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Contract analysis / expert-retention-letter-sorensen.docx
expert-retention-letter-sorensen.docx
1044-00006 · 16 clauses
High · 1 Medium · 6 Standard · 2
1. Engagement and Purpose
1. Engagement and Purpose Calderwood & Harkness LLP ("C&H" or the "Firm") represents Thalassa Shipping & Logistics SA ("TSL"), a Société Anonyme organized and existing under the laws of the Hellenic Republic, and its wholly owned subsidiary, Aegean Fortuna Shipholding Ltd., a Liberian limited liability company (Liberian Registration No. LR-C-20167845) (together, "Defendants"), in the above-captioned litigation. The m
2. Background of the Dispute High
⚑ Penalty / liquidated damages
2. Background of the Dispute To provide context for the scope of your assignment, we summarize below the factual background of the dispute. A more detailed factual background memorandum will follow under separate cover, dated February 5, 2024. The dispute arises out of a thirty-six (36) month time charter-party, based on the NYPE 2015 form (as amended by the parties), executed on December 3, 2020, bearing Reference N
3. Scope of Expert Assignment Medium
⚑ Assignment / subcontracting
3. Scope of Expert Assignment Dr. Sørensen's engagement encompasses the following areas of expert analysis and opinion, each of which is described in greater detail below. We note at the outset that the scope of the engagement may be refined or expanded as the case develops, and we will keep you informed of any changes that may affect the nature or extent of your work. 3.1 Incident 1 — Main Engine Turbocharger Failur
4. Deliverables
4. Deliverables The deliverables expected under this engagement include the following: (a) Initial Expert Report. You will prepare an initial expert report setting forth your opinions, the bases and reasons for those opinions, the data and other information considered in forming those opinions, any exhibits to be used in support of your opinions, and your qualifications and prior testimony history. The initial expert
5. Materials and Information Medium
⚑ Confidentiality undertaking
5. Materials and Information C&H will provide you with the relevant case materials necessary for you to perform the work described in this letter. The materials that we expect to provide to you include, without limitation, the following: (a) The Charter-Party (NYPE 2015 form, as amended by the parties), Reference No. NW-TSL-CP-2020-1203; (b) Vessel maintenance logs for the M/V Aegean Fortuna, including PMS records, e
6. Compensation Standard
⚑ Commercial term
6. Compensation Nordic Maritime Consulting Group ApS will be compensated for the services rendered under this engagement on an hourly basis, at the following rates: (a) Dr. Henrik Sørensen (Principal): $675.00 per hour for all professional services, including report preparation, document review, analysis, conferences with counsel, deposition and trial testimony, and travel time. (b) Associate Consultants and Engineer
7. Confidentiality Obligations Medium
⚑ Forum / governing law
7. Confidentiality Obligations All materials, information, and communications provided to you by C&H or TSL in connection with this engagement are confidential and are protected by the attorney-client privilege and/or the attorney work product doctrine. You are being retained as an expert consultant and potential testifying expert by litigation counsel, and the communications between you and C&H, as well as the mater
8. Independence and Objectivity
8. Independence and Objectivity You are retained to provide independent, objective expert opinions based upon your professional expertise, training, and experience, and upon the factual record as established by the evidence in this case. C&H expects and requires that your opinions will be based on your honest professional judgment, irrespective of whether such opinions are favorable or unfavorable to TSL's position i
9. Conflict Check and Prior Engagements
9. Conflict Check and Prior Engagements You confirm that neither you nor Nordic Maritime Consulting Group ApS has any current or prior engagement, relationship, or affiliation that would create a conflict of interest with this retention, or that would impair your ability to provide independent and objective expert opinions in this matter. This includes, without limitation, any prior or current engagement by or on beh
10. Termination Medium
⚑ Confidentiality undertaking
10. Termination Either party may terminate this engagement upon thirty (30) days' written notice to the other party. In the event of termination by either party, you shall be compensated for all services rendered and all reasonable expenses incurred through the date of termination, in accordance with the compensation terms set forth in Section 6 above. Upon termination, you shall comply with C&H's instructions regard
11. Primary Contacts at Calderwood & Harkness LLP Standard
⚑ Commercial term
11. Primary Contacts at Calderwood & Harkness LLP The following attorneys at Calderwood & Harkness LLP are the primary contacts for this engagement. Please direct all communications, inquiries, document transmittals, and invoices to the appropriate individual as indicated below: Douglas Carmichael — Responsible Partner Telephone: (212) 455-7112 Email: dcarmichael@calderwoodharkness.com Mr. Carmichael has primary over
12. Client Information
12. Client Information The client in this matter is Thalassa Shipping & Logistics SA, headquartered at 42 Akti Miaouli, Piraeus 185 38, Greece. TSL's General Counsel is Markos Theodorakis, and TSL's Chief Executive Officer and Chairman is Alexandros Stavridis. TSL is a major international shipping company that operates a fleet of approximately thirty-four (34) vessels, including dry bulk carriers, tankers, and contai
13. Acceptance and Countersignature Medium
⚑ Confidentiality undertaking
13. Acceptance and Countersignature If the terms of this retention are acceptable to you, please indicate your acceptance by signing and returning a copy of this letter to C&H at the address above, or by signing and returning a scanned copy by email to Carlos Espinoza at cespinoza@calderwoodharkness.com. By signing below, you acknowledge and agree to the terms set forth herein, including, without limitation, the term
1. Factual Background Memorandum (to follow under separate cover, dated February 5, 2024)
1. Factual Background Memorandum (to follow under separate cover, dated February 5, 2024)
2. Complaint, Northwind Maritime Corporation v. Thalassa Shipping & Logistics SA et al.,
2. Complaint, Northwind Maritime Corporation v. Thalassa Shipping & Logistics SA et al., Index No. 655421/2023, filed October 2, 2023
3. Verified Answer and Counterclaim, filed November 17, 2023 Medium
⚑ Confidentiality undertaking
3. Verified Answer and Counterclaim, filed November 17, 2023 ACKNOWLEDGMENT AND ACCEPTANCE I, Dr. Henrik Sørensen, Principal of Nordic Maritime Consulting Group ApS, hereby acknowledge receipt of the foregoing Expert Retention Letter dated February 1, 2024, from Calderwood & Harkness LLP. I have reviewed the terms and conditions set forth therein, including, without limitation, the provisions relating to the scope of