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<br />. <br /> <br />. <br /> <br />. <br /> <br />e <br /> <br />tit <br /> <br />January -,2004 <br />Page 4 <br /> <br />Texas as Bond Counsel and in other capacities, including as litigation counsel. You agree that <br />we may continue to represent or may undertake in the future to represent existing or new clients <br />in any matter that is not substantially related to our work for you even if the interests of such <br />clients in those other matters are directly adverse. We agree, however, that your prospective <br />consent to conflicting representation contained in the preceding sentence shall not apply in any <br />instance where, as a result of our representation of you, we have obtained proprietary or other <br />confidential information of a nonpublic nature, that, if known to such other client, could be used <br />in any other such other matter by such client to your material disadvantage. <br /> <br />Nothing herein shall be construed as creating any personal liability on the part of any <br />officer of the Authority, and this agreement may be terminated by the Authority by giving 30 <br />days' written notice to AK, provided that all fees and expenses owing to AK will be paid as of <br />the effective date of any such termination. <br /> <br />If this proposed agreement for the performance of legal services by AK is satisfactory, <br />please evidence your acceptance and approval by executing three copies in the space provided <br />below and returning one copy to us. <br /> <br />Very truly yours, <br /> <br />ANDREWS KURTH LLP <br /> <br />By: <br /> <br />HOU:22293 I 1.4 <br />