Filed
`12 January 16 A11:07
`Gary Fitzsimmons
`District Clerk
`Dallas District
`
`

`

`Jennifer Edgeworth
`January 16, 2012
`Page 2
`
`outstanding sum'against Keltkens within ten (10) days notice to Kelfkens. If Kelflrens does
`not pay the remaining outstanding sum within ten (10) day notice, Kelfkens agrees to
`cooperate and enter into an Agreed Judgment for the remaining outstanding sum, court costs,
`and any attorney fees incurred by CrCon to file and perfect the judgment against Kelfkens.
`
`In efforts to assure compliance with the terms, conditions, and promises made within this
`Rule 11 Agreement, and all future agreements including a final settlement agreement, JMS
`shall supply to counsel for C—Con a quarterly report identifying service reports and sales
`records of JMS and client lists. Counsel for C—Con agrees to enter into a confidentiality
`agreement and to not disclose any customer, client, or financial information to third parties,
`including C-Con, other than whether Kelfkens, Gotshall, and IMS are in compliance with the
`final settlement agreement. If JMS, Kelfl<ens, or Gotshall are not in compliance, C-Con’s
`counsel can disclose which customer or client is involved in the violation.
`
`If JMS, Gottshall, or Kelfkens is in breach of the agreement not to sell Renishaw products or
`services to C-Con customers identified on the Client List, 75% of the gross revenue from
`such customer shall be paid to C-Con within thirty (30) days of notice of the breach. If
`Kelfkens, Gottshall, and/or JMS does not pay the remaining outstanding sum within thirty
`(30) days of notice of the breach, C-Con may file suit against Kelfkens, Gottshall, and/or
`JMS to recover the outstanding amount owed. C-Con would then be entitled to recover court
`costs and any attorney fees incurred by C-Con to recover the amount owed.
`
`All Parties agree that the $2,000 bond previously posted on behalf of C-Con pursuant to the
`Temporary Restraining Order granted by the Court is unnecessary and C—Con and/or its
`attorneys may seek the return of those funds from the Court without objection from any Party
`and that
`the $2,000 bond is not necessary to support the validity of the Temporary
`Restraining Order or this Agreement.
`
`All Parties agree that this Rule 11 Agreement supersedes and replaces all previous oral or
`written agreements or contracts between Edwin Kelfkens and C-Con.
`
`By signing and entering into this agreement, you represent that you have your clients authority
`and permission to enter into the binding Rule 11 Agreement, and that your clients agree to be bound by
`the terms of this Rule 11 Agreement just as if they, Edwin Kelfl<ens, Bart Gottshall, andfor JMS signed
`this agreement.
`
`Sincerely,
`
`Zaaflwaf
`
`Rob D. Ramage
`
` = 22/ ' ” / ,
`
`% /MW
`
`Jennifer Edgeworth
`
`
`
`Attorney for Defendant Kelfkens, JMS Supply
`And Bart Gottshall.
`
`1939.02/cdn
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