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<br />Mr. Robert T. Herrera <br />February 4, 1992 <br />Page 4 <br /> <br />. <br /> <br />. <br /> <br />the City is reasonably informed as to the status of the Representation Matters and as to the <br />courses of action which are being followed or recommended by S&R. All of S&R's work <br />product will be owned by S&R. <br /> <br />S & R 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 S & R, but it is contemplated that such <br />reporting shall include the following: <br /> <br />(a) A preliminary report within thirty days of retention setting forth: <br />(i) Plaintiffs claims and the elements of those claims; <br /> <br />(ii) The types of damages recoverable for each claim; <br /> <br />(Hi) 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 />(Hi) 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 /> <br />(v) Our assessment of the probability of an adverse award and the <br />probable range of recovery, based upon the investigation and <br />discovery done to date; and <br /> <br />(vi) Our recommendation regarding future discovery and strategy. <br />