Contract analysis

1. Purpose and Legal Obligation This Litigation Hold Notice is issued by Calderwood & Harkness LLP ("C&H" or "outside counsel") in connection with our representation of Nexford Industrial Holdings Inc. ("Nexford" or "NIH") in the above-referenced litigation commenced by Cardinal Peak Industries ("Cardinal Peak" or "CPI"), a Colorado limited liability company headquartered at 1580 Ridgeline Boulevard, Pueblo, Colorado

1. Breach of Contract — alleging that Nexford breached its obligations under the Master Supply Agreement between the parties (MSA Reference No. MSA-NIH-CPI-2020-001), dated January 15, 2020 (the "MSA"), by improperly rejecting or only partially paying raw-material surcharge invoices submitted by Cardinal Peak pursuant to Section 7.4 of the MSA;

2. Unjust Enrichment — alleging that Nexford was unjustly enriched by receiving the benefit of continued steel product deliveries at prices that did not reflect the full surcharges to which Cardinal Peak was contractually entitled; and

3. Account Stated — alleging that the surcharge invoices submitted by Cardinal Peak, to the extent not timely disputed, constitute an account stated upon which Nexford is liable. The dispute at the heart of this Litigation arises from raw-material surcharge pass-throughs under the MSA. Specifically, Cardinal Peak claims that Nexford improperly rejected or only partially paid surcharge invoices totaling approximately

2. Scope of the Litigation Hold The following subsections define the subject matter, time period, and key custodians encompassed by this Litigation Hold. The descriptions below are intended to be illustrative and comprehensive but not necessarily exhaustive. If you become aware of additional categories of relevant materials or additional custodians not identified below, please bring them to the immediate attention of

3. Categories of Materials to Be Preserved The following is a detailed, non-exhaustive description of the types of materials that must be preserved. If you are uncertain whether a particular item falls within the scope of this Litigation Hold, err on the side of preservation and direct your question to the contacts identified in Section 7. 3.1 Paper Documents All paper documents within the scope of this hold must be

4. Instructions for Compliance 4.1 Immediate Actions Required The following actions must be taken immediately upon receipt of this Litigation Hold Notice: (a) Suspend routine destruction. All routine document destruction, recycling, shredding, or purging schedules must be suspended as they apply to the categories of materials described in Sections 2 and 3 above. This includes the suspension of any scheduled records r

5. Consequences of Non-Compliance Calderwood & Harkness LLP wishes to reiterate the seriousness of the preservation obligation described in this Litigation Hold Notice. Under Illinois law and applicable federal law principles, a party has a duty to preserve evidence that is relevant to pending or reasonably anticipated litigation. The duty to preserve attaches when litigation is reasonably foreseeable, which in this

6. Duration of the Hold This Litigation Hold remains in effect until Calderwood & Harkness LLP issues a written release of the hold. No custodian or Nexford employee is authorized to terminate, modify, or narrow the scope of this hold without the express written approval of outside counsel. The Litigation Hold will not be lifted without prior consultation between Calderwood & Harkness LLP and Nexford's General Counse

7. Contact Information All questions regarding this Litigation Hold — including questions about whether specific documents, data, or communications fall within its scope — should be directed to one of the following contacts: Internal Contact: Deborah Whitfield General Counsel Nexford Industrial Holdings Inc. 4200 West Lakeshore Industrial Parkway, Suite 300 Waukegan, Illinois 60085 Telephone: (847) 555-3200 Email: dw