1. Parties and Term.. This Agreement becomes effective on the date it is digitally or manually signed by both the Client identified below (“Client”), and Macmoor Capital (“MMC”) and expires six months after final payout of the last Settlement payment in the case entitled In Re: SIDIBE, ET AL. V. SUTTER HEALTH (MDL No. 3:12-cv-4854-LB) USDC, Northern District of CA (the“Settlement”). This Agreement shall remain in full force and effect regardless of whether Client “opts out” of the Settlement or decides to sell this claim at any time prior to payment.
2. Scope of Limited Agency Relationship. Client irrevocably appoints MMC as Client’s exclusive recovery agent with full authority to prepare and submit to the court all of Client’s present and future claims related to the Settlement.
3.Duties MMC will make all reasonable efforts to manage and file complete and accurate claims on behalf of Client, using any and all information provided to MMC by Client, and to secure payment of Client’s share of the Settlement. Although the Client may file claims on its own behalf, it instead elected to engage MMC under the terms of this Agreement to file any and all claims for the Client in relation to this Settlement.
4. Client to Provide Information and Records Client shall cooperate with MMC to provide any and all available documentation or information that may be necessary to to complete the claims process.
5. Compensation In consideration of the performance of the duties set forth in this Agreement, Client shall pay MMC 33% of the amount paid out for the benefit of Client in connection with the Settlement or any similar claim (the “Fee”). MMC shall be entitled to retain its Fee from all sums received by MMC on behalf of Client.
6. Distribution of Recovery and Payment of Compensation All proceeds due to Client from the Settlement, if any,shall be paid directly to MMC by the class administrator. MMC will deposit all claim proceeds, if any, into its bank account, and disburse to the Client its recovery less the Fee, which will be retained by MMC. If Client receives any portion of the Settlement directly, Client will pay MMC the Fee within ten days of its receipt of the Settlement.
7. MMC Is Not Claimant’s Attorney and Is Not Practicing Law MMC is not a law firm and is not providing the Client with legal advice or legal representation. Client had a reasonable opportunity to consult with its own counsel prior to signing this Agreement. MMC is an independent claims management firm and is not affiliated with the Court or the Class Administrator.
8. Construction and Jurisdiction This Agreement shall be construed in accordance with the laws of the State of New York applicable to contracts wholly made and performed therein. Any dispute under or relating to this Agreement shall be resolved by arbitration before a single arbitrator, in New York, NY, under the rules of the American Arbitration Association. The arbitrator shall render a written decision and shall award the prevailing party its attorney’s fees and costs in each such proceeding.
9. Confidentiality The information about the Client provided to MMC pursuant to this Agreement is and shall remain the confidential and proprietary information of the Client. MMC will use such information solely for the purpose of filing claims on behalf of the Client in the Settlement, and not for any other purpose. Upon expiration of the Term and payment for services rendered, MMC will destroy any and all information about the Client except for one archival copy that it may keep for its records.
10. Multiple Entities and Locations (If Applicable) This Agreement shall cover the Client, all of its subsidiaries, affiliates, any related entities and all locations. If there are more than one entity associated with this claim, they will be listed in the schedule A, attached hereto and made a part thereof. Although the schedule A may not reflect a full and complete list of the Client’s subsidiaries, affiliates and/or related entities, it is intended to, therefore all entities bound by this agreement include, but are not limited to, those listed therein.