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0 <br />,~~L.~TOI~,T~BIRIa ~.~ <br />one Atlantic Center <br />120] West Peachtree Street <br />Atlanta, GA 30309-3424 <br />404-881-7000 <br />Fa~c404.881'7777 <br />www.alston.com <br />David M lVieezan Du+ecf Dial: 204.881-434fr E-aiaiL• david.meezan~alstoncom <br />June 5, 2408 <br />''VIA: ELECTRONIC MAIL <br />Brian M. Ferrell, Esq. <br />Coleman; Gledhill, Hargrave & Peek <br />129 East Tryon Street <br />Hillsborough, NC 27278 <br />Dear Brian: <br />We axe very pleased that Orange County, North Carolina. ("Orange Gounty") has <br />chosen Alston & Bird LLP as its .legal counsel in the landfill gas sale transaction (the <br />"LPG Matter"). contempla#ed with the University of North Carolina at Chapel Hilt <br />("UNC"}. This letter concerns the terms of the waiver we proposed regarding UNC. <br />As we have discussed, Alston & Bird currently represents UNC in certain gatent ' <br />and intellectual property matters (collectively the "UNC Patent Matters"}. The UNC <br />Patent Matters and the LFG Matter are unrelated, and the Alston Sc Bird attorneys who ~. <br />are involved in the LFG Matter have not been involved in any UNC Patent Matters nor <br />will they be involved in the UNC Patent Matters. Alston & Bird will also ensure that any <br />information we have gathered or will gather in connection with our xepresentation of ' . <br />Orange County in the LFG Matter is not accessible to any attorneys who are involved in <br />the UNC Patent Matters. <br />This letter is to confirm that we have informed Orange County of our <br />representation of UNC in the UNC Patent Matters, and that Orange County waives any <br />actual or potential conflict of interest that might result from our representation of UNC <br />with respect to such matters. As we noted in our engagement letter to Orange County in <br />this matter, the University has agreed to waive any actual or potential conflict of interest , <br />that might result from our representation of.Orange County in the LFG Matter. <br />We would appreciate Orange County acknowledging that this letter ,correctly <br />reflects the terms of the waiver by having the appropriate representative sign, date, and <br />return.to me the enclosed copy of this letter. There is a space for this acknowledgment <br />below my signature. <br />Atlanta * Charlotte • Dallas • New York • Research Triangle • Washington, D.C. <br />