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<br />The Attorneys are also authorized and cmpowercd to act as the City's negotiators in any and all settlement negotiations <br />concerning the subject matter of this Agn,'ClllcnL <br /> <br />NO GUARANTEES <br /> <br />It is understood and agreed thaI the Attorncys cannnt wamlllt or guarantee outcome of.lIlY particular claim and the <br />Attorneys have not represcnted to the City thnt City will n..'Cover ull or any lunds. City realizes that Attorneys will be <br />investigating the raw and fucts applicable 10 ils claims on a continuing basis and should the Attorneys learn something that <br />in the opinion ofthe Attorneys mokt.'s it impmcticnl for attorneys 10 proceed with the handling onhc City's elaim, the Attorneys <br />may withdraw from lurthcr representation orCity by scnding writtcn notice to City's last known address. Such notice shall <br />not be given in such a manner or at such a timc as to prcjudi<.:c thc rights of the City. <br /> <br />EXPENSES <br /> <br />City additionally agrees that the Altol11cys arc to be repaid and reimbursed out of any recovery tor all court costs and <br />expenses that the Attorneys have paid or incurred relating to City's claims. 'Ihe City lurthcr agrees that attorneys may borrow <br />funds to pay expenses and that (my reasonable interest due and owing. on such U1110unts advanced by the Attorneys on behalf <br />of City's claim will be rcimbllTSl.-d out of City , s recoveries. 'Jh~ aUorncys' li..-cs will be fig.ured on a total recovClJ' or seulemt.'lJ1. <br />If the Attorneys do not obtain a settlement or recovcr) I()[ Ilw Cily, then the City will not pay (Ill)' fees or expenses. <br /> <br />COOPERATION <br /> <br />The City ugn.'CS to coopcmte with the Attomeys at all times and comply with all reasonable requests of the Attorneys <br />to facilitate this Agrt..'Cmcnt. 'IllC City lhrther agn.'Cs to prnvidc the Altome)'s with all rcquestt.'d documentation, information, <br />records, and witnesses that will be Ilcl.>ded to rcnsonably represent the inlerests of Ihe Cily. <br /> <br />ASSOCIATED COUNSEL <br /> <br />TIle Attorneys may, at their own eXf1L'11Se, use or associate othl.'f uUol1leys in the n.'prescntation ofmattcrn covered by <br />this Agreement. The City lurthcr undcrstunds that unumber ofatlomeys may rcprcscntthe legal interests of the City on the <br />matters covered by this Agreement and that no eonunilment is mnde thai un)' particular lawyer associated with the Attorneys <br />shall be personally undt..'t1aking representation of the City's claims. Atlomeys may tenninate this Agreement if in their <br />reasonable professional judgment such is dctennined an acceptable cOllrse of<lction. <br /> <br />CONSTRUCTION <br /> <br />This Agreement shall be controlled .md CC)JlstTlled by Texas law. <br /> <br />ARBITRATION <br /> <br />Any disagreements, dispules, controversies, or cluims urising. out of or rcl<lting to this Agrl.'cment shall be resolved <br />by binding arbitmtion pursuant to the Fcdcml Arbitration A.:I in <lccorJance with the Commercial Arbitration Rules then in <br />effect with the Aml.>fican Arbitration Ass()ci~lljoll. <br /> <br />111is Agreemcnt is binding upon and inures to the bcnclit of/he parties hereto and their respective heirs, executors, <br />administratl1rs, legal representatives, SllCCI..'ssors, and assigns. <br /> <br />SEVERABILlTY <br /> <br />This Agreement shall be construed scvl.'lully and if any portion shall be It1lllld to be invalid, illegal, or wlenlbrcenble <br />in any respect, such invalidity, illegality, or unenfi.)l'cC'<lbility shallllot an...'Ct any other provisions of this Agn.'Cment that are <br />not invalid, illegal, or unenforceable and the Agreement shall be eonstnled as though the inV'<llid, illegal, or unenforceable <br />provision had never been contained herein. <br />