Document vVQnp8Ewxnp1D6n8myV0BmR5Z

Telephone: (702) 385^202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 21, 1993 Dr. Arnold Schecter, Jr. State University, New York Health Science Center P.O. BOX 1000 531 Gate Road Vestal, New York 13850 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear D r . Schecter: I am very pleased to respond to your agreemtn 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. Your check for your retainer will arrive directly from Nevada Power Company under separate cover. In the meantime, please review this agreement, and if the terms are correct, sign it and return it to me. I appreciate your help in trying to identify a toxicologist to work with us since Drs. Peterson and Teitelbaum are not available. Paul Merrell spoke with a gentleman by the name of Marc Lappe, and has retained him. You wil receive further contact from another firm, Fisher, Gallagher & Lewis about this litigation, but if you have any questions, please do not hesitate to call me at (702)386-3369. Sincerely, rjs:dd cc: Michael Gallagher, John Kim, Esq. TNB Enclosure ijs\nvpowei\expcrts\scfaecter.l06 Esq. Dr. Arnold Schecter, Jr. 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 Dr. Arnold Schecter. It concerns the matter of Nevada Power Company v. Monsanto Company, e t ' a l . . U S D C , District of Nevada, Case CV-S-89-555-LDG-LRL. Nevada Power desires to retain the services of Dr. Schecter as an expert in the bioaccumulation of PCBs, dioxins and dibenzofurans in human tissues in the United States and internationally. Therefore, it is agreed to by the parties that: 1. Consulting Services D r . Schecter agrees to provide consulting and other services regarding the science of exposure to 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 Dr. Arnold Schecter. Dr. Schecter at all times shall be deemed an independent contractor. 3. Fee Schedule Nevada Power agrees to pay Dr. Arnold Schecter in accordance with the following fee schedule: a. Retainer fee equal to an advance payment of two days1 work $4,400 b. All non-deposition or non-trial time spent in preparation for this litigation $2,200/day This includes research, review and analysis of relevant material regarding scientific matters, personal or telephonic conferences and consultation and/or preparation of reports. c. Deposition testimony $2,600/day ijrinvpowwtoxpKttlM tM curJOS Dr. Arnold Schecter, Jr. July 21, 1993 Page 3 d. Trial testimony $3,200/day For all fees covering a per day amount, a "day" shall consist of any consecutive 8-hour period. e. Travel expenses incurred ' To be billed 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 class unless no other accommodations are available. f. Office expenses To be billed separately to Nevada Power The above fee schedule shall not be changed or amended without the written agreement of both parties. 4. D r . Schecter will send a monthly billing statement reflecting all services, fees and expenses. 5. If in any one month you expect to charge Nevada Power $5,000 or more, you must submit an itemized estimate of the charges in writing for prior approval by Nevada Power. 6. Due to the size and nature of this litigation, if for any reason Dr. Schecter 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 Arnold Schechter, M.D., M.P. will undertake efforts on behalf of Nevada Power only as requested. Ijttavpom A lipM llK lM M Jdfi Dr. Arnold Schecter, Jr. July 21, 1993 Page 4 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, Date: rjrtnvpowmYuptttVactcMfJ06