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Mark B. Taylor January 4,2001 Page Two 3. If during our representation we anticipate a significant increase in the level of our activity on your behalf, for example, trial preparation or trial, we may bill you more frequently. We will expect that such statements also will be paid promptly. 4. Because of the detailed nature of our statements, our clients do not usually have any questions about them. However, if a question should arise, please call us promptly so we can discuss the matter. Our hourly rates do not include any interest for late payments. Because of this and the fact that we do not include a service charge for late payments, we must insist that our clients pay their bills promptly. 5. By your execution of this engagement letter, you agree that we are relieved from the responsibility of performing any further work should you fail to pay any statement for fees and expenses (including bills for expenses received from third parties) or for supplemental retainer deposits within fifteen (15) days oftheir receipt. In such event, you agree that we may move to withdraw as your counsel and that you will promptly execute any withdrawal motions to accomplish this. 6. By signing this engagement agreement, you indicate that you understand that this firm may retain papers relating to this matter to secure payment of any amount you owe us, to the extent permitted by law, but only if such retention will not prejudice your interests in the subject matter ofthe representation. 7. During our discussion about handling this matter, we may have provided you with certain estimates of the fees and expenses that will be required at certain stages of our representation. Such estimates are just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control, particularIy the extent to which other parties require our involvement on your behalf. The reason we submit our clients' bills on a monthly basis is so they will have a means of monitoring and controlling their expenses. If you believe the expenses are mounting too rapidly, please contact us immediately. Ifwe do not hear from you, we assume that you approve of the overall level of activity in this matter. Nature of Litigation 8. The litigation process can be long and drawn out. Court over-crowding, complicated procedural mechanisms and the opposing parties' actions do not allow us to control every aspect of the litigation. As mentioned above, these actions can drive up the cost ofthe lawsuit. Also, litigation can take an emotional toll on the parties involved. You need to understand that laws and other limitations exist which may prevent us from obtaining the result you desire. You may not win the lawsuit and we cannot make any guarantees concerning the outcome of the litigation.