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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />1. Settlement Demands/Offers <br />m. Evaluation and Recommendations <br />2. LITIGATION PLAN AND BUDGET. <br />Along with the Preliminary Evaluation, your firm shall complete and return the attached <br />Litigation Plan and Budget. <br />3. SUMMARIES OF COURT PROCEEDINGS AND DISCOVERY. <br />Your firm shall provide the City with timely letter reports of court proceedings, deposition: <br />and written discovery. These letters shall comment on the significance of any new developments. <br />4. PRETRIAL EVALUATION. <br />Within sixty (60) days of the trial date, and one week before any settlement conference, yoi <br />firm shall provide the Member City with a letter report captioned Pretrial Evaluation that contains <br />an update on the topics noted in Section 1. <br />5. SETTLEMENT OFFERS AND DEMANDS. <br />Your firm shall immediately communicate all settlement demands and offers to the City, <br />BICEP's General Manager, BICEP's Claims Administrator, and when applicable, commercial <br />excess insurers and monitoring counsel. The Member City shall not enter into a settlement that <br />requires payment from BICEP's pooled funds without BICEP's consent. <br />6. COPIES TO B[CEP AND COMMERCIAL EXCESS INSURERS. <br />Your firm shall direct copies of the reports in Sections 1 through 5 to BICEP's General <br />Manager and BICEP's Claims Administrator, and to any excess insurers whose layers of coverage <br />maybe affected by a settlement or judgment. When requested, your firm shall also copy the report <br />to any monitoring attorney for BICEP and/or its excess insurers. <br />Copies to BICEP should be directed as follows: <br />BICEP General Manager <br />Gregory Spiker <br />Ken Spiker & Associates <br />l 100 South Flower Street, Suite 2100 <br />Los Angeles, CA 90015 <br />BICEP Claims Administrator <br />Craig Schweikhard <br />Gregory Bragg & Associates, Inc. <br />P.O. Box 3544 <br />Ventura, CA 93006-3544 <br />These BICEP representatives may request you to add others to the circulation of your <br />reports. <br />Thank you for your attention to the above. <br />Very truly yours, <br />03-OS-06 22 <br />