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Docusign Envelope ID: D43C318E-E172-4E48-BD89-80DB2807B28B working on the Matter. BD also reserves the right to make changes to such personnel at any time. The contact information is as follows: NAME TELEPHONE FACSIMILE E-MAIL Attorney Corey A. Auerbach (716) 858-3801 (716) 768-2801 [email protected] 4. Client Confidentiality. BD will protect client confidences and secrets as required by law. Please use special care when communicating with BD via electronic mail or by cellular telephone because such methods of communication are not always secure and could lead to the inadvertent waiver of attorney-client privilege. 5. Preservation of Evidence. For litigated matters, you are required by law to preserve any evidence that may be relevant to the claim. This includes business records, correspondence, e-mail or other messages, photographs or video, or other physical evidence. You must take steps immediately to identify and locate any material and make sure that it is not discarded or deleted. You should err on the side of including material. If this claim involves a business and it has a practice of discarding material after a certain period of time, you must stop that process as it relates to any material relating to this claim. Further, any individual in the organization who may have any such material should be advised of this requirement of preservation. When we meet, we will discuss how to deal with this issue going forward. 6. Conflicts of Interest. (a) Client’s “Affiliates”. In this engagement, BD represents only the person or entity that is identified as the “Client” in the Letter. “Client” does not include any “affiliates” of Client (i.e., if Client is a corporation, limited liability company, or partnership, “affiliate” means any parent, subsidiary, employee, officer, director, shareholder, member or partner of the corporation, limited liability company, or partnership; or, if Client is a trade association, “affiliate” includes any member of the trade association). Accordingly, for conflict of interest purposes, Client agrees that BD may represent another client with interests adverse to any such affiliate, without obtaining Client’s consent. Client further agrees that Client will not seek to disqualify BD from representing another client in a matter where such client is adverse to Client’s affiliate. Upon BD’s request, Client will use best efforts to arrange it so that none of Client’s affiliates will seek to disqualify BD from representing another client in any such matter. (b) Other Clients Adverse to “Client”. BD is a large law firm which represents many clients in a variety of matters. It is possible that in the future, BD may be asked by one of those clients to represent it in a matter where Client is an adverse party or has an adverse interest. If such a future matter is substantially unrelated to the Matter in this engagement and if Client has not given BD any confidential information that is materially relevant to such a future matter, then Client agrees prospectively (1) to waive any conflict of interest in connection with BD representing another client in such a future matter even though it may be against Client or an interest of Client; and (2) not to seek to disqualify BD from representing another client in any such future matter. 7. Fees. The fees BD will charge for its services will be based on the amount of time spent by its attorneys and paralegals on the Matter. Time is charged in units of tenths of an hour. The fee will be the time spent by attorneys and paralegals multiplied by their hourly billing rate in effect when 3 33135393.1