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Agreement, Miscellaneous expenses will be covered <br />by an administrative charge, currently set at 4%, <br />which compensates the cost of normal photocopy- <br />ing, long distance telephone calls, regular mail post- <br />age, telecopy charges and other expenses as to <br />which individual itemization is impractical. Costs <br />specific to your matter such as investigation and <br />filing fees, process server fees, required costs of <br />travel, out-of-town lodging and meals, courier and <br />express delivery and mail services, deposition and <br />court reporter fees, computerized legal research, <br />major photocopying, conference calls and staff <br />overtime, if and to the extent required, are item- <br />ized and will appear on your monthly statement as <br />separate items. <br />All costs and expenses are billed at our cost. <br />In some instances, invoices for outside services will <br />be sent directly to you for payment. You agree,to <br />pay the administrative charge and the costs item- <br />ized on your statements in addition to the hourly <br />fees. <br />5. BILLING STATEMENTS <br />We will send you statements on a regular ba- <br />sis for fees and costs incurred. In the usual case those <br />statements are sent to you once a month and they <br />reflect the work performed, the date of the work, <br />the amount of time spent, and the identity of the <br />person performing the work along with a detail of <br />the costs the firm has incurred on your behalf. Pay- <br />ment of each statement.will be due within 30 days <br />of the statement's date. <br />Your failure to pay the full amount of the state- <br />ment within 30 days of our billing will constitute <br />good cause for our withdrawal from your represen- <br />tation and we will then pursue collection of your <br />account. In that event, you agree to pay the costs <br />of collecting the debt, including court costs, filings <br />fees and reasonable attorneys' fees. <br />6. LATE PAYMENT <br />In fairness to the majority of our clients who <br />pay their bills promptly, we have established late - <br />payment procedures designed to charge to the late <br />payors the costs of carrying their overdue accounts. <br />Payment of our bills is due within 30 days after the <br />date on the billing statement that you will receive <br />monthly. You agree to pay a late charge of 5% of <br />the fees and costs incurred during the billing pe- <br />riod covered by the billing statement to MH&A if <br />payment is not received within 30 days of its date. <br />7. CLIENT'S DUTIES <br />You agree to be truthful with us, to cooperate, <br />to keep us informed of developments that relate to <br />our services, to abide by this Agreement, to pay <br />our bills on time, and to keep us advised of your <br />current address, telephone number and your place <br />of employment and telephone number. <br />You also agree to respond promptly, fully and <br />accurately to requests for information or documents <br />and to other requests for assistance made by MH&A. <br />8. EXPERTS <br />To aid in the preparation or presentation of <br />your case or legal position, .it may become neces- <br />sary to hire expert witnesses, consultants, or inves- <br />tigators. We will select and engage (or request you <br />to engage) any expert witnesses, consultants or in- <br />vestigators. However, when feasible we will con- <br />sult with you before completing the engagement. <br />9. SETTLEMENT <br />If this matter involves Litigation or some other <br />proceeding used to pursue or defend a claim on your <br />behalf, MH&A will not settle your claim without <br />your approval and you have the absolute right to <br />accept or reject any offer of settlement. We will <br />notify you promptly of the terms of any settlement <br />offer that we receive on your behalf. <br />10. LIENS <br />You grant to MH&A a lien on any and all claims <br />or causes of action that are the subject of our repre- <br />sentation under this Agreement and on any advance <br />against fees. Our lien will be for any sums owing to <br />us for any unpaid costs or attorneys' fees at the con- <br />clusion of our services. The lien will attach to any <br />recovery you may obtain, whether by arbitration <br />award, judgment, settlement or otherwise. <br />1 1 . DISCLAIMER OF GUARANTY <br />Nothing in this Agreement and nothing in our <br />communications with you may be construed as a <br />Page 2 of 3 <br />