Eldon R. Kenseth and Susan M. Kenseth - Page 42

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         agreed that Fox & Fox "shall have a lien" for its fees and costs               
         against any recovery in Mr. Kenseth'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 Mr. Kenseth 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 out-of-                
         pocket expenses that had been disbursed by Fox & Fox would become              
         due and payable by Mr. Kenseth within 10 days of his termination               
         of Fox & Fox as his attorneys.                                                 
              Mr. Kenseth and the other members of the class relied on the              
         guidance and expertise of Fox & Fox in signing the separation                  
         agreement tendered to them by APV and then seeking redress                     
         against APV.  Commencing with the advice to Mr. Kenseth that he                
         could sign the separation agreement without giving up his age                  
         discrimination claim, and culminating with the obtaining by Fox &              
         Fox of an overall settlement and recovery that substantially                   
         exceeded what EEOC had thought the case was worth, Fox & Fox made              
         all strategic and tactical decisions in the management and                     
         pursuit of the age discrimination claims of Mr. Kenseth and the                
         other class members against APV.                                               
              Fox & Fox was well aware of the relationship between any                  
         gross settlement amount and the resulting fee that Fox & Fox                   
         would be entitled to.  In preparing for and conducting                         

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