Custodian Obligations and Acknowledgment
Section 6: Custodian Obligations and Acknowledgment Each custodian who receives this Notice is required to take the following actions promptly and in good faith:
1. Read this Notice in its entirety immediately upon receipt. Each custodian must familia
1. Read this Notice in its entirety immediately upon receipt. Each custodian must familiarize himself or herself with the scope of the preservation obligation, the types of materials covered, and the consequences of non-compliance described herein. If any portion of this Notice is unclear, the custodian must contact the General Counsel or Calderwood & Harkness LLP for clarification before taking any action with respe
2. Identify and segregate all documents and ESI within the custodian's possession, custod
2. Identify and segregate all documents and ESI within the custodian's possession, custody, or control that fall within the scope described in Section 2. Each custodian must conduct a reasonable and diligent search of all locations where in-scope materials may be found, including corporate systems, shared drives, local hard drives, personal devices, personal accounts, desk files, file cabinets, storage boxes, and any
3. Refrain from deleting, destroying, discarding, altering, concealing, or transferring a
3. Refrain from deleting, destroying, discarding, altering, concealing, or transferring any in-scope documents or ESI. This obligation is absolute and applies regardless of whether the custodian believes the materials to be duplicative, immaterial, or otherwise unnecessary. No in-scope materials may be deleted from any device, account, system, or repository. No paper documents within scope may be discarded, shredded,
4. Preserve all in-scope materials on personal devices and in personal accounts as descri
4. Preserve all in-scope materials on personal devices and in personal accounts as described in Section 2.2(h). Each custodian must take affirmative steps to identify and preserve any in-scope materials that may exist on personal mobile phones, personal tablets, personal laptops, home computers, personal email accounts, personal cloud storage accounts, or any other personal device or account used for QIH or BSU busin
5. Notify the General Counsel or Calderwood & Harkness LLP immediately if the custodian b
5. Notify the General Counsel or Calderwood & Harkness LLP immediately if the custodian becomes aware that in-scope materials have been or are at risk of being destroyed, altered, lost, or compromised. This notification obligation applies regardless of how the custodian becomes aware of the risk, including if the custodian learns that another individual may have destroyed or is contemplating destroying in-scope mater
6. Sign and return the Acknowledgment and Certification Form attached as Exhibit 1 to thi
6. Sign and return the Acknowledgment and Certification Form attached as Exhibit 1 to this Notice. The completed Acknowledgment and Certification Form must be returned to the General Counsel's office at the address set forth below within five (5) business days of the custodian's receipt of this Notice. Failure to return the completed form within the specified timeframe will be reported to the Audit Committee and may
7. Direct any questions regarding the scope of this hold, the preservation obligations, o
7. Direct any questions regarding the scope of this hold, the preservation obligations, or any aspect of this Notice to the following individuals: • Owen R. Hargrove, General Counsel & Secretary, Quorum Insurance Holdings Corp. • Conrad Ashby, Responsible Partner, Calderwood & Harkness LLP • Steven Hollander, Lead Associate, Calderwood & Harkness LLP Contact information for these individuals is provided in Section 10
Section 7: Confidentiality Medium
⚑ Confidentiality undertaking
Section 7: Confidentiality This Notice, the existence of the internal review being conducted by Calderwood & Harkness LLP on behalf of the Audit Committee, and all facts, circumstances, and communications relating to the internal review are strictly confidential and are protected by the attorney-client privilege and the attorney work-product doctrine. Recipients of this Notice must not discuss this Notice, its conten
Section 8: Consequences of Non-Compliance Medium
⚑ Forum / governing law
Section 8: Consequences of Non-Compliance QIH takes its document-preservation obligations with the utmost seriousness and expects full, prompt, and good-faith compliance from all recipients of this Notice. Failure to comply with the obligations set forth in this Notice may result in serious consequences, including the following: • Disciplinary action, up to and including termination of employment. QIH reserves the ri
Section 9: Duration of Hold Medium
⚑ Notice / time limit to track
Section 9: Duration of Hold This litigation hold will remain in effect until it is formally released in writing by the General Counsel or Calderwood & Harkness LLP. No oral communication, informal statement, or passage of time shall be construed as a release of this hold. Only a written release, signed by the General Counsel or an authorized partner of Calderwood & Harkness LLP, will serve to terminate the obligation
Section 10: Contact Information for Questions Medium
⚑ Confidentiality undertaking
Section 10: Contact Information for Questions All questions regarding the scope of this litigation hold, the preservation obligations described herein, or any aspect of this Notice should be directed to the following individuals: Owen R. Hargrove General Counsel & Secretary Quorum Insurance Holdings Corp. 400 Atlantic Street, Suite 3200 Stamford, CT 06901 Conrad Ashby Responsible Partner Calderwood & Harkness LLP 122
1. I have read and understand the Document Preservation and Litigation Hold Notice dated
1. I have read and understand the Document Preservation and Litigation Hold Notice dated ____ (the "Notice"), which was issued by Owen R. Hargrove, General Counsel & Secretary, Quorum Insurance Holdings Corp., in connection with Matter No. 1025-00010.
2. I will comply fully with all obligations described in the Notice, including but not li Medium
⚑ Liability cap to check against exposure
2. I will comply fully with all obligations described in the Notice, including but not limited to the obligation to preserve all documents and electronically stored information ("ESI") within the scope of the Notice, the obligation to refrain from deleting, destroying, discarding, altering, concealing, or transferring any in-scope materials, and the obligation to maintain the confidentiality of the Notice and the int
3. I have taken steps to identify and preserve all documents and ESI within my possession
3. I have taken steps to identify and preserve all documents and ESI within my possession, custody, or control that fall within the scope of the Notice, including materials on corporate systems, personal devices, and personal accounts used for business purposes.
4. I am not aware of any destruction, loss, or alteration of in-scope documents or ESI, e
4. I am not aware of any destruction, loss, or alteration of in-scope documents or ESI, except as described below: ________________________________________ ________________________________________ ________________________________________ (If none, write "None.")
5. I will promptly notify the General Counsel or Calderwood & Harkness LLP if I become aw Medium
⚑ Confidentiality undertaking
5. I will promptly notify the General Counsel or Calderwood & Harkness LLP if I become aware of any actual or threatened destruction, loss, alteration, or compromise of in-scope materials, whether involving my own materials or materials in the possession of any other person. ________________________________________ Signature ________________________________________ Printed Name _______________________________________