|
WINSTEAD PC
<br />Consulting Services - Non -Legal Services
<br />Standard Terms of Engagement for Services
<br />This statement contains the standard terms of our engagement. Unless modified in writing by mutual agreement, these
<br />terms will be an integral part of the letter to which this statement is attached (collectively, "Engagement Letter ").
<br />Therefore, we ask that you review this statement carefully and contact us promptly if you have any questions. We suggest
<br />that you retain a copy of the Engagement Letter in your file.
<br />The scope of services we will provide is described in the
<br />accompanying letter. Under this engagement, we will not
<br />be providing legal services. Any questions that you have
<br />should be addressed to us immediately.
<br />We will at all times act on your behalf to the best of our
<br />ability. Any expressions on our part concerning the
<br />outcome of the representation are expressions of our best
<br />professional judgment, but are not guarantees. Such
<br />expressions are necessarily limited by our knowledge of the
<br />facts and are based on the state of the situation at the time
<br />they are expressed.
<br />It is our policy that the person or entity that we represent is
<br />the person or entity that is identified in our Engagement
<br />Letter and does not include any affiliates of such person or
<br />entity, unless specifically referred to (i.e., if you are a
<br />corporation or partnership, affiliates include any parents,
<br />subsidiaries, employees, officers, directors, shareholders or
<br />partners of the corporation or partnership, or commonly
<br />owned corporations or partnerships; or, if you are a trade
<br />association, affiliates includes any members of the trade
<br />association).
<br />It is also our policy that our relationship will be considered
<br />terminated upon our completion of any services that you
<br />have retained us to perform. If you later retain us to
<br />perform additional services, our relationship will be revived
<br />subject to these terms of engagement, as they may be
<br />supplemented at that time.
<br />You agree to cooperate fully with us and to promptly
<br />provide all material information known or available to you
<br />relevant to our representation.
<br />Because we represent many other companies and
<br />individuals, it is possible that during the tirne we are
<br />representing you, some of our present or future clients may
<br />become involved in transactions or disputes with you. You
<br />agree that we may continue to represent or may undertake
<br />in the future to represent existing or new clients in any
<br />matter that is not substantially related to our work for you.
<br />We agree, however, that your prospective consent to our
<br />continuing to represent you shall not apply in any instance
<br />where, as a result of our representation of you, we have
<br />obtained proprietary or other confidential information of a
<br />non - public nature, that if known to such other client, could
<br />be used by such client to your material disadvantage. In the
<br />event we undertake representation of a client in a matter
<br />that is substantially related to our representation of you we
<br />will promptly disclose such representation to you. Upon
<br />receiving such notice, you will timely consent to the
<br />representation or request that we withdraw from
<br />representing you in the matter.
<br />Members of the Firm are fro n time to time serving in
<br />elected or appointed positions with various governmental
<br />or regulatory bodies at the federal, state, county, municipal,
<br />or local level. Such service could include, but is not limited
<br />to, service in the United States Congress, the Texas
<br />Legislature, as a board member of a State of Texas agency,
<br />board, or commission or the executive branch of state
<br />government, as a county commissioner, mayor, city council
<br />member, alderman, as a member of a planning and /or
<br />zoning board in charge of land use and entitlement issues,
<br />or a board of adjustment or variance. Members of the Firm
<br />must discharge those duties without regard to their
<br />employment or association with the Firm, and more
<br />importantly, it would be a prohibited conflict of interest for
<br />them to give any special consideration, benefit, or access to
<br />you or any other client of the Finn by virtue of your
<br />engagement of Winstead in any capacity, including the
<br />actual lobbying of any such governmental body or agency.
<br />Accordingly, you acknowledge and confirm that this
<br />engagement of Winstead is not in consideration for or in
<br />contemplation of any expected benefit to be derived from
<br />the activities of such persons in elected or appointed
<br />positions.
<br />You also understand that in the course of such public
<br />service these persons may be called upon to take positions,
<br />cast votes, adopt rules and regulations or otherwise act in a
<br />manner adverse to your actual or perceived business
<br />interests and you acknowledge that such events are not
<br />conflicts of interest or ethical violations of Winstead's
<br />duties to you as a client. You further acknowledge that in
<br />the course of the Finn's engagement by other clients
<br />
|