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WARN Lawyers Agreement With Duties

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ATTORNEY REPRESENTATION AGREEMENT

It is hereby agreed that the firm of OUTTEN & GOLDEN LLP (hereinafter "ATTORNEYS"), shall represent the undersigned (hereinafter "CLIENT") for purposes of investigating whether to file an individual and/or class claim under the federal Worker Adjustment and Retraining Notification Act ("WARN Act") against

and or any related entity which may also be liable.

If ATTORNEYS and CLIENT agree to file a WARN Act class claim, the following provisions will apply:

1. ATTORNEYS shall undertake and use their best efforts to obtain certification of the class of which CLIENT is a member in the action to be filed by ATTORNEYS on behalf of CLIENT, and all other similarly situated employees.

2. ATTORNEYS shall seek appointment by the Court as class counsel, and agree to undertake the representation of all members of the class that may be certified by the Court.

3. If the action is certified as a class action, and if a monetary recovery or other relief is obtained for the plaintiff class, either by settlement or judgment, ATTORNEYS will apply to the Court for reimbursement of their costs and payment of their fees by defendant(s) in addition to, or from, such recovery or relief. The Court has authority and discretion to fix the fee at the level it determines to be reasonable. CLIENT will retain his or her right, as a class member, to approve, oppose, or comment upon any proposed settlement of all or part of the class action, and to approve, oppose, or comment upon any application for reimbursement of costs and award of attorneys' fees made therein by ATTORNEYS.

4. If the action is not certified as a class action, or if events occur that make the case no longer suitable in the view of the ATTORNEYS, ATTORNEYS may withdraw as counsel for CLIENT. If that happens, ATTORNEYS will assist CLIENT to find counsel acceptable to CLIENT to represent CLIENT on an individual basis.

5. If the action is not certified as a class action, and if ATTORNEYS continue to represent CLIENT on an individual basis, no settlement shall be made therein by ATTORNEYS without the authorization of CLIENT. If the action is not certified as a class action, ATTORNEYS will receive the greater of (a) one-third (33 1/3%) of the net settlement proceeds, if any, or forty percent (40%) of judgment proceeds, if any, or (b) the full amount of any court-awarded attorneys' fees. For these purposes, "net proceeds" means the gross pre-tax recovery (including any award of attorneys' fees and the value of any benefits received) less any unrecovered disbursements. The fee set forth in this Agreement is not set by law, but is negotiable between ATTORNEYS and CLIENT.

6. CLIENT understands that ATTORNEYS will advance all legal, investigative and trial costs (hereinafter "disbursements") necessary for prosecution of CLIENT'S claims at their sole expense (to the extent applicable law and ethics rules allow), and will not bill or charge CLIENT for any costs.

7. ATTORNEYS' compensation shall not exceed any limits imposed by law. The contingent percentage of recovery set forth in this agreement is not set by law, but is negotiable between ATTORNEYS and CLIENT prior to signing this agreement. ATTORNEYS maintain an errors and omissions insurance coverage applicable to services contracted to be provided under this agreement.

8. In the absence of a certified class, CLIENT understands that no settlement of CLIENT'S monetary claims will be made without CLIENT'S approval.

9. In no event shall ATTORNEYS be entitled to payment of attorneys' fees by CLIENT if ATTORNEYS' efforts do not ultimately result in monetary recovery by CLIENT.

10. ATTORNEYS reserve the right to withdraw from the representation if CLIENT does not fulfill the terms and conditions of this Agreement, or if there is a difference of opinion between CLIENT and ATTORNEYS on a significant issue. CLIENT retains the right to discharge ATTORNEYS from individual representation for any reason whatsoever, provided, however, that CLIENT understands that class counsel serves by order of the court. In the event that CLIENT discharges ATTORNEYS as CLIENT'S individual representative, ATTORNEYS will be entitled to seek reimbursement from CLIENT in quantum meruit for work actually performed by ATTORNEYS during the period of ATTORNEYS' representation of CLIENT. In such circumstances, ATTORNEYS shall have a lien for their compensation on CLIENT'S rights to recovery arising out of a wage collection claim.

11. CLIENT understands the effect of joint representation on ATTORNEY-CLIENT confidentiality. ATTORNEY-CLIENT communications are privileged and are protected against disclosure to a third party. Under this agreement, CLIENT understands that ATTORNEYS may represent and consents to ATTORNEYS representing multiple Plaintiffs. By entering into this agreement, CLIENT waives any right CLIENT may have to require that ATTORNEYS disclose to CLIENT any confidences ATTORNEYS have obtained from any other Plaintiff in connection with the subject matter of this agreement.

12. ATTORNEYS shall have the right to associate other attorneys at no additional expense to CLIENT.

13. CLIENT has read the attached summary of "Duties of Class Representative" and has discussed these with ATTORNEYS. CLIENT hereby agrees to serve as a Class Representative for the Plaintiff Class(es) of which CLIENT is a member in the litigation.

14. Until the conclusion of this matter, CLIENT must preserve and maintain all documents and electronic records or files in your possession or control that relate to your employment in any way. These electronic records include, but are not limited to documents in paper format as well as electronic information stored in work or personal home computers, laptops, PDAs, thumb drives, cell phones, external hard drives, CDs, DVDs, voicemail, video, social networking websites, online email accounts, blogs or other storage media.

Please fill in the fields with the required information and check the accept box

CLIENT QUESTIONNAIRE - COMPANY

Please provide us with the following information:

Please state whether to your knowledge everyone else at the facility where you worked also received written notice in the same manner that you did

Did you receive any documents from the bankruptcy court regarding Company?

Were you a member of a union while employed by the company?

Please attach a copy of any notice of your termination that you received. (By Mail)

Please attach a copy of all documents you received from the bankruptcy court regarding Company and immediately notify us in the future if you receive any documents from the court. (By Mail)

Please send any documents to:
Outten & Golden LLP, 685 Third Avenue, 25th Floor, New York, NY 10017 or Fax 646-509-2070

Duties of Class Representatives

1. A class representative represents the interests of all members of the class in litigation.

2. A class member has claims which are typical of those of the class, and thus involve common issues of law or of fact. As a class representative, your claims against the defendant are typical of the class claims against it, because each class member suffered damage or injuries as a result of a common practice or event.

3. A class representative always considers the interests of the class just as he/she would consider his/her own interests.

4. A class representative participates actively in the lawsuit, such as by testifying at deposition and trial, providing documents, answering written interrogatories, and by keeping generally aware of the status and progress of the lawsuit.

5. A class representative recognizes and accepts that any resolution of a class action lawsuit, such as by settlement or dismissal, is subject to court approval, and must be designed in the best interests of the class as a whole.

6. A class representative is not required to be particularly sophisticated or knowledgeable with respect to the legal framework of the lawsuit. However, he/she should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide his/her lawyers and the court with all relevant facts of which he/she is aware.

7. A class representative volunteers to represent many other people with similar claims and damages, because he/she believes that it is important that all benefit from the lawsuit equally, because he/she believes that a class lawsuit will save time, money, and effort, and thus will benefit all parties, and the court, and because he/she believes that the class action is an important tool to assure compliance with the law.

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