Contract analysis

I. Introduction and Purpose of the Hold Calderwood & Harkness LLP represents Nexford Industrial Holdings Inc. ("Nexford" or the "Company") in the above-referenced litigation. I am writing in my capacity as the responsible partner on this engagement, on behalf of the Calderwood & Harkness engagement team, to issue this formal litigation hold directive. As you are aware, a complaint was filed on March 15, 2022, in the

II. Summary of the Litigation In order to ensure that all relevant categories of documents and information can be identified and preserved, we provide the following summary of the key facts and allegations at issue in this litigation. The Plaintiff. Darren K. Maciejewski, age 47, was employed by Nexford from June 12, 2017, through his termination on September 24, 2021. During his tenure, Maciejewski held the position

III. Scope of the Litigation Hold — Categories of Documents and Information to Be Preserved Set forth below are the specific categories of documents, ESI, and tangible things that must be preserved under this litigation hold. These categories are intended to be illustrative and not exhaustive. If you are uncertain whether a particular document or category of information falls within the scope of this hold, you should

1. Maciejewski's complete personnel file, including his employment application, résumé or curriculum vitae, offer letter, onboarding documents, I-9 verification, background check results, and any amendments, addenda, or modifications to his terms of employment at any time during his tenure.

2. All records reflecting Maciejewski's hiring date of June 12, 2017, his promotion to Senior Quality Assurance Supervisor in or around March 2019, and all salary adjustments throughout his employment, including but not limited to his starting salary of $64,000, the increase to $72,500, and his final salary of $78,400 effective January 2021. This encompasses any salary review forms, compensation approval memoranda, a

3. All performance evaluations, annual reviews, mid-year reviews, performance improvement plans, and any related supervisory notes, comments, or documentation prepared by or provided to any supervisor, manager, or HR representative regarding Maciejewski's job performance during his entire period of employment.

4. Benefits enrollment records, including health insurance, dental, vision, retirement plan (401(k) or similar), life insurance, disability, and any other benefit elections or changes, as well as any documents maintained or generated by Fulcrum Benefits Consulting, Inc. or any other third-party benefits administrator relating to Maciejewski's benefits enrollment, claims, or coverage.

5. All records reflecting any complaints made by or against Maciejewski during his employment, including but not limited to formal grievances, informal complaints, requests for investigation, the results of any internal investigations, HR inquiry files, and any related correspondence or documentation. B. Attendance and Discipline Records All records and documents relating to Maciejewski's attendance, timekeeping, and

1. All attendance and timekeeping records for Maciejewski, including electronic badge-in and badge-out data, time-clock records, shift schedules, overtime logs, leave requests, approved and unapproved absences, and any attendance tracking spreadsheets or reports, for the entirety of his employment from June 12, 2017, through September 24, 2021. This preservation obligation applies with particular emphasis to the peri

2. The first written warning issued to Maciejewski on May 24, 2021, documenting four instances of arriving more than fifteen minutes late to his assigned shift within a thirty-day period, including any supporting documentation, attendance logs, supervisor notes, and HR review forms related to that warning.

3. The final written warning issued to Maciejewski on August 2, 2021, documenting three additional unexcused tardiness incidents between June 1 and July 31, 2021, together with all supporting attendance records, supervisor notes, and HR review or approval documentation.

4. All documentation relating to Maciejewski's unexcused absence on September 20, 2021, including any call-in logs, supervisor reports, or contemporaneous notes.

5. All records of the termination meeting held on September 24, 2021, including any meeting notes, memoranda, pre-meeting planning documents, sign-off forms, termination checklists, or other documentation prepared by or involving Frank Bosch (Plant Manager) and Catherine Donnelly (Vice President, Human Resources), as well as any other individuals who participated in or were consulted regarding the termination decisio

6. Any separation documentation, including separation agreements (whether signed or unsigned), release forms, exit interview records, final pay calculations, vacation or PTO payout records, COBRA notifications, and correspondence regarding post-employment matters.

7. The Nexford Employee Handbook in all versions in effect at any time during Maciejewski's employment, with particular attention to Section 4.3 (attendance and tardiness policy) and any amendments, revisions, supplements, or interpretive memoranda issued in connection therewith during 2021.

8. All progressive discipline policies, procedures, guideline documents, training materials provided to supervisors regarding progressive discipline, and any internal memoranda or directives regarding the application or interpretation of those policies. C. Safety Reports, OSHA Complaint, and Building C Chemical Storage All records and documents relating to safety concerns raised by Maciejewski, the OSHA complaint and

1. All internal reports, memoranda, emails, and communications relating to Maciejewski's safety complaints regarding chemical storage conditions in Building C, including but not limited to: (a) The report submitted by Maciejewski to Frank Bosch on or about April 5, 2021, whether in written, electronic, or any other format, together with any responsive communications from Bosch or any other Nexford personnel; (b) The

2. All documents, reports, and correspondence relating to OSHA Complaint No. 1734892, filed by Maciejewski on or about June 8, 2021, with the OSHA Area Office at 701 Lee Street, Suite 950, Des Plaines, Illinois 60016, including but not limited to: (a) Nexford's receipt of the OSHA notification letter or correspondence regarding the complaint, received on or about June 14, 2021; (b) All documents related to Nexford's

3. All records relating to chemical storage in Building C of the Elgin Facility, including inventories of Class 3 flammable liquids (specifically including but not limited to acetone and isopropanol), safety cabinet capacity logs, safety data sheets ("SDS") for all chemicals stored in Building C, inspection records, and maintenance logs for ventilation and fire suppression systems.

4. All EHS audit reports, safety inspection records, environmental compliance documentation, and internal or third-party safety assessments for the Elgin Facility, with particular attention to Building C, from January 1, 2021, through December 31, 2021. D. Communications Concerning Maciejewski All communications to, from, or concerning Darren K. Maciejewski among any Nexford employees must be preserved. This encompas

1. All versions of the Nexford Employee Handbook in effect at any time from 2017 through the present, including all revisions, supplements, and amendments.

2. All anti-retaliation policies, whistleblower policies, and any policies or procedures addressing employee reports of safety concerns, whether maintained separately or incorporated into the Employee Handbook.

3. Documents reflecting the application of progressive discipline under Employee Handbook § 4.3 or any predecessor provision to employees other than Maciejewski — specifically, records relating to employees in the Quality Assurance department or at the Elgin Facility generally during the period from January 1, 2019, through December 31, 2022. Note: The preservation of these comparative records is necessary to fulfill

4. Organizational charts for the Elgin Facility reflecting the reporting structure for Quality Assurance and EHS personnel, including any versions in effect at any time from 2019 through the present. F. Electronic and Digital Information In addition to the specific categories set forth above, all electronically stored information ("ESI") on any Nexford system or device that may contain materials responsive to this ho

1. Data stored on Nexford's corporate servers, email systems (including email archives and journaling databases), backup tapes and backup media, shared network drives, cloud storage platforms (including but not limited to Sundial Systems, Cobalt Ridge Systems, Crestline Software, or similar services), and individual workstation hard drives.

2. Any company-issued devices previously assigned to Maciejewski, including laptops, desktop computers, mobile phones, and tablets, and any forensic images, data copies, or backups that were created from those devices at or after Maciejewski's separation from the Company. These devices must be preserved in their current state and must not be wiped, reformatted, reassigned, or otherwise altered.

3. Any data from Nexford's Human Resources Information System ("HRIS"), timekeeping system, payroll system, or any other enterprise application containing records relating to Maciejewski or to the subjects at issue in this litigation.

4. All metadata associated with electronic documents falling within the scope of this hold must be preserved intact. Documents must not be converted, reformatted, printed to paper or PDF, or otherwise processed in any manner that would alter or destroy native metadata, including but not limited to file creation dates, modification dates, author information, and access history.

IV. Identified Key Custodians The following individuals are designated as key custodians whose files, documents, and ESI must be preserved in connection with this litigation hold: Additional custodians may be identified as this litigation progresses and as additional facts become known through investigation and discovery. Calderwood & Harkness will provide supplemental instructions identifying any additional custodia

V. Geographic and Facility Scope This litigation hold applies to documents and ESI located at all Nexford locations, including but not limited to: • Elgin Facility: 2700 Industrial Parkway, Elgin, Illinois 60123 — This is the primary locus of the events giving rise to the Plaintiff's claims, including Maciejewski's employment, his safety reports, the Building C chemical storage conditions, and his disciplinary histor

VI. Obligations and Instructions A. Immediate Suspension of Routine Destruction Effective immediately upon receipt of this notice, all routine document destruction, recycling, shredding, and electronic deletion or overwriting schedules must be suspended with respect to any materials falling within the categories described in Section III above. This directive includes but is not limited to: • Suspension of any auto-de

1. Review and Segregation. Key custodians should promptly review their physical and electronic files and identify any materials falling within the scope of this hold. Physical documents should be collected and placed in a secure, clearly identified location (e.g., a locked file cabinet or designated storage area) and should not be removed, altered, annotated, or destroyed. Electronic documents should be identified an

2. Physical Security. All physical documents subject to this hold should be stored in a manner that protects them from inadvertent loss, damage, or destruction. Access to the storage location should be limited to authorized personnel.

3. Electronic Preservation. Where practicable, forensic copies or images should be made of relevant electronic data sources, including hard drives, email archives, and shared drive folders. Calderwood & Harkness can arrange for a third-party forensic vendor to assist with imaging if necessary. Until forensic copies are completed, the original data sources must remain unaltered.

4. Maciejewski's Devices. Any company-issued devices previously assigned to Darren K. Maciejewski that remain in Nexford's possession — including laptops, desktop computers, mobile phones, and tablets — must be preserved in their current state. These devices must not be wiped, reformatted, repurposed, reassigned to another employee, or otherwise altered. If any such devices are currently in storage, they should be id

VII. Coordination with EPLI Carrier We note for the record that Nexford has notified its Employment Practices Liability Insurance ("EPLI") carrier, Verdant Mutual Insurance Company, of the Maciejewski claim. The applicable policy is EPLI Policy No. EPLI-VM-2021-04782, which provides a per-occurrence limit of $2,000,000 and an aggregate limit of $5,000,000, subject to a self-insured retention of $50,000. Verdant Mutua

VIII. Consequences of Non-Compliance We wish to underscore the seriousness of the preservation obligations set forth in this notice. The failure to preserve relevant evidence — whether through intentional destruction, negligent loss, or failure to implement adequate preservation measures — can result in severe consequences, including: • Adverse inference instructions permitting the jury to presume that destroyed or l

IX. Acknowledgment and Contact Information We respectfully request that Ms. Svendsen and Ms. Donnelly each acknowledge receipt of this litigation hold notice and confirm in writing that appropriate steps have been taken — or are being taken — to implement the hold across all Nexford facilities, departments, and systems. In addition, we request that each key custodian identified in Section IV (Frank Bosch, Catherine D