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MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW May 11, 2007 Francisco Gutierrez Page 3 (which shall be in addition to the hourly rates for travel time), photocopying and other reproduction charges, clerical staff overtime, word processing charges, charges for computer time, process server's fees, filing fees and other charges assessed by courts and other public agencies, court reporter's fees, jury fees, witness fees, and other similar items. MP&G reserves the right to pass directly to the Client, and the Client agrees to pay promptly and directly, costs and expenses from outside vendors or service providers that exceed eight hundred dollars ($800.00). BILLINGS 10. MP&G will send the Client an itemized invoice for fees and costs incurred on a monthly basis. Invoices are due upon receipt and are considered past due after thirty (30) days. The Client agrees to promptly review MP&G's billings upon receipt and, within thirty (30) days thereof, bring to MP&G's attention any adjustments or reductions that the Client believes are necessary. The Client agrees that his, hers or its failure to timely review the bills and timely bring any objections to MP&G's attention shall constitute a waiver of any objection and shall be deemed acceptance ofthe propriety of the billings. For administrative convenience, the invoices will describe all the work done by an individual on a particular date and set forth the entire time billed for that work. Where more than one task is performed on a date, the time spent on each task will not be separately stated unless the Client so requests in writing within thirty (30) days after the date of the billings. 11. If MP&G's statements for services, costs and other charges are not paid when due under the terms of this Agreement, MP &G reserves the right to charge and the Client agrees to pay simple interest at a rate often percent (10%) per annum on any unpaid attorneys' fees, costs and other charges from the date on which such payment is due until payment is received by MP&G. ADVANCE AGAINST FEES AND COSTS 12. Notwithstanding any other provision of the letter, the Client acknowledges that MP&G has not and will not begin representing the Client regarding the described representation until MP&G receives an advance for fees and costs in the amount of zero. The advance shall be deposited in MP&G's Client Trust Account and used by MP&G to pay the Client's monthly charges for fees and costs, respectively. Any portion of the advance not paid or owed to MP&G shall be refunded without interest to the Client at the conclusion ofMP&G's representation. If fees and costs cause the advance to be reduced or depleted, MP&G shall have the right to require the Client to increase or replenish the advance to its original amount within thirty (30) days of written request.