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<br />January 1, 1994 <br />Page 4 <br /> <br />e <br /> <br />e <br /> <br />Effort and Outcome <br /> <br />The Firm agrees to use all reasonable care in representing the City in the <br />Representation Matters. However, the City acknowledges that the Finn has given no <br />assurances regarding the outcome of the Representation Matters. The Firm agrees to assert <br />a diligent effort to assure that the City is reasonably informed as to the status of the <br />Representation Matters and as to the courses of action which are being followed or <br />recommended by the Firm. All of the Firm's work product will be owned by the Firm. <br /> <br />The Firm agrees to provide the City with periodic written status reports regarding the <br />Representation Matters undertaken from time to time. The frequency and content of such <br />reports shall be determined jointly by the City and the Firm, but it is cont~mplated that such <br />. reporting shall include the following: <br /> <br />(a) A preliminary report within thirty days of retention setting forth: <br /> <br />(i) Plaintiffs claims and the elements of those claims; <br /> <br />(ii) The types of damages recoverable for each claim; <br /> <br />(ill) Any potential sources of indemnification or contribution; <br /> <br />(iv) A recommended trial strategy and identifying the discovery that <br />appears appropriate; and <br /> <br />(v) An estimate of defense expenses. <br /> <br />(b) A liability exposure report within one hundred twenty days of retention, <br />setting forth: <br /> <br />(i) A summary of the material facts; <br /> <br />(ii) A discussion of the legal issues presented; <br /> <br />(ill) An analysis of plaintiffs claim, applying the facts to the <br />applicable law; <br /> <br />(iv) Our assessment of the potential damage exposure in the case, <br />including actual damages, court costs, and attorneys fees; <br />