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<br /> ~. ß-)+ <br /> COMPENSA nON <br /> Discovery Services <br /> MMC's Compensation for providing Discovery Services shall be a contingency fee of 40% of the <br /> additional revenue realized by Redwood City from the services. The 40'* shall apply to the <br /> current year's assessment, all eligible prior period revenues, and any ap :)i:cable penalties, <br /> interest, and fees, Said 40% will not apply to any waived penalties and intere.õf The fee only <br /> applies to revenue actually received by Redwood City. <br /> Audit Services <br /> MMC's Compensation for providing Audit Services shall be a contingency fee of 40% of the <br /> additional revenue realized by Redwood City from the services. The 40% contingency fee shall <br /> apply to the deficiency identified and recovered together with all applicable penalties, interest, <br /> and fees. Said 40% only applies to applicable penalties and interest if those are collected by the <br /> City. <br /> REDWOOD CITY OBLIGATIONS <br /> Redwood City agrees to use diligent efforts, or to assist MMC, in the collection of identified <br /> deficiencies identified by MMC. Redwood City agrees to notify MMC within 10 days following <br /> receipt by Redwood City of any payments resulting from MMC's discovery service. MMC shall <br /> invoice Redwood City for the above fee on no less frequently than a quarterly basis, based on <br /> recoveries actually received by Redwood City, Because MMC's Tax Compliance Service may <br /> result in collection of deficiencies after termination of the Agreement, Redwood City's obligation <br /> to collect fees and notify MMC, and MMC's right to continue to receive payment, shall survive <br /> termination of this Agreement. <br /> Redwood City shall have the right, at Redwood City's option, to elect not to proceed with <br /> recovery of any identified deficiencies. Such election shall not include deficiencies that are <br /> uncollectable due to insolvency or dissolution of the entity liable, or for deficiencies which are <br /> otherwise incapable of collection (e.g. statute of limitations expiration). For deficiencies <br /> otherwise collectable but for which Redwood City elects not to collect, Redwood City shall notify <br /> MMC of its intention not to pursue collection of said deficiencies. In such instances where MMC <br /> has provided discovery and/or audit services and the City waives collection of finding(s), MMC <br /> shall be entitled to compensation at the rate of one-half (Y2) of the fee otherwise applicable to <br /> the deficiency. <br /> AttyJAgrJAgr.168 <br /> 021904 <br />