that was confiscated directly or by forced sale by the Nazi regime (“German Property”); and WHEREAS, Tony has also engaged Attorney ARNDT SURNER (“Surner”) of the Dresden office of Hirsch, Thiem & Collegen to prosecute Claims at the JCC and in the German courts, for which purpose Tony has delivered to Surner a German power of attorney known as a “Vollmacht”; WHEREAS, Lee has reported to the parties that the JCC may hold property of Heinrich (“Posener Property”) including without limitation Palaistrasse 15 Dresden and Hienrich’s interest in the Falk and Posener partnership; WHEREAS, the JCC has declared that Claims for German Propertey held by the JCC must be submitted to their Late Application/Second Heirs Fund prior to 12/31/14; and WHEREAS, Mike [First Defendant] and Nicky [Second Defendant] have not yet registered with the JCC, nor made Claims for the Posener Property, nor have they obtained the necessary Claim Documents to support any such Claims; and WHEREAS, Mike and Nicky wish to obtain Tony’s assistance in making Claims in the Late Application Fund at the JCC for the Posener Property and for any other German property for which Lee may be able to produce Claim Documents; and WHEREAS, Tony is willing to assist Mike and Nick in making Claims for the Posener Property on the terms and conditions hereof; 42. The following is a summary, or in some cases a quote, of the provisions in the body of the contract: Clause 1 provides for the Defendants to deliver a Vollmacht to Dr. Surner authorising him to represent them at the JCC for the prosecution of the Claims for the Posener Property. By clause 2 the Claimant agrees to obtain Claim Documents by paying Mr. Chudson’s charges and out of pocket expenses for obtaining the Claim Documents and Surner’s charges and disbursements for prosecuting Claims for the Posener Property. By clause 4 the Defendants acknowledged that there were “no guarantees that sufficient Claim Documents may be found as may be required by the JCC in order to obtain Awards to them for the Posener Property”. In those circumstances the Defendants would be under no liability for the costs and expenses incurred by the Claimant.