Legal Pre-Suit Document

LEGAL PRE-SUIT DOCUMENT

This Legal Pre-Suit Agreement (the "Agreement") is entered into on Effective Date: by and between Claimant Name: with primary contact and address: and Respondent Name: with primary contact and address: (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, Claimant asserts that Respondent's acts or omissions have given rise to certain claims described generally as: , including related damages and costs; and

WHEREAS, the Parties desire to identify and document certain pre-suit procedures intended to provide an opportunity to resolve the dispute without immediate litigation, to preserve rights and evidence, and to set forth the Parties' mutual obligations during the pre-suit period; and

WHEREAS, the Parties acknowledge that timely preservation of documents and communications is necessary to avoid prejudice in any subsequent proceeding.

NOW, THEREFORE

In consideration of the mutual covenants set forth herein and other good and valuable consideration, the Parties agree as follows:

1. DEFINITIONS

1.1 "Claim" means the claims, causes of action, demands, and alleged damages identified by Claimant in Section 2, including any ancillary claims arising out of the same operative facts.

1.2 "Cure Period" means the number of days Respondent has to remedy the asserted basis of the Claim as set forth in Section 3.

2. STATEMENT OF CLAIMS AND FACTUAL SUMMARY

2.1 Claimant provides the following concise factual summary of the Claim (this summary is provided for pre-suit notice and is not a substitute for formal pleadings):

2.2 Estimated amount claimed for damages, if any: $

3. DEMAND; CURE PERIOD; MEDIATION

3.1 Claimant hereby demands that Respondent remedy the matters described in Section 2 by satisfying the demand in full or by undertaking the corrective actions specified herein within the Cure Period described below.

3.2 Cure Period: Respondent shall have days from Respondent's receipt of written notice in accordance with Section 9 to cure the asserted breach or otherwise make Claimant whole. If the Cure Period is not specified by agreement, the default period is 30 days.

3.3 Mediation Option: The Parties agree to submit the dispute to non-binding mediation during the Cure Period. If mediation is selected, the Parties shall mutually select a mediator and schedule mediation within days following the request.

4. TOLLING AND STATUTE OF LIMITATIONS

4.1 Tolling Agreement: By checking the box below, Respondent agrees to toll applicable statutes of limitation for the Claim during the period beginning on the Effective Date and ending upon the first to occur of (a) lapse of the Cure Period without resolution, (b) written agreement to terminate tolling, or (c) days from Effective Date.

Tolling Agreed:

5. PRESERVATION OF EVIDENCE

5.1 Each Party shall take all reasonable steps to preserve documents, electronically stored information, and other evidence relevant to the Claim. Preservation shall include, without limitation, suspension of any routine deletion, destruction, or alteration policies for relevant custodians and systems until the Parties agree otherwise in writing or a court directs otherwise.

5.2 A Party's failure to comply with preservation obligations may be asserted as spoliation and may give rise to evidentiary and other sanctions in any subsequent proceeding.

6. CONFIDENTIALITY

6.1 All communications, offers, proposals, and documents exchanged solely for the purpose of resolving the Claim during the pre-suit period shall be treated as confidential settlement communications to the extent permitted by law and shall not be admissible in any litigation to prove liability, without the express written agreement of the Parties or as required by court order.

7. RESERVATION OF RIGHTS; NO WAIVER

7.1 Except as expressly provided in a signed settlement agreement, nothing in this Agreement shall be construed to waive, release, or limit any Party's substantive or procedural rights, claims, defenses, or remedies, all of which are expressly preserved.

8. ATTORNEYS' FEES AND COSTS

8.1 The prevailing Party in any subsequent litigation shall be entitled to recover reasonable attorneys' fees and costs to the extent permitted by applicable law or contract. Nothing in this Agreement shall create an independent basis for awarding attorneys' fees except as provided by governing law or a later written agreement.

9. NOTICES

Notice to Claimant

Notice to Respondent

10. AMENDMENTS; WAIVER; COUNTERPARTS

10.1 Any amendment or modification of this Agreement must be in writing and signed by both Parties. No waiver of any breach shall be effective unless in writing and signed by the waiving Party.

10.2 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by facsimile or electronic image shall be treated as originals for all purposes.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

11.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state identified below without regard to conflicts of law principles. Choice of law:

11.2 Entire Agreement: This Agreement constitutes the entire understanding of the Parties with respect to the subject matter herein and supersedes all prior oral or written agreements relating to the same.

11.3 Severability: If any provision of this Agreement is found to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

EXECUTION

The Parties, intending to be legally bound, have executed this Agreement as of the Effective Date first written above.

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