Document RJ7yvkKL6mLmEQD8KBrv1G1GX

Telephone: (702) 385-4202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 26, 1993 Dr. Richard Ellis Chairman Advanced Waste Management Systems F .0. Box 100 Hixson, Tennessee 37343 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear Dr. Ellis How it happened, I am not sure, but indeed, according to our computer files, Dr. Andersen's Agreement was appended instead of yours. I am very sorry about the mix-up. To right the wrong, I am enclosing under cover of this letter the Agreement which I did have written for you. The information in the letter which accompanied the wrong Agreement would still hold true, however. If you have any questions, don't hesitate to call me, and thank you for bringing this error to my attention. Sincerely rj s :bms cc: Michael Gallagher, Esq John H. Kim, Esq. TNB j:\nev\ijs\xprt\cUis.I07 Dr. Richard Ellis July 26, 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 Advanced Waste Management Systems, Inc. by Richard Ellis, Ph.D., CHMM, Chairman. It concerns the matter of Nevada Power Company v. Monsanto Company, et a l . . USDC, District of Nevada, Case CV-S-89-555-LDG-LRL. Advanced Waste Management Systems, Inc. employs Dr. Richard Ellis; Nevada Power desires to retain the services of Dr. Ellis as an expert in the areas of the (i) reasonableness of Nevada Power1s methods used to calculate damages; (ii) reasonableness of Nevada P o w e r 1s actual and projected expenses for hazardous waste site cleanup; and (iii) the relationship of Nevada Power activities to government regulations affecting PCBs, dioxins and dibenzofurans. Therefore, it is agreed to by the parties that: 1. Consulting Services Advanced Waste Management Systems, Inc. agrees to provide consulting and other services regarding the reasonableness of (i) damages calculation methods; (ii) Nevada Power's actual and projected expenses for hazardous waste site cleanup; and (ii) the relationship of Nevada Power activities to government regulations affecting PCBs, dioxins and dibenzofurans and to provide all services which are incidental to and in conjunction with this field. 2. Independent Status Nothing in this Agreement shall be considered to create the relationship of employer and employee between Nevada Power and Advanced Waste Systems Management, Inc. Advanced Waste Systems Management, Inc. at all times shall be deemed an independent contractor. 3. Fee Schedule Nevada Power agrees to pay Advanced Management, Inc. in accordance with the schedule: Waste Systems following fee a. Retainer $10,000 This retainer shall be billed against at the rate of $150/hour for time spent working on the case, including time already devoted to reviewing the Dr, Richard Ellis July 26, 1993 Page 3 materials already sent by Nevada Power with its letter of inquiry. b. Rate $150/hr. This rate shall apply to all time spent working on this case and will be billed to Nevada Power upon depletion of the original retainer. "Time spent working on the case" covers time spent on research, review andanalysis of relevant material regarding scientific matters, personal or telephonicconferences and consultation and/or preparation of reports. This also includes time spent in trial, in depositions, and in telephonic or personal conferences concerning this case. c. Travel Expenses To be billed separately or arranged by Nevada Power If Dr. Ellis is required to travel from a foreign AWMS site in the interest of this case, his flight accommodations will beinternational business class. On domestic flights, flight accommodations will be regular coach class unless there is no other seating available, and AWMS by Richard Ellis has made reasonable attempts to obtain other accommodations. "Travel expenses" includethose generated in travelling to or from sites for meetings, conferences, depositions, hearings or trial. d. Office Expenses To be billed separately to Nevada Power on a monthly basis. The above fee schedule shall not be changed or amended without the agreement in writing of both parties. 4. If in any one month Advanced Waste Management Systems, Inc. expects to charge Nevada Power $5,000 or more, it must submit an itemized estimate of the charges in writing for prior approval. Dr. Richard Ellis July 26, 1993 Page 4 5. Advanced Waste Management Systems, I n c . will send a monthly billing statement reflecting all services, fees and expenses. 6. Due to the size and nature of this litigation, if for any reason Advanced Waste Management Systems, Inc. is not able to continue as a consultant on this case, it must give Nevada Power at least thirty (30) d a y s 1 notice. The notice shall be in writing and sent via certified mail to: Paul E. Merrell, Esg. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026 7. It is understood that Advanced Waste Management Consultants, Inc. will undertake efforts on behalf of Nevada Power only as requested. 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 both parties. 9. This agreement is hereby signed and executed by: Nevada Power Company by and through its attorneys, Bradley & Merrell By: Paul E. Merrell, Esq. Date: Touioology- Gonaultants-, Ina ^ CiBy: , _____________________ Richard Ellis, Ph.D., CHMM Date: 3/1 _________________________