The agreement for legal services is entered into by between CS and its affiliate. CS in Vietnam and the law firm of GDLSK, in connection with an appeal to the U.S Court of appeal for the federal circuit (CAFC) of decision by the U.S Court of International trade denying certain aspects of the Client’s challenge of the U.S department of Commerce final LTFV investigation determination in Wind Towers from Vietnam.Scope of service1. The client agrees to hire GDLSK as counsel in the CAFC Appeal, representing the client as appellant before CAFC2. The scope of the services includes preparation of all appearances, motions and briefs required in connection with the CAFC Appeal, and also includes all oral arguments or other hearings before the CAFC that may be required.Service fees1. The legal fees for the services described in Section 1 of this agreement, will be a flat fee of USD 50,000, plus expenses, subjects to provisions for bonus specified in Section 11.4 below.2. All fees and out-of-pocket expenses (including , but not limited to court filing fees, telecommunication charges, photocopying and travel related expenses) will be billed to the client on monthly basis, along with supporting details, with payment due upon receipt of the GDLSK’s invoices.3. The legal fees specified in paragraph 2.1 will be billed to the client in two installment: (a) the first installment of $30,000 is due upon filing of the notice of appeal, and (b) the second installment of 20,000 is due upon filing of the client’s first appellate brief. Confidential attorney communication; service agreement for the appeal to the CAFC of the US litigation covering the LT investigation on UT scale wind towers from Vietnam4. In the event the CAFC issues a final decision which results in de minimis dumping rate for the client and exclusion from the antidumping order on Vietnam. GDLSK will be entitled to a bonus of $100,000, to be paid following publication of a notice excluding the client from antidumping order.Miscellaneous provisions1. All payments by the client shall be wired to the following GD bank account:Name of bank: Signature BankAddress: 261 Madison Avenue, New York, NY 10016ABA Routing number: 0260-1357-6Swift Code Number: SIGNUS33 (for international client only)Account to credit: Account number:2. GDLSK will not disclose any confidential information or data obtained from the client during the course of this agreement without the express consent of client, except as required by law under a duty executed Administrative protective order of CAFC rules governing use of confidential information. 3. This agreement does not include representation in any CAFC appeal filed by the petitioners, challenging any aspect of the USCIT’s decision and also does not cover any subsequent proceeding before the USCIT that might be directed by the CAFC or the USCIT by reason of the CAFC decision on appeal. Fees for such further proceedings will be discussed by the parties in good faith if and when such further actions and work are required.4. This agreement does not relieve the client or its affiliates from responsibility for payment of legal fees or reduce the amount of fees owed with respect to GDLSK’s representation in other matters pending as of the date of this agreement, including, but not limited to the ongoing first administrative review of dumping order5. The parties agree that this English version of agreement shall have full force and effect and the terms thereof are fully understood and accepted by the parties.
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