Document N2772JO43d7nN99L8dMaZmkn8

Telephone: (702) 385-4202 cB/oRJAonDesL, EJoYnes&, CMloEseR&REBrLowLn 300LSaosuVthegFaosu, rNthevSatrdeaet,8S9e1v0e1n-6th02F6loor Fax: (702) 385-1655 July 21, 1993 Mr. Revelle Taylor, CPA 6600 W. Charleston Blvd. Las Vegas, Nevada 89102 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada, Case CV-S-89-555-LDG-LRL Dear Mr. Taylor I am very pleased to respond to your agreement to testify as an expert for Nevada Power Company in the matter referenced above. Enclosed you will find a consulting agreement made out to you. As per your instructions, we have listed your charges as $125/hr. for all non-deposition and non-trial work and $150/hr. for all deposition and trial testimony. Your office support staff costs, consisting of a supervisory-level CPA will run approximately $80-$100/hr. General office expenses will be billed separately. If these figures are incorrect for any reason, please let me know immediately. If not, please sign the agreement and return it to me. You will be receiving further contact from Fisher, Gallagher & Lewis, a firm that will be working with us on this case. In the meantime, if you have any questions, please call me at 386-3369. Sincerely RJS:dd cc: TNB Michael Gallagher, John Kim, Esq. Enclosure Esq. (jftivpow M taqm cttluylafjaa Mr. Revelle Taylor, CPA July 21, 1993 Page 2 NEVADA POWER COMPANY V. MONSANTO COMPANY * ET AL, CONSULTING AGREEMENT This agreement is by and between Nevada Power Company ("Nevada Power") and Mr. Revelle Taylor, CPA. It concerns the matter of Nevada Power Company v. Monsanto Company, .et al. . USDC, District of Nevada, Case CV-S-89-555-LDG-LRL. Nevada Power desires to retain the services of Mr. Taylor as an expert in the area of Nevada Power's estimation of damages suffered as a result of the defendants1 fraudulent concealment and failure to warn. In addition, Mr. Taylor's expertise is sought in reference to an estimation of the defendants' ability to pay punitive damages through an analysis of their financial statements. Therefore, it is agreed to by the parties that: 1. Consulting Services M r . Taylor agrees to provide consulting and other services regarding accepted accounting practices in Nevada Power's estimation of damages, and the ability of the defendants to pay punitive damages. He also agrees to provide all services which are incidental to and in conjunction with these areas. 2. Independent Status Nothing in this Agreement shall be considered as creating the relationship of employer and employee between Nevada Power and Mr. Revelle Taylor. Mr. Taylor at all times shall be deemed an independent contractor. 3. Fee Schedule Nevada Power agrees to pay Mr. Taylor in accordance with the following fee schedule: a. All non-deposition or non-trial time spent in preparation for this litigation $125/hr. This includes research, review and analysis of relevant material regarding accounting matters, personal or telephonic conferences and consultation and/or preparation of reports. b. Deposition/trial testimony $150/hr. rrinvpowMWxiwiWlMvfcxJOa Mr. Revelle Taylor, CPA July 21, 1993 Page 3 c. Staff support $80-100/hr. This covers the fees of a supervisory-level CPA to assist Mr. Taylor in the preparation of materials for this case. d. Office expenses To be billed separately to Nevada Power E. Travel expenses incurred To be b i 1 led separately for reimbursement or arranged by Nevada Power This covers expenses generated in long distance travelling to or from sites for meetings, conferences, depositions, hearings or trial. All air travel will be by regular coach unless no other accomodations are available. The above fee schedule shall not be changed or amended without the written agreement of both parties. 4. Mr. Taylor will send a monthly billing statement reflecting all services, fees and expenses. 5. If in any one month Mr. Taylor expects to charge Nevada Power $5,000 or more, he must submit an itemized estimate of the charges in writing for prior approval. 6. Due to the size and nature of this litigation, if for any reason Mr. Taylor is not able to continue as a consultant on this case, he must give Nevada Power Company at least thirty (30) days' notice. The notice shall be in writing and sent via certified mail to: Paul E. Merrell, Esq. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026 7. It is understood that Mr. Revelle Taylor will undertake efforts on behalf of Nevada Power only as requested. Mr. Revelle Taylor, CPA July 21, 1993 Page 4 .na. 8. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification must be in writing and signed by each party. 9. This Agreement is hereby signed and executed by: Nevada Power Company by and through its attorneys Bradley Mr. Revelle Taylor, CPA By: _____________________ Revelle Taylor Date: