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  • Client Sign-Up

    The undersigned individual authorizes and, subject to the agreement and execution of the accompanying retainer agreement (incorporated herein by reference) by Harwood Feffer LLP ("Harwood Feffer"), seeks to retain Harwood Feffer with respect to claims against Kinross Gold Corp. .
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    PROPOSED RETAINER AGREEMENT

    This confirms you wish to retain Harwood Feffer LLP ("Harwood Feffer") to serve as your counsel to investigate and pursue legal action to recover loss and to seek other relief relating to claims involving Kinross Gold Corp. . Please be advised, by executing this Agreement, you have not established an Attorney-Client relationship with Harwood Feffer and Harwood Feffer has no duty or obligation to take your case or represent you in any capacity. Please refer to statements of Client's Rights and Responsibilities available on the Harwood Feffer website at www.hfesq.com.

    1. Client's Role

    You agree to fully cooperate with any attorney, paralegal, clerk, or other member of the staff of Harwood Feffer in the administration of this case and agree to provide Harwood Feffer with complete and accurate information with respect to all matters relating to this case. You further agree to keep Harwood Feffer informed of your whereabouts and any changes in contact information and agree not to discuss this matter with the media or individuals outside Client's immediate family without prior approval of Harwood Feffer.

    You understand that you have a duty to maintain any documentation and materials relevant to this matter, stay informed of case developments, cooperate with Harwood Feffer and the attorneys representing you by providing any and all relevant documentation and information in your control and/or possession, and to provide testimony, if so required, at a deposition and at trial. Your counsel will provide you with copies of correspondence and legal documents relating to your case, and will keep you apprised of its status at regular intervals or as situations otherwise warrant.

    If this matter involves class-based claims, you understand that you are acting in both an individual capacity and as a class representative on behalf of a class of similarly situated individuals and/or entities. If you are asked to be class representative, you understand that you are assuming a responsibility to each and every member of the class and to represent their interests fairly and adequately. To that end, you agree not to put your own interests ahead of other members of the class or act to the disadvantage of other class members.

    Finally, you understand that if the matter is successfully litigated or settled as a class action, Harwood Feffer and/or other attorneys representing the class may seek an order from the court authorizing that a special payment be made to you for your time spent as class representative if so permitted by law. However, you understand that any such payment is not guaranteed, is subject to court approval, and will not be paid by Harwood Feffer or any other attorney representing the class.

    2. Representation of Multiple Clients

    You agree that Harwood Feffer may represent one or more additional clients who have claims similar or related to those covered by this Agreement.

    3. Association of Other Attorneys

    You understand that Harwood Feffer may, at its sole discretion, associate any other attorney(s) in the prosecution of this case.

    4. Retention of Experts and Consultants

    You understand that Harwood Feffer may, at its sole discretion, retain any experts, investigators, consultants, or advisors whose services are deemed necessary for the evaluation or prosecution of any of the claims within the scope of the action. The fees associated with any such retention shall constitute "costs" as that term is described herein.

    5. Attorneys' Fees and Costs

    All attorneys' fees in this matter are contingent. Subject to paragraph 8, below, you will not be responsible for advancing any costs, nor be responsible to pay any expenses or fees in connection with this matter. Harwood Feffer and any other attorneys representing you and/or the class will advance all costs and expenses. Subject to paragraph 8, below, in the event the lawsuit is not successful, neither you nor any member of a class, individually or collectively, will have any obligation of any nature to reimburse any costs or fees. Costs and expenses typically include items such as telephone, copying and mailing charges, as well as more substantial items, such as the cost of travel, deposition and trial transcripts, and expert witness and consultant fees.

    A. For Individual Claims

    If there is a monetary recovery for any claim prosecuted under this Agreement, whether by settlement, arbitration award or court judgment, Harwood Feffer shall be entitled to the greater of: (a) one-third of any settlement or recovery obtained; or (b) any attorneys' fees recovered that are the product of arms-length negotiations with the defendant(s) in this matter. In addition, Harwood Feffer shall be entitled to litigation expenses they have advanced. The legal fee will be deemed earned in full upon the issuance of a final order of a court or agency of competent jurisdiction, arbitrator, or upon execution by all parties of a settlement agreement. Payment of the fee shall be deferred until recovery is effectuated

    B. For Class Claims

    Attorneys' fees for class claims typically fall within a range of 20-30% of the net recovery after reimbursement of litigation expenses (including notice costs, if any). In the event of a class recovery, Harwood Feffer and any other attorneys representing the class will make an application to the court for an award of fees and reimbursement of litigation expenses and shall take only such fees and expenses as are awarded by the court.

    6. Confidentiality and Attorney Work Product

    You understand that all communications with Harwood Feffer and other attorneys representing you (and the class) are subject to one or more privileges, including the attorney-client privilege. You agree to make every attempt not to do anything that would be deemed a waiver of that privilege (e.g., sharing communications between us --oral or written-- with anyone). Any original documents you provide will be returned to you upon request. All copies, files, and papers compiled in connection with our investigation and prosecution of this matter constitute the work product and property of Harwood Feffer and of the other firms with which we may work on this matter. Harwood Feffer retains complete control over such papers and files.

    7. Attorneys' Obligation to the Class

    If this matter involves class claims, you understand that Harwood Feffer has a fiduciary obligation to prosecute this case in a manner that is fair, equitable and in the best interests of the class. With your input, Harwood Feffer shall determine when any offer of compromise is reasonable and shall, subject to court approval, have the right to settle class claims on such terms as are deemed fair, equitable and in the best interests of the class.

    8. Termination of Representation

    Either party may terminate representation upon thirty (30) days written notice, but only as set forth below:

    A. Termination by Harwood Feffer

    (i)
    As certain facts and future changes in law are unknown as of the date of this Agreement, Harwood Feffer may terminate the representation if, in its sole and unfettered judgment, the chances of success do not justify further prosecution of this matter and continuing representation would result in an unreasonable financial risk and burden. In the event of termination by Harwood Feffer under this provision, the you agree that Harwood Feffer shall retain the right to recover litigation expenses and fifty percent (50%) of its lodestar (i.e., its reasonably expected billable hours multiplied by a reasonable hourly rate) out of any monetary recovery you ultimately obtain for any claim previously prosecuted by Harwood Feffer under this Agreement;
    (ii)
    Harwood Feffer may terminate representation if you fail to abide by the obligations set forth in this Agreement. In the case of termination by Harwood Feffer under this provision, you agree that Harwood Feffer shall retain the right to recover litigation expenses and one hundred percent (100%) of its lodestar out of any monetary recovery ultimately obtained for any claim previously prosecuted by Harwood Feffer under this Agreement;
    (iii)
    In the event of termination of representation by Harwood Feffer under either provisions (i) or (ii), you will not be responsible for payment of fees and expenses that exceed your ultimate monetary recovery.

    B. Termination by the Client

    If you terminate the representation, and subsequently retain new counsel to pursue the matters covered by this Agreement, you or the new counsel shall reimburse Harwood Feffer within thirty (30) days for all litigation expenses advanced or committed by Harwood Feffer to date for claims prosecuted under this Agreement. You further agree that if Harwood Feffer's representation is terminated pursuant to this provision, Harwood Feffer shall be entitled to recovery any unpaid litigation expenses and one hundred percent (100%) of its lodestar out of any monetary recovery ultimately obtained for any claim previously prosecuted by Harwood Feffer under this Agreement.

    C. Termination Upon Resolution

    This Agreement will automatically terminate upon final resolution or legal disposition of the matter, whether by settlement, arbitration award or court judgment, and payment of all outstanding attorneys' fees and expenses, as provided for herein.

    9. No Guarantee of Success

    You understand that Harwood Feffer has made no guarantees regarding the outcome of any case and that all expressions relative to the outcome of the case are only the attorneys' opinions.

    10. Appeals

    You understand this Agreement creates no obligation by either party concerning any appeal of this matter.

    11. Tax Treatment and Tax Advice

    You understand that if you receive any amount of money as a result of the matters pursued by Harwood Feffer under this Agreement, it is likely some or all of that money will be taxable. You understand that certain tax withholdings may be required prior to your receipt of any recovery in this matter. Furthermore, you understand that more tax may be owed than has been withheld or that you may be eligible for a refund. You understand that Harwood Feffer is not a tax advisor and cannot provide tax advice on any of these matters. You will consult with a tax advisor for answers to any questions you may have about the tax implications of any amount you may receive as an award, judgment or in settlement in exchange for a release of any of the claims brought in connection with this Agreement.

    12. Other

    Any actions arising out of this Agreement shall be governed by the laws of New York. This Agreement sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. Any modifications or amendments to this Agreement must be in writing and signed by both parties. This agreement shall be effective upon the acceptance and signature of Harwood Feffer below.

    Date:__________   Harwood Feffer LLP________________________________

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HARWOOD FEFFER LLP
488 Madison Avenue, 8th Floor
New York, New York 10022
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