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Mayor Roberto Martell September 17, 2013 Page 2 is not limited to, attendance at all regular and special meetings of the Town Council. The firm's work will not include labor and employment matters, which are handled by special counsel (Carson & Adkins). While the Town has engaged our Firm as Interim Town Attorney, Mr. Stephen Helfman will be designated as "the Town Attorney" and be principally responsible for attending to your matters. Subject to unavoidable conflicts, he will attend the regular, monthly Town Council meeting. Depending upon the type of matter which needs legal attention, different attorneys of the Firm, with specific specialized expertise, may from time to time be assigned by Mr. Helfman to the Town's particular legal matters. 2. Fees for Services. You will be charged and agree to pay for our services on an hourly basis at a flat rate of $200.00 for all attorneys of the Firm. It is our custom not to charge for attendance at your regularly scheduled monthly Council meeting nor for routine telephone calls with Town staff or Council Members. 3. Costs. In addition to the attorneys fees discussed in paragraph 2, the firm will bill the Town for incidental, out of -packet costs such as delivery charges, long distance telephone charges, photocopies, postage, faxes, and computer research expenses. Non. incidental costs such as court reporter expenses (including cost of transcript and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper publication costs, subpoena costs, witness fees, recording fees, etc.), accounting and appraisal fees, expert fees, triaUhearing exhibit costs, investigation costs, will continue to be itemized and billed. 4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. You must understand that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion, to cease to provide further legal services to you. You will, however, be liable to us for the payment of any fees earned and any costs incurred by us to that time, together with any applicable taxes. 5. Withdrawal from Representation and Termination. We reserve the right to withdraw from representing you if you have misrepresented or failed to disclose material facts to us, or if we disagree about the course of action which should be pursued. Likewise, the Town at any time may choose to terminate this agreement with or without cause and shall only be liable for fees and cost incurred up to the date of termination. 6. Fees for Other Services. In the event you ask rrs to render legal services with respect to other matters, in the absence of a written agreement specifically addressing that representation, the other matters will be handled on an hourly basis, and fees and costs will be payable under the same terms and conditions as provided for in paragraph 2 of this letter. If the Town decides to continue to have our firm serve as Town Attorney after the interim period of engagement described in paragraph 1 above, the fees and terms of this WEISS SEROTA HELFMAN PASTOHIZA COLE Sc BONISKE, p I..