FORENSIC TAPE ANALYSIS, INC.

Letter of Agreement  

Thank you for choosing Forensic Tape Analysis, Inc. (“FTA”) as your expert and consultant.  We are confident you will find our work and professionalism among the best and highest available anywhere in the world.  As part of our professional obligation to you, this letter will outline our business relationship in detail, and will constitute our retainer agreement.

The nature of our work frequently requires us to handle matters on an expedited and time-intensive basis.  For this reason, we need a retainer in advance of performing any services.  If you pay by certified check, we can begin to service your needs immediately, otherwise, five business days advance payment is required in all instances.  Retainers are based upon an estimate of the time to accomplish what you have asked us to do and the fee schedule enclosed with this letter, which is included as part of this agreement.  All of our charges are based upon these hourly rates, plus expenses, and will be billed to you periodically, with a credit shown for any retainer previously paid.  Our expenses are estimated and billed at cost and typically include airfare, hotel, car rental, copying and other typical clerical expenses and fees for obtaining records.  If the services of other experts are required for us to complete our work, their fees and expenses are your responsibility.  All invoices are due and payable no later than thirty (30) days from invoice date.  FTA reserves the right to stop work for any client who is not current.  An invoice for our initial retainer, a copy of our rate sheet and a description of the work we expect to perform are included with this letter.  Please examine the invoice carefully and contact us immediately if you have any questions or comments.  We will begin work within five (5) business days of receiving a signed copy of this letter agreement and your retainer, or immediately if the signed letter is accompanied by certified funds.

Most of our engagements involve an initial analysis, followed by a request for additional services, usually in the form of further investigation/analysis or testimony.  All additional work is subject to the terms and conditions of this letter and you will receive an invoice and description of the additional services to be performed immediately after they are requested.

Testimony at depositions and trial requires preparation and frequently involves additional out of pocket expenses to FTA.  By execution of this letter you agree to pay all retainer invoices for extra service (including testimony) in advance.  Please do not expect FTA employees to travel, prepare or appear as a witness if you have not complied with your financial obligations as outlined here.

FTA is working for you as your expert and consultant.  The obligations which you undertake by signing this letter agreement are joint and several obligations of your firm and the client or principal you may represent and either is authorized to request work under this agreement binding the other to payment obligations provided for in this agreement.  If you are uncomfortable with this arrangement, please advise us immediately and we will consider signing an agreement directly with your client or principal, provided, however, that a larger retainer may be required.  The signing of this letter indicates you agree and are bound by the agreement.

All our work will be subject to binding arbitration in accordance with the Commercial Rules of the American Arbitration Association.  All arbitration proceedings will be held in Walworth County Wisconsin.  The award of the arbitrator(s) shall be final and binding upon the parties and may be entered as a judgment in any state or federal court.  The cost of arbitration and suit, including but not limited to reasonable attorney fees, shall be awarded against the non-prevailing party.  You agree to stipulate and submit to the jurisdiction of these courts for purposes of enforcing this paragraph.  This agreement shall be interpreted under the laws of the state of Wisconsin.

FTA’s work is done in accordance with applicable professional standards, but is only as good as the information we are given by you or which we can obtain from other sources.  It is imperative that you disclose to us all information or sources which may be relevant to our work and do so in a timely fashion.  If you have any doubt regarding the importance of a document or certain information, calls us.  In order to maintain our high professional standards and reputation, we base our conclusions and opinions solely upon the information and documentation given us and not on any desired or expected result.

Some of our clients are represented by public defender programs and are to subject fee and expense restrictions imposed by federal or state law.  In certain such cases,

we are happy to serve you at the restructured rates, but will do so only by separate written agreement.  We expect you to disclose any such restriction to us in writing, in advance and as a condition of FTA being bound by this agreement.  If FTA agrees to the limited rates, you agree to diligently and timely apply for and pursue approval of our charges.  Absent a separate written agreement and your diligent and timely application for approval, the rates for our services are those contained in this Letter of Agreement.

To the extent not prohibited by law, the undersigned expressly waives notice of the acceptance of this guaranty and all diligence of collection and presentment, demand, notice and protest.  This is a continuing guaranty, and shall remain in full force and effect until Applied Forensic Technologies Intl., Inc., receives full and complete payment for its services rendered and costs and expenses incurred in the above matter.  This guaranty benefits Applied Forensic Technologies Intl., Inc., its successors and assigns, and binds the undersigned, their respective heirs, personal representatives, successors, and assigns.

Sincerely,

Steve Cain
President

I hereby represent that I have authority to enter into this letter agreement, which includes the attached fee schedule and initial invoice, as well as subsequent invoices, on behalf of my firm.  I acknowledge this letter agreement constitutes a binding contract with FTA.

  Approved and accepted by: 

           Signature:____________________________________  

           Title/Capacity: ________________________________ 

            Company: ____________________________________ 

            Address: _____________________________________ 

                           _____________________________________

             Phone:_________________ Fax:__________________                                    

I hereby represent that I have authority to enter into this letter agreement, which includes the attached fee schedule and initial invoice, as well as subsequent invoices.  I acknowledge this letter agreement constitutes a binding contract with FTA.  

            Client Signature:_____________________________________

                         Address:_____________________________________

                                       ______________________________________

                         Phone: _________________ Fax: _________________

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1-877-292-7514