Court Preparation Document

COURT PREPARATION DOCUMENT

This Court Preparation Document (the "Agreement") is made effective as of Effective Date: by and between Client Name: with Address: and Preparation Provider Name: with Address: .

RECITALS

WHEREAS, a dispute exists in Court Name: under Case Number: involving Parties: .

WHEREAS, Client desires that Provider perform specified court-preparation services, including but not limited to preparation of exhibits, witness preparation, and compilation of pleadings and trial materials; and

WHEREAS, Provider has represented that it has the experience, personnel, and resources necessary to prepare the case materials in a professional manner consistent with applicable rules of civil procedure and evidence.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below: "Deliverables" means the documents, exhibits, indexes, summaries, witness lists and other tangible materials that Provider prepares for use in court or in pretrial proceedings; "Services" means the court preparation activities described in Section 2 below.

2. SCOPE OF SERVICES

Provider shall perform court-preparation services reasonably necessary for the prosecution or defense of the matter identified above. Services shall include, without limitation, the following items as selected by Client:

3. DELIVERABLES, TIMELINE & ACCEPTANCE

Provider shall deliver the agreed Deliverables in accordance with the following schedule: Delivery Milestones:

4. CLIENT RESPONSIBILITIES

Client shall, in a timely manner, provide all relevant documents, access to witnesses, factual summaries, and any necessary authorizations. Client represents that all documents provided are true and complete to the best of Client's knowledge and that Client will notify Provider promptly of any change in circumstances.

5. FEES, EXPENSES AND PAYMENT

Client shall pay Provider fees as follows. Unless otherwise agreed in writing, Provider's hourly rate for personnel and specific flat fees for discrete tasks shall be invoiced monthly and payable within thirty (30) days of invoice. Client shall also reimburse Provider for reasonable out-of-pocket expenses incurred in connection with the Services.

6. CONFIDENTIALITY

Provider acknowledges that in performing Services it may receive Confidential Information. Provider shall maintain the confidentiality of such information and shall not disclose it except as required by law or court order, or with Client's prior written consent. Confidential Information does not include information that is or becomes publicly available through no fault of Provider.

7. CONFLICTS OF INTEREST

Provider represents that, except as disclosed in writing to Client, Provider has no current conflicts of interest that would materially impair Provider's ability to perform the Services. If a conflict arises, Provider shall promptly disclose the conflict and the parties shall use good faith efforts to resolve the matter.

8. RECORDS, WORK PRODUCT & RETURN OF MATERIALS

All work product prepared by Provider specifically for Client in the course of providing Services shall be retained by Client upon payment in full except that Provider may maintain copies for its internal records. Provider shall return or destroy, at Client's direction, any original client materials upon termination, subject to reimbursement for reasonable handling and storage costs.

9. INDEMNIFICATION; LIMITATION OF LIABILITY

Each party shall indemnify and hold harmless the other party from claims arising out of its gross negligence or willful misconduct in performing its obligations under this Agreement. Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for consequential, incidental, punitive or special damages.

10. TERMINATION

Either party may terminate this Agreement upon ten (10) days' written notice to the other for material breach if the breach is not cured within the notice period. Upon termination, Provider shall deliver to Client all completed Deliverables and shall invoice Client for fees and expenses incurred up to the effective date of termination.

11. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by hand delivery, certified mail (return receipt requested), or nationally recognized overnight courier.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of Governing State: without regard to conflict of laws principles.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

14. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to give effect to the parties' intent to the greatest extent permitted by law.

15. AMENDMENTS; WAIVER; COUNTERPARTS

Any amendment or modification to this Agreement must be in writing and signed by both parties. No waiver of any provision shall be effective unless in writing and signed. This Agreement may be executed in counterparts, each of which shall be deemed an original.

16. REPRESENTATIONS AND AUTHORITY TO EXECUTE

Each party represents and warrants that it has the full power and authority to enter into this Agreement and that the person signing on its behalf is duly authorized to do so.

ADDITIONAL INSTRUCTIONS / NOTES

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