Message: E Digital Corp · 8-K · For 3/23/07 · EX-99.1
excerpt from attorney's fee agreement between e.Digital and DM
"In the event that the settlement of any litigation involves any cross-license of technology or the acquisition of any assets, the parties agree that Duane Morris shall be entitled to its contingent fee based on a good faith estimate of the overall value of the cross-license or acquisition of assets. "
also earlier in the same agreement it states:
"
Fees. Duane Morris will agree to handle e.Digital’s Patent Enforcement Matters on a contingent fee basis. In other words, our fee will depend upon whether or not we are able to recover any sums on e.Digital’s behalf, including but not limited to by way of settlements, judgments, licensing transactions, or the completion of any other transaction (the “Resolution”). We have advised you that our fees are normally based on the time spent and the regular hourly rates of each attorney and legal assistant performing services on e.Digital’s behalf regardless of the outcome. However, given the nature of e.Digital’s cases, you have chosen to accept our offer to handle the matter on a contingency fee basis and you have rejected hourly rate representation. Accordingly, our fees will be based upon any Resolution as follows:"
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