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CONSULTANT EMPLOYMENT AGREEMENT

I ________, (hereinafter the client) hereby agree to engage the services of KENNETH R. PANGBORN (hereinafter the contractor) to act in the capacity of Trial Consultant. I understand that I am engaging the services of KENNETH PANGBORN for research and consultation with my Attorney _____ in the matter of ____.

In consideration for the above services I hereby agree to pay to KENNETH R. PANGBORN the sum of $ _____ as a retainer fee with this agreement which I understand is a non-refundable fee. In addition I agree to pay KENNETH R. PANGBORN at the rate of $275.00 per hour for his in-office work including time on the telephone discussing the matter with me or others on my behalf, and at the rate of $2,750.00 per day plus expenses for any out-of-office work. Expenses defined as all travel expenses, reasonable motel and meals as well as any expenses directly related to the case, such as blank videotape, photocopies etc. I further agree to keep the retainer fund replenished as used until such time as it is mutually agreed that the balance is likely to cover all remaining fees in the case. That time will be billed against the retainer according to the schedule above. To wit, $275.00 per hour for that work which is performed in the contractor's office other than testing, and $2,750.00 per diem plus expenses for that which is outside the local area and for scheduled testing. I understand that $3,500.00 of retainer fee above is for the initial review of documents and opening a case file for my litigation. That I further agree to make all payment prior to any trip scheduled in this matter.

FEES FOR TESTING: The first day of testing services shall be $3,500.00 each subsequent day at $2,750.00. Any fraction of a day for testing shall be billed as a full day except in cases of retesting where fees can be negotiated.

MISSED AND LATE APPOINTMENTS: When an appointment is made billing starts at the appointed time. If you miss the appointment it will be billed for the time scheduled. If the client arrives late, billing commences at the scheduled time for the appointment. When the client is one hour or more late the appointment can be considered to have been missed.

I further understand and agree that when additional fees are billed, they become immediately due when a statement is provided by e-mail, and that when such billing is not paid or agreement made for payment within seven days, all efforts on my behalf shall be terminated and any remaining balance considered earned. I further understand and agree that all payments made to the Consultant pursuant to this agreement shall be made in the form of bank wire transfer, official bank check, or Money Order, or by Credit Card in person only. I understand and agree that any and all payments made by me to KENNETH R. PANGBORN are not refundable unless the cancellation is received prior to 7 business days before scheduled work or trips and must be made in writing.

CONFIDENTIALITY: The Consultant hereby acknowledges the client’s right to confidentiality of any information obtained by the consultant during the provision of his services unless specifically waived in writing or orally by the client under the privacy provisions of HIPAA. Public law 104-191. Sec 264. No information will be disclosed except with the client’s permission.

I understand that I have the right to terminate this agreement and the employment of KENNETH R. PANGBORN at any time on 7 days notice without cause.

I have read and understood each and every provision of the foregoing and agree to each and every provision thereof, and by my signature below accept the provisions as written. I make this agreement voluntarily and state that to the best of my knowledge there is no impediment to my making this agreement, that I am an adult and mentally competent to enter into such an agreement.

DATED: ________________ Subscribed and sworn to before me a Notary Public in the State of ___________, this ____ day of ________, 2007
CLIENT: ___________________ Notary Public. My Commission Expires:____________________
Kenneth R. Pangborn ____________________________________

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