Financial Recovery Document

FINANCIAL RECOVERY DOCUMENT

This Financial Recovery Document (the "Agreement") is entered into by and between:

RECITALS

WHEREAS, Creditor represents that Creditor holds or controls certain claims or accounts receivable (collectively, the "Claims") against third parties identified herein; and

WHEREAS, Creditor desires to engage Agent to pursue recovery, settlement, or collection of the Claims under the terms set forth below; and Agent is willing to accept such engagement upon the terms and conditions of this Agreement.

IDENTIFICATION OF CLAIMS

Claim Reference / Account Number:

Debtor Name(s):

Original Principal or Claimed Amount: $    Currency:

Date of Default / Triggering Event:

ENGAGEMENT AND SCOPE

Creditor hereby engages Agent, and Agent accepts engagement, to take such actions as Agent deems reasonably necessary to investigate, pursue, negotiate, compromise and collect the Claims, including but not limited to correspondence, telephone contact, litigation referral, settlement negotiations, and assignment of rights when authorized in writing by Creditor.

Agent is authorized to negotiate and enter into settlement agreements on behalf of Creditor only after obtaining written settlement approval in accordance with the approval threshold set forth below.

FEES, COSTS AND PAYMENT

Contingency Fee: Creditor agrees to pay Agent a contingency fee equal to of the Gross Recovery (as defined below), unless a different rate is specified in a written schedule attached hereto.

For purposes of this Agreement, "Gross Recovery" means all cash, credits, property, or other consideration actually received by Creditor or Agent from or on account of the Claims during the term of this Agreement, before deduction for any fees, costs, taxes, or other withholdings.

Distribution of Recoveries: Recoveries shall be allocated first to reimburse advanced costs, then to payment of fees due to Agent, and thereafter to Creditor unless otherwise agreed in writing. Creditor authorizes Agent to deduct fees and costs from recovered funds prior to remittance.

REPORTING AND ACCOUNTING

Agent shall provide Creditor with written accounting of recoveries, itemizing gross receipts, fees, costs advanced, and net amounts remitted. Frequency of reporting:

REPRESENTATIONS, WARRANTIES AND AUTHORITY

Creditor represents and warrants that Creditor is the entitled party to pursue the Claims, that the Claims are free of undisclosed liens except as disclosed in writing to Agent, and that Creditor has full authority to engage Agent and to authorize settlement or assignment within the approval parameters of this Agreement.

Agent represents and warrants that Agent will act in good faith, in a commercially reasonable manner, and in compliance with applicable law in pursuing the Claims.

CONFIDENTIALITY; DATA HANDLING

Each party shall maintain in confidence all non-public information exchanged in connection with this Agreement. Confidential information does not include information which is or becomes generally known through no fault of the receiving party or is required to be disclosed by law or governmental order.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Creditor shall indemnify and hold Agent harmless from claims, liabilities, losses and expenses arising from Creditor's breach of representations, failure to disclose material information, or instructions that cause Agent to act in a manner that results in liability. Agent's liability for any claim arising under this Agreement shall be limited to direct damages up to the total fees actually received by Agent under this Agreement; in no event will Agent be liable for consequential, incidental, punitive or exemplary damages.

TERM; TERMINATION

This Agreement commences on the Effective Date and continues until termination by either party upon thirty (30) days' prior written notice. Termination shall not affect Agent's entitlement to fees and reimbursement of advanced costs for recoveries obtained after termination on matters originated during the term.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles. All disputes arising hereunder shall be resolved by the courts located in the county of Creditor's principal place of business, unless the parties mutually agree in writing to mandatory arbitration.

NOTICES

All notices, demands, or communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or such other address as a party designates by written notice.

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements. Any amendment or modification must be in writing and signed by both parties. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

CERTIFICATION

By signing below, each party certifies that the signatory is duly authorized to execute this Agreement on behalf of the named party, that the information provided herein is true and complete to the best of the signatory's knowledge, and that each party agrees to be bound by the terms and conditions set forth above.

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