FR EA

Contract analysis

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Contract analysis / engagement-letter.docx
engagement-letter.docx
1044-00005 · 10 clauses
High · 2 Medium · 3 Standard · 2
1. Scope of Engagement High
⚑ Indemnity / guarantee obligation
1. Scope of Engagement The Firm has been engaged to provide the following legal services in connection with the Dispute: (a) Analysis of the AADE audit findings and the Additional Duty Assessment Notices relating to the customs classification and valuation of marine cargo-handling equipment imported by TSL from Hailong Heavy Industries Co., Ltd. (the "Supplier") during the period from January 2019 through July 2022,
2. Engagement Team Standard
⚑ Commercial term
2. Engagement Team The following attorneys will serve as the primary members of the C&H engagement team for this matter: James Prentice, Partner — Mr. Prentice will serve as the Responsible Partner for this engagement. In that capacity, he will provide overall supervision of the engagement, strategic direction, and senior-level involvement in all critical submissions, hearings, and settlement discussions. Mr. Prentic
3. Fee Arrangements Medium
⚑ Notice / time limit to track
3. Fee Arrangements (a) Hourly Rates Fees for professional services rendered by C&H in connection with this engagement will be based on the time devoted to the matter by the attorneys and professional staff assigned to it, billed at the current hourly rates for each such timekeeper. The hourly rates currently in effect for the primary members of the engagement team, as well as the range for paralegal and professional
4. Client Responsibilities
4. Client Responsibilities The effectiveness of our representation depends in significant part on the cooperation and support of TSL and its personnel. Accordingly, TSL agrees to the following: (a) TSL will cooperate fully with the Firm and its agents, including local counsel and retained experts, in the conduct of this matter, and will provide such cooperation in a timely manner so as not to prejudice the progress o
5. Confidentiality and Privilege Medium
⚑ Forum / governing law
5. Confidentiality and Privilege All communications between C&H and TSL in connection with this engagement are intended to be privileged and confidential, whether such communications are characterized as attorney-client privileged communications, attorney work product, litigation preparation materials, or otherwise protected from disclosure under applicable law. This includes, without limitation, written corresponden
6. Conflicts of Interest
6. Conflicts of Interest Prior to accepting this engagement, the Firm conducted a conflicts check in accordance with its standard procedures and the applicable rules of professional conduct. Based on that review, the Firm has not identified any conflict of interest or any other impediment that would preclude our representation of TSL in connection with the Dispute as described herein. C&H is a large international law
7. Data Protection Medium
⚑ Confidentiality undertaking
7. Data Protection In connection with this engagement, C&H may process personal data of TSL's employees, officers, directors, representatives, and other individuals. Such processing may include the collection, storage, use, transfer, and disclosure of personal data for purposes directly related to the provision of legal services under this engagement letter, including the conduct of factual investigations, the prepar
8. Termination Standard
⚑ Commercial term
8. Termination Either party may terminate this engagement at any time upon written notice to the other party. In the event that TSL terminates this engagement, or in the event that C&H withdraws from the engagement for any reason permitted by applicable professional responsibility rules, TSL shall remain responsible for the payment of all fees and expenses incurred through the effective date of termination, including
9. Governing Law High
⚑ Non-compete / exclusivity restraint
9. Governing Law This engagement letter and the terms and conditions of the Firm's engagement by TSL shall be governed by and construed in accordance with the laws of the State of New York, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction. Any dispute arising out of or relating to this engagement letter or the Firm's provision of legal services
10. Acceptance
10. Acceptance If the foregoing terms and conditions are acceptable to TSL, please indicate the Company's agreement by signing and returning a copy of this letter in the space provided below. A countersigned copy of this letter may be transmitted by email (in PDF format) to James Prentice at james.prentice@calderwoodharkness.com, with a copy to Sandra Tung at sandra.tung@calderwoodharkness.com. We will consider this