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WHEREAS, POSITIVELY NEUTRAL, LLC, is engaged in the business of obtaining on behalf of expert witnesses (referred to herein as "experts") evaluations of the experts' performance by those attorneys' who have appeared before the expert; WHEREAS, the undersigned expert desires to engage POSITIVELY NEUTRAL, LLC on the terms and conditions set forth below; NOW, THEREFORE, POSITIVELY NEUTRAL, LLC and the undersigned expert agree as follows: 1. The undersigned expert ("Expert") hereby engages POSITIVELY NEUTRAL, LLC to perform the services set forth in this agreement, and POSITIVELY NEUTRAL, LLC hereby accepts the engagement. 2. Upon Expert's completion of the enrollment process, including payment of all fees due, POSITIVELY NEUTRAL, LLC will conduct twenty surveys (conditioned upon Expert providing POSITIVELY NEUTRAL, LLC with contact information for twenty or more attorneys who are willing to provide the survey information), together with the other services required of it under this Agreement. 3. Expert will provide POSITIVELY NEUTRAL, LLC with the names, and contact information of all attorneys who have utilized Expert's services during the two year period prior to the date of this agreement. Expert shall provide said information in the manner and form reasonably requested by POSITIVELY NEUTRAL, LLC. 4. POSITIVELY NEUTRAL, LLC will utilize its best efforts to contact and obtain from attorneys identified by Expert an evaluation of Expert's abilities and performance as an expert witness, within thirty days of POSITIVELY NEUTRAL, LLC's receipt of the names and contact information. Expert hereby acknowledges that POSITIVELY NEUTRAL, LLC may determine in its sole discretion the time, manner and scope of the inquiry to be made of the attorneys identified by Expert, consistent with the scope and purpose of this Agreement, and similar to the inquiry made of other similarly situated experts. POSITIVELY NEUTRAL, LLC's survey requirement shall be limited to those attorneys disclosed by Expert, as to whom accurate contact information has been provided. If the number of attorneys identified by Expert exceeds the number of evaluations that POSITIVELY NEUTRAL, LLC is being retained to obtain, then POSITIVELY NEUTRAL, LLC shall determine from which of the attorneys it shall seek evaluations. 5. POSITIVELY NEUTRAL, LLC will provide Expert with the evaluation results received from the attorneys, subject to any redaction or restriction that may be required by an attorney as a condition of providing POSITIVELY NEUTRAL, LLC with the evaluation. Expert is not entitled to receive, and POSITIVELY NEUTRAL, LLC is not required to provide, the name of any attorney who provided survey results. 6. Expert shall have the right to maintain, use and publish the evaluation results of Expert, subject to any restrictions reasonably imposed by POSITIVELY NEUTRAL, LLC. Expert agrees to hold harmless and to indemnify POSITIVELY NEUTRAL, LLC from any claims, causes of action, damages or suits that may be asserted or imposed against it due to Expert's violation of the obligations imposed by this paragraph. 7. During the term of this Agreement and any renewal hereof, POSITIVELY NEUTRAL, LLC, if requested by Expert, and subject to Expert's compliance with its obligations under this Agreement, shall: a. publish on its web site the information and/or a summary of the information provided by the attorneys in their evaluations of Expert; b. publish biographical information about Expert, the text of which Expert shall provide to POSITIVELY NEUTRAL, LLC; c. provide a link from POSITIVELY NEUTRAL, LLC's web site to Expert's web site. Expert hereby acknowledges that POSITIVELY NEUTRAL, LLC may determine in its sole discretion the method, format and scope of the information to be published and link to be provided, provided that the method, formal and scope will be consistent with that utilized by POSITIVELY NEUTRAL, LLC regarding its publication of information and links relating to other expert witnesses. 8. If Expert determines that it failed to provide POSITIVELY NEUTRAL, LLC with a comprehensive list of names and contact information, then Expert shall promptly inform POSITIVELY NEUTRAL, LLC of the names and contact information that were not provided. 9. If Expert knowingly fails to provide POSITIVELY NEUTRAL, LLC with a comprehensive list of names and contact information, then POSITIVELY NEUTRAL, LLC may remove all references to Expert from the web site and any other publication of POSITIVELY NEUTRAL, LLC, and Expert shall not be entitled to a refund of any sums paid to POSITIVELY NEUTRAL, LLC 10. In recognition of the issues of confidentiality that pertain to the rights and obligations of POSITIVELY NEUTRAL, LLC and Expert, the following procedures shall apply: a. POSITIVELY NEUTRAL, LLC shall not seek, and Expert shall not provide, the names of the parties in those matters as to which POSITIVELY NEUTRAL, LLC will seek to obtain evaluations of Expert's performance. b. POSITIVELY NEUTRAL, LLC shall not provide Expert with the name(s) of the attorney(s) who completed evaluations of Expert. c. POSITIVELY NEUTRAL, LLC shall not disclose or publish on its web site or elsewhere the name(s) of the attorney(s) who evaluated Expert. 11. The term of this Agreement shall expire one year following the date that POSITIVELY NEUTRAL, LLC delivers to Expert the survey results provided for under paragraph 5 of this Agreement. Following the expiration of this Agreement, and any renewal hereof, POSITIVELY NEUTRAL, LLC conduct shall have no further obligation to publish on its website the information referenced in paragraph 7 of this Agreement. 12. Expert agrees, acknowledges and represents that POSITIVELY NEUTRAL, LLCÕs obligations shall be limited solely to those obligations expressly undertaken pursuant to this Agreement, and that, under no circumstances, shall POSITIVELY NEUTRAL, LLC be held responsible or accountable for the publication of negative, defamatory or damaging information about Expert, so long as the publication is authorized by Expert as provided for herein. Damages recoverable by Expert in any action or arbitration between Expert and POSITIVELY NEUTRAL, LLC shall be limited to those sums Expert has paid to POSITIVELY NEUTRAL, LLC under this Agreement or any renewal hereof, and Expert shall not assert a claim or seek to recover (as compensatory, incidental, consequential, punitive, or other damages, or attorneys' fees) any sum in excess of the sums Expert has paid POSITIVELY NEUTRAL, LLC., including any claim that arises out of or relates to POSITIVELY NEUTRAL, LLC's obtaining, failure to obtain, publication or failure to publish the evaluations and/or information contained in the evaluations that are to be obtained pursuant to this agreement. 13. Expert and POSITIVELY NEUTRAL, LLC agree to mediate any dispute that may arise between them. If the parties are unable to agree upon a mediator or the terms of the mediation, the dispute shall be submitted to American Arbitration Association for mediation in accordance with its rules and procedures. If the mediation proves unsuccessful, the dispute shall be submitted to arbitration pursuant to the rules and procedures of the American Arbitration Association. The arbitration shall be held in the State of Connecticut, and any judicial action brought to confirm, vacate and/or modify the award shall be brought in the State of Connecticut.
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