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Hans Ottinat RE: Engagement Agreement September I R, 2008 Page 2 includ ing the m in im ization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any such documents or other materials retained by us. You are engaging the firm to provide legal services in connection with a specific matter as referenced within Section 1 of this Jetter. After completion of the matter, changes may occur that could have an impact upon your future rights and liabilities. Unless you actually engage us after the matll:r is concluded to provide such additional advice on issues arising from the matter, you understand the firm has no continuing obligation to advise you with respect to related, future legal developments. You also agrec that this engagement letter will serve as the basis for any continuing, expanded or different representation by the firm of your interests and that we have made no guarantees as to the disposition of any phase ol'thc matter or matters for which we have been retained. 3. Fees, EXRenses and Retainer. Our fees will be based on the billing rate li)r each attorney and legal assistant devoting time to this matter. Our billing rates for attorneys currently range from $250.00 to $350.00 per hour. Time devoted by legal assistants is charged at $105.00 per hour. These billing rates are subject to change from time to time. As a courtesy to you, all attorneys working on this motter will charge a rate (~f $250.()() per hour. The initial retainer will al.\'o he waived. Our representation will commence upon our receipt of an executed copy of this letter. As appropriate, we will include within our statements separate charges for perforrning services such as photocopying, messenger and delivery services, computerized research, tnlVel, long-distance telephone and telecopy, investigative and filing fees. Fees and expenses ofothers (such as consultants, appraisers and experts) will not be paid by us, but will be billed directly to you. Statements nonnally will be rendered monthly for work performed and expenses incurred the previolls month. Payment is due promptly upon receipt 0 four statement. I fany statement rl:l1lains unpaid for more than thil1y (30) days. we may cease performing services for you until arrangements satisfactory to us have been made for payment of outstanding statements and for the payment of future fees and expenses. Our fees and costs relating to this matter arc not predictable. Accordingly, we have made no commitment to you concerning the maximum fees and costs that will be necessary to resolve or complete this matter. [t is also expressly understood that payment of our fees and costs is in no way contingent on the ultimate outcome of the matter. 4. Conflict of\nter~st. Ifat some point in the future we become aware of an actual conflict of interest, we will inform you of such conflict. At such time, we may be requested or obligated to withdraw from further representation and you may be required to retain new counsel.