1021-00008 · Client 1021 · Investigation Planning

preservation-notice-vcr-custodians.docx DOCUMENT Litigation

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PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT

CALDERWOOD & HARKNESS LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131

July 24, 2023

VIA HAND DELIVERY AND EMAIL

TO:

The following custodians at Verimark Coastal Resorts LLC, 7820 Gulf Breeze Parkway, Suite 400, Destin, Florida 32541:

1. Garrett W. Daskine, Division President

2. Nicole Prescott, Vice President of Finance

3. Ryan Mateo Serrano, Controller

4. Angela DeLuca, Director of Sales

5. Thomas J. Bridwell, Director of Property Operations

6. Catherine Hyunh, Senior Accountant — Revenue

7. Marcus A. Fowler, Senior Accountant — General Ledger

8. Diana Morales, Accounts Payable Manager

9. Brett Calloway, Capital Projects Manager

10. Steven R. Wynn, Procurement Coordinator

11. Janelle Okafor, Financial Analyst — Capital Planning

RE: Mandatory Preservation of Documents and Electronically Stored Information — Internal Investigation by the Audit Committee of Verimark Hospitality Group Inc.

C&H Matter No.: 1021-00008

DOCUMENT PRESERVATION NOTICE

I. Purpose and Authority

Calderwood & Harkness LLP ("Calderwood & Harkness" or the "Firm") has been retained by the Audit Committee of the Board of Directors (the "Audit Committee") of Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation publicly traded on the Nasdaq Stock Market (ticker symbol: VMRK), with headquarters at 4100 Bayshore Boulevard, Suite 1200, Tampa, Florida 33611, to conduct an independent internal investigation into certain matters described more fully below.

The engagement of Calderwood & Harkness was authorized by Audit Committee Chair Diane Kowalski pursuant to an engagement letter executed on July 17, 2023. The Audit Committee is composed of three independent, non-management directors of VHG: Diane Kowalski (Chair), Reginald Faulkner, and Sandra Yeung. The Audit Committee has plenary authority under the VHG Board's charter and applicable corporate governance policies to retain independent counsel, direct the scope and conduct of the investigation, and take such actions as it deems necessary or appropriate in connection therewith.

This Document Preservation Notice (the "Notice") is directed specifically to the custodians identified above, each of whom is employed by or provides services to Verimark Coastal Resorts LLC ("VCR"), a Florida limited liability company and wholly owned subsidiary of VHG, with principal offices at 7820 Gulf Breeze Parkway, Suite 400, Destin, Florida 32541. Each of you has been identified by the investigation team as a person reasonably likely to have possession, custody, or control of documents and electronically stored information ("ESI") relevant to the investigation.

This Notice supplements, and should be read in conjunction with, the company-wide document preservation notice of even date issued to all VHG officers and relevant personnel across all VHG subsidiaries and business units. To the extent that this Notice imposes preservation obligations that are more specific or more expansive than those set forth in the company-wide notice, you must comply with the requirements of both notices. In the event of any conflict between this Notice and the company-wide notice, this Notice shall control with respect to the specific categories of materials and instructions addressed herein.

Compliance with this Notice is mandatory. Failure to preserve materials as directed herein may result in disciplinary action up to and including termination of employment. In addition, failure to preserve documents and ESI may expose VHG, VCR, and individual employees to serious legal sanctions, including adverse inference instructions, monetary penalties, and other remedies that may be imposed by courts, regulatory agencies, or other authorities in the event of related litigation or regulatory proceedings. You should treat this obligation with the utmost seriousness.

II. Scope of the Investigation

The investigation concerns two principal categories of conduct at VCR, as described below. For the avoidance of doubt, the investigation is not limited to the specific transactions or matters referenced below, but encompasses all facts, circumstances, and communications that are relevant to, or reasonably related to, the matters described.

1. Revenue-Recognition Practices

The investigation will examine whether timeshare-interest purchase deposits received at VCR resort properties were prematurely recognized as completed-sale revenue prior to the expiration of the statutory ten (10) day rescission period applicable under Florida Statute § 721.10, and whether the accounting treatment of such deposits was consistent with applicable generally accepted accounting principles ("GAAP"), VHG's stated revenue-recognition policies, and VHG's public financial disclosures. This area of inquiry focuses particularly, although not exclusively, on timeshare-interest sales at the following VCR properties:

a. Coral Dune Resort & Residences (Phase III timeshare units), located at 14200 Emerald Coast Parkway, Destin, Florida 32541; and

b. Palmetto Bluff Club (Phase II timeshare units), located at 3950 Longboat Key Drive, Sarasota, Florida 34228.

The investigation will encompass, among other things, the timing and methodology of revenue recognition for timeshare-interest sales, the treatment of deposits held during the rescission period, the tracking and recording of purchaser rescissions, and any communications or directives relating to the acceleration or manipulation of revenue recognition at VCR.

2. Expense-Reporting and Capital-Improvement Expenditures

The investigation will also examine whether fictitious or inflated vendor invoices and purchase orders were created, approved, or processed in connection with capital-improvement budgets at VCR properties, and whether any payments made pursuant to such invoices or purchase orders were directed to entities or accounts that were not bona fide third-party vendors. This area of inquiry encompasses, among other things, the creation and management of vendor relationships, the approval and payment of vendor invoices, the documentation and authorization of capital-improvement expenditures, and the flow of funds from VCR accounts to vendor accounts. The investigation will examine whether any VCR employee or agent had an undisclosed financial interest in any vendor entity, and whether any payments to vendors constituted misappropriation or diversion of VCR or VHG funds.

These two areas of inquiry are described herein to provide you with context for your preservation obligations. You should not draw any conclusions about the findings or potential outcomes of the investigation based on this description of its scope. The Audit Committee and Calderwood & Harkness reserve the right to expand or modify the scope of the investigation at any time.

III. Temporal Scope of Preservation

You must preserve all documents and ESI, as described in Section IV below, that were created, sent, received, modified, or stored from January 1, 2021 to the present, and you must continue to preserve all such materials on a going-forward basis until you receive further written notice from Calderwood & Harkness LLP or the Audit Committee that this preservation obligation has been modified or lifted.

The January 1, 2021 start date has been selected because it encompasses the period preceding the earliest known events currently under investigation. Based on information available to the investigation team, the formation of certain vendor entities relevant to the investigation began in approximately March 2021, and the earliest identified potentially improper expense reimbursements occurred in approximately July 2021. The January 1, 2021 start date is intended to capture documents and ESI that predate and provide context for these events.

The obligation to preserve documents and ESI as described in this Notice is ongoing and continuous. It will remain in full force and effect until you receive explicit written notice from Calderwood & Harkness LLP or the Audit Committee that it has been lifted. You may not assume that the obligation has expired based on the passage of time, the completion of any phase of the investigation, or any other event or communication, unless you have received such written notice.

IV. Categories of Materials to Be Preserved

The following categories of materials must be preserved. These categories are intended to be illustrative and broadly encompassing, not exhaustive. If you possess, have custody of, or have control over any document or ESI that you believe may be relevant to the matters described in Section II, you must preserve it regardless of whether it falls neatly within one of the categories listed below.

A. Financial Records

You must preserve all financial records in your possession, custody, or control that relate to VCR, including but not limited to:

• General ledger entries, journal entries (including both standard and non-standard or manual journal entries), trial balances, and account reconciliations related to VCR revenue, accounts receivable, deferred revenue, and any accounts associated with timeshare-interest sales or deposits.

• Revenue-recognition schedules and workpapers for timeshare-interest sales at all VCR properties, including but not limited to deposit tracking schedules, rescission-period tracking logs or calendars, sales-completion records, and any documentation reflecting the timing or methodology of revenue recognition.

• Quarterly and annual financial reports, financial statements, budgets, forecasts, projections, and variance analyses prepared for or relating to VCR, whether prepared for internal management purposes, for submission to VHG corporate, or for any other purpose.

• Capital-improvement budgets, project cost tracking reports, capital-expenditure authorization forms and records, and capital project status reports for all VCR properties, including specifically Coral Dune Resort & Residences and Palmetto Bluff Club.

• Bank account records, bank statements, wire transfer confirmations, wire transfer requests and authorizations, ACH transaction records, check registers, canceled checks (front and back), deposit slips, and related banking correspondence for all VCR operating accounts, project accounts, escrow accounts, and any other accounts maintained by or on behalf of VCR.

B. Purchase Orders, Invoices, and Vendor Records

You must preserve all records relating to the procurement of goods or services by VCR and to VCR's vendor relationships, including but not limited to:

• All purchase orders — whether approved, pending, rejected, or canceled — for goods or services related to capital improvements, renovations, maintenance, construction, or any other operational purpose at any VCR property.

• All vendor invoices, payment records, payment approvals, remittance advices, and accounts payable aging reports.

• Vendor master files, vendor qualification and onboarding documentation, IRS Form W-9s and equivalent tax documentation, certificates of insurance, vendor contact records, and vendor correspondence files.

• Contracts, subcontracts, master service agreements, statements of work, change orders, amendments, addenda, and any other contractual documentation with any vendor, contractor, subcontractor, consultant, or supplier providing goods or services to VCR, including but not limited to the following entities:

• Gulf Standard Contracting LLC

• Clearwater Design Collective Inc.

• Suncoast Property Services LLC

• Any other vendor, contractor, or supplier associated with capital-improvement projects at Coral Dune Resort & Residences or Palmetto Bluff Club, regardless of the size of the engagement or the amount invoiced

• Purchase-order approval workflows, authorization matrices, delegation-of-authority documentation, spending-authority policies, and any records reflecting the chain of approval for vendor payments or capital expenditures at VCR.

• Bid solicitations, requests for proposals, competitive bid analyses, sole-source justifications, and any other procurement process documentation.

C. Timeshare Sales Records

You must preserve all records relating to the sale of timeshare interests at VCR properties, including but not limited to:

• Purchase agreements, reservation agreements, sales contracts, and any related addenda, amendments, or side letters for timeshare interests at Coral Dune Resort & Residences (Phase III) and Palmetto Bluff Club (Phase II), as well as any other VCR timeshare property.

• Records of deposits received from timeshare-interest purchasers, deposit escrow account records and statements, deposit refund records, and rescission-related records, including documentation of the processing and timing of rescission refunds.

• Rescission notices received from purchasers, whether received by mail, email, fax, or any other method, and any related correspondence with purchasers or their representatives regarding rescission.

• Sales commission records, incentive compensation records, bonus calculations, and any other compensation-related records tied to timeshare-interest sales performance at VCR properties.

• Customer relationship management ("CRM") data, sales pipeline reports, sales activity reports, lead tracking records, and sales forecasts maintained in any system used by VCR's sales organization, including but not limited to any Pinnacle Health IT, HubSpot, or proprietary CRM platform.

• Sales training materials, sales scripts, and sales policy manuals in effect during the preservation period, to the extent they address deposit handling, rescission procedures, or revenue-recognition timing.

D. Email and Electronic Communications

You must preserve all electronic communications in your possession, custody, or control that relate to VCR business or the subject matters described in this Notice, including but not limited to:

• All email — including sent messages, received messages, drafts, and deleted or recoverable messages — in your corporate email account(s), including all attachments to such email messages, regardless of whether the email resides in your inbox, sent folder, archive, trash, or any other folder. This includes email maintained on VHG or VCR email servers as well as any locally stored email files (e.g., .pst or .ost files).

• All messages, chats, posts, and file-sharing activity on corporate messaging and collaboration platforms, including but not limited to Northgate Data Systems, Meridian Solutions, and any other enterprise messaging system used by VCR or VHG, including both direct messages (one-to-one) and group or channel communications.

• Text messages (SMS and Westmark Software) and messages on any other messaging applications, including but not limited to Meridian Services Inc., Signal, Kestrel Data Systems, and Dunmore Software, to the extent such messages relate to VCR business, timeshare sales, revenue recognition, vendor management, capital-improvement projects, expense reimbursements, or any other subject matter within the scope of this Notice. This obligation applies to messages on both corporate-issued and personal devices.

• Calendar entries, meeting invitations, meeting acceptances and declines, and meeting notes related to meetings, calls, conferences, or events involving the subject matters described in this Notice.

• Voicemail recordings, to the extent such recordings have been retained or are recoverable, whether stored on corporate voicemail systems, mobile devices, or any other platform.

E. Personal Devices and Accounts

If you have used any personal device — including but not limited to a personal laptop, desktop computer, tablet, or mobile phone — for VCR business communications or to create, store, transmit, or receive VCR business records, you must preserve all such materials in their current state. Do not delete, move, modify, or alter any materials on personal devices that may relate to the subject matters described in this Notice.

If you have used any personal email account (e.g., Northgate Software, Cascade Health IT, Ridgeline Technologies, or any other non-corporate email account) for VCR business communications or to create, store, transmit, or receive VCR business records, you must preserve all such email messages, including attachments, in their current state.

If you have used any personal cloud storage account (e.g., Hollowell Health IT, Larkspur Technologies, Meridian Systems, Cobalt Ridge Systems personal, or any other non-corporate cloud storage service) to store VCR business records, you must preserve all such records in their current state.

You must promptly notify Calderwood & Harkness LLP of the existence of any VCR business communications or business records on personal devices or in personal accounts so that appropriate preservation and collection measures can be implemented. Please direct such notification to the attorneys identified in Section VII below.

F. Hard-Copy and Physical Records

You must preserve all hard-copy and physical records in your possession, custody, or control that relate to VCR business or the subject matters described in this Notice, including but not limited to:

• Physical files, folders, binders, notebooks, legal pads, day planners, and handwritten notes relating to VCR financial reporting, timeshare sales, vendor management, capital-improvement projects, expense approvals, or any other subject matter within the scope of this Notice.

• Printed reports, memoranda, correspondence, presentations, spreadsheets, and any other tangible documents, whether located in your office, workstation, desk drawers, file cabinets, credenzas, conference rooms, shared file rooms, offsite storage facilities, or any other location, including your personal residence.

• Sticky notes, whiteboard contents (photograph and preserve if relevant), and any other informal written records that relate to the subject matters described herein.

G. Other Records

You must also preserve the following additional categories of materials, to the extent they are in your possession, custody, or control:

• Internal audit reports, internal audit workpapers, compliance reviews, risk assessments, and whistleblower or ethics-line reports or complaints relating to VCR, including any reports or complaints concerning VCR's financial reporting, vendor relationships, or expense-management practices.

• Board of Directors and committee meeting materials, presentations, board packages, and minutes, to the extent in your possession, custody, or control, including materials relating to VHG Board meetings, Audit Committee meetings, and any other committee meetings at which VCR operations, financial results, or capital projects were discussed.

• Personnel records, performance reviews, job descriptions, and organizational charts for VCR's finance, accounting, sales, operations, and procurement departments and personnel.

• Any documents relating to the establishment, formation, ownership, management, or operations of any entity that provides or has provided vendor services, contractor services, or consulting services to VCR, including but not limited to articles of organization, operating agreements, corporate filings, ownership records, bank account opening documents, and communications with any such entity.

• Any documents relating to gifts, entertainment, travel, or other benefits provided to or received from any vendor, contractor, or supplier of VCR.

V. Preservation Obligations — Specific Instructions

In addition to the general obligation to preserve all documents and ESI within the categories described in Section IV, you must comply with each of the following specific instructions:

A. Prohibition on Destruction, Alteration, or Concealment

1. You must immediately cease any routine or non-routine destruction of documents and ESI within the scope of this Notice. This includes, without limitation, the suspension of any auto-delete policies, retention schedules, or automated purge routines applicable to your email account, messaging accounts, file storage, or any other system in which documents or ESI within the scope of this Notice may reside. If you are aware of any auto-delete or auto-purge settings on any of your accounts or devices, you must take immediate steps to disable such settings or, if you are unable to do so, contact VCR or VHG information technology personnel and Calderwood & Harkness LLP immediately.

2. You must not delete, shred, discard, overwrite, modify, encrypt (beyond existing encryption protocols already in place), relocate, or otherwise alter or conceal any documents or ESI within the scope of this Notice. This prohibition applies to materials in all formats and in all locations, including corporate systems, personal devices, personal accounts, cloud storage, and physical files.

3. You must not instruct, request, suggest, or encourage any other person — whether a VCR or VHG employee, a vendor, a contractor, a family member, or any other individual — to destroy, alter, conceal, remove, or otherwise tamper with any documents or ESI within the scope of this Notice.

4. You must not remove, uninstall, or modify any software or applications on corporate-issued or personal devices that may contain or facilitate access to documents or ESI within the scope of this Notice.

5. Any intentional or negligent destruction, alteration, or concealment of documents or ESI within the scope of this Notice may constitute spoliation of evidence and may result in severe legal consequences for you and for VHG, including but not limited to adverse inference instructions in litigation, monetary sanctions, contempt findings, and potential criminal liability under applicable federal and state laws.

B. Affirmative Preservation Steps

In addition to the prohibitions set forth above, you must take the following affirmative steps to ensure the preservation of documents and ESI within the scope of this Notice:

1. Hard-copy materials: Identify and segregate all hard-copy materials within the scope of this Notice and store them securely in a designated location. Do not commingle materials subject to this Notice with other files or records. If you require assistance identifying an appropriate storage location, contact Calderwood & Harkness LLP.

2. No removal of documents: Do not remove any documents or files from VCR offices, facilities, or storage locations without prior written authorization from Calderwood & Harkness LLP. If you have already taken documents home or to another offsite location, do not return, destroy, or alter them; instead, notify Calderwood & Harkness LLP immediately and await further instructions.

3. Identification of additional locations: If you become aware of any documents or ESI that may be responsive to this Notice but are stored in locations not described above — including but not limited to home offices, vacation properties, personal cloud storage accounts, third-party file-sharing platforms, third-party systems, or any other location — you must notify Calderwood & Harkness LLP immediately so that appropriate preservation steps can be taken.

4. Backup tapes and archived data: Preserve all backup tapes, server images, archived data, and disaster-recovery copies that may contain materials within the scope of this Notice. Coordinate with VHG and VCR information technology personnel as necessary to ensure that all such media are identified, secured, and protected from overwriting, recycling, or destruction. If you are unsure whether any backup tapes or archived data within your area of responsibility may contain relevant materials, err on the side of preservation and contact Calderwood & Harkness LLP.

5. Departing employees: If you become aware that any person who may have possession of relevant documents or ESI is departing VCR or VHG employment, or is being reassigned, you must notify Calderwood & Harkness LLP immediately so that appropriate preservation and collection measures can be implemented before the departure or reassignment occurs.

C. Ongoing Obligation

This preservation obligation is continuing in nature. You must preserve all materials described in Section IV that come into existence after the date of this Notice, for the entire duration of the preservation period, in addition to all pre-existing materials. Each time you create, send, receive, or modify a document or ESI that falls within the scope of this Notice, that document or ESI becomes subject to the preservation obligation.

If you are uncertain whether a particular document, category of documents, or type of ESI falls within the scope of this Notice, you must err on the side of preservation and contact Calderwood & Harkness LLP for guidance. Do not make unilateral decisions to exclude materials based on your own assessment of relevance or materiality.

VI. Confidentiality

The existence and subject matter of this investigation, this Notice, and any communications you may have with Calderwood & Harkness LLP regarding the investigation are strictly confidential. You must observe the following confidentiality requirements:

1. You must not discuss the investigation, this Notice, or any documents or information relating to the investigation with any person other than attorneys of Calderwood & Harkness LLP, unless you have received specific written authorization from Calderwood & Harkness LLP to do so.

2. You must not discuss the investigation with other VCR or VHG employees, including the other recipients of this Notice, except as may be strictly necessary to comply with specific preservation steps described herein and only to the extent specifically directed by Calderwood & Harkness LLP. If you believe that a communication with another employee is necessary for preservation purposes, you must contact Calderwood & Harkness LLP before initiating such communication.

3. You must not disclose the existence of this investigation or this Notice to any external party, including but not limited to vendors, contractors, customers, investors, analysts, members of the media, family members, personal attorneys, or any other person outside of VHG and its subsidiaries.

4. You must not post any information about the investigation, this Notice, or any related matters on social media, internet forums, or any other public or semi-public platform.

5. Unauthorized disclosure of the existence or subject matter of the investigation may compromise the integrity of the investigation, may constitute a violation of company policy, and may result in disciplinary action up to and including termination of employment.

VII. Contact Information

All questions regarding this Notice, your preservation obligations, or any other aspect of your responsibilities in connection with the investigation should be directed exclusively to the following attorneys at Calderwood & Harkness LLP:

Howard Quinn, Partner Calderwood & Harkness LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131 Telephone: (305) 555-8200

Email: hquinn@calderwoodharkness.com

Liam Donahue, Senior Associate Calderwood & Harkness LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131 Telephone: (305) 555-8247

Email: ldonahue@calderwoodharkness.com

Important: Do not contact VHG General Counsel Patricia Navarro, the Audit Committee members, any other VHG or VCR in-house attorney, or any outside attorney other than the Calderwood & Harkness attorneys identified above regarding the scope or application of this Notice, your preservation obligations, or any other matter relating to the investigation, without first consulting Calderwood & Harkness LLP. The Audit Committee has determined that, in order to preserve the independence and integrity of the investigation, all communications regarding the investigation and this Notice should be channeled through Calderwood & Harkness LLP.

VIII. Acknowledgment and Certification

Each recipient of this Notice must sign and return the attached Acknowledgment and Certification form (Attachment A) to Calderwood & Harkness LLP within three (3) business days of receipt of this Notice.

By signing and returning the Acknowledgment and Certification form, you will confirm each of the following:

1. You have read and understand this Notice in its entirety.

2. You will comply with all preservation obligations described herein, and you understand that these obligations are mandatory and continuing.

3. You have not destroyed, altered, concealed, or otherwise tampered with any documents or ESI within the scope of this Notice since becoming aware of any investigation, inquiry, or concern relating to VCR's financial reporting, revenue-recognition practices, vendor relationships, or expense-management practices.

4. You will promptly notify Calderwood & Harkness LLP if you become aware of any documents or ESI that may be responsive to this Notice but were not previously identified, or if you become aware of any circumstances that may affect the preservation of relevant materials.

Failure to timely execute and return the Acknowledgment and Certification form will be reported to the Audit Committee and may result in further action.

This Notice is issued under the authority of the Audit Committee of the Board of Directors of Verimark Hospitality Group Inc. and constitutes a directive of the Audit Committee. The attorney-client privilege and the work-product doctrine protect this Notice and all communications between you and Calderwood & Harkness LLP in connection with the investigation. These privileges belong to VHG and may only be waived by the Audit Committee or the VHG Board of Directors.

CALDERWOOD & HARKNESS LLP

By: ________

Howard Quinn, Partner

By: ________

Liam Donahue, Senior Associate

200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131 Telephone: (305) 555-8200

ATTACHMENT A

ACKNOWLEDGMENT AND CERTIFICATION

Document Preservation Notice dated July 24, 2023 Calderwood & Harkness LLP — C&H Matter No. 1021-00008

I, the undersigned, acknowledge receipt of the Document Preservation Notice dated July 24, 2023 (the "Notice"), issued by Calderwood & Harkness LLP in connection with the internal investigation authorized by the Audit Committee of the Board of Directors of Verimark Hospitality Group Inc. I certify as follows:

1. I have read the Notice in its entirety and understand my obligations thereunder.

2. I will fully comply with all preservation requirements described in the Notice, and I understand that my preservation obligations are mandatory and continuing until I receive written notice that they have been lifted.

3. I have not destroyed, altered, concealed, or otherwise tampered with any documents or electronically stored information within the scope of the Notice since becoming aware of any investigation, inquiry, or concern relating to VCR's financial reporting, revenue-recognition practices, vendor relationships, or expense-management practices.

4. I will promptly notify Calderwood & Harkness LLP if I become aware of any documents or electronically stored information that may be responsive to the Notice but were not previously identified, or if I become aware of any circumstances that may affect the preservation of relevant materials.

5. I understand that failure to comply with the Notice may result in disciplinary action up to and including termination of employment, and may expose Verimark Hospitality Group Inc. and individual employees to legal sanctions.

Printed Name: ________

Title: ________

Signature: ________

Date: ________

INSTRUCTIONS: Please return this executed Acknowledgment and Certification form within three (3) business days of your receipt of the Notice to:

Liam Donahue, Senior Associate Calderwood & Harkness LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131

Email: ldonahue@calderwoodharkness.com

This form may be returned via hand delivery to Mr. Donahue or via email (a scanned, signed copy is acceptable). If you are unable to return the form within three business days, contact Mr. Donahue immediately to make alternative arrangements.

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT
CALDERWOOD & HARKNESS LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131
July 24, 2023
VIA HAND DELIVERY AND EMAIL
TO:
The following custodians at Verimark Coastal Resorts LLC, 7820 Gulf Breeze Parkway, Suite 400, Destin, Florida 32541:
1.  Garrett W. Daskine, Division President
2.  Nicole Prescott, Vice President of Finance
3.  Ryan Mateo Serrano, Controller
4.  Angela DeLuca, Director of Sales
5.  Thomas J. Bridwell, Director of Property Operations
6.  Catherine Hyunh, Senior Accountant — Revenue
7.  Marcus A. Fowler, Senior Accountant — General Ledger
8.  Diana Morales, Accounts Payable Manager
9.  Brett Calloway, Capital Projects Manager
10.  Steven R. Wynn, Procurement Coordinator
11.  Janelle Okafor, Financial Analyst — Capital Planning
RE: Mandatory Preservation of Documents and Electronically Stored Information — Internal Investigation by the Audit Committee of Verimark Hospitality Group Inc.
C&H Matter No.: 1021-00008
DOCUMENT PRESERVATION NOTICE
I. Purpose and Authority
Calderwood & Harkness LLP ("Calderwood & Harkness" or the "Firm") has been retained by the Audit Committee of the Board of Directors (the "Audit Committee") of Verimark Hospitality Group Inc. ("VHG"), a Delaware corporation publicly traded on the Nasdaq Stock Market (ticker symbol: VMRK), with headquarters at 4100 Bayshore Boulevard, Suite 1200, Tampa, Florida 33611, to conduct an independent internal investigation into certain matters described more fully below.
The engagement of Calderwood & Harkness was authorized by Audit Committee Chair Diane Kowalski pursuant to an engagement letter executed on July 17, 2023. The Audit Committee is composed of three independent, non-management directors of VHG: Diane Kowalski (Chair), Reginald Faulkner, and Sandra Yeung. The Audit Committee has plenary authority under the VHG Board's charter and applicable corporate governance policies to retain independent counsel, direct the scope and conduct of the investigation, and take such actions as it deems necessary or appropriate in connection therewith.
This Document Preservation Notice (the "Notice") is directed specifically to the custodians identified above, each of whom is employed by or provides services to Verimark Coastal Resorts LLC ("VCR"), a Florida limited liability company and wholly owned subsidiary of VHG, with principal offices at 7820 Gulf Breeze Parkway, Suite 400, Destin, Florida 32541. Each of you has been identified by the investigation team as a person reasonably likely to have possession, custody, or control of documents and electronically stored information ("ESI") relevant to the investigation.
This Notice supplements, and should be read in conjunction with, the company-wide document preservation notice of even date issued to all VHG officers and relevant personnel across all VHG subsidiaries and business units. To the extent that this Notice imposes preservation obligations that are more specific or more expansive than those set forth in the company-wide notice, you must comply with the requirements of both notices. In the event of any conflict between this Notice and the company-wide notice, this Notice shall control with respect to the specific categories of materials and instructions addressed herein.
Compliance with this Notice is mandatory. Failure to preserve materials as directed herein may result in disciplinary action up to and including termination of employment. In addition, failure to preserve documents and ESI may expose VHG, VCR, and individual employees to serious legal sanctions, including adverse inference instructions, monetary penalties, and other remedies that may be imposed by courts, regulatory agencies, or other authorities in the event of related litigation or regulatory proceedings. You should treat this obligation with the utmost seriousness.
II. Scope of the Investigation
The investigation concerns two principal categories of conduct at VCR, as described below. For the avoidance of doubt, the investigation is not limited to the specific transactions or matters referenced below, but encompasses all facts, circumstances, and communications that are relevant to, or reasonably related to, the matters described.
1. Revenue-Recognition Practices
The investigation will examine whether timeshare-interest purchase deposits received at VCR resort properties were prematurely recognized as completed-sale revenue prior to the expiration of the statutory ten (10) day rescission period applicable under Florida Statute § 721.10, and whether the accounting treatment of such deposits was consistent with applicable generally accepted accounting principles ("GAAP"), VHG's stated revenue-recognition policies, and VHG's public financial disclosures. This area of inquiry focuses particularly, although not exclusively, on timeshare-interest sales at the following VCR properties:
a. Coral Dune Resort & Residences (Phase III timeshare units), located at 14200 Emerald Coast Parkway, Destin, Florida 32541; and
b. Palmetto Bluff Club (Phase II timeshare units), located at 3950 Longboat Key Drive, Sarasota, Florida 34228.
The investigation will encompass, among other things, the timing and methodology of revenue recognition for timeshare-interest sales, the treatment of deposits held during the rescission period, the tracking and recording of purchaser rescissions, and any communications or directives relating to the acceleration or manipulation of revenue recognition at VCR.
2. Expense-Reporting and Capital-Improvement Expenditures
The investigation will also examine whether fictitious or inflated vendor invoices and purchase orders were created, approved, or processed in connection with capital-improvement budgets at VCR properties, and whether any payments made pursuant to such invoices or purchase orders were directed to entities or accounts that were not bona fide third-party vendors. This area of inquiry encompasses, among other things, the creation and management of vendor relationships, the approval and payment of vendor invoices, the documentation and authorization of capital-improvement expenditures, and the flow of funds from VCR accounts to vendor accounts. The investigation will examine whether any VCR employee or agent had an undisclosed financial interest in any vendor entity, and whether any payments to vendors constituted misappropriation or diversion of VCR or VHG funds.
These two areas of inquiry are described herein to provide you with context for your preservation obligations. You should not draw any conclusions about the findings or potential outcomes of the investigation based on this description of its scope. The Audit Committee and Calderwood & Harkness reserve the right to expand or modify the scope of the investigation at any time.
III. Temporal Scope of Preservation
You must preserve all documents and ESI, as described in Section IV below, that were created, sent, received, modified, or stored from January 1, 2021 to the present, and you must continue to preserve all such materials on a going-forward basis until you receive further written notice from Calderwood & Harkness LLP or the Audit Committee that this preservation obligation has been modified or lifted.
The January 1, 2021 start date has been selected because it encompasses the period preceding the earliest known events currently under investigation. Based on information available to the investigation team, the formation of certain vendor entities relevant to the investigation began in approximately March 2021, and the earliest identified potentially improper expense reimbursements occurred in approximately July 2021. The January 1, 2021 start date is intended to capture documents and ESI that predate and provide context for these events.
The obligation to preserve documents and ESI as described in this Notice is ongoing and continuous. It will remain in full force and effect until you receive explicit written notice from Calderwood & Harkness LLP or the Audit Committee that it has been lifted. You may not assume that the obligation has expired based on the passage of time, the completion of any phase of the investigation, or any other event or communication, unless you have received such written notice.
IV. Categories of Materials to Be Preserved
The following categories of materials must be preserved. These categories are intended to be illustrative and broadly encompassing, not exhaustive. If you possess, have custody of, or have control over any document or ESI that you believe may be relevant to the matters described in Section II, you must preserve it regardless of whether it falls neatly within one of the categories listed below.
A. Financial Records
You must preserve all financial records in your possession, custody, or control that relate to VCR, including but not limited to:
•  General ledger entries, journal entries (including both standard and non-standard or manual journal entries), trial balances, and account reconciliations related to VCR revenue, accounts receivable, deferred revenue, and any accounts associated with timeshare-interest sales or deposits.
•  Revenue-recognition schedules and workpapers for timeshare-interest sales at all VCR properties, including but not limited to deposit tracking schedules, rescission-period tracking logs or calendars, sales-completion records, and any documentation reflecting the timing or methodology of revenue recognition.
•  Quarterly and annual financial reports, financial statements, budgets, forecasts, projections, and variance analyses prepared for or relating to VCR, whether prepared for internal management purposes, for submission to VHG corporate, or for any other purpose.
•  Capital-improvement budgets, project cost tracking reports, capital-expenditure authorization forms and records, and capital project status reports for all VCR properties, including specifically Coral Dune Resort & Residences and Palmetto Bluff Club.
•  Bank account records, bank statements, wire transfer confirmations, wire transfer requests and authorizations, ACH transaction records, check registers, canceled checks (front and back), deposit slips, and related banking correspondence for all VCR operating accounts, project accounts, escrow accounts, and any other accounts maintained by or on behalf of VCR.
B. Purchase Orders, Invoices, and Vendor Records
You must preserve all records relating to the procurement of goods or services by VCR and to VCR's vendor relationships, including but not limited to:
•  All purchase orders — whether approved, pending, rejected, or canceled — for goods or services related to capital improvements, renovations, maintenance, construction, or any other operational purpose at any VCR property.
•  All vendor invoices, payment records, payment approvals, remittance advices, and accounts payable aging reports.
•  Vendor master files, vendor qualification and onboarding documentation, IRS Form W-9s and equivalent tax documentation, certificates of insurance, vendor contact records, and vendor correspondence files.
•  Contracts, subcontracts, master service agreements, statements of work, change orders, amendments, addenda, and any other contractual documentation with any vendor, contractor, subcontractor, consultant, or supplier providing goods or services to VCR, including but not limited to the following entities:
•  Gulf Standard Contracting LLC
•  Clearwater Design Collective Inc.
•  Suncoast Property Services LLC
•  Any other vendor, contractor, or supplier associated with capital-improvement projects at Coral Dune Resort & Residences or Palmetto Bluff Club, regardless of the size of the engagement or the amount invoiced
•  Purchase-order approval workflows, authorization matrices, delegation-of-authority documentation, spending-authority policies, and any records reflecting the chain of approval for vendor payments or capital expenditures at VCR.
•  Bid solicitations, requests for proposals, competitive bid analyses, sole-source justifications, and any other procurement process documentation.
C. Timeshare Sales Records
You must preserve all records relating to the sale of timeshare interests at VCR properties, including but not limited to:
•  Purchase agreements, reservation agreements, sales contracts, and any related addenda, amendments, or side letters for timeshare interests at Coral Dune Resort & Residences (Phase III) and Palmetto Bluff Club (Phase II), as well as any other VCR timeshare property.
•  Records of deposits received from timeshare-interest purchasers, deposit escrow account records and statements, deposit refund records, and rescission-related records, including documentation of the processing and timing of rescission refunds.
•  Rescission notices received from purchasers, whether received by mail, email, fax, or any other method, and any related correspondence with purchasers or their representatives regarding rescission.
•  Sales commission records, incentive compensation records, bonus calculations, and any other compensation-related records tied to timeshare-interest sales performance at VCR properties.
•  Customer relationship management ("CRM") data, sales pipeline reports, sales activity reports, lead tracking records, and sales forecasts maintained in any system used by VCR's sales organization, including but not limited to any Pinnacle Health IT, HubSpot, or proprietary CRM platform.
•  Sales training materials, sales scripts, and sales policy manuals in effect during the preservation period, to the extent they address deposit handling, rescission procedures, or revenue-recognition timing.
D. Email and Electronic Communications
You must preserve all electronic communications in your possession, custody, or control that relate to VCR business or the subject matters described in this Notice, including but not limited to:
•  All email — including sent messages, received messages, drafts, and deleted or recoverable messages — in your corporate email account(s), including all attachments to such email messages, regardless of whether the email resides in your inbox, sent folder, archive, trash, or any other folder. This includes email maintained on VHG or VCR email servers as well as any locally stored email files (e.g., .pst or .ost files).
•  All messages, chats, posts, and file-sharing activity on corporate messaging and collaboration platforms, including but not limited to Northgate Data Systems, Meridian Solutions, and any other enterprise messaging system used by VCR or VHG, including both direct messages (one-to-one) and group or channel communications.
•  Text messages (SMS and Westmark Software) and messages on any other messaging applications, including but not limited to Meridian Services Inc., Signal, Kestrel Data Systems, and Dunmore Software, to the extent such messages relate to VCR business, timeshare sales, revenue recognition, vendor management, capital-improvement projects, expense reimbursements, or any other subject matter within the scope of this Notice. This obligation applies to messages on both corporate-issued and personal devices.
•  Calendar entries, meeting invitations, meeting acceptances and declines, and meeting notes related to meetings, calls, conferences, or events involving the subject matters described in this Notice.
•  Voicemail recordings, to the extent such recordings have been retained or are recoverable, whether stored on corporate voicemail systems, mobile devices, or any other platform.
E. Personal Devices and Accounts
If you have used any personal device — including but not limited to a personal laptop, desktop computer, tablet, or mobile phone — for VCR business communications or to create, store, transmit, or receive VCR business records, you must preserve all such materials in their current state. Do not delete, move, modify, or alter any materials on personal devices that may relate to the subject matters described in this Notice.
If you have used any personal email account (e.g., Northgate Software, Cascade Health IT, Ridgeline Technologies, or any other non-corporate email account) for VCR business communications or to create, store, transmit, or receive VCR business records, you must preserve all such email messages, including attachments, in their current state.
If you have used any personal cloud storage account (e.g., Hollowell Health IT, Larkspur Technologies, Meridian Systems, Cobalt Ridge Systems personal, or any other non-corporate cloud storage service) to store VCR business records, you must preserve all such records in their current state.
You must promptly notify Calderwood & Harkness LLP of the existence of any VCR business communications or business records on personal devices or in personal accounts so that appropriate preservation and collection measures can be implemented. Please direct such notification to the attorneys identified in Section VII below.
F. Hard-Copy and Physical Records
You must preserve all hard-copy and physical records in your possession, custody, or control that relate to VCR business or the subject matters described in this Notice, including but not limited to:
•  Physical files, folders, binders, notebooks, legal pads, day planners, and handwritten notes relating to VCR financial reporting, timeshare sales, vendor management, capital-improvement projects, expense approvals, or any other subject matter within the scope of this Notice.
•  Printed reports, memoranda, correspondence, presentations, spreadsheets, and any other tangible documents, whether located in your office, workstation, desk drawers, file cabinets, credenzas, conference rooms, shared file rooms, offsite storage facilities, or any other location, including your personal residence.
•  Sticky notes, whiteboard contents (photograph and preserve if relevant), and any other informal written records that relate to the subject matters described herein.
G. Other Records
You must also preserve the following additional categories of materials, to the extent they are in your possession, custody, or control:
•  Internal audit reports, internal audit workpapers, compliance reviews, risk assessments, and whistleblower or ethics-line reports or complaints relating to VCR, including any reports or complaints concerning VCR's financial reporting, vendor relationships, or expense-management practices.
•  Board of Directors and committee meeting materials, presentations, board packages, and minutes, to the extent in your possession, custody, or control, including materials relating to VHG Board meetings, Audit Committee meetings, and any other committee meetings at which VCR operations, financial results, or capital projects were discussed.
•  Personnel records, performance reviews, job descriptions, and organizational charts for VCR's finance, accounting, sales, operations, and procurement departments and personnel.
•  Any documents relating to the establishment, formation, ownership, management, or operations of any entity that provides or has provided vendor services, contractor services, or consulting services to VCR, including but not limited to articles of organization, operating agreements, corporate filings, ownership records, bank account opening documents, and communications with any such entity.
•  Any documents relating to gifts, entertainment, travel, or other benefits provided to or received from any vendor, contractor, or supplier of VCR.
V. Preservation Obligations — Specific Instructions
In addition to the general obligation to preserve all documents and ESI within the categories described in Section IV, you must comply with each of the following specific instructions:
A. Prohibition on Destruction, Alteration, or Concealment
1.  You must immediately cease any routine or non-routine destruction of documents and ESI within the scope of this Notice. This includes, without limitation, the suspension of any auto-delete policies, retention schedules, or automated purge routines applicable to your email account, messaging accounts, file storage, or any other system in which documents or ESI within the scope of this Notice may reside. If you are aware of any auto-delete or auto-purge settings on any of your accounts or devices, you must take immediate steps to disable such settings or, if you are unable to do so, contact VCR or VHG information technology personnel and Calderwood & Harkness LLP immediately.
2.  You must not delete, shred, discard, overwrite, modify, encrypt (beyond existing encryption protocols already in place), relocate, or otherwise alter or conceal any documents or ESI within the scope of this Notice. This prohibition applies to materials in all formats and in all locations, including corporate systems, personal devices, personal accounts, cloud storage, and physical files.
3.  You must not instruct, request, suggest, or encourage any other person — whether a VCR or VHG employee, a vendor, a contractor, a family member, or any other individual — to destroy, alter, conceal, remove, or otherwise tamper with any documents or ESI within the scope of this Notice.
4.  You must not remove, uninstall, or modify any software or applications on corporate-issued or personal devices that may contain or facilitate access to documents or ESI within the scope of this Notice.
5.  Any intentional or negligent destruction, alteration, or concealment of documents or ESI within the scope of this Notice may constitute spoliation of evidence and may result in severe legal consequences for you and for VHG, including but not limited to adverse inference instructions in litigation, monetary sanctions, contempt findings, and potential criminal liability under applicable federal and state laws.
B. Affirmative Preservation Steps
In addition to the prohibitions set forth above, you must take the following affirmative steps to ensure the preservation of documents and ESI within the scope of this Notice:
1.  Hard-copy materials: Identify and segregate all hard-copy materials within the scope of this Notice and store them securely in a designated location. Do not commingle materials subject to this Notice with other files or records. If you require assistance identifying an appropriate storage location, contact Calderwood & Harkness LLP.
2.  No removal of documents: Do not remove any documents or files from VCR offices, facilities, or storage locations without prior written authorization from Calderwood & Harkness LLP. If you have already taken documents home or to another offsite location, do not return, destroy, or alter them; instead, notify Calderwood & Harkness LLP immediately and await further instructions.
3.  Identification of additional locations: If you become aware of any documents or ESI that may be responsive to this Notice but are stored in locations not described above — including but not limited to home offices, vacation properties, personal cloud storage accounts, third-party file-sharing platforms, third-party systems, or any other location — you must notify Calderwood & Harkness LLP immediately so that appropriate preservation steps can be taken.
4.  Backup tapes and archived data: Preserve all backup tapes, server images, archived data, and disaster-recovery copies that may contain materials within the scope of this Notice. Coordinate with VHG and VCR information technology personnel as necessary to ensure that all such media are identified, secured, and protected from overwriting, recycling, or destruction. If you are unsure whether any backup tapes or archived data within your area of responsibility may contain relevant materials, err on the side of preservation and contact Calderwood & Harkness LLP.
5.  Departing employees: If you become aware that any person who may have possession of relevant documents or ESI is departing VCR or VHG employment, or is being reassigned, you must notify Calderwood & Harkness LLP immediately so that appropriate preservation and collection measures can be implemented before the departure or reassignment occurs.
C. Ongoing Obligation
This preservation obligation is continuing in nature. You must preserve all materials described in Section IV that come into existence after the date of this Notice, for the entire duration of the preservation period, in addition to all pre-existing materials. Each time you create, send, receive, or modify a document or ESI that falls within the scope of this Notice, that document or ESI becomes subject to the preservation obligation.
If you are uncertain whether a particular document, category of documents, or type of ESI falls within the scope of this Notice, you must err on the side of preservation and contact Calderwood & Harkness LLP for guidance. Do not make unilateral decisions to exclude materials based on your own assessment of relevance or materiality.
VI. Confidentiality
The existence and subject matter of this investigation, this Notice, and any communications you may have with Calderwood & Harkness LLP regarding the investigation are strictly confidential. You must observe the following confidentiality requirements:
1.  You must not discuss the investigation, this Notice, or any documents or information relating to the investigation with any person other than attorneys of Calderwood & Harkness LLP, unless you have received specific written authorization from Calderwood & Harkness LLP to do so.
2.  You must not discuss the investigation with other VCR or VHG employees, including the other recipients of this Notice, except as may be strictly necessary to comply with specific preservation steps described herein and only to the extent specifically directed by Calderwood & Harkness LLP. If you believe that a communication with another employee is necessary for preservation purposes, you must contact Calderwood & Harkness LLP before initiating such communication.
3.  You must not disclose the existence of this investigation or this Notice to any external party, including but not limited to vendors, contractors, customers, investors, analysts, members of the media, family members, personal attorneys, or any other person outside of VHG and its subsidiaries.
4.  You must not post any information about the investigation, this Notice, or any related matters on social media, internet forums, or any other public or semi-public platform.
5.  Unauthorized disclosure of the existence or subject matter of the investigation may compromise the integrity of the investigation, may constitute a violation of company policy, and may result in disciplinary action up to and including termination of employment.
VII. Contact Information
All questions regarding this Notice, your preservation obligations, or any other aspect of your responsibilities in connection with the investigation should be directed exclusively to the following attorneys at Calderwood & Harkness LLP:
Howard Quinn, Partner Calderwood & Harkness LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131 Telephone: (305) 555-8200
Email: hquinn@calderwoodharkness.com
Liam Donahue, Senior Associate Calderwood & Harkness LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131 Telephone: (305) 555-8247
Email: ldonahue@calderwoodharkness.com
Important: Do not contact VHG General Counsel Patricia Navarro, the Audit Committee members, any other VHG or VCR in-house attorney, or any outside attorney other than the Calderwood & Harkness attorneys identified above regarding the scope or application of this Notice, your preservation obligations, or any other matter relating to the investigation, without first consulting Calderwood & Harkness LLP. The Audit Committee has determined that, in order to preserve the independence and integrity of the investigation, all communications regarding the investigation and this Notice should be channeled through Calderwood & Harkness LLP.
VIII. Acknowledgment and Certification
Each recipient of this Notice must sign and return the attached Acknowledgment and Certification form (Attachment A) to Calderwood & Harkness LLP within three (3) business days of receipt of this Notice.
By signing and returning the Acknowledgment and Certification form, you will confirm each of the following:
1.  You have read and understand this Notice in its entirety.
2.  You will comply with all preservation obligations described herein, and you understand that these obligations are mandatory and continuing.
3.  You have not destroyed, altered, concealed, or otherwise tampered with any documents or ESI within the scope of this Notice since becoming aware of any investigation, inquiry, or concern relating to VCR's financial reporting, revenue-recognition practices, vendor relationships, or expense-management practices.
4.  You will promptly notify Calderwood & Harkness LLP if you become aware of any documents or ESI that may be responsive to this Notice but were not previously identified, or if you become aware of any circumstances that may affect the preservation of relevant materials.
Failure to timely execute and return the Acknowledgment and Certification form will be reported to the Audit Committee and may result in further action.
This Notice is issued under the authority of the Audit Committee of the Board of Directors of Verimark Hospitality Group Inc. and constitutes a directive of the Audit Committee. The attorney-client privilege and the work-product doctrine protect this Notice and all communications between you and Calderwood & Harkness LLP in connection with the investigation. These privileges belong to VHG and may only be waived by the Audit Committee or the VHG Board of Directors.
CALDERWOOD & HARKNESS LLP
By: ________
Howard Quinn, Partner
By: ________
Liam Donahue, Senior Associate
200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131 Telephone: (305) 555-8200
ATTACHMENT A
ACKNOWLEDGMENT AND CERTIFICATION
Document Preservation Notice dated July 24, 2023 Calderwood & Harkness LLP — C&H Matter No. 1021-00008
I, the undersigned, acknowledge receipt of the Document Preservation Notice dated July 24, 2023 (the "Notice"), issued by Calderwood & Harkness LLP in connection with the internal investigation authorized by the Audit Committee of the Board of Directors of Verimark Hospitality Group Inc. I certify as follows:
1.  I have read the Notice in its entirety and understand my obligations thereunder.
2.  I will fully comply with all preservation requirements described in the Notice, and I understand that my preservation obligations are mandatory and continuing until I receive written notice that they have been lifted.
3.  I have not destroyed, altered, concealed, or otherwise tampered with any documents or electronically stored information within the scope of the Notice since becoming aware of any investigation, inquiry, or concern relating to VCR's financial reporting, revenue-recognition practices, vendor relationships, or expense-management practices.
4.  I will promptly notify Calderwood & Harkness LLP if I become aware of any documents or electronically stored information that may be responsive to the Notice but were not previously identified, or if I become aware of any circumstances that may affect the preservation of relevant materials.
5.  I understand that failure to comply with the Notice may result in disciplinary action up to and including termination of employment, and may expose Verimark Hospitality Group Inc. and individual employees to legal sanctions.
Printed Name: ________
Title: ________
Signature: ________
Date: ________
INSTRUCTIONS: Please return this executed Acknowledgment and Certification form within three (3) business days of your receipt of the Notice to:
Liam Donahue, Senior Associate Calderwood & Harkness LLP 200 South Biscayne Boulevard, Suite 4400 Miami, Florida 33131
Email: ldonahue@calderwoodharkness.com
This form may be returned via hand delivery to Mr. Donahue or via email (a scanned, signed copy is acceptable). If you are unable to return the form within three business days, contact Mr. Donahue immediately to make alternative arrangements.
PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT

PRIVILEGED AND CONFIDENTIAL — ATTORNEY-CLIENT PRIVILEGE / ATTORNEY WORK PRODUCT

VIA HAND DELIVERY AND EMAIL

DOCUMENT PRESERVATION NOTICE

CALDERWOOD & HARKNESS LLP

ATTACHMENT A

ACKNOWLEDGMENT AND CERTIFICATION

Record

Parties

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