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Contract analysis / document-preservation-notice-tsl.docx
document-preservation-notice-tsl.docx
High · 1
Medium · 2
Standard · 0
I. SCOPE OF PRESERVATION OBLIGATION
Medium
⚑ Liability cap to check against exposure
I. SCOPE OF PRESERVATION OBLIGATION TSL must immediately preserve all documents and records in any format whatsoever that are potentially relevant to the Dispute. For the avoidance of doubt, the term "documents" as used throughout this Notice encompasses, without limitation, all materials in any form or medium, including paper records, electronic files, email messages (including attachments), text messages (SMS and M
II. IMMEDIATE ACTIONS REQUIRED
Medium
⚑ Liability cap to check against exposure
II. IMMEDIATE ACTIONS REQUIRED The following actions must be taken by TSL immediately upon receipt of this Notice and, in any event, no later than five (5) business days from the date hereof. Each action is mandatory and must be documented in writing and confirmed to the undersigned. A. Suspend Document Destruction Policies TSL must immediately suspend any and all document destruction, retention, recycling, or purgin
III. DURATION OF PRESERVATION OBLIGATION
III. DURATION OF PRESERVATION OBLIGATION The preservation obligation set forth in this Notice remains in full force and effect until further written notice from Calderwood & Harkness LLP. The undersigned will advise TSL in writing when the preservation obligation may be modified, narrowed, or lifted, in whole or in part, based on the status and progression of the Dispute. TSL must not assume that the preservation obl
IV. CONSEQUENCES OF NON-COMPLIANCE
High
⚑ Penalty / liquidated damages
IV. CONSEQUENCES OF NON-COMPLIANCE We are obligated to advise TSL of the serious consequences that may result from a failure to comply with the preservation obligations described in this Notice. Such consequences may include, without limitation: (a) Adverse inferences: A court or administrative tribunal may draw adverse inferences against TSL based on the destruction or loss of relevant documents, including an infere
V. QUESTIONS AND CONTACT INFORMATION
V. QUESTIONS AND CONTACT INFORMATION If you have any questions about the scope of this preservation obligation, or if you become aware of any relevant documents that may be at risk of destruction, deletion, alteration, or loss, please contact the following members of the Calderwood & Harkness team immediately: Christy Bauer, Senior Associate (Lead Associate, IP Group) Email: christy.bauer@calderwoodharkness.com Garre