TERMS AND CONDITIONS
BY SUBMITTING THE FORM VIA WWW.BEEFCLAIM.COM AND CHECKING THE BOX “I/WE HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS,” YOU, ________ WITH A PRINCIPAL LOCATION AT Street, City, State, Zip, BOTH INDIVIDUALLY AND AS AN AUTHORIZED REPRESENTATIVE OF ________, THE ENTITY LISTED IN THE SUBMISSION (HEREINAFTER “CLIENT”), EXPLICITLY AGREE TO ENTER INTO THIS BINDING LEGAL AGREEMENT WITH BUDYONNY LAW GROUP (“BLG”), LOCATED AT 180 EAST PROSPECT AVENUE, SUITE 135, MAMARONECK, NEW YORK, 10543.
AS USED IN THIS AGREEMENT, “THE MATTER” SHALL STRICTLY REFER TO THE FOLLOWING ACTION AND ANY UNDERLYING OR RELATED SETTLEMENTS: IN RE CATTLE AND BEEF ANTITRUST LITIGATION, ET AL. (IN RE DPP BEEF LITIGATION), CASE NO. 20-CV-01319 JRT-HB (D. MINN).
CLIENT IS NOT AN OFFICER, DIRECTOR, OR EMPLOYEE OF ANY DEFENDANT; CLIENT IS NOT ANY ENTITY IN WHICH ANY DEFENDANT HAS A CONTROLLING INTEREST; AN AFFILIATE, LEGAL REPRESENTATIVE, HEIR, OR ASSIGNEE OF ANY DEFENDANT; OR A FEDERAL, STATE, OR LOCAL GOVERNMENTAL ENTITY. CLIENT VERIFIES, WARRANTS, AND AGREES TO THE FOLLOWING TERMS:
1. DOCUMENTATION AND SUPPORT
CLIENT POSSESSES PROPER DOCUMENTATION TO SUPPORT THE CLAIM AND AGREES TO PROVIDE ADDITIONAL INFORMATION OR DOCUMENTATION TO SUPPORT THE CLAIM IF REQUESTED BY BLG OR THE CLAIMS ADMINISTRATOR. CLIENT ACKNOWLEDGES THAT A FAILURE TO PROVIDE REQUESTED INFORMATION OR DOCUMENTATION IN A TIMELY MANNER MIGHT ADVERSELY AFFECT, OR RESULT IN THE COMPLETE DENIAL OF, THE CLAIM.
2. NO PRIOR ASSIGNMENT OR COMPETING CLAIMS
CLIENT WARRANTS THAT IT HAS NOT ASSIGNED, TRANSFERRED, OR PURPORTED TO ASSIGN OR TRANSFER TO ANY OTHER PERSON OR ENTITY THE CLAIMS OR PURCHASES UNDERLYING THIS MATTER. CLIENT FURTHER WARRANTS THAT IT HAS NOT REQUESTED TO BE EXCLUDED FROM THE SETTLEMENT, HAS NOT SETTLED THESE SPECIFIC CLAIMS INDEPENDENTLY, HAS NOT SUBMITTED ANY OTHER CLAIM FOR THE SAME PURCHASES OF RELEVANT PRODUCTS, HAS NOT AUTHORIZED ANY OTHER PERSON OR ENTITY TO DO SO, AND KNOWS OF NO OTHER PERSON OR ENTITY HAVING DONE SO ON CLIENT’S BEHALF.
3. ACCURACY OF INFORMATION
ALL INFORMATION AND DOCUMENTATION PROVIDED BY CLIENT TO BLG IS ACCURATE, TRUE, AND COMPLETE TO THE BEST OF CLIENT’S KNOWLEDGE, INFORMATION, AND BELIEF.
4. CLASS MEMBER STATUS AND JURISDICTION
CLIENT AGREES TO SUBMIT TO THE JURISDICTION OF EACH U.S. DISTRICT COURT WHERE THE ACTIONS RELEVANT TO THIS SETTLEMENT ARE PENDING. CLIENT REPRESENTS AND WARRANTS THAT IT IS NEITHER A NAMED DEFENDANT, NOR A PARENT, EMPLOYEE, SUBSIDIARY, AFFILIATE, OR CO-CONSPIRATOR OF ANY DEFENDANT IN THE UNDERLYING LITIGATION.
5. ACKNOWLEDGEMENT OF OPTIONS AND SELECTION OF COUNSEL
CLIENT ACKNOWLEDGES THAT IT HAS CONSIDERED ALL AVAILABLE OPTIONS REGARDING THIS MATTER, INCLUDING THE OPTION TO OBJECT TO THE SETTLEMENT, THE OPTION TO OPT-OUT OR REQUEST EXCLUSION, AND THE OPTION TO FILE A CLAIM AT NO COST DIRECTLY WITH THE COURT-APPOINTED CLAIMS ADMINISTRATOR VIA THE OFFICIAL SETTLEMENT WEBSITE HTTPS://WWW.BEEFDIRECTPURCHASERSETTLEMENT.COM. CLIENT FURTHER ACKNOWLEDGES THAT IT HAS CONSULTED WITH, OR HAD THE FULL OPPORTUNITY TO CONSULT WITH, INDEPENDENT PROFESSIONAL ADVISORS—SUCH AS ATTORNEYS, TAX PROFESSIONALS, OR SPECIALIZED CONSULTANTS—AND HAS INSTEAD CHOSEN TO RELY ON ITS OWN JUDGMENT. CLIENT FREELY, VOLUNTARILY, AND EXCLUSIVELY CHOOSES TO BE REPRESENTED BY BLG IN THIS MATTER FOR A PERCENTAGE-BASED CONTINGENCY FEE TO BE DEDUCTED FROM ANY PROCEEDS COLLECTED ON CLIENT’S BEHALF.
6. EXCLUSIVITY, PARTIAL ASSIGNMENT, AND LIQUIDATED DAMAGES
BLG IS DESIGNATED AS CLIENT’S EXCLUSIVE REPRESENTATIVE IN THIS MATTER. EXCLUSIVITY OF REPRESENTATION MEANS THAT ANY OTHER CLAIMS SUBMITTED BY CLIENT, OR BY ANY THIRD PARTY ON CLIENT’S BEHALF, AT ANY TIME REGARDING THIS OR A SUBSTANTIALLY SIMILAR MATTER SHALL BE DEEMED UNAUTHORIZED AND INVALID BY CLIENT.
TO PROTECT BLG’S INVESTMENT OF TIME AND RESOURCES, CLIENT HEREBY ASSIGNS AND TRANSFERS TO BLG AN UNDIVIDED 33% INTEREST IN THE UNDERLYING CLAIM AND ANY RESULTING PROCEEDS IMMEDIATELY UPON EXECUTION OF THIS AGREEMENT. IF A CONFLICTING CLAIM IS FILED BY CLIENT OR ANY THIRD PARTY ON CLIENT’S BEHALF, OR IF BLG IS PROHIBITED OR REMOVED FROM REPRESENTING CLIENT BY CLIENT, THE CLAIMS ADMINISTRATOR, CLASS COUNSEL, A SPECIAL MASTER, OR ANY OTHER ENTITY FOR ANY REASON WHATSOEVER (OTHER THAN A DIRECT COURT ORDER DIRECTING BLG TO CEASE REPRESENTATION DUE TO NO FAULT OF BLG), CLIENT SHALL BE STRICTLY LIABLE TO BLG FOR LIQUIDATED DAMAGES. BECAUSE BLG’S ACTUAL DAMAGES WOULD BE DIFFICULT TO CALCULATE PRECISELY, CLIENT AGREES THAT LIQUIDATED DAMAGES SHALL EQUAL THE FULL 33% CONTINGENCY FEE BLG WOULD HAVE EARNED ON THE GROSS POTENTIAL RECOVERY HAD IT NOT BEEN REMOVED, PLUS AN ADMINISTRATIVE FEE OF 15% OF THE TOTAL POTENTIAL RECOVERY, ALONGSIDE ALL ATTORNEYS’ FEES, COLLECTION COSTS, AND EXPENSES INCURRED BY BLG AS A RESULT OF THE REMOVAL OR CONFLICT.
7. COLLECTION, TRUST ACCOUNTING, AND CHARGING LIEN
CLIENT HEREBY GRANTS BLG AN EXPRESS, IRREVOCABLE ATTORNEY’S CHARGING LIEN UNDER NEW YORK LAW AGAINST ANY AND ALL GROSS FUNDS, SETTLEMENTS, RECOVERIES, OR JUDGMENTS RESULTING FROM THIS MATTER. BLG SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT TO COLLECT ALL SETTLEMENT PAYMENTS ON CLIENT’S BEHALF. CLIENT EXPLICITLY AND IRREVOCABLY INSTRUCTS THE COURT-APPOINTED CLAIMS ADMINISTRATOR OR SETTLEMENT DISTRIBUTOR TO ISSUE ALL CHECKS, ELECTRONIC DEPOSITS, AND DISBURSEMENTS PAYABLE SOLELY TO THE ORDER OF “BUDYONNY LAW GROUP ON BEHALF OF CLIENT.”
UPON RECEIPT OF FUNDS, BLG SHALL BE RESPONSIBLE FOR DISTRIBUTING THE PAYMENTS TO CLIENT AFTER DEDUCTING ITS EARNED CONTINGENCY FEES AND ANY APPLICABLE LEGAL REQUIREMENTS. IF THE NET SETTLEMENT PAYMENT DUE TO CLIENT IS LESS THAN TEN DOLLARS ($15), BLG RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO WITHHOLD DISTRIBUTION AND RETURN THE FUNDS TO THE SETTLEMENT ADMINISTRATOR, PARTICULARLY IF THE ADMINISTRATIVE COSTS ASSOCIATED WITH MAILING, PROCESSING, AND DISTRIBUTION EXCEED THE TOTAL RECOVERED AMOUNT.
8. CONTINGENCY FEE COMPENSATION
FOR PROFESSIONAL SERVICES RENDERED AND TO BE RENDERED, BLG SHALL BE COMPENSATED BY A FLAT CONTINGENCY FEE OF THIRTY-THREE PERCENT (33%) TO BE DEDUCTED FROM ANY GROSS PROCEEDS, RECOVERIES, OR SETTLEMENTS RECEIVED IN THIS MATTER. SHOULD CLIENT’S CLAIM BE DENIED IN ITS ENTIRETY FOR ANY REASON, BLG SHALL NOT BE ENTITLED TO RECOVER ANY FEES FROM CLIENT. THIS FLAT CONTINGENCY FEE COVERS ALL TIME SPENT BY BLG ON PREPARING THE CLAIM, EXAMINING EVIDENCE, MANAGING CORRESPONDENCE (BETWEEN THE FIRM, THE CLERK OF COURT, THE COURT, THE CLAIMS ADMINISTRATOR, CLASS COUNSEL, AND CLIENT), AND PERFORMING ANY OTHER LEGAL OR ADMINISTRATIVE TASK REQUIRING BLG’S EXPERTISE IN PURSUIT OF THIS MATTER. INTERNAL ADMINISTRATIVE DISBURSEMENTS AND EXPENSES—INCLUDING ROUTINE FILING FEES, TRAVEL, TOLL CALLS, PHOTOCOPIES, AND POSTAGE—ARE INCLUDED WITHIN THE FLAT 33% CONTINGENCY FEE.
9. IRREVOCABLE LIMITED POWER OF ATTORNEY COUPLED WITH AN INTEREST
CLIENT HEREBY GRANTS TO BLG A LIMITED POWER OF ATTORNEY, WHICH IS EXPLICITLY DECLARED TO BE IRREVOCABLE AND COUPLED WITH AN INTEREST IN THE UNDERLYING CLAIM. UNDER THIS POWER, CLIENT AUTHORIZES BLG TO REQUEST, RECEIVE, AND VERIFY THE TAX IDENTIFICATION NUMBER, CLAIMANT ID, AND CONTROL NUMBER FOR CLIENT. BLG IS FULLY AUTHORIZED TO EXECUTE AND SUBMIT CLAIM FORMS ON CLIENT’S BEHALF, SIGN RELATED LEGAL OR ADMINISTRATIVE DOCUMENTS ON CLIENT’S BEHALF, SEND AND RECEIVE FORMAL CORRESPONDENCE ON CLIENT’S BEHALF, AND RECEIVE, HOLD, AND DISTRIBUTE SETTLEMENT FUNDS VIA BLG’S ATTORNEY BANK ACCOUNT. CLIENT ACKNOWLEDGES THAT IT HAS RECEIVED FORMAL NOTICE DETAILING THE SETTLEMENT, IS FULLY AWARE OF ITS LEGAL RIGHTS, AND IS NOT REPRESENTED BY ANY OTHER INTERMEDIARY OR AGENT IN THIS MATTER.
10. CLIENT’S OBLIGATION TO MAINTAIN CONTACT AND INFORM
CLIENT IS UNDER A STRICT, ONGOING OBLIGATION TO KEEP BLG INFORMED OF ANY AND ALL DEVELOPMENTS WHICH MAY AFFECT THIS REPRESENTATION. THIS INCLUDES AN OBLIGATION TO PROMPTLY FORWARD ALL NOTICES, CORRESPONDENCES, PAPERS, OR INFORMATION REGARDING PAYMENTS TO BLG WITHIN FORTY-EIGHT (48) HOURS OF RECEIPT. ALL COMMUNICATIONS MUST BE SENT TO CONTACT@BEEFCLAIM.COM OR TRANSMITTED VIA FACSIMILE TO (914) 269-2005.
11. TAX CERTIFICATION
CLIENT CERTIFIES UNDER PENALTY OF PERJURY THAT THE ENTITY OR INDIVIDUAL SIGNING THIS AGREEMENT IS NOT SUBJECT TO BACKUP WITHHOLDING UNDER THE PROVISIONS OF SECTION 3406(A)(1)(C) OF THE INTERNAL REVENUE CODE.
12. RISKS OF LITIGATION AND NO GUARANTEES
CLIENT ACKNOWLEDGES THAT IT HAS BEEN ADVISED OF THE INHERENT RISKS OF LITIGATION AND THE CLASS ACTION SETTLEMENT PROCESS, WHICH INCLUDE THE PERMANENT FORFEITURE OF RIGHTS TO INDEPENDENTLY SUE ANY OF THE DEFENDANTS NAMED IN THIS OR SIMILAR LITIGATION. CLIENT UNDERSTANDS THAT DESPITE BLG’S PROFESSIONAL EFFORTS, BLG CANNOT GUARANTEE, AND HAS MADE NO REPRESENTATION OR WARRANTY REGARDING, A SUCCESSFUL CONCLUSION, SPECIFIC TIMELINE, OR SUCCESSFUL FINANCIAL OUTCOME TO CLIENT’S CLAIM.
13. COMPREHENSIVE INDEMNIFICATION
CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BLG, ITS OWNERS, PRINCIPAL ATTORNEYS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND SUBCONTRACTORS FROM AND AGAINST ANY AND ALL THIRD-PARTY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) WHICH ARISE OUT OF, RELATE TO, OR RESULT FROM ANY ACT, ERROR, OR OMISSION OF THE CLAIMS ADMINISTRATOR, CLASS COUNSEL, CLIENT, ANY COMPETING THIRD-PARTY SETTLEMENT RECOVERY COMPANY, OR ANY OTHER PARTY.
14. RIGHT TO CEASE ACTION
BLG RESERVES THE RIGHT, AT ITS SOLE AND ABSOLUTE DISCRETION, TO TAKE NO ACTION WITH RESPECT TO CLIENT’S CLAIM, OR TO WITHDRAW FROM REPRESENTATION ENTIRELY, IF BLG SUSPECTS FRAUD, MISREPRESENTATION, OR IF THE DOCUMENTATION AND DATA PROVIDED BY CLIENT IS INCOMPLETE, INACCURATE, MISLEADING, OR OTHERWISE IRREGULAR.
15. CONFIDENTIALITY
FOR PURPOSES OF THIS AGREEMENT, “CONFIDENTIAL INFORMATION” MEANS ALL NON-PUBLIC, PROPRIETARY, OR SENSITIVE INFORMATION, IN ANY FORM OR MEDIUM, WHETHER TANGIBLE OR INTANGIBLE, DISCLOSED BY BLG TO CLIENT. THIS INCLUDES, BUT IS NOT LIMITED TO, BUSINESS PLANS, FINANCIAL DATA, TRADE SECRETS, LEGAL STRATEGY, PRICING STRUCTURES, MARKETING STRATEGIES, SOFTWARE, TECHNOLOGY, AND ANY OTHER INFORMATION THAT A REASONABLE PERSON WOULD UNDERSTAND TO BE CONFIDENTIAL. BLG SHALL BE ENTITLED TO SEEK IMMEDIATE INJUNCTIVE RELIEF, EQUITABLE REMEDIES, AND MONETARY DAMAGES IN THE EVENT OF A BREACH OR THREATENED BREACH OF THIS PROVISION. CLIENT ACKNOWLEDGES THAT UNAUTHORIZED USE OR DISCLOSURE WILL RESULT IN IRREPARABLE HARM FOR WHICH MONETARY DAMAGES ALONE ARE INSUFFICIENT.
16. GOVERNING LAW, JURISDICTION, AND VENUE
THIS AGREEMENT, THE RELATIONSHIP BETWEEN THE PARTIES, AND ANY DISPUTES ARISING OUT OF OR RELATING TO THIS REPRESENTATION SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED EXCLUSIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. ANY LEGAL ACTION, SUIT, PROCEEDING, OR DISPUTE ARISING OUT OF THIS AGREEMENT MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION LOCATED WITHIN WESTCHESTER COUNTY, NEW YORK, AND CLIENT EXPLICITLY CONSENTS TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS.
17. PREVAILING PARTY ATTORNEYS’ FEES
IN THE EVENT THAT ANY ACTION, SUIT, OR LEGAL PROCEEDING IS INITIATED BY EITHER PARTY TO ENFORCE, INTERPRET, OR COLLECT FEES UNDER THIS AGREEMENT (INCLUDING DISPUTES REGARDING COMPETING THIRD-PARTY CLAIMS OR A BREACH OF EXCLUSIVITY BY CLIENT), THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE NON-PREVAILING PARTY ALL REASONABLE ATTORNEYS’ FEES, COURT COSTS, INVESTIGATIVE EXPENSES, AND APPELLATE COSTS INCURRED.
18. SEVERABILITY AND ENTIRE AGREEMENT
IF ANY PROVISION, PARAGRAPH, OR CLAUSE OF THIS AGREEMENT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, SUCH FINDING SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN CLIENT AND BLG REGARDING THIS MATTER AND SUPERSEDES ALL PRIOR DISCUSSIONS, REPRESENTATIONS, OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL.
19. ELECTRONIC SIGNATURE AGREEMENT
CLIENT UNDERSTANDS AND AGREES THAT SIGNING THIS DOCUMENT ELECTRONICALLY BY TYPING ITS AUTHORIZED REPRESENTATIVE’S NAME IN THE DESIGNATED SPACE CARRIES THE EXACT SAME LEGAL EFFECT, VALIDITY, AND ENFORCEABILITY AS A HANDWRITTEN SIGNATURE EXECUTED IN INK ON A PHYSICAL PAPER DOCUMENT.
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