litigation-hold-notice.docx

1016-00006 · Dunmore Energy Holdings · Litigation Preparation

litigation-hold-notice.docx DOCUMENT M&A / Corporate

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CALDERWOOD & HARKNESS LLP Attorneys at Law 1200 McKinney Street, Suite 4100 Houston, Texas 77010 Telephone: (713) 554-8200 Facsimile: (713) 554-8201 www.calderwoodharkness.com

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION

June 27, 2025

Matter No.: 1016-00006

TO:

Gavin Rourke Chairman & Chief Executive Officer Dunmore Energy Holdings Ltd. 4th Floor, Harbour Place 103 South Church Street George Town, Grand Cayman, KY1-1002 Cayman Islands

CC:

All custodians of documents and electronically stored information ("ESI") relating to the Dunmore Wharton Terminal and/or Dunmore Terminal Services, Inc.

FROM:

Devon Archer, Associate Calderwood & Harkness LLP

RE:

LITIGATION HOLD NOTICE — Preservation of Documents and Electronically Stored Information Relating to the Dunmore Wharton Terminal Site, 14200 FM 1301, Wharton, Wharton County, Texas 77488

LITIGATION HOLD NOTICE

Section 1. Purpose and Legal Obligation

Calderwood & Harkness LLP represents Dunmore Energy Holdings Ltd. ("DEH") in connection with environmental remediation and anticipated cost-recovery litigation relating to the legacy petroleum bulk-storage terminal located at 14200 FM 1301, Wharton, Wharton County, Texas 77488 (the "Site"), commonly known as the Dunmore Wharton Terminal. This Litigation Hold Notice is being issued to ensure the identification, preservation, and protection of all documents, electronically stored information, and tangible items that may be relevant to these matters.

This notice is issued in anticipation of litigation against Rowan Creek Fuel Distributors, Inc. ("RCFD"), a Texas corporation with principal offices at 1150 Lavaca Street, Suite 600, Austin, Texas 78701, for the recovery of environmental remediation costs under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") § 107, 42 U.S.C. § 9607(a), and the Texas Solid Waste Disposal Act, Texas Health & Safety Code § 361.344. RCFD co-operated the southern tank farm at the Site for nearly two decades pursuant to a Joint Operating Agreement and bears substantial responsibility for environmental contamination that has migrated from the southern tank farm area into soil and groundwater, requiring significant remediation expenditures.

On May 12, 2025, Calderwood & Harkness LLP transmitted a pre-suit demand letter to RCFD seeking $4,647,000 in cost recovery representing DEH's pro rata share allocation of documented and reasonably anticipated investigative and remediation costs attributable to RCFD's operations. On July 8, 2025, RCFD, through its counsel at Whitfield Barr LLP (Thomas Kessler), responded to the demand letter and denied liability in its entirety. Accordingly, litigation against RCFD is reasonably anticipated, and DEH's obligation to preserve relevant evidence has been triggered as a matter of law.

DEH has a legal duty to preserve all documents, electronically stored information, and tangible items that may be relevant to the anticipated litigation against RCFD, the pending proceedings before the Texas Commission on Environmental Quality ("TCEQ") Voluntary Cleanup Program (VCP Tracking No. VCP-2517), and all related regulatory and insurance matters. This preservation obligation arises under federal and state law, including under the Federal Rules of Civil Procedure, Rule 37(e), and is a critical component of DEH's responsibilities as a party and prospective litigant.

Failure to preserve relevant materials may result in court-imposed sanctions, adverse inference instructions, monetary penalties, or other serious consequences that could materially prejudice DEH's legal position. Courts have consistently held that once litigation is reasonably anticipated, a party must take affirmative steps to prevent the destruction of relevant evidence, and the duty extends to all persons acting on the party's behalf.

This litigation hold is effective immediately upon receipt and supersedes any document retention or destruction policies, schedules, or practices that might otherwise authorize or permit the disposal, deletion, overwriting, or destruction of materials falling within the scope of this hold. No documents, data, or tangible items described in this notice may be destroyed, discarded, deleted, or altered in any manner, regardless of any pre-existing retention schedule or policy that might otherwise govern their disposition.

Section 2. Scope of the Litigation Hold — Subject Matter

This litigation hold covers all documents, records, communications, data, and tangible items, in whatever form or medium, relating to the subject areas identified below. The categories set forth in this Section 2 are intended to be broadly construed and are not exhaustive. If you have any question about whether particular materials fall within the scope of this hold, you must err on the side of preservation and contact Calderwood & Harkness LLP for guidance.

2.1 Site Operations and History

All records relating to the operations conducted at the Site from 1974, when Dunmore Terminal Services, Inc. ("DTS") commenced petroleum bulk-storage terminal operations, through 2015, when DTS ceased all terminal operations at the Site, and through the present date. DTS was a Texas corporation (Employer Identification Number: 76-0384291), formerly registered at 800 Travis Street, Suite 1440, Houston, Texas 77002, and dissolved effective December 31, 2017. Without limitation, materials subject to this hold include:

(a) All records relating to the northern tank farm, consisting of aboveground storage tanks designated Tanks N-1 through N-12 (approximately 420,000 barrels total capacity), including construction records, commissioning records, product throughput data, and operational logs;

(b) All records relating to the southern tank farm, consisting of aboveground storage tanks designated Tanks S-1 through S-12 (approximately 315,000 barrels total capacity), including construction records, commissioning records, product throughput data, and operational logs;

(c) All records relating to truck loading rack operations, including the 2015 decommissioning of loading rack facilities;

(d) All records relating to pipeline interconnects serving the Site, including the 2016 disconnection of pipeline interconnects;

(e) All administrative building records, including operational files, correspondence files, and any records maintained at the Site's administrative building during the period of DTS's operations; and

(f) Any other records documenting the history, ownership, use, or condition of the Site from 1974 to the present.

2.2 Joint Operating Agreement with Rowan Creek Fuel Distributors, Inc.

All records relating to the 1991 Joint Operating Agreement ("JOA") between DTS and RCFD governing RCFD's co-operation of the southern tank farm (Tanks S-1 through S-12, comprising approximately 18 acres of the Site) from 1991 through 2010. Without limitation, materials subject to this hold include:

(a) The executed JOA and all amendments, addenda, supplements, modifications, and side letters thereto;

(b) All correspondence, notices, and communications between DTS and RCFD relating to the JOA, whether formal or informal;

(c) All communications with RCFD personnel, including but not limited to communications with Malcolm Griggs, President of RCFD, regarding operations, maintenance, inspections, releases, environmental conditions, regulatory compliance, or any other matters related to the Site;

(d) All records relating to RCFD's performance or non-performance of its obligations under the JOA, including maintenance obligations, reporting obligations, and indemnification obligations;

(e) Records documenting the termination of the JOA in 2010, including all termination notices, transition plans, and records of RCFD's cessation of operations at the Site; and

(f) Any post-termination correspondence between DTS or DEH and RCFD regarding environmental conditions, liabilities, or responsibilities at the Site.

2.3 Environmental Releases and Incidents

All records relating to known or suspected releases of petroleum products, hazardous substances, or other contaminants at the Site. This category includes, without limitation, all records relating to the following documented release events:

(a) 1996 Release: The release of approximately 8,000 gallons of diesel fuel from Tank S-4, which was operated by RCFD during the JOA period. Records in this category include, without limitation, partial cleanup documentation, TCEQ incident reporting records, internal investigation files, and spill response documentation;

(b) 2001 Release: The release of approximately 3,200 gallons of gasoline from Tank S-7, which was operated by RCFD during the JOA period. This incident was assigned TCEQ Incident No. 142876. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files;

(c) 2003 Release: The release of approximately 1,500 gallons of gasoline from Tank N-3, which was operated by DTS. This incident was assigned TCEQ Incident No. 158432. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files;

(d) 2008 Release: The release of approximately 5,600 gallons of diesel fuel from Tank S-11, which was operated by RCFD during the JOA period. This incident was assigned TCEQ Incident No. 197503. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files;

(e) 2014 Release: The release of approximately 600 gallons of diesel fuel from the loading rack area, which was operated by DTS. This incident was assigned TCEQ Incident No. 251044. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files; and

(f) Any other records of spills, leaks, overflows, discharges, or releases of petroleum products, hazardous substances, or other contaminants at the Site, including releases not enumerated above, whether documented, suspected, or previously unreported.

For each release event, preservation extends to spill response records, cleanup documentation, incident reports, internal investigation files, root cause analyses, corrective action records, and all related communications with regulatory agencies, contractors, insurers, and third parties.

2.4 Tank Inspection, Maintenance, and Condition Records

All records relating to the inspection, maintenance, repair, and integrity assessment of the twenty-four (24) aboveground storage tanks (ASTs) located at the Site, including without limitation:

(a) Inspection reports, including routine internal and external inspections and out-of-service inspections;

(b) Maintenance logs, work orders, and repair records for all tanks;

(d) Secondary containment inspection and maintenance records, including berm condition assessments and liner integrity records;

(e) Cathodic protection system installation, monitoring, and maintenance records;

(f) Tank lining installation and inspection records;

(g) API 653 inspection reports for all tanks, including both DTS-operated tanks (N-1 through N-12) and RCFD-operated tanks (S-1 through S-12);

(h) Records reflecting the condition of RCFD-operated tanks (S-1 through S-12) during the JOA period from 1991 through 2010, including any records documenting deterioration, corrosion, structural deficiencies, or other conditions that may have contributed to releases; and

(i) Decommissioning and closure records for all tanks.

2.5 Environmental Assessments and Investigations

All records relating to environmental assessments, investigations, and characterization of contamination at the Site, including without limitation:

(a) The Phase I Environmental Site Assessment prepared by Pinehill Environmental Consulting LLC ("Pinehill"), commenced in January 2024, including all drafts, final reports, supporting data, and correspondence with Pinehill;

(b) The Phase II Environmental Site Assessment completed by Pinehill in June 2024, including all drafts, final reports, supporting data, field notes, boring logs, sampling records, chain-of-custody forms, and analytical laboratory reports;

(c) All supplemental investigation reports and data, including additional sampling events, data gap assessments, and interim deliverables;

(d) Contamination delineation reports, including horizontal and vertical delineation of soil and groundwater contamination plumes;

(e) All sampling data and analytical laboratory reports, including soil, groundwater, soil gas, and free product measurements;

(f) Records documenting the nature and extent of contaminants of concern at the Site, including benzene, toluene, ethylbenzene, and xylenes ("BTEX"); total petroleum hydrocarbons ("TPH"); methyl tert-butyl ether ("MTBE"); and dissolved-phase lead;

(g) Soil contamination data, including data reflecting TPH concentrations of up to 14,200 mg/kg detected in the Tank S-7 area, TPH concentrations of up to 8,750 mg/kg detected in the Tank N-3 area, and benzene concentrations of up to 42 mg/kg;

(h) Groundwater contamination data, including data reflecting the approximately 2,400-foot downgradient benzene plume, maximum dissolved-phase benzene concentrations of 3.8 mg/L, MTBE concentrations of up to 1.2 mg/L, and dissolved lead concentrations of up to 0.087 mg/L;

(i) Records relating to the sampling of the residential well located at 16405 FM 1301 (the "Ingram Property"), approximately 3,100 feet south-southwest of the leading edge of the groundwater plume, conducted in February 2025, including all analytical results, correspondence with the property owner, and risk assessment data;

(j) The Pinehill remediation cost estimate dated April 2025, estimating total remediation costs of approximately $9.74 million, including all assumptions, supporting calculations, and scope of work descriptions; and

(k) Any other environmental assessment or investigation records relating to the Site, whether prepared by Pinehill, another consultant, or internal personnel.

2.6 Regulatory Correspondence and Filings

All records relating to communications with governmental and regulatory agencies regarding the Site, including without limitation:

(a) All correspondence with the Texas Commission on Environmental Quality ("TCEQ"), including incident reports, notices of release, compliance communications, inspection records, notices of violation, and enforcement actions;

(b) TCEQ Voluntary Cleanup Program ("VCP") application materials submitted on June 25, 2025, in connection with VCP Tracking No. VCP-2517, including the $1,000 application fee payment records and all supporting documentation;

(c) Affected Property Assessment Report ("APAR") drafts, final submissions, and all supporting data prepared in connection with the VCP proceedings;

(d) Any communications with the United States Environmental Protection Agency ("EPA"), the Railroad Commission of Texas, the Wharton County Health Department, or any other federal, state, or local regulatory agency regarding environmental conditions at the Site; and

(e) Any permits, licenses, registrations, or certifications issued to DTS or RCFD in connection with operations at the Site.

2.7 DTS Dissolution and Liability Assignment

All records relating to the dissolution of Dunmore Terminal Services, Inc. and the assignment of its liabilities, including without limitation:

(a) The DTS Plan of Dissolution and Assignment of Liabilities dated October 15, 2017, pursuant to which DTS's liabilities, including environmental obligations related to the Site, were assumed by DEH;

(b) Corporate dissolution records filed with the Texas Secretary of State, effective December 31, 2017;

(d) Any legal opinions, tax opinions, or other professional advice obtained in connection with the dissolution and assignment of liabilities;

(e) DEH Cayman Islands registration records (Registration No. MC-318574), articles of association, and any corporate records reflecting DEH's assumption of DTS's environmental obligations; and

(f) Any other records documenting the corporate relationship between DTS and DEH, the assignment of assets and liabilities, and the succession of environmental obligations.

2.8 Insurance Policies and Claims

All insurance policies and insurance-related records that may be relevant to the environmental liabilities at the Site, including without limitation:

(a) The Bridgemont Insurance Company Pollution Legal Liability ("PLL") policy, Policy No. ENV-BIC-2024-07821, effective March 1, 2024 through March 1, 2034, providing a $15,000,000 aggregate limit of liability and a $500,000 self-insured retention, on which the Site is a scheduled location;

(b) All communications with Bridgemont Insurance Company and/or its representatives, including Paul Neumann, Senior Vice President — Environmental Lines, at 200 Galleria Parkway, Suite 1800, Atlanta, Georgia 30339, regarding the Site, potential claims, coverage analysis, or any other subject matter;

(c) Historic commercial general liability ("CGL") policies issued by Piedmont Mutual Insurance Co. covering the period from 1974 through 2000, including all policy forms, endorsements, and declarations pages. It is noted that Piedmont Mutual entered receivership in 2012 and no recovery under these policies is currently expected; however, the policies themselves and all related records must be preserved as they may be relevant to allocating liability periods and demonstrating historical insurance coverage;

(d) Any other insurance policies, including excess or umbrella policies, environmental impairment liability policies, or other coverage that may apply to environmental liabilities at the Site; and

(e) All claims correspondence, reservation of rights letters, coverage opinions, denial letters, and related insurance documentation generated in connection with any claim or potential claim relating to the Site.

2.9 Financial Records

All financial records relating to the Site, including without limitation:

(a) Records of all operational expenditures, capital expenditures, and maintenance costs incurred at the Site during DTS's period of operations (1974–2015);

(b) Records of all environmental investigation and remediation expenditures incurred by DTS or DEH with respect to the Site;

(c) Invoices from Pinehill Environmental Consulting LLC totaling approximately $387,000 for Phase I, Phase II, and supplemental investigation work performed during 2024 and 2025, together with all supporting documentation, purchase orders, and payment records;

(d) Accounting workpapers, journal entries, and financial statement disclosures prepared by or in conjunction with Gresham & Alford CPAs, PLLC (engagement partner: Christine Lau, CPA) relating to the accrual, measurement, and disclosure of environmental liabilities associated with the Site;

(e) Tax records, cost-segregation analyses, and capital expenditure records relating to the Site and its improvements;

(f) Records of DEH's retainer payment of $150,000 to Calderwood & Harkness LLP, made on June 25, 2025; and

(g) Any other financial records, budgets, forecasts, or analyses relating to the anticipated remediation costs, cost recovery amounts, or any other financial aspects of the Site.

2.10 Personnel and Contractor Records

All records relating to individuals and contractors who performed work at the Site, including without limitation:

(a) Employment records of DTS personnel who worked at the Site, including operations managers, maintenance staff, environmental compliance personnel, supervisors, and any other employees involved in Site operations;

(b) Contractor records for any environmental, construction, engineering, or maintenance contractors who performed work at the Site, including contractor agreements, scope-of-work documents, invoices, and performance records;

(c) Training records, safety records, and occupational exposure records for Site personnel, including HAZWOPER certifications and other environmental health and safety training documentation;

(d) Witness statements, interview notes, or other records of testimony relating to Site operations, environmental incidents, RCFD's operations, or any other matters within the scope of this hold; and

(e) Contact information for former DTS employees and contractors who may have knowledge relevant to the anticipated litigation.

2.11 Property and Title Records

All records relating to ownership, title, and conveyance of the Site, including without limitation:

(a) The deed recorded at Volume 1892, Page 417, Official Public Records, Wharton County, Texas;

(b) The legal description of the Site: Lots 3 and 4 of the H.T. & B.R.R. Survey, Abstract No. 241, Wharton County, Texas;

(d) Site survey plats, boundary surveys, topographic surveys, maps, and as-built drawings;

(e) Records relating to the tax foreclosure sale conducted in March 2019, at which Calera Properties Group LLC (Managing Member: Rebecca Strand) acquired the approximately 48.7-acre Site for $612,000;

(f) Title commitments, title insurance policies, or title reports issued by Lone Star Title & Escrow Co. relating to the Site; and

(g) Any other instruments of conveyance, lease agreements, easements, licenses, or encumbrances affecting the Site.

2.12 Photographs, Videos, and Physical Evidence

All visual media and physical evidence relating to the Site, including without limitation:

(a) Aerial photographs and satellite imagery of the Site, taken at any time from commencement of operations to the present;

(b) Ground-level photographs of the Site, including photographs of the tank farms, loading rack, secondary containment, administrative buildings, and surrounding areas;

(d) Physical samples, including soil samples, groundwater samples, and product samples, retained by any DEH custodian, DTS personnel, or contractor; and

(e) Any other tangible evidence or visual media that depicts conditions at the Site.

2.13 Communications Relating to RCFD Cost-Recovery

All records relating to the cost-recovery effort against RCFD, including without limitation:

(a) The pre-suit demand letter transmitted by Calderwood & Harkness LLP to RCFD, dated May 12, 2025, and all supporting documentation and enclosures;

(b) The response from RCFD transmitted through its counsel, Whitfield Barr LLP (Thomas Kessler), dated July 8, 2025, denying liability;

(c) All settlement discussions, negotiations, proposals, counterproposals, and related communications between DEH and RCFD (or their respective counsel);

(d) Any prior communications between DTS or DEH and RCFD concerning environmental responsibility, indemnification, cost-sharing, or contribution with respect to contamination at the Site; and

(e) Internal analyses, memoranda, or assessments relating to the cost-recovery strategy, liability allocation, or legal theories supporting the claims against RCFD.

2.14 Site Access and Current Owner Communications

All records relating to communications with the current owner of the Site and related agreements, including without limitation:

(a) All correspondence and communications with Calera Properties Group LLC and its counsel, Kerrigan, Pace & Sullivan LLP (Nora Fujimoto), regarding Site access, environmental conditions, remediation activities, or any other matter relating to the Site;

(b) Drafts and executed versions of the Site Access & Cost-Sharing Agreement between DEH and Calera Properties Group LLC;

(c) Records documenting Calera's post-acquisition carrying costs totaling approximately $285,400, representing fencing, security, and property tax expenditures from March 2019 through June 2025; and

(d) Any other records relating to DEH's relationship with Calera Properties Group LLC, Rebecca Strand, or any representative or agent of Calera with respect to the Site.

Section 3. Types of Materials Covered

This litigation hold applies to all forms of documents, electronically stored information, and tangible items, regardless of format or medium. Without limitation, the following categories of materials must be preserved:

Paper Documents: All correspondence, memoranda, reports, contracts, agreements, permits, licenses, applications, notes, logs, ledgers, invoices, receipts, handwritten notes, calendars, diaries, file folders, and any other records maintained in paper or hard-copy form.

Electronically Stored Information (ESI): All emails (including archived, deleted, and draft emails), text messages, instant messages (including messages sent via platforms such as Northgate Data Systems, Meridian Solutions, Meridian Services Inc., or similar applications), voicemails and voicemail transcripts, word processing documents, spreadsheets, databases, presentations, portable document format (PDF) files, computer-aided design (CAD) drawings, geographic information system (GIS) files, and all associated metadata. ESI must be preserved in its native format with metadata intact.

Digital Storage Media: All hard drives, laptops, desktop computers, servers, network drives, backup tapes, USB drives, external hard drives, solid-state drives, cloud storage accounts (including Aldermere Systems, Cobalt Ridge Systems, Hollowell Health IT, Larkspur Technologies, or similar services), and any personal devices or personal accounts used for business purposes related to the matters described in this notice.

Photographs, Video Recordings, and Audio Recordings: All photographs, video recordings, and audio recordings in any format, whether digital or analog, relating to the Site, its operations, its environmental conditions, or any other matter within the scope of this hold.

Tangible Items: All physical samples (including soil, groundwater, and product samples), monitoring equipment data logs, field notebooks, chain-of-custody records, and any other tangible items related to the Site or the matters described in this notice.

Section 4. Custodian Responsibilities

Every recipient of this Litigation Hold Notice must immediately take the following steps upon receipt:

1. Suspend Destruction: Immediately suspend any routine or scheduled destruction, deletion, overwriting, recycling, or disposal of materials falling within the scope of this hold. This includes suspending any automated deletion protocols, including auto-purge settings on email systems, voicemail systems, and messaging applications. No documents, data, or tangible items within the scope of this hold may be discarded, deleted, shredded, overwritten, or destroyed for any reason.

2. Identify and Segregate: Promptly identify and segregate all responsive materials within your possession, custody, or control, including materials stored at your office, home, in personal email accounts, on personal devices, in cloud storage, or at any other location. Take reasonable steps to locate materials in all locations where they may be found.

3. Disable Automatic Deletion: Ensure that all automatic deletion features on email systems, voicemail systems, and messaging applications are disabled for all responsive content. If you are uncertain how to disable such features, contact your IT department or Devon Archer at Calderwood & Harkness LLP for assistance.

4. Preserve Backup Media: Preserve all backup media and archival systems that may contain responsive materials, including backup tapes, archival drives, and cloud-based backup services. Do not overwrite, recycle, or reuse backup media until further notice.

5. Seek Guidance When in Doubt: If you are uncertain whether particular materials fall within the scope of this hold, you must preserve those materials and contact Devon Archer at Calderwood & Harkness LLP, 1200 McKinney Street, Suite 4100, Houston, Texas 77010, or Cynthia Ho at the same address, for guidance. When in doubt, preserve.

6. Identify Third-Party Custodians: Notify Devon Archer of any third parties who may possess relevant materials not otherwise identified in this notice, including former employees, consultants, contractors, or other individuals or entities who may hold documents or data relating to the matters described herein.

7. Cooperate with Collection Efforts: Cooperate fully with any document collection, data preservation, or forensic imaging efforts undertaken by Calderwood & Harkness LLP or any vendor retained for that purpose. You may be contacted to provide access to your devices, accounts, or files for collection and preservation purposes.

Your obligation to preserve materials under this hold is ongoing. You must continue to preserve newly created documents and communications that fall within the scope of this hold for as long as the hold remains in effect. If you change positions, departments, or employment status, you must ensure that all materials subject to this hold are preserved and accessible before any transition.

Section 5. Duration of the Hold

This litigation hold shall remain in effect until further written notice from Calderwood & Harkness LLP expressly releasing the hold in whole or in part. At minimum, the hold will remain in place through the resolution of the anticipated cost-recovery litigation against Rowan Creek Fuel Distributors, Inc. and the completion of the TCEQ Voluntary Cleanup Program proceedings (VCP Tracking No. VCP-2517), which is currently projected to extend through 2033, the target date for issuance of a Certificate of Completion by the TCEQ. The actual duration of the hold may be longer depending on the course of litigation and regulatory proceedings.

No materials subject to this litigation hold may be destroyed, discarded, deleted, overwritten, or disposed of without prior written authorization from Calderwood & Harkness LLP. Periodic reminders regarding this hold may be issued by Calderwood & Harkness LLP to ensure ongoing compliance. Receipt of such reminders does not create any inference that the hold was not previously in effect; the hold has been in effect continuously from the date of this notice.

If at any time the scope of this hold is modified — whether expanded or narrowed — you will receive a supplemental notice from Calderwood & Harkness LLP describing the modification. Unless and until you receive such a supplemental notice, the hold described in this notice applies in its entirety.

Section 6. Consequences of Non-Compliance

Failure to comply with this litigation hold may expose DEH — and responsible individuals — to severe consequences in litigation and in regulatory proceedings, including without limitation:

• Adverse Inference Instructions: A court or jury may be instructed to presume that documents or data that were destroyed, lost, or not preserved were unfavorable to DEH's legal position. Such an instruction can be outcome-determinative in litigation.

• Monetary Sanctions: The court may impose significant monetary sanctions on DEH, including payment of the opposing party's attorneys' fees and costs incurred as a result of the spoliation.

• Case-Dispositive Sanctions: In extreme circumstances, a court may impose case-dispositive sanctions, including dismissal of claims, entry of default judgment, or preclusion of evidence, where the failure to preserve evidence is found to be willful or in bad faith.

• Disciplinary Action: Individual employees, officers, or agents of DEH who fail to comply with this hold may be subject to disciplinary action, up to and including termination of employment or engagement, as well as potential personal liability for sanctions.

All DEH personnel, officers, directors, agents, and representatives are expected to treat this preservation obligation with the utmost seriousness. The consequences of spoliation of evidence are severe and can fundamentally undermine DEH's ability to prosecute its claims and defend its interests. If you have any questions or concerns about your ability to comply with this hold, you must contact Calderwood & Harkness LLP immediately.

Section 7. Acknowledgment and Confirmation

Each recipient of this Litigation Hold Notice is requested to sign and return the attached Acknowledgment and Confirmation Form to Devon Archer at Calderwood & Harkness LLP within five (5) business days of receipt.

The Acknowledgment and Confirmation Form confirms that you have read and understood this Litigation Hold Notice, that you have taken steps to identify and preserve all responsive materials within your possession, custody, or control, and that you will comply with the hold on an ongoing basis. Completion and return of the Acknowledgment Form is an important component of demonstrating DEH's good-faith compliance with its preservation obligations.

The Acknowledgment Form may be returned via email to Devon Archer or by physical mail to the following address:

Devon Archer Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010

If you are unable to return the Acknowledgment Form within the specified timeframe, please contact Devon Archer immediately to make alternative arrangements.

Section 8. Contact Information

If you have any questions regarding this Litigation Hold Notice, the scope of materials subject to preservation, or your obligations as a custodian, please contact any of the following individuals at Calderwood & Harkness LLP:

Devon Archer Associate Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010

Cynthia Ho Lead Associate Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010

Sandra Tung Partner (Responsible Attorney) Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010

Please do not hesitate to reach out to any member of the Calderwood & Harkness team with questions. It is far better to ask a question and receive guidance than to inadvertently fail to preserve materials that may be critical to DEH's legal position.

Respectfully submitted,

CALDERWOOD & HARKNESS LLP

By: ________

Devon Archer Associate

Date: June 27, 2025

ATTACHMENT A

ACKNOWLEDGMENT AND CONFIRMATION FORM

LITIGATION HOLD NOTICE — DUNMORE WHARTON TERMINAL SITE 14200 FM 1301, Wharton, Wharton County, Texas 77488

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION

I acknowledge receipt of the Litigation Hold Notice dated June 27, 2025, issued by Calderwood & Harkness LLP on behalf of Dunmore Energy Holdings Ltd., relating to the Dunmore Wharton Terminal site located at 14200 FM 1301, Wharton, Wharton County, Texas 77488. I confirm that I have read and understood the notice in its entirety, have identified responsive materials within my possession, custody, or control, and will take all necessary steps to preserve such materials in accordance with the notice. I understand that this obligation is ongoing and that I must continue to preserve all relevant materials until I receive written notice from Calderwood & Harkness LLP that the litigation hold has been released.

I further understand that failure to comply with the litigation hold may expose Dunmore Energy Holdings Ltd. to severe legal consequences, including adverse inference instructions, monetary sanctions, and case-dispositive sanctions, and that I may be subject to disciplinary action for any failure to comply.

RETURN INSTRUCTIONS:

Please return this completed Acknowledgment and Confirmation Form within five (5) business days of receipt to:

Devon Archer Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010

The form may be returned via email or by physical mail to the address above.

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION This document and the Litigation Hold Notice to which it is attached are protected by the attorney-client privilege and/or the work product doctrine. This communication is intended solely for the use of the addressee(s) and other authorized recipients. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this document in error, please notify Calderwood & Harkness LLP immediately and destroy all copies.

Name (Print):	__________
Title:	__________
Department / Office:	__________
Date of Receipt of Notice:	__________
Signature:	__________
Date Signed:	__________

CALDERWOOD & HARKNESS LLP Attorneys at Law 1200 McKinney Street, Suite 4100 Houston, Texas 77010 Telephone: (713) 554-8200 Facsimile: (713) 554-8201 www.calderwoodharkness.com
PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION
June 27, 2025
Matter No.: 1016-00006
TO:
Gavin Rourke Chairman & Chief Executive Officer Dunmore Energy Holdings Ltd. 4th Floor, Harbour Place 103 South Church Street George Town, Grand Cayman, KY1-1002 Cayman Islands
CC:
All custodians of documents and electronically stored information ("ESI") relating to the Dunmore Wharton Terminal and/or Dunmore Terminal Services, Inc.
FROM:
Devon Archer, Associate Calderwood & Harkness LLP
RE:
LITIGATION HOLD NOTICE — Preservation of Documents and Electronically Stored Information Relating to the Dunmore Wharton Terminal Site, 14200 FM 1301, Wharton, Wharton County, Texas 77488
LITIGATION HOLD NOTICE
Section 1. Purpose and Legal Obligation
Calderwood & Harkness LLP represents Dunmore Energy Holdings Ltd. ("DEH") in connection with environmental remediation and anticipated cost-recovery litigation relating to the legacy petroleum bulk-storage terminal located at 14200 FM 1301, Wharton, Wharton County, Texas 77488 (the "Site"), commonly known as the Dunmore Wharton Terminal. This Litigation Hold Notice is being issued to ensure the identification, preservation, and protection of all documents, electronically stored information, and tangible items that may be relevant to these matters.
This notice is issued in anticipation of litigation against Rowan Creek Fuel Distributors, Inc. ("RCFD"), a Texas corporation with principal offices at 1150 Lavaca Street, Suite 600, Austin, Texas 78701, for the recovery of environmental remediation costs under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") § 107, 42 U.S.C. § 9607(a), and the Texas Solid Waste Disposal Act, Texas Health & Safety Code § 361.344. RCFD co-operated the southern tank farm at the Site for nearly two decades pursuant to a Joint Operating Agreement and bears substantial responsibility for environmental contamination that has migrated from the southern tank farm area into soil and groundwater, requiring significant remediation expenditures.
On May 12, 2025, Calderwood & Harkness LLP transmitted a pre-suit demand letter to RCFD seeking $4,647,000 in cost recovery representing DEH's pro rata share allocation of documented and reasonably anticipated investigative and remediation costs attributable to RCFD's operations. On July 8, 2025, RCFD, through its counsel at Whitfield Barr LLP (Thomas Kessler), responded to the demand letter and denied liability in its entirety. Accordingly, litigation against RCFD is reasonably anticipated, and DEH's obligation to preserve relevant evidence has been triggered as a matter of law.
DEH has a legal duty to preserve all documents, electronically stored information, and tangible items that may be relevant to the anticipated litigation against RCFD, the pending proceedings before the Texas Commission on Environmental Quality ("TCEQ") Voluntary Cleanup Program (VCP Tracking No. VCP-2517), and all related regulatory and insurance matters. This preservation obligation arises under federal and state law, including under the Federal Rules of Civil Procedure, Rule 37(e), and is a critical component of DEH's responsibilities as a party and prospective litigant.
Failure to preserve relevant materials may result in court-imposed sanctions, adverse inference instructions, monetary penalties, or other serious consequences that could materially prejudice DEH's legal position. Courts have consistently held that once litigation is reasonably anticipated, a party must take affirmative steps to prevent the destruction of relevant evidence, and the duty extends to all persons acting on the party's behalf.
This litigation hold is effective immediately upon receipt and supersedes any document retention or destruction policies, schedules, or practices that might otherwise authorize or permit the disposal, deletion, overwriting, or destruction of materials falling within the scope of this hold. No documents, data, or tangible items described in this notice may be destroyed, discarded, deleted, or altered in any manner, regardless of any pre-existing retention schedule or policy that might otherwise govern their disposition.
Section 2. Scope of the Litigation Hold — Subject Matter
This litigation hold covers all documents, records, communications, data, and tangible items, in whatever form or medium, relating to the subject areas identified below. The categories set forth in this Section 2 are intended to be broadly construed and are not exhaustive. If you have any question about whether particular materials fall within the scope of this hold, you must err on the side of preservation and contact Calderwood & Harkness LLP for guidance.
2.1 Site Operations and History
All records relating to the operations conducted at the Site from 1974, when Dunmore Terminal Services, Inc. ("DTS") commenced petroleum bulk-storage terminal operations, through 2015, when DTS ceased all terminal operations at the Site, and through the present date. DTS was a Texas corporation (Employer Identification Number: 76-0384291), formerly registered at 800 Travis Street, Suite 1440, Houston, Texas 77002, and dissolved effective December 31, 2017. Without limitation, materials subject to this hold include:
(a) All records relating to the northern tank farm, consisting of aboveground storage tanks designated Tanks N-1 through N-12 (approximately 420,000 barrels total capacity), including construction records, commissioning records, product throughput data, and operational logs;
(b) All records relating to the southern tank farm, consisting of aboveground storage tanks designated Tanks S-1 through S-12 (approximately 315,000 barrels total capacity), including construction records, commissioning records, product throughput data, and operational logs;
(c) All records relating to truck loading rack operations, including the 2015 decommissioning of loading rack facilities;
(d) All records relating to pipeline interconnects serving the Site, including the 2016 disconnection of pipeline interconnects;
(e) All administrative building records, including operational files, correspondence files, and any records maintained at the Site's administrative building during the period of DTS's operations; and
(f) Any other records documenting the history, ownership, use, or condition of the Site from 1974 to the present.
2.2 Joint Operating Agreement with Rowan Creek Fuel Distributors, Inc.
All records relating to the 1991 Joint Operating Agreement ("JOA") between DTS and RCFD governing RCFD's co-operation of the southern tank farm (Tanks S-1 through S-12, comprising approximately 18 acres of the Site) from 1991 through 2010. Without limitation, materials subject to this hold include:
(a) The executed JOA and all amendments, addenda, supplements, modifications, and side letters thereto;
(b) All correspondence, notices, and communications between DTS and RCFD relating to the JOA, whether formal or informal;
(c) All communications with RCFD personnel, including but not limited to communications with Malcolm Griggs, President of RCFD, regarding operations, maintenance, inspections, releases, environmental conditions, regulatory compliance, or any other matters related to the Site;
(d) All records relating to RCFD's performance or non-performance of its obligations under the JOA, including maintenance obligations, reporting obligations, and indemnification obligations;
(e) Records documenting the termination of the JOA in 2010, including all termination notices, transition plans, and records of RCFD's cessation of operations at the Site; and
(f) Any post-termination correspondence between DTS or DEH and RCFD regarding environmental conditions, liabilities, or responsibilities at the Site.
2.3 Environmental Releases and Incidents
All records relating to known or suspected releases of petroleum products, hazardous substances, or other contaminants at the Site. This category includes, without limitation, all records relating to the following documented release events:
(a) 1996 Release: The release of approximately 8,000 gallons of diesel fuel from Tank S-4, which was operated by RCFD during the JOA period. Records in this category include, without limitation, partial cleanup documentation, TCEQ incident reporting records, internal investigation files, and spill response documentation;
(b) 2001 Release: The release of approximately 3,200 gallons of gasoline from Tank S-7, which was operated by RCFD during the JOA period. This incident was assigned TCEQ Incident No. 142876. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files;
(c) 2003 Release: The release of approximately 1,500 gallons of gasoline from Tank N-3, which was operated by DTS. This incident was assigned TCEQ Incident No. 158432. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files;
(d) 2008 Release: The release of approximately 5,600 gallons of diesel fuel from Tank S-11, which was operated by RCFD during the JOA period. This incident was assigned TCEQ Incident No. 197503. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files;
(e) 2014 Release: The release of approximately 600 gallons of diesel fuel from the loading rack area, which was operated by DTS. This incident was assigned TCEQ Incident No. 251044. Records in this category include all TCEQ correspondence, spill response records, cleanup documentation, and related internal investigation files; and
(f) Any other records of spills, leaks, overflows, discharges, or releases of petroleum products, hazardous substances, or other contaminants at the Site, including releases not enumerated above, whether documented, suspected, or previously unreported.
For each release event, preservation extends to spill response records, cleanup documentation, incident reports, internal investigation files, root cause analyses, corrective action records, and all related communications with regulatory agencies, contractors, insurers, and third parties.
2.4 Tank Inspection, Maintenance, and Condition Records
All records relating to the inspection, maintenance, repair, and integrity assessment of the twenty-four (24) aboveground storage tanks (ASTs) located at the Site, including without limitation:
(a) Inspection reports, including routine internal and external inspections and out-of-service inspections;
(b) Maintenance logs, work orders, and repair records for all tanks;
(c) Tank integrity assessments, including shell thickness measurements, floor scan data, and settlement surveys;
(d) Secondary containment inspection and maintenance records, including berm condition assessments and liner integrity records;
(e) Cathodic protection system installation, monitoring, and maintenance records;
(f) Tank lining installation and inspection records;
(g) API 653 inspection reports for all tanks, including both DTS-operated tanks (N-1 through N-12) and RCFD-operated tanks (S-1 through S-12);
(h) Records reflecting the condition of RCFD-operated tanks (S-1 through S-12) during the JOA period from 1991 through 2010, including any records documenting deterioration, corrosion, structural deficiencies, or other conditions that may have contributed to releases; and
(i) Decommissioning and closure records for all tanks.
2.5 Environmental Assessments and Investigations
All records relating to environmental assessments, investigations, and characterization of contamination at the Site, including without limitation:
(a) The Phase I Environmental Site Assessment prepared by Pinehill Environmental Consulting LLC ("Pinehill"), commenced in January 2024, including all drafts, final reports, supporting data, and correspondence with Pinehill;
(b) The Phase II Environmental Site Assessment completed by Pinehill in June 2024, including all drafts, final reports, supporting data, field notes, boring logs, sampling records, chain-of-custody forms, and analytical laboratory reports;
(c) All supplemental investigation reports and data, including additional sampling events, data gap assessments, and interim deliverables;
(d) Contamination delineation reports, including horizontal and vertical delineation of soil and groundwater contamination plumes;
(e) All sampling data and analytical laboratory reports, including soil, groundwater, soil gas, and free product measurements;
(f) Records documenting the nature and extent of contaminants of concern at the Site, including benzene, toluene, ethylbenzene, and xylenes ("BTEX"); total petroleum hydrocarbons ("TPH"); methyl tert-butyl ether ("MTBE"); and dissolved-phase lead;
(g) Soil contamination data, including data reflecting TPH concentrations of up to 14,200 mg/kg detected in the Tank S-7 area, TPH concentrations of up to 8,750 mg/kg detected in the Tank N-3 area, and benzene concentrations of up to 42 mg/kg;
(h) Groundwater contamination data, including data reflecting the approximately 2,400-foot downgradient benzene plume, maximum dissolved-phase benzene concentrations of 3.8 mg/L, MTBE concentrations of up to 1.2 mg/L, and dissolved lead concentrations of up to 0.087 mg/L;
(i) Records relating to the sampling of the residential well located at 16405 FM 1301 (the "Ingram Property"), approximately 3,100 feet south-southwest of the leading edge of the groundwater plume, conducted in February 2025, including all analytical results, correspondence with the property owner, and risk assessment data;
(j) The Pinehill remediation cost estimate dated April 2025, estimating total remediation costs of approximately $9.74 million, including all assumptions, supporting calculations, and scope of work descriptions; and
(k) Any other environmental assessment or investigation records relating to the Site, whether prepared by Pinehill, another consultant, or internal personnel.
2.6 Regulatory Correspondence and Filings
All records relating to communications with governmental and regulatory agencies regarding the Site, including without limitation:
(a) All correspondence with the Texas Commission on Environmental Quality ("TCEQ"), including incident reports, notices of release, compliance communications, inspection records, notices of violation, and enforcement actions;
(b) TCEQ Voluntary Cleanup Program ("VCP") application materials submitted on June 25, 2025, in connection with VCP Tracking No. VCP-2517, including the $1,000 application fee payment records and all supporting documentation;
(c) Affected Property Assessment Report ("APAR") drafts, final submissions, and all supporting data prepared in connection with the VCP proceedings;
(d) Any communications with the United States Environmental Protection Agency ("EPA"), the Railroad Commission of Texas, the Wharton County Health Department, or any other federal, state, or local regulatory agency regarding environmental conditions at the Site; and
(e) Any permits, licenses, registrations, or certifications issued to DTS or RCFD in connection with operations at the Site.
2.7 DTS Dissolution and Liability Assignment
All records relating to the dissolution of Dunmore Terminal Services, Inc. and the assignment of its liabilities, including without limitation:
(a) The DTS Plan of Dissolution and Assignment of Liabilities dated October 15, 2017, pursuant to which DTS's liabilities, including environmental obligations related to the Site, were assumed by DEH;
(b) Corporate dissolution records filed with the Texas Secretary of State, effective December 31, 2017;
(c) Board resolutions, shareholder consents, certificates of dissolution, and related corporate governance documents;
(d) Any legal opinions, tax opinions, or other professional advice obtained in connection with the dissolution and assignment of liabilities;
(e) DEH Cayman Islands registration records (Registration No. MC-318574), articles of association, and any corporate records reflecting DEH's assumption of DTS's environmental obligations; and
(f) Any other records documenting the corporate relationship between DTS and DEH, the assignment of assets and liabilities, and the succession of environmental obligations.
2.8 Insurance Policies and Claims
All insurance policies and insurance-related records that may be relevant to the environmental liabilities at the Site, including without limitation:
(a) The Bridgemont Insurance Company Pollution Legal Liability ("PLL") policy, Policy No. ENV-BIC-2024-07821, effective March 1, 2024 through March 1, 2034, providing a $15,000,000 aggregate limit of liability and a $500,000 self-insured retention, on which the Site is a scheduled location;
(b) All communications with Bridgemont Insurance Company and/or its representatives, including Paul Neumann, Senior Vice President — Environmental Lines, at 200 Galleria Parkway, Suite 1800, Atlanta, Georgia 30339, regarding the Site, potential claims, coverage analysis, or any other subject matter;
(c) Historic commercial general liability ("CGL") policies issued by Piedmont Mutual Insurance Co. covering the period from 1974 through 2000, including all policy forms, endorsements, and declarations pages. It is noted that Piedmont Mutual entered receivership in 2012 and no recovery under these policies is currently expected; however, the policies themselves and all related records must be preserved as they may be relevant to allocating liability periods and demonstrating historical insurance coverage;
(d) Any other insurance policies, including excess or umbrella policies, environmental impairment liability policies, or other coverage that may apply to environmental liabilities at the Site; and
(e) All claims correspondence, reservation of rights letters, coverage opinions, denial letters, and related insurance documentation generated in connection with any claim or potential claim relating to the Site.
2.9 Financial Records
All financial records relating to the Site, including without limitation:
(a) Records of all operational expenditures, capital expenditures, and maintenance costs incurred at the Site during DTS's period of operations (1974–2015);
(b) Records of all environmental investigation and remediation expenditures incurred by DTS or DEH with respect to the Site;
(c) Invoices from Pinehill Environmental Consulting LLC totaling approximately $387,000 for Phase I, Phase II, and supplemental investigation work performed during 2024 and 2025, together with all supporting documentation, purchase orders, and payment records;
(d) Accounting workpapers, journal entries, and financial statement disclosures prepared by or in conjunction with Gresham & Alford CPAs, PLLC (engagement partner: Christine Lau, CPA) relating to the accrual, measurement, and disclosure of environmental liabilities associated with the Site;
(e) Tax records, cost-segregation analyses, and capital expenditure records relating to the Site and its improvements;
(f) Records of DEH's retainer payment of $150,000 to Calderwood & Harkness LLP, made on June 25, 2025; and
(g) Any other financial records, budgets, forecasts, or analyses relating to the anticipated remediation costs, cost recovery amounts, or any other financial aspects of the Site.
2.10 Personnel and Contractor Records
All records relating to individuals and contractors who performed work at the Site, including without limitation:
(a) Employment records of DTS personnel who worked at the Site, including operations managers, maintenance staff, environmental compliance personnel, supervisors, and any other employees involved in Site operations;
(b) Contractor records for any environmental, construction, engineering, or maintenance contractors who performed work at the Site, including contractor agreements, scope-of-work documents, invoices, and performance records;
(c) Training records, safety records, and occupational exposure records for Site personnel, including HAZWOPER certifications and other environmental health and safety training documentation;
(d) Witness statements, interview notes, or other records of testimony relating to Site operations, environmental incidents, RCFD's operations, or any other matters within the scope of this hold; and
(e) Contact information for former DTS employees and contractors who may have knowledge relevant to the anticipated litigation.
2.11 Property and Title Records
All records relating to ownership, title, and conveyance of the Site, including without limitation:
(a) The deed recorded at Volume 1892, Page 417, Official Public Records, Wharton County, Texas;
(b) The legal description of the Site: Lots 3 and 4 of the H.T. & B.R.R. Survey, Abstract No. 241, Wharton County, Texas;
(c) Records relating to Tax Parcel ID: WC-0241-0034;
(d) Site survey plats, boundary surveys, topographic surveys, maps, and as-built drawings;
(e) Records relating to the tax foreclosure sale conducted in March 2019, at which Calera Properties Group LLC (Managing Member: Rebecca Strand) acquired the approximately 48.7-acre Site for $612,000;
(f) Title commitments, title insurance policies, or title reports issued by Lone Star Title & Escrow Co. relating to the Site; and
(g) Any other instruments of conveyance, lease agreements, easements, licenses, or encumbrances affecting the Site.
2.12 Photographs, Videos, and Physical Evidence
All visual media and physical evidence relating to the Site, including without limitation:
(a) Aerial photographs and satellite imagery of the Site, taken at any time from commencement of operations to the present;
(b) Ground-level photographs of the Site, including photographs of the tank farms, loading rack, secondary containment, administrative buildings, and surrounding areas;
(c) Video recordings and drone survey footage of the Site;
(d) Physical samples, including soil samples, groundwater samples, and product samples, retained by any DEH custodian, DTS personnel, or contractor; and
(e) Any other tangible evidence or visual media that depicts conditions at the Site.
2.13 Communications Relating to RCFD Cost-Recovery
All records relating to the cost-recovery effort against RCFD, including without limitation:
(a) The pre-suit demand letter transmitted by Calderwood & Harkness LLP to RCFD, dated May 12, 2025, and all supporting documentation and enclosures;
(b) The response from RCFD transmitted through its counsel, Whitfield Barr LLP (Thomas Kessler), dated July 8, 2025, denying liability;
(c) All settlement discussions, negotiations, proposals, counterproposals, and related communications between DEH and RCFD (or their respective counsel);
(d) Any prior communications between DTS or DEH and RCFD concerning environmental responsibility, indemnification, cost-sharing, or contribution with respect to contamination at the Site; and
(e) Internal analyses, memoranda, or assessments relating to the cost-recovery strategy, liability allocation, or legal theories supporting the claims against RCFD.
2.14 Site Access and Current Owner Communications
All records relating to communications with the current owner of the Site and related agreements, including without limitation:
(a) All correspondence and communications with Calera Properties Group LLC and its counsel, Kerrigan, Pace & Sullivan LLP (Nora Fujimoto), regarding Site access, environmental conditions, remediation activities, or any other matter relating to the Site;
(b) Drafts and executed versions of the Site Access & Cost-Sharing Agreement between DEH and Calera Properties Group LLC;
(c) Records documenting Calera's post-acquisition carrying costs totaling approximately $285,400, representing fencing, security, and property tax expenditures from March 2019 through June 2025; and
(d) Any other records relating to DEH's relationship with Calera Properties Group LLC, Rebecca Strand, or any representative or agent of Calera with respect to the Site.
Section 3. Types of Materials Covered
This litigation hold applies to all forms of documents, electronically stored information, and tangible items, regardless of format or medium. Without limitation, the following categories of materials must be preserved:
Paper Documents: All correspondence, memoranda, reports, contracts, agreements, permits, licenses, applications, notes, logs, ledgers, invoices, receipts, handwritten notes, calendars, diaries, file folders, and any other records maintained in paper or hard-copy form.
Electronically Stored Information (ESI): All emails (including archived, deleted, and draft emails), text messages, instant messages (including messages sent via platforms such as Northgate Data Systems, Meridian Solutions, Meridian Services Inc., or similar applications), voicemails and voicemail transcripts, word processing documents, spreadsheets, databases, presentations, portable document format (PDF) files, computer-aided design (CAD) drawings, geographic information system (GIS) files, and all associated metadata. ESI must be preserved in its native format with metadata intact.
Digital Storage Media: All hard drives, laptops, desktop computers, servers, network drives, backup tapes, USB drives, external hard drives, solid-state drives, cloud storage accounts (including Aldermere Systems, Cobalt Ridge Systems, Hollowell Health IT, Larkspur Technologies, or similar services), and any personal devices or personal accounts used for business purposes related to the matters described in this notice.
Photographs, Video Recordings, and Audio Recordings: All photographs, video recordings, and audio recordings in any format, whether digital or analog, relating to the Site, its operations, its environmental conditions, or any other matter within the scope of this hold.
Tangible Items: All physical samples (including soil, groundwater, and product samples), monitoring equipment data logs, field notebooks, chain-of-custody records, and any other tangible items related to the Site or the matters described in this notice.
Section 4. Custodian Responsibilities
Every recipient of this Litigation Hold Notice must immediately take the following steps upon receipt:
1.  Suspend Destruction: Immediately suspend any routine or scheduled destruction, deletion, overwriting, recycling, or disposal of materials falling within the scope of this hold. This includes suspending any automated deletion protocols, including auto-purge settings on email systems, voicemail systems, and messaging applications. No documents, data, or tangible items within the scope of this hold may be discarded, deleted, shredded, overwritten, or destroyed for any reason.
2.  Identify and Segregate: Promptly identify and segregate all responsive materials within your possession, custody, or control, including materials stored at your office, home, in personal email accounts, on personal devices, in cloud storage, or at any other location. Take reasonable steps to locate materials in all locations where they may be found.
3.  Disable Automatic Deletion: Ensure that all automatic deletion features on email systems, voicemail systems, and messaging applications are disabled for all responsive content. If you are uncertain how to disable such features, contact your IT department or Devon Archer at Calderwood & Harkness LLP for assistance.
4.  Preserve Backup Media: Preserve all backup media and archival systems that may contain responsive materials, including backup tapes, archival drives, and cloud-based backup services. Do not overwrite, recycle, or reuse backup media until further notice.
5.  Seek Guidance When in Doubt: If you are uncertain whether particular materials fall within the scope of this hold, you must preserve those materials and contact Devon Archer at Calderwood & Harkness LLP, 1200 McKinney Street, Suite 4100, Houston, Texas 77010, or Cynthia Ho at the same address, for guidance. When in doubt, preserve.
6.  Identify Third-Party Custodians: Notify Devon Archer of any third parties who may possess relevant materials not otherwise identified in this notice, including former employees, consultants, contractors, or other individuals or entities who may hold documents or data relating to the matters described herein.
7.  Cooperate with Collection Efforts: Cooperate fully with any document collection, data preservation, or forensic imaging efforts undertaken by Calderwood & Harkness LLP or any vendor retained for that purpose. You may be contacted to provide access to your devices, accounts, or files for collection and preservation purposes.
Your obligation to preserve materials under this hold is ongoing. You must continue to preserve newly created documents and communications that fall within the scope of this hold for as long as the hold remains in effect. If you change positions, departments, or employment status, you must ensure that all materials subject to this hold are preserved and accessible before any transition.
Section 5. Duration of the Hold
This litigation hold shall remain in effect until further written notice from Calderwood & Harkness LLP expressly releasing the hold in whole or in part. At minimum, the hold will remain in place through the resolution of the anticipated cost-recovery litigation against Rowan Creek Fuel Distributors, Inc. and the completion of the TCEQ Voluntary Cleanup Program proceedings (VCP Tracking No. VCP-2517), which is currently projected to extend through 2033, the target date for issuance of a Certificate of Completion by the TCEQ. The actual duration of the hold may be longer depending on the course of litigation and regulatory proceedings.
No materials subject to this litigation hold may be destroyed, discarded, deleted, overwritten, or disposed of without prior written authorization from Calderwood & Harkness LLP. Periodic reminders regarding this hold may be issued by Calderwood & Harkness LLP to ensure ongoing compliance. Receipt of such reminders does not create any inference that the hold was not previously in effect; the hold has been in effect continuously from the date of this notice.
If at any time the scope of this hold is modified — whether expanded or narrowed — you will receive a supplemental notice from Calderwood & Harkness LLP describing the modification. Unless and until you receive such a supplemental notice, the hold described in this notice applies in its entirety.
Section 6. Consequences of Non-Compliance
Failure to comply with this litigation hold may expose DEH — and responsible individuals — to severe consequences in litigation and in regulatory proceedings, including without limitation:
•  Adverse Inference Instructions: A court or jury may be instructed to presume that documents or data that were destroyed, lost, or not preserved were unfavorable to DEH's legal position. Such an instruction can be outcome-determinative in litigation.
•  Monetary Sanctions: The court may impose significant monetary sanctions on DEH, including payment of the opposing party's attorneys' fees and costs incurred as a result of the spoliation.
•  Case-Dispositive Sanctions: In extreme circumstances, a court may impose case-dispositive sanctions, including dismissal of claims, entry of default judgment, or preclusion of evidence, where the failure to preserve evidence is found to be willful or in bad faith.
•  Disciplinary Action: Individual employees, officers, or agents of DEH who fail to comply with this hold may be subject to disciplinary action, up to and including termination of employment or engagement, as well as potential personal liability for sanctions.
All DEH personnel, officers, directors, agents, and representatives are expected to treat this preservation obligation with the utmost seriousness. The consequences of spoliation of evidence are severe and can fundamentally undermine DEH's ability to prosecute its claims and defend its interests. If you have any questions or concerns about your ability to comply with this hold, you must contact Calderwood & Harkness LLP immediately.
Section 7. Acknowledgment and Confirmation
Each recipient of this Litigation Hold Notice is requested to sign and return the attached Acknowledgment and Confirmation Form to Devon Archer at Calderwood & Harkness LLP within five (5) business days of receipt.
The Acknowledgment and Confirmation Form confirms that you have read and understood this Litigation Hold Notice, that you have taken steps to identify and preserve all responsive materials within your possession, custody, or control, and that you will comply with the hold on an ongoing basis. Completion and return of the Acknowledgment Form is an important component of demonstrating DEH's good-faith compliance with its preservation obligations.
The Acknowledgment Form may be returned via email to Devon Archer or by physical mail to the following address:
Devon Archer Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010
If you are unable to return the Acknowledgment Form within the specified timeframe, please contact Devon Archer immediately to make alternative arrangements.
Section 8. Contact Information
If you have any questions regarding this Litigation Hold Notice, the scope of materials subject to preservation, or your obligations as a custodian, please contact any of the following individuals at Calderwood & Harkness LLP:
Devon Archer Associate Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010
Cynthia Ho Lead Associate Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010
Sandra Tung Partner (Responsible Attorney) Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010
Please do not hesitate to reach out to any member of the Calderwood & Harkness team with questions. It is far better to ask a question and receive guidance than to inadvertently fail to preserve materials that may be critical to DEH's legal position.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Devon Archer Associate
Date: June 27, 2025
ATTACHMENT A
ACKNOWLEDGMENT AND CONFIRMATION FORM
LITIGATION HOLD NOTICE — DUNMORE WHARTON TERMINAL SITE 14200 FM 1301, Wharton, Wharton County, Texas 77488
PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION
I acknowledge receipt of the Litigation Hold Notice dated June 27, 2025, issued by Calderwood & Harkness LLP on behalf of Dunmore Energy Holdings Ltd., relating to the Dunmore Wharton Terminal site located at 14200 FM 1301, Wharton, Wharton County, Texas 77488. I confirm that I have read and understood the notice in its entirety, have identified responsive materials within my possession, custody, or control, and will take all necessary steps to preserve such materials in accordance with the notice. I understand that this obligation is ongoing and that I must continue to preserve all relevant materials until I receive written notice from Calderwood & Harkness LLP that the litigation hold has been released.
I further understand that failure to comply with the litigation hold may expose Dunmore Energy Holdings Ltd. to severe legal consequences, including adverse inference instructions, monetary sanctions, and case-dispositive sanctions, and that I may be subject to disciplinary action for any failure to comply.
RETURN INSTRUCTIONS:
Please return this completed Acknowledgment and Confirmation Form within five (5) business days of receipt to:
Devon Archer Calderwood & Harkness LLP 1200 McKinney Street, Suite 4100 Houston, Texas 77010
The form may be returned via email or by physical mail to the address above.
PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION This document and the Litigation Hold Notice to which it is attached are protected by the attorney-client privilege and/or the work product doctrine. This communication is intended solely for the use of the addressee(s) and other authorized recipients. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this document in error, please notify Calderwood & Harkness LLP immediately and destroy all copies.
Name (Print): | __________
Title: | __________
Department / Office: | __________
Date of Receipt of Notice: | __________
Signature: | __________
Date Signed: | __________

LITIGATION HOLD NOTICE

CALDERWOOD & HARKNESS LLP

ATTACHMENT A

ACKNOWLEDGMENT AND CONFIRMATION FORM

RETURN INSTRUCTIONS:

Record

Parties

Dates

Amounts