Contract analysis

I. PURPOSE OF MEMORANDUM This memorandum recommends the retention of Dr. Vivian Ostrowski, Principal at Archer & Colvin Consulting Group, as Cascade Retail Holdings Inc.'s ("Cascade") testifying damages and economics expert in the above-referenced litigation. The purpose of this retention is to provide Cascade with a credible, experienced expert who can serve a dual function: (1) preparing a thorough rebuttal of the

II. BACKGROUND ON THE NEED FOR EXPERT TESTIMONY A. Vantor's Damages Claims Vantor's complaint, as amended on April 22, 2022, asserts claims for tortious interference with contractual relations, tortious interference with prospective economic advantage, and unfair business practices under California Business and Professions Code Section 17200. At the core of each claim is Vantor's contention that Cascade deliberately

III. RECOMMENDED EXPERT: DR. VIVIAN OSTROWSKI A. Overview and Contact Information I recommend retaining Dr. Vivian Ostrowski as Cascade's testifying damages and economics expert. Dr. Ostrowski's contact information and firm details are as follows: Full Name: Vivian Ostrowski, Ph.D. Title: Principal Firm: Archer & Colvin Consulting Group Address: 701 Fifth Avenue, Suite 4100, Seattle, Washington 98104 Entity Type: Gen

IV. PROPOSED SCOPE OF ENGAGEMENT The proposed scope of Dr. Ostrowski's engagement encompasses the following categories of work, each of which is critical to Cascade's defense against Vantor's $87.4 million damages claim. A. Rebuttal of Dr. Harold Pryce / Meridian Forensic Economics Damages Analysis The primary objective of Dr. Ostrowski's engagement is to review, analyze, and prepare a thorough rebuttal of the damage

V. ESTIMATED EXPERT FEES AND BUDGET A. Fee Structure Dr. Ostrowski's standard hourly rate for testifying expert work is $875 per hour. Supporting analysts at Archer & Colvin bill at rates ranging from $325 to $525 per hour, depending on experience and seniority. Senior associates and project managers at Archer & Colvin bill at rates ranging from $525 to $675 per hour. All fees are billed on an hourly basis, with mont

VI. ENGAGEMENT TERMS AND LOGISTICS A. Retention Agreement I recommend that Calderwood & Harkness enter into a formal retention agreement with Archer & Colvin Consulting Group for the engagement of Dr. Ostrowski. The retention will be coordinated through Calderwood & Harkness, with all fees billed through the firm to Cascade in accordance with our standard procedures for outside expert retention. The engagement letter

VII. RECOMMENDATION For all of the reasons set forth in this memorandum, I strongly recommend retaining Dr. Vivian Ostrowski of Archer & Colvin Consulting Group as Cascade Retail Holdings Inc.'s testifying damages and economics expert in Vantor Holdings Corp. v. Cascade Retail Holdings Inc., Case No. 21STCV-34872. Dr. Ostrowski's qualifications are ideally suited to this engagement. Her over twenty years of experienc

1. Authorization to proceed with the formal retention of Dr. Vivian Ostrowski and Archer & Colvin Consulting Group at the estimated budget of $485,000, subject to client approval.

2. Authorization to present this retention recommendation to David Pruitt, General Counsel & Corporate Secretary of Cascade, and to advise Margaret Prumvane, CEO & President, of the proposed engagement.

3. A meeting to discuss this recommendation at your earliest convenience. I am available at any time this week and am prepared to address any questions or concerns you may have regarding Dr. Ostrowski's qualifications, the proposed scope of engagement, or the estimated budget. Thank you for your consideration of this recommendation. Respectfully submitted, CALDERWOOD & HARKNESS LLP By: ________ Yuki Nakamura Senior A

VIII. ATTACHMENTS The following attachments are referenced in and accompany this memorandum: Attachment A: Curriculum Vitae of Dr. Vivian Ostrowski, Principal, Archer & Colvin Consulting Group Attachment B: Archer & Colvin Consulting Group — Firm Overview and Representative Engagements Attachment C: Proposed Retention Agreement (Draft) — Calderwood & Harkness LLP and Archer & Colvin Consulting Group Attachment D: Sum