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LL E rt�o Y LD FA B Christopher M. Huck <br /> KELLEY <br /> ;.... ._... (206)492-7393 [phone] <br /> (206)397-3062[fax] <br /> huck@kelleygoldfarb.com <br /> 700 Fifth Avenue,Suite 6100 <br /> Seattle,Washington 98104 <br /> February I, 2017 <br /> Via Email(JllessaJeverettwa.gov) <br /> James D. Iles, City Attorney <br /> City of Everett <br /> 2930 Wetmore Avenue, Suite 10-C <br /> Everett, WA 98201 <br /> Re: City of Everett v. Purdue Pharma, L.P., et al. <br /> Dear Jim: <br /> This letter confirms the agreement to provide legal services (the "Agreement") between Kelley, <br /> Goldfarb, Huck, Roth & Riojas, PLLC (the "Finn") and the City of Everett (the "City" or <br /> "you"). <br /> ). <br /> Opportunity to Consult Counsel <br /> You acknowledge and agree by your signature below that the Firm has not represented you in <br /> connection with entering into this Agreement and you have been advised of the desirability of • <br /> seeking and have been given a reasonable opportunity to seek the advice of independent legal • <br /> counsel concerning entering into this Agreement, including the terms of the hybrid billing <br /> arrangement described herein. <br /> Scope of the Firm's Representation of the City in this Matter <br /> You have retained the Finn for the purpose of representing you in prosecuting the claims <br /> asserted in the lawsuit styled City of-Everett v. Purdue Pharma, L.P., et al., filed in Snohomish <br /> County Superior Court, Case No. 17-2-00469-31 (the "Matter"). This representation involves <br /> the investigation, preparation, negotiation, and prosecution of. the Matter. Nothing in this <br /> Agreement and nothing in our statements to you will be construed as a promise or guarantee <br /> about the outcome of the Matter. <br /> Hybrid Billing Arrangement(Capped/Reduced Hourly Rate plus Success Fee) <br /> You agree to pay for professional legal services provided by members of the Firm at the <br /> following reduced hourly rates: all partners/attorneys at $100/per hour and all law clerks and <br /> paralegals at $50/per hour (collectively, "Hourly Fees"). You and the Firm agree that Hourly <br /> Fees will be capped at$300,000. In addition to Hourly Fees, you agree to pay the Firm a success <br /> fee (the "Success Fee") comprising the greater of(i) any attorney fees award made with respect <br /> to the Matter less any Hourly Fees paid to the Firm for the Matter; or (ii) 16.66% of all sums or <br /> other value recovered from any source relating to the Matter, including any attorney fees award. <br />