Agmt01 Cox Castle & Nicholson - Laserfiche WebLink

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David E. Schricker June 8, 2000 Page 5 it decides to arbitrate any fee dispute before a bar association panel, we also mutually agree that the decision of the arbitrator or arbitrators in any such bar arbitration with respect to any fee dispute shall be binding on both sides in all respects. Should it be determined by case law, statute or otherwise that any dispute or claim referred to in this section is not subject to binding arbitration, then any provision of this agreement to arbitrate such dispute shall be severed from this agreement; however, the remainder of this agreement to arbitrate shall remain in full force and effect as to all other disputes and claims. Specifically, should the City elect to have any fee dispute arbitrated pursuant to non- binding arbitration under statutory or case law, then such non-binding arbitration shall determine only the issue of the amount of fees properly chargeable to the City, if any. Any other claims or disputes between us, including claims for professional negligence, shall remain subject to binding arbitration pursuant to this agreement. 10. Consent To Electronic Communications. In order to maximize efficiency in this matter, we intend to use state of the art communications devices to the fullest extent possible (e.g., e-mail, document transfer by computer, cellular telephones, and facsimile transfers). The use of such devices under current technology may place the City's confidences and privileges at risk. However, we believe that the effectiveness involved in the use of these devices outweighs the risk of accidental disclosure. By signing this letter, the City acknowledges its consent to the use of these devices. 11. Disclaimer Of Guarantee. Nothing in this agreement should be construed as a promise or guarantee about the outcome of any matter which CC&N is handling on the City's behalfi Comments about the outcome of the City's matters are expressions of opinion only. With regard to the estimates regarding the fees and costs which may be incurred in connection with this representation, it is important that the City understand and acknowledge that any such estimate is merely an estimate based on numerous assumptions which may or may not prove to be correct and that any estimate is not a guarantee or agreement of what the maximum amount of fees and/or costs will be. 12. Entire Agreement. This agreement contains all terms of the agreement between CC&N and the City regarding our representation of the City, and may not be modified except by a written agreement signed by the parties. 13. Client. The City is CC&N's client for the purpose of our representation pursuant to this agreement. Unless expressly agreed, we are not undertaking the representation of any related or affiliated person or entity, nor any officers, directors, agents or employees.