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17.
MEDIATION
The Firm and the Client agree to attempt to settle all disputes between them through mediation
before initiating any other dispute resolution procedure. Any Party to this Agreement may initiate
mediation by serving a written request in person, by mail, or e-mail, to the opposing Party. The
mediation session will occur at a time mutually agreed upon by the Parties in consultation with a
mutually seletied mediator, though no later than 30 days after the initial notice was delivered, unless
otherwise agreed by the Parties and the mediator. Each Party shall bear its own attorney's fees and
costs for the mediation. The Parties understand that participation in mediation does not waive any of
their rights to other dispute resolution if mediation does not result in a final settlement.
J8.
DISCI AIM ER OF GUARANTEE
Nothing in this Agreement and nothing in the Firm's statements to the Client will be construed as a
promise or guarantee about the viability or outcome of any Claim(s); the Firm makes no such
promises or guarantees. Any comments about the Claim(s) or the possible or probable outcome of
any course ofat:lion or inaction are expressions of professional opinion only, are neither promises nor
guarantees, and will not be construed as promises or guarantees. Any deposits made by the Client or
estimate of Attorney's Fees or Expenses is not a limitation on such Attorney's Fees and Expenses, or a
guarantee that Expenses will not exceed the amount of the deposit or estimate. Actual Expenses may
vary significantly from estimates.
19.
GOVERNING LAW; ENTIRE AGREEMENT; MODIFICATION BY SUBSEQUENT
AGREEMENT: EMAIMAX SIGNATURES
This Agreement is governed by the laws of the State of New York, excluding conflicts of laws. This
Agreement contains the entire understanding between the Parties. No other agreement, statement, or
promise will be binding on the Parties. This Agreement may only be modified by a written
addendum signed by both Parties. Signatures or initials provided by email or facsimile suffice as
originals, and the Agreement may be signed in counterparts.
70.
SEVERARILITY IN EVENT OF PARTIAL. INVALIDITY
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the
remainder of that provision and of the entire Agreement will be severable and remain in circa.
21.
EFFECTIVE DATE
This Agreement governs all legal services provided by the Firm for the Client beginning with the date
the Firm first performs services. Notwithstanding the foregoing, this Agreement will not take effect,
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EFTA00037134
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The Firm will provide those legal services reasonably required to represent the Client including fad
and law investigation, drafting pleadings, settlement efforts, and other services up to and including
trial. The Firm will take reasonable steps to keep the Client informed of material developments and
timely respond to Client inquiries.
The Firm is representing the Client only in the matters described above, appellate services arc outside
the scope of this Agreement and a separate written agreement for appellate services or in any other
matter will be required. The Firm cannot provide the Client with tax advice and the Client is
encouraged to consult with tax advisors concerning this matter, particularly in the event of
settlement or other monetary resolution.
2,
CLIENT'S DUTIES
The Client agrees to be truthful with the Firm, to keep the Firm informed of any information or
developments which may come to the Client's attention, to advise the Firm of all relevant
information and any change in contact information, and to abide by this Agreement. The Client will
assist the Firm by providing necessary information and documents and, to the extent practicable,
locating witnesses. The Client agrees to appear at all necessary proceedings and to cooperate fully
with the Firm in all matters related to the preparation, presentation, and prosecution of the Claim(s).
The Client understands that this representation and the resolution of the Claims is likely to be
complicated and time-consuming (including time-consuming of the Client's time). While the Firm
will attempt to keep the Client apprised of material developments, the Firm cannot predict with any
certainty the outcome or timing of these matters.
3.
ATTORNEY'S FEE
The Attorney's Fee to be paid to the Firm for work on the Claims is contingent on the result. The amount