Eldon R. Kenseth and Susan M. Kenseth - Page 7

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          calculated if there should be a recovery.  Other sections of the              
          agreement summarized below provided for the attorney’s lien.                  
               The contingent fee agreement required aggregation of the                 
          elements of any settlement offer divided between damages and                  
          attorney’s fees and provided that any division of such an offer               
          into damages and attorney’s fees would be disregarded by Fox &                
          Fox and petitioner.  The contingent fee agreement provided that               
          petitioner could not settle his case against APV without the                  
          consent of Fox & Fox.  Under the contingent fee agreement,                    
          petitioner agreed that Fox & Fox “shall have a lien” for its fees             
          and costs against any recovery in petitioner’s action against                 
          APV.  This lien by its terms was to be satisfied before or                    
          concurrently with the disbursement of the recovery.  The                      
          contingent fee agreement further provided that, if petitioner                 
          should terminate his representation by Fox & Fox, the firm would              
          have a lien for the fees set forth in section III of the                      
          agreement, and all costs and disbursements that had been expended             
          by Fox & Fox would become due and payable by petitioner within 10             
          days of his termination of his representation by Fox & Fox.                   
               APV had proposed that petitioner and the other members of                
          the class sign separation agreements in return for some severance             
          pay.  Fox & Fox advised the class members that the form of                    
          separation agreement used by APV did not comply with the Older                
          Workers Benefits Protection Act of 1990, Pub. L. 101-433, 104                 

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