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estimate of fees, costs or time for a particular task or matter, Santa Ana will be responsible for the <br />Firm's actual legal fees and costs, regardless of whether they are greater or less than the estimate. <br />5. DISCLAIMER OF GUARANTEE. Nothing in this Agreement should be construed as a <br />promise or guarantee about the outcome of any matter which the Firm is handling on Santa Ana's <br />behalf The Firm's comments about the outcome, estimated times to conclude the handling of the <br />matter, and the associated fees and costs, are expressions of opinion only. <br />6. DISCHARGE, WITHDRAWAL AND TERMINATION. Santa Ana may discharge the <br />Firm at any time and the Finn has the right to withdraw from representing it at any time, subject <br />to any required court approvals. Reasons for the Finn's withdrawal include, but are not limited <br />to, Santa Ana's: (1) breach of this Agreement; (2) failure to pay the Firm's invoices when due; (3) <br />refusal to cooperate with the Finn or to follow its advice on a material matter; or (4) any fact or <br />circumstance that would render the Firm's continuing representation unlawful or unethical. When <br />the Firm's services conclude, all unpaid amounts will immediately become due and payable. After <br />the Firm's services conclude, upon Santa Ana's written request, the Finn will deliver its files to <br />Santa Ana along with any funds or property of Santa Ana in the Firm's possession, after applying <br />any unused retainer or security deposit to any balance on Santa Ana's account. The work product <br />produced in the course of the Firrn's representation is and will remain Firm property. <br />7. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or <br />proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain <br />under, and subject to the control and direction of said City Attorney at all stages, and that they shall <br />at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys <br />informed of all significant developments in matters relating to any representation undertaken by <br />Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as <br />hereinafter specified, they shall return to City Attorney any and all files then in their possession <br />concerning each and every matter or proceeding in which they represented the City pursuant to this <br />Agreement. <br />8. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other <br />person(s) designated by the City Attorney, informed of significant events in the Actions, including <br />but not limited to trial date, filing of motions for summary judgment, hearing date for motion for <br />summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide <br />the following reports: <br />a. 45 day initial evaluation of case and budget; and <br />b. Pre-trial report 90 days before trial; <br />9. TERM The term of this Agreement shall commence on the date fast written above and <br />terminate on June 30, 2021, unless terminated earlier pursuant to Section 15 below. The term of this <br />Agreement may be extended for up to one (1) year upon a writing executed by both parties, including <br />the City Manager and the City Attorney. <br />3 <br />