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BEST BEST & KRIEGER ATTORNEYS AT LAW May 15, 2018 Page 3 This letter requests your consent to BB&K continuing to provide advice on the Subject Matter Issues to Santa Ana, as well as to the other co-defendant cities which BB&K represents, i.e., Lake Forest, San Clemente, Stanton, Aliso Viejo and San Juan Capistrano. By signing this letter, you will be providing consent on behalf of the City of Santa Ana for BB&K to continue to provide advice to all of our city clients involved in the Litigation in these areas subject to the conditions described below. Our Subject Matter advice to clients involved in the Litigation will be subject to the following limitations: • BB&K attorneys will not appear in the Litigation. • BB&K attorneys will not draft or edit pleadings or other court documents filed with the court in the Litigation. • BB&K attorneys will not participate in discovery in the Litigation. • BB&K attorneys will not attend any court appearances in the Litigation. • BB&K attorneys will not participate in any settlement meetings or mediation sessions in the Litigation if another BB&K client is an adverse party in the Litigation and is involved in the settlement meeting or mediation. ADVERSE CONSEQUENCES We are obliged to inform you of any actual or reasonably foreseeable adverse effects of this representation. It is possible that: • We may be tempted to favor the interests of one or more of our other involved clients over the interests of Santa Ana. • Our exercise of independent judgment to Santa Ana may be impaired or clouded by our relationship with Lake Forest, San Clemente, Stanton, Aliso Viejo and San Juan Capistrano. • We may be disinclined to present the appropriate position, claims or defenses on Santa Ana's behalf if they impair our representation of our other clients. • Our forceful advocacy of a client's position, including as among the co- defendant cities, might alienate the other client. 55394.00000\3109952 1.1 5/15/18