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Contract analysis / expert-retention-letter-meridian-bridge.docx
expert-retention-letter-meridian-bridge.docx
High · 0
Medium · 7
Standard · 2
1. Purpose and Background of Engagement
Standard
⚑ Commercial term
1. Purpose and Background of Engagement Calderwood & Harkness LLP represents Nexford Industrial Holdings Inc. ("Nexford" or "NIH"), a Delaware corporation headquartered at 4200 West Lakeshore Industrial Parkway, Suite 300, Waukegan, Illinois 60085, in the above-referenced litigation currently pending before the Circuit Court of Cook County, Illinois, County Department, Law Division. Nexford is a precision metal fabri
2. Scope of Engagement
Medium
⚑ Liability cap to check against exposure
2. Scope of Engagement Meridian Bridge is being retained to provide comprehensive damages analysis and, if necessary, expert testimony in connection with the surcharge dispute described above. The engagement will encompass both the analysis necessary to support Nexford's affirmative defenses and counterclaim and the preparation of rebuttal analysis addressing Cardinal Peak's damages claims. The specific tasks include
3. Key Documents and Materials
Medium
⚑ Liability cap to check against exposure
3. Key Documents and Materials Calderwood & Harkness will provide Meridian Bridge with relevant documents and materials necessary to perform the services described in Section 2 above. The documents and materials to be provided include, but are not limited to, the following: (a) The Master Supply Agreement MSA-NIH-CPI-2020-001, dated January 15, 2020, including all exhibits (with particular focus on Exhibit C — Surcha
4. Coordination with Counsel
Medium
⚑ Forum / governing law
4. Coordination with Counsel All work performed by Meridian Bridge in connection with this engagement shall be at the direction of and coordinated with Calderwood & Harkness LLP. The Firm will provide direction regarding the scope, timing, and priorities of Meridian Bridge's work to ensure that the engagement is aligned with the overall litigation strategy and schedule. The primary contacts at Calderwood & Harkness f
5. Fees and Billing
Standard
⚑ Commercial term
5. Fees and Billing Meridian Bridge shall bill for its services on an hourly basis at the rates set forth below. These rates are effective as of the date of this retention letter and shall remain in effect for the duration of the engagement unless modified by mutual written agreement of the parties. Meridian Bridge shall submit detailed invoices to Calderwood & Harkness LLP on a monthly basis, in arrears. Invoices sh
6. Confidentiality Obligations
Medium
⚑ Notice / time limit to track
6. Confidentiality Obligations All information, documents, data, materials, communications, and work product provided to or generated by Meridian Bridge in connection with this engagement are strictly confidential. The confidential nature of this engagement and the materials associated with it is of paramount importance to both Calderwood & Harkness and Nexford. Meridian Bridge shall not disclose any information rela
7. Independence and Conflicts
7. Independence and Conflicts The integrity of any expert engagement depends upon the independence and objectivity of the retained expert. Accordingly, Meridian Bridge confirms and represents that, as of the date of this retention letter, it has no conflicts of interest with respect to this engagement. Specifically, Meridian Bridge confirms that neither the firm nor any of its principals, employees, or affiliates has
8. Term and Termination
Medium
⚑ Notice / time limit to track
8. Term and Termination The engagement described in this retention letter commences upon execution of this letter by both parties and shall continue until the earliest of the following: (a) Completion of all services described herein, including the delivery of any expert reports and the conclusion of any deposition or trial testimony; (b) Resolution of the litigation, whether by settlement, judgment, voluntary dismis
9. Governing Law
Medium
⚑ Forum / governing law
9. Governing Law This retention letter shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws principles. Any dispute arising out of or in connection with this retention letter shall be resolved in the courts of the State of Illinois, County of Cook, or in the United States District Court for the Northern District of Illinois, and the parties he
10. Acceptance
10. Acceptance If the foregoing accurately reflects your understanding of the terms and conditions of this engagement, please indicate your acceptance by signing in the space provided below and returning a signed copy of this letter to the undersigned at the address set forth above. A copy may be returned by hand delivery, overnight courier, or scanned electronic copy (with an original to follow by mail). We look for
1. Master Supply Agreement MSA-NIH-CPI-2020-001, dated January 15, 2020 (including Exhibi
1. Master Supply Agreement MSA-NIH-CPI-2020-001, dated January 15, 2020 (including Exhibit C — Surcharge Methodology and all amendments thereto)
2. Cardinal Peak's Complaint, filed August 8, 2022 (Case No. 2022-L-008471, Circuit Court
2. Cardinal Peak's Complaint, filed August 8, 2022 (Case No. 2022-L-008471, Circuit Court of Cook County, Illinois)
3. Nexford's Answer and Affirmative Defenses, filed September 19, 2022
3. Nexford's Answer and Affirmative Defenses, filed September 19, 2022
4. Nexford's Counterclaim, filed October 3, 2022
4. Nexford's Counterclaim, filed October 3, 2022
5. Selected surcharge invoices and Surcharge Notices from the March 2021 through May 2022
Medium
⚑ Confidentiality undertaking
5. Selected surcharge invoices and Surcharge Notices from the March 2021 through May 2022 disputed period Additional documents and materials will be provided on a rolling basis as described in Section 3 of this retention letter. CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGED / WORK PRODUCT Timekeeper | Hourly Rate Dr. Anita Rosenthal, CPA, ABV — Principal / Testifying Expert | $475.00 Senior Consultant | $325.00 Staff Con