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Outside Counsel for Contract Matters Related to the Silver Line COTW September 14, 2021
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Outside Counsel for Contract

Matters Related to the Silver Line

COTWSeptember 14, 2021

Carrington Coleman

iCARRINGTON COL.EMAN

PRACTICE AREAS

CONSTRUCTION & REAL ESTATE LITIGATIONAt Carrington Coleman, we tackle every construction or real estate dispute with a goal ofhelping our clients preserve value in their investment or transaction.

Construction Disputes: Our construction attorneys handle virtually any type ofconstruction dispute, from power plant failures to delays in installation of building systems.Our experience allows us to both efficiently handle the smaller matters and effectivelyovercome the unique challenges of major construction disputes. We have successfullylitigated disputes regarding schedule delays, construction defects, cost overruns, laborinefficiencies, material defects, payment bonds, performance bonds, mechanic's liens,design errors, and much more.

Construction disputes often end up in arbitration or mediation, and we have a thoroughunderstanding of the various arbitration rules applicable to the construction industry andunderstand the different strategies in trying cases to experienced arbitrators versus a judgeor jury. And when our work for clients takes us to the courthouse, we understand thetechnical issues well enough to make it simple for judges and juries who may have littleexperience with construction projects.

Real Estate Disputes: Carrington Coleman's real estate litigation group handles allmanner of real estate disputes, including issues of, partnership control, purchase and sale,lending, land development, condemnation, leasing and land use. Our broad range of clientsincludes purchasers, sellers, owners, cities and municipalities, developers, lenders,brokers, landlords, and tenants. When the deal goes south, or there are unexpected issuesrelated to our clients' real property, we have real estate litigators ready to assist our clientsin resolving their disputes efficiently and effectively, whether in state or federal court,arbitration or mediation. Whatever the problem, we achieve results with a creative,aggressive, no-nonsense approach.

In partnership with our transactional lawyers, our construction and real estate litigatorsbring expertise to every stage of the project or transaction. Our team has decades ofexperience, meaningful academic and real-world credentials, and the ability to understandyour problem and seize every opportunity,

RECOMMENDED CONTACT

Cathy Altman

PRACTICING ATTORNEYS

RELATED PRACTICE AREAS

Acquisitions & Dispositions

Commercial Development

Construction & Real EstateLitigation

Construction Projects

Environmental & Remediation

Insurance Coverage

Land Use

Leasing

Lending / Borrowing / Credit

Real Estate EquityInvestments

VIEW THE

IndustriesWE SERVE

Cathy Lilford AltmanPartner

I BOARD(CERTIFIED-

Texas Board of Legal Specialization

CONSTRUCTION LAW

< CARRINOTON COI-EMAN

0 214.855.3083 / M [email protected] / ccsb.com

Carrington, Coleman, Sloman & Blumenthal, L.L.P.901 Mam St / Suite 5500 / Dallas, TX 75202

Diversity - Carrington, Coleman, Sloman & Blumenthal, L.L.P

CARRINGTON COLEMAN

OUR FIRM

DIVERSITY & INCLUSIONCreating opportunities for all has been an important part of Carrington Coleman'sculture since its beginning. In 1976, the Firm hired now-Federal-Judge Barbara Lynn ata time when most large firms were refusing to hire women. Seven years later, Lynnbecame the Firm's first female partner, and she was a member of the Firm's ExecutiveCommittee when she left to take the bench. Today, the firm remains committed toenhancing diversity at all levels and sponsoring our team members, regardless of theirage, gender, race, religion, or sexual orientation, to greater and greater heights.

We recognize that a commitment to equity does not stop at our door, and so we arecommitting time and resources to building the pipeline of qualified candidates from allbackgrounds into the legal profession. The Firm sponsors and participates in internopportunities to help grow the legal community with both local high schools andcolleges. The Firm also supports the Dallas Urban Debate Alliance, which strives toprovide every DISD student the opportunity to participate in rigorous academic policydebate—thus inspiring and training the lawyers of tomorrow. The Firm also supportsorganizations aimed at providing assistance to the underrepresented and economicallydisadvantaged—like Community Partners of Dallas, North Texas Food Bank, ReadingPartners, the Family Place, and Children's Health—to do what we can to create moreopportunities for all.

DIVERSITY

Firm Diversity Statement

NEWS

27 CARRINGTON COLEMANATTORNEYS SELECTED INMORE THAN 31 PRACTICEAREAS FOR BEST LAWYERS®RECOGNITIONDemonstrating the firm'scommitment to serving clientsacross the business..."

INSURANCE LITIGATOR MARISAO'SULLIVAN JOINSCARRINGTON COLEMAN ASPARTNERInsurance l.itigatqr MansaQ'Sullivanjias joined Carrington,Coleman, Slom'an &...

CHAMBERS USA RECOGNITIONPLACES CARRINGTONCOLEMAN AMONG TOPLITIGATION PRACTICES

Firm Diversity Statement - Camngton, Coleman, Sloman & Blumenthal, L.L.P

<sCARR1NG.TON COLEMAN

FIRM DIVERSITY STATEMENT

Diversity has been an important part of Carrington Coleman's culture since itsbeginning, starting with the Firm being one of the very first firms in Dallas to hirewomen attorneys in the 1970s. We remain committed to the goat of strengthening ourdiversity and inclusion through recruiting and sponsoring women and people of color.

We have a diversity and inclusion policy in place that was promulgated by ourExecutive Committee with the approval and support of the partnership. Pursuant tothat policy, we have an active Diversity & Inclusion Committee with membership at boththe partner and associate levels that meets regularly. The Committee is chaired byLance Currie, and includes partners, associates, and staff. All new lawyers receivetraining that includes communication of our diversity & inclusion policy.

Our Firm is committed to ensuring the policy is more than a piece of paper, and thesupport we offer women, people of color, and LGBTQ community members is reflectedin the many accomplishments they have achieved, both internally and externally. Wehave more work to do, but we are committed to creating a fair and equitable workingenvironment for all who give of themselves to the firm.

In terms of hiring, we strive to find innovative and creative ways to expand ourcandidate pool of diverse students in connection with our recruiting efforts. We havesent information about our Firm to affinity groups at more than 30 law schools,forwarding our recruiting information and encouraging members to forward theirresumes to us for consideration for summer clerkship opportunities. We have alsoparticipated in and interviewed at regional minority job fairs, including the SunbeltMinority Job Fair. On an occasional basis, we host a winter break reception for firstyear non-white law students, which provides us an opportunity to meet potentialcandidates who might otherwise not sign up to interview with us.

DIVERSITY

Firm Diversity Statement

NEWS

27 CARRINGTON COLEMANATTORNEYS SELECTED INMORE THAN 31 PRACTICEAREAS FOR BEST LAWYERS®RECOGNITIONDemonstrating the firm'scommitment to serving clientsacross the business..."

INSURANCE LITIGATOR MARISAO'SULLIVAN JOINSCARRINGTON COLEMAN ASPARTNERInsurance l.itigatqr MansaQ'Sullivan ha~s joined Carrington,Coleman, Sloman &...

CHAMBERS USA RECOGNITIONPLACES CARRINGTONCOLEMAN AMONG TOPLITIGATION PRACTICES

Firm Diversity Statement - Carrington, Coleman, Sloman & Blumenthal,

Once hired, we work to ensure that all attorneys, including women, people of color, andLGBQT community members are supported and encouraged to grow by participatingactively on cases. We want our attorneys and staff to feel part of the team on day one.We also survey our associates twice a year to identify the experience they haveattained during that period of time and to ensure that each obtains developmentopportunities and case responsibilities commensurate with her or his level. It is ourexpectation that we are grooming each of our associates for eventual partnership, andwe take seriously our responsibility to ensure their development. We strive so thatwomen, people of color, and LGBTQ community members in our Firm can continue togrow into the excellent attorneys that the legal community expects from our firm.

Further, we strive to sponsor women and people of color by helping provideopportunities and resources for developing and maintaining clients. The Firm supportsvarious women-to-women networking opportunities, including providing funding forwomen's networking events. Women are encouraged to join and have joined - with thefirm's monetary support - "women's organizations" such as the Dallas Women's

Foundation, and Attorneys Serving the Community. The Firm also encourages andpays the membership dues for any diverse lawyers wishing to join affinity barassociations such as the National Bar Association, Dallas Women Lawyer'sAssociation, Dallas Asian American Bar Association, Dallas Hispanic Bar Association,and the J. L. Turner Legal Association, and offers its wholehearted support for itsattorneys who become involved in such bar activities.

Every member of the Firm accepts responsibility for and does his or her part to fulfill ourFirm's commitment to equity. We want all of our lawyers and staff to feel that our Firmis a place where they are appreciated for the diverse talents and points of view thatthey bring to our team, and that they are treated with consideration and respect.

L.L.P

Camngtqn Cpleman has beenselected by the prestigiousChambers'USA:..

D MAGAZINE "BEST LAWYERSIN DALLAS" 2021, CARRINGTONCOLEMAN PARTNERSRECOGNIZEDWe are honored to announce ourattorneys that have been...

Jackson Walker

^

^V I Jackson Walker

Real EstateAt Jackson Walker, our real estate clients see us as more than just lawyers. We are their business counselors,transactional advisors, risk managers, and growth strategists, as well as their guides through the legal landscapebetween their aspirations and their accomplishments.

Our experience extends across all asset types, in both regional and national markets. We work with a variety of clientson both sides of the negotiating table and through business cycles, from growth to decline. Such exposure allows us tosee all aspects of the transaction and the market to anticipate issues and determine the best course to meet ourclients' goals.

In today's business climate, deals can be won or lost in a matter of days-even hours-making prompt response timecritical. Streamlined processes contribute greatly to the cost-effective services we are able to provide our real estateclients. It is this combination of experience, promptness, and precise processes that makes Jackson Walker's realestate attorneys a premier group.

We recognize that every transaction is unique, and we find creative responses to the issues our clients face. Wemanage complex and multi-disciplinary transactions involving numerous players and guide them to a timely andsuccessful close. True to our partnering philosophy, what matters to us is the satisfaction of our clients... not the size ofthe deal.

Practice Highlights

Beyond the Basics

Our Real Estate attorneys excel at the fundamentals of the business — assisting clients with buying, selling,

developing, and operating properties. But we're not satisfied with covering the usual bases. Our attorneysrepresent clients and handle matters in all the areas listed on the navigation links on the left side of this

page.

Our real estate practice extends from coast to coast. We've represented clients and conducted real estate,

land use, and financial transactions in 46 states, plus Mexico, Canada, Jamaica, the Bahamas, and more.

Contact

Steven R. MartensPartner, Austin512.236.2322

Diversity & Inclusion - Jackson Walker

Diversity & Inclusion

Listen. Learn. Engage.Throughout some of the most devastating economic downturns in history, Jackson Walker has proven resilient, and

the COVID-19 pandemic is no exception.

However, the pandemic was not the only setback we all faced last year. As many in the U.S. and around the world

stood against systemic racism and social injustice, we looked both within and beyond our Firm to formtransformational relationships through dialogue. Our partnership with Pastor Richie Butler and Project Unity onTogether We Dine events, and our new Diversity & Inclusion Hours, helped attorneys and staff to listen, learn, andengage with those from different backgrounds and to celebrate the great work of our diverse attorneys.

We also established four key areas we are calling Pillars of Success to affirm our commitments to support thegrowth and advancement of our diverse attorneys.

In our 2020 Diversity & Inclusion Report, we highlight these Pillars of Success as they relate to our focus on creatinga culture of inclusion, on seeking future partners who reflect the diversity of our clients and communities, on

developing and advancing our next generation of leaders, and on bringing positive change to our communities.

Though 2020 was a tough year, we are grateful to consider how each of us connect with one another. While wehave much more work to do, we will continue to listen, learn, and engage in order to create a more supportive Firm,

a more just society, and a better world.

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View Cookie Policy - c Ccc .;es

https://www.jw.com/meet-Jw/what-we-value/divereity/

JACKSON WALKER WOMEN

JW2: A FORMULA WITH A FOCUSThe JW2 initiative was established with the goal of attracting, promoting, and retaining women attorneys. Wevalue the unique perspectives that women bring to our work and have implemented a variety of programs to helpour women build strong networks and sustain successful careers. Through its programs, JW2 createsopportunities for women attorneys to learn and develop while balancing work and family responsibilities. At thesame time, JW2 supports women in their efforts to impact their communities. The program also helps raise theFirm's competitive profile by providing opportunities for women attorneys to generate business and pursuepositions in leadership.

We're proud of the success of our women's initiative, which was established over a decade ago. Womenattorneys practice in all areas of the Firm, serving as lead counsel in litigation, transactional, and regulatorymatters. In fact, between 2015 and 2019 we promoted 18 women to partner.

Jackson Walker JW2 InitiativeHorn Jackson Walker LLP

02:12 |

We continually contribute resources to maximize the opportunities for women to succeed in our firm. We executeour women's initiative through the following programs:

Our Programs

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OnRamp FellowshipJackson Walker is one of only 31 national firms involved in the OnRamp Fellowship, which provides opportunitiesfor women attorneys to re-enter the workforce after leaving to support their families. With the goal being toincrease the number of women in leadership roles, OnRamp matches women attorneys with yearlong positions atlaw firms across the country. In addition to facilitating the re-entry of women into practice, OnRamp also creates apipeline for female lateral candidates.

Participation in the OnRamp Fellowship allows women the opportunity to develop their skills and experiencewhile giving our firm access to an experienced pool of talent - ultimately benefiting our clients.

lAiLaw School Involvement

We regularly engage with women at the law school level to introduce them to our firm. In addition to supportingwomen's groups on law school campuses, we actively recruit women to join our summer clerk program.

Networking & Client DevelopmentJW2 hosts events designed to help women attorneys expand their networks and engage clients. Events range from

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Alternative Work SchedulesJackson Walker offers an alternative work schedule that enables women attorneys with young children to spend

more time at home while staying on the path to partnership. Through this program, the Firm has been able to retaina number of outstanding attorneys while earning their loyalty along the way.

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Cokinos Young

Cokinos Young

When Construction Matters Lead To Conflict

The complexity of the construction industry often leads to legal conflict betweenowners, developers, contractors, subcontractors and other entities involved in theproject. With money, materials, resources, labor and scheduling at stake, youneed a highly skilled and experienced legal team to defend your interests. Ouroffices in Houston, Dallas/Ft. Worth, Austin and San Antonio provide statewideand national coverage to clients wherever they or their projects are situated.

A Reputation For Excellence

Cokinos | Young has made a name for itself as one of the top construction lawfirms in the state. In 2013, Chambers USA'S America's Leading Lawyers forBusiness said this about the firm:

"This firm remains a key player in the Texas construction market, and comeshighly regarded by peers across the board. The group is equally adept on boththe transactional side and in litigation, and is well equipped to provide the gamutof legal services to project managers, subcontractors, general contractors andsureties, among others."

Additionally, Gregory Cokinos has the distinction of becoming the first lawyer inHouston elected to the American College of Construction Lawyers, an exclusivenational organization consisting of the best construction attorneys in thecountry.

Firm members are active in local, statewide, and national bar and industryforums, routinely publishing articles and presenting at seminars on variousconstruction law topics. Several members hold leadership positions inconstruction law organizations at the state and local level.

There Is No Construction Law Matter We Can't Handle

Cokinos | Young provides all aspects of construction law to owner/developers,general contractors, project managers, design professionals, subcontractors,material and equipment suppliers, sureties, insurance companies, and lenders.We provide both transactional and litigation services to clients across theindustry spectrum, including commercial, industrial. civil, pipeline, offshore, heavyhighway, and residential, among others. Whenever possible, emphasis in careful

negotiation and early intervention provides clients with claim prevention on thefront end.

The following is a sampling. but not an exhaustive list. of construction issueshandled by Cokinos. Bosien & Young:

• Contract drafting and negotiation• Construction defect claims• Change order and scope claims• Differing site conditions• Performance and warranty disputes• Defaults and termination• Surety claims• Payment issues

• Defective design• Delay and liquidated damage issues• Lien and bond claims• Job-site injuries• OSHA compliance issues• Insurance coverage

• Risk management• Bankruptcy issues• Employment issues• Governmental regulation and compliance issues• Alternative dispute resolution• Project delivery systems• Bidding and bid disputes• Safety and independent contractor issues• Corporate formation and protection issues• Federal contract compliance

PRACTICE AREAS

• Alternative Dispute Resolution

• Appeals and Legal Issues

• Bankruptcy & Creditor Rights

• Commercial Litigation

• Commercial Real Estate

• Construction Law

• Corporate Law

Local Presence, National Expertise

Cokinos | Young's business litigation attorneys are licensed and practicethroughout the Texas state and federal court systems, and nationally. We haverepresented thousands of business owners - from the "mom & pop"shops toFortune 500 companies and international conglomerates - in the prosecutionand defense of commercial disputes. Our attorneys help clients in all stages ofdisputes, from initial filing of a claim through the appellate process.

We Strive To Understand Your Business Concerns And Goals

Cokinos | Young litigators remain regularly involved in the legal community andon the cutting edge of legal thought. We believe a good commercial litigatorexcels not only in trial tactics or the rules of evidence and procedure, but also inunderstanding clients' businesses and maintaining an appreciation of their goals.Many of our commercial litigators have degrees or prior careers in engineering,business, or architecture, and bring that practical perspective to their legalpractice. We strive to understand our clients' business concerns, to be

counselors as well as litigators, and to offer knowledgeable and practical advicein an effort to avoid potentially costly litigation. We promote practical andefficient resolution of business disputes, sometimes even before litigationbegins.

The Resources Necessary To Handle Commercial Litigation Claims

Cokinos | Young offers clients the resources necessary to handle litigation on anational scope, without losing sight of the personal relationships which helpedthe firm develop. Our commercial litigators handle all manner of claimsincluding:

• Complex contract claims• Transactional disputes• Corporate and securities litigation• Deceptive trade practice claims• Large-scale business torts

• Collection fights• Prosecution and defense of claims of fraud• Misappropriation of tangible and intellectual property• Tortious interference

PRACTICE AREAS

Mitch Miblby

Mitch MiblbyMiblby LLCAttorneys & CounselorsPO Box 93642SoutUake, TX 76092

Miblby LLCMitchell Milby, a dynamic trial lawyer and a trusted adviser for over two decades,advises foreign and domestic businesses on matters across Texas, Oklahoma, and

other venues, mcluding Florida and California, and mediates business andconstruction disputes. He has tried more than 100 cases to verdict during his career.

His areas of concentration in the design & construction and energy industries are:

• corporate formation/govemance;

• all aspects of contracts and deal-making (owner agreements,

architecVengineer agreements, specialty contractor agreements, manufacturer

& equipment sale and lease agreements, employment/independent contractor

agreements); and• trial and alternative dispute resolution.

Mitchell is a 2018,2019, 2020, and 2021 Super Lawyer® and has regularly achievedone of law's most distinctive honors: A-V®Preeminent™ 5.0 out of 5, according to

the standard-setting Martindale-Hubbell® Peer Review Ratings™ that measures thehighest levels of ability and ethical integrity for lawyers. The exceptionally highrating repeatedly places Milby on the prestigious Texas' TopRated Lawyers list,which was published in The Wall Street Journal, The Dallas Morning News, TheHouston Chronicle and The San Antonio Express News. The list also was a special

supplement to The American Lawyer, Corporate Counsel, The National Law

Journal and Texas Lawyer.

Mitchell is a Life Fellow in the Texas Bar Foundation, a distinction held by only themost respected members of the State Bar (less than 1/3 of 1 percent of themembership of the State Bar is nominated annually). Early in his career, he was aSpecial Agent for the Federal Bureau of Investigation (FBI), following his serviceas a crunmal prosecutor and in-house counsel to the Dallas Chief of Police and

Command Staff.

An active instructor, Mitchell has been a speaker at ALA National Conventions, theTexas Society of Architects state conventions, the Dallas & Fort Worth AIAchapters, the Texas Society of Professional Engineers, and is an ongoing guest

lecturer for the Department of Civil Engineering at the University of Texas atArlington. He received the AIA Professional Affiliate of the Year Award (2012)andthe Consultant Award (2019) from the Dallas AIA chapter.

SERVICESTHE CONTRACT

The first step in a successful project is to outline the needs of our clients and discuss

their vision. We discuss strategy and goals in an initial meeting, then negotiate and draft

the most effective agreement to achieve those goals. We advise clients in multiple

sectors:

• healthcare • office • hotel/hospitality • mixed-use • retail • manufacturing and

distribution • institutional • education • Justice • religious • transportation • residential

• energy • heavy equipment sale and lease.

TRIAL WORKWith over 100 cases tried to verdict, we serve as lead trial counsel for our clients in

litigation, arbitration, and mediation. The best strategy is a trial-ready approach. Our

matters include:

• architect & engineer (design defect) disputes • contractor (construction) disputes

• copyright (architectural works) disputes • payment/fee disputes • lien claims

• partnership disputes • business disputes.

CORPORATE GOVERNANCE & MANAGEMENTOur mission is to bring stability and gro^A/th to your business operations so you can

operate sustainably into the future. We offer company formation and succession

planning (buy-sell agreements and ownership transfers), as well as consulting on and

drafting of employment/independent contractor agreements, non-disclosure and non-

compete agreements.

GENERAL COUNSELOur experience handling hundreds of lawsuits and business deals enables us to advise

our clients as outside general counsel. Ask how we can help you on an ongoing basis.

Scheef & Stone

Scheef & StoneKate Valent, Partner

500 N. Akard St. Ste. 700

Dallas, TX 75201(214) 472-2144

Firm OverviewScheef & Stone was formed by attorneys who have worked in some of thenation's largest law firms but wanted to serve their clients from a more personalsetting. From the beginning, our focus has been on providing high-qualityrepresentation to each client, regardless of the size or nature of therepresentation. We have continued to grow by attracting attorneys from diversepractice areas, most with large-firm backgrounds. Our attorneys haveexperience resolving complex commercial problems for their clients but havechosen to utilize that experience in a more flexible, efficient environment. Ourstructure and the experience and integrity of our attorneys allows us to providethe highest quality services with service levels not typically found in largerenvironments.

Diversity

t

IScheef & Stone firmly believes being adiverse workplace that reflects the community in which we live and work makesus a better law firm. Diversity of race, ethnicity, gender, religion, and culturalbackground provides us with a greater breadth and depth in solving our clients'problems and responding to the unexpected and new. Our diversity leads tomore effective resolution of the challenges our clients face and enriches our lawpractice, our careers, and our overall workplace environment. Our commitmentto a diverse workplace helps us to acquire and develop those resourcesinternally and to use them to meet or exceed our clients' expectations. We alsoseek to foster a firm-wide culture that promotes and facilitates diversity, and weare actively recruiting attorneys who are diverse in every sense of the word.

We are not merely a collection of attorneys. Instead, we are a cohesive groupwhich strives to maintain a collegial, balanced and team-oriented practice andworkplace. We take pride in our professional reputation as fine attorneys, manyrecognized as Super Lawyers by Thomson Reuters and AV rated byMartindale-Hubbell.

CONSTRUCTIONThanks to more than 50 years of combined experience in the industry, Scheef& Stone, LLP's attorneys know how to successfully navigate the intricacies ofconstruction law and procedure. We have extensive experience in commercialand public projects, ensuring contract compliance through negotiation,mediation, arbitration, and litigation. This is complemented by in-housepractices and extensive experience in labor and employment, bankruptcy, andfinancial restructuring.

We represent owners, developers, contractors, subcontractors, architects, andengineers in construction litigation matters and disputes, negotiation ofcontracts affecting construction projects, prosecution and defense of claimsrelated to construction process delays, and prosecution of claims of malpracticefor design failure and the impact of design on the construction process.Attorneys in our Construction section also have extensive knowledge inasserting and enforcing lien rights and payment bond rights in the constructionindustry; and our government contracts practice encompasses all aspects ofdoing business with government agencies.

How we serve your needs in the construction

industry:

Construction LitigationContract NegotiationDelay and Impact ClaimsDesign MalpracticeGovernment ContractsLien and Bond Claims


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