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MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW May 11,2007 Francisco Gutierrez Page 2 FEES 5. As compensation for the services to be performed by MP&G pursuant to paragraphs 3 and 4 above, the Client will be required to pay fees to MP&G at the following basic hourly rates. Partners Associates Paralegals Document Clerks $320.00 to $550.00 $255.00 to $320.00 $155.00 to $210.00 $115.00 to $125.00 6. All hourly rates are billed in minimum increments of one-tenth (1/1 Oth) of an hour. The current rate for the attorney assigned primary responsibility for the described representation, Jay Adams Knight, is $400.00. However, this engagement will be billed at the rate of $350.00 per hour with a fee cap of $35,000.00. 7. MP&G hereby reserves the right to adjust the basic hourly rates above based upon various factors including: the experience, ability, and reputation of the attorneys working on the matter; and the nature of the employment. In the event the basic hourly rates are adjusted, MP&G will provide the Client notice of such adjustment(s) by way of separate letter or by way of its billing invoices, and the Client will be deemed to have agreed to the new hourly rates and the new hourly rates will apply to all services rendered unless the Client objects within thirty 30 days after receiving the referenced letter or billing invoice. 8. All time spent in connection with the described representation by the legal personnel designated by MP&G to handle the same shall be billed to the Client in accordance with paragraphs 5 through 7. Such time may include, without limitation, time spent waiting in court, time spent in travel, and time spent in office conferences between or among the legal personnel assigned to the described representation. MP&G shall assign legal personnel to the described representation in MP&G's reasonable judgment, unless the Client directs otherwise in writing. COSTS AND EXPENSES 9. The Client shall pay MP&G, all costs and expenses incurred in performing legal services in connection with the described representation. The costs referred to are for services provided directly by MP&G and for services provided by outside vendors or service providers. The costs and expenses may include, without limitation, telephone calls, messenger and other delivery fees, postage, charges for computer research and outside assisted legal research, travel expenses such as mileage, parking, airfare, meals, and hotel accommodations