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<br />The Attorneys are also authorized and empowered to act as the City's negotiators in any and all settlement negotiations <br />concerning the subject matter of this Agrcement. <br /> <br />NO GUARANTEES <br /> <br />It is understood and agreed that the Attorneys cannot warrant or guarantee outcome of any particular claim and the <br />Attorneys have not represented to the City that City will recover all or any funds. City realizes that Attorneys will be <br />investigating the law and facts applicable to its claims on a continuing basis and should the Attorncys learn something that <br />in the opinion ofthe Attorneys makes it impractical for attorneys to proceed with the handling of the City's claim, the Attorneys <br />may withdraw from further representation of City by sending written notice to City's last known address. Such notice shall <br />not be given in such a manner or at such a time as to prejudice the rights of the City. <br /> <br />EXPENSES <br /> <br />City additionally agrees that the Attorneys are to be repaid and reimbursed out of any recovery for all court costs and <br />expenses that the Attorneys have paid or incurred relating to City's claims. 'Ille City further agrees that attorneys may borrow <br />funds to pay expenses and that any reasonable interest due and owing on such amounts advanced by the Attorneys on behalf <br />of City's claim will be reimbursed out ofCity's recoverics. Thc attorncys' Ices will be ligurcd on a total recovery or settlement. <br />If the Attorneys do not obtain a settlement or recowry f()f the City, then the City will not pay any fees or expenses. <br /> <br />COOPERATION <br /> <br />The City agrees to cooperate with the Attorncys at all times and comply with all reasonable requests of the Attorneys <br />to facilitate this Agreement. The City further agrees to provide the Attorneys with all requested documentation, information, <br />records, and witnesses that will be needed to reasonably rcpresent the interests of the City. <br /> <br />ASSOCIATED COUNSEL <br /> <br />The Attorneys may, at their own expense, use or associate othcr attorneys in the representation of matters covered by <br />this Agreement. The City further understands that a number of attorneys may rcpresent the legal interests of the City on the <br />matters covered by this Agreement and that no conunitment is madc that any particular lawyer associated with the Attorneys <br />shall be personally undertaking representation of the City's claims. Attorneys may tcrnlinate this Agreement if in their <br />reasonable professional judgment such is ddellllined an acceptable course of action. <br /> <br />CONSTRUCTION <br /> <br />This Agreement shall be controlled and eonstmed by Texas law. <br /> <br />ARBITRATION <br /> <br />Any disagreements, disputes, controversies, or claims arising out of or relating to this Agreement shall be resolved <br />by binding arbitration pursuan,ttQ the Federal Arbitration Ad in accordance with the Commercial Arbitration Rules then in <br />effect with the American Arbitration Association. <br /> <br />This Agreement is binding upon and inures to the benclit of the parties herdo and their respective heirs, executors, <br />administrators, legal representatives, successors, and assigns. <br /> <br />SEVERABILITY <br /> <br />This Agreement shall be construed severally and ifany portion shall bc found to be invalid, illegal, or unenforceable <br />in any respect, such invalidity, illegality, or unentorceability shall not allcet any other provisions of this Agreement that are <br />not invalid, illegal, or unenforceable and the Agreement shall be construed ns though the invalid, illegal, or unenforceable <br />provision had never been contained herein. <br />