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July 6, 2018 <br /> Page 2 <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 /> for any such recovery up to $10 million, plus 15% of all sums or other value recovered from any <br /> source relating to the Matter (including any attorney fees award) for the portion of any such <br /> recovery between $10 million and up to $25 million, plus 10% of all sums or other value <br /> recovered from any source relating to the Matter (including any attorney fees award) for the <br /> portion of any such recovery exceeding $25 million. The Firm agrees to cap at $30 million the <br /> Success Fee that would otherwise be due to the Firm under item (ii). <br /> The Success Fee shall be calculated on the gross recovery before deduction of litigation costs. In <br /> addition, the Success Fee and any unpaid Hourly Fees shall be deducted from the initial cash <br /> payment of any settlement or judgment. After deduction of the Success Fee and any unpaid <br /> Hourly Fees, any recovery will be applied to the reimbursement of litigation costs advanced by <br /> the Firm before payment to you. If recovery is made on an annuity or periodic payment basis, <br /> the Success Fee, any unpaid Hourly Fees, and outstanding litigation costs advanced by the Firm <br /> shall be deducted first from any such annuity or periodic payments as they are received until the <br /> total amount due for the Success Fee, any unpaid Hourly Fees, and outstanding litigation costs <br /> advanced by the Firm are paid to the Firm. In the event that no recovery is made, you will owe <br /> the Finn nothing for professional legal services beyond Hourly Fees, but you will be responsible <br /> for all litigation costs incurred on your behalf. <br /> Hourly Option <br /> You have been informed of the Firm's standard hourly fees of $350-$450 per hour for <br /> partners/attorneys, and have instead specifically elected the hybrid billing arrangement fee set <br /> forth above. <br /> Responsibility for Litigation Costs <br /> Litigation costs are those costs expended by the Firm regarding the Matter, including but not <br /> limited to expert witness fees, deposition fees, mediation fees, arbitration fees, local counsel fees <br /> (if any), travel, and the cost of obtaining records. Litigation costs specifically do not include any <br /> costs directly incurred by you. <br /> The Firm agrees to advance such litigation costs as it deems reasonable and necessary to <br /> prosecute the Matter solely as agent for you. You will receive monthly statements of litigation <br /> costs. You agree to pay litigation costs so advanced by the Firm on a monthly basis. <br /> The Firm will advise and obtain pre-approval from you of any expenses in excess of $2,500 <br /> unless exigent circumstances prevent obtaining that approval. <br /> In the event that no recovery is made, you will owe the Firm nothing for professional legal <br /> services beyond Hourly Fees; however, you will still owe the Firm for all litigation costs <br />