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Case 1:20-bk-12043 Doc 108-1 Filed 07/27/20 Entered 07/27/20 15.09.40 Desc <br /> Exhibit A - Form of Proposed order Page 8 of 13 <br /> ENGAGEMENT AGREEMENT <br /> BETWEEN <br /> ENERGY VENTURES ANALYSIS, INC. ("EVA") <br /> AND <br /> RHINO RESOURCE PARTNERS LP <br /> Parties <br /> EVA is a Virginia Corporation located at 1901 North Moore Street, Suite 1200, Arlington, VA <br /> 22209. EVA is engaged by Rhino Resource Partners LP ("Client") located at 424 Lewis Hargett <br /> Circle, Suite 250, Lexington, KY 40503. <br /> Scope of Work <br /> EVA shall provide Services to the Client in accordance with the attached Scope of Work(Appendix <br /> A). EVA shall perform such work under the direction of Client. At all times, EVA shall perform <br /> such work in a professional manner in accordance with the normal standards in the industry. <br /> Term and Termination <br /> This agreement shall be effective on July 15,2020 and shall continue for 6 months after that date. <br /> This agreement shall be automatically extended monthly unless terminated by written notice, <br /> subject to payment of all fees and expenses incurred through the date of termination. <br /> Key Personnel <br /> EVA will assign the key employees shown on Appendix B to perform the work required by this <br /> engagement and will not replace these employees on this engagement without prior approval by <br /> Client. EVA may use other employees in support of this engagement at its discretion. <br /> Fees <br /> EVA shall be paid for its professional services on this project according to the fee schedule in <br /> Appendix C. The fee structure shall be a combination of; <br /> 1. Initial Retainer <br /> EVA shall be paid a fixed retainer in the amount of$100,000. <br /> 2. Successful Efforts Fee <br /> EVA shall be paid a Successful Efforts Fee as described in Appendix C. <br /> In addition to its professional services, EVA shall be reimbursed for its actual, reasonable out-of- <br /> pocket expenses for travel, overnight shipping and other third-party purchases directly related <br /> to this engagement. <br /> Billing and Payment <br /> EVA shall be paid the Initial Retainer promptly upon execution of this engagement letter. EVA <br /> invoice for its actual expenses monthly. EVA shall be paid its Successful Efforts fee promptly upon <br /> approval of a reorganization plan by the court or the closing of the sale of substantially all of the <br /> 1 <br />