Agenda - 04-15-2008-4g - Laserfiche WebLink

Browse Search

0 In the event that we are unable to secure an appropriate confidentiality agreement, you wiQ be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, the firm will remain responsible for the work provided by any such third-party service providers. SUBPOENAS In the event we are requested or authorized by you or required by government regulation, subpoena, or other legal process to produce outworking papers or our personnel as witnesses with respect to our engagement for you, you will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expense, as well as the fees and expenses of our counsel, incurred in responding to such a request. OTHER MATTERS If any dispute, controversy or claim arises in connection with the performance or breach of this agreement, either party may, on written notice to the other party, request that the matter be mediated. Such mediation would be conducted by a mediator appointed by and pursuant to the Hales of the American Arbitration Association (AAA) or such other neutral facilitator acceptable to both parties. Both parties would exert their best efforts to discuss wi#h each .other in good faith their respective positions in an attempt to finally resolve such dispute, controversy, or claim. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the AAA. Any award rendered by the Arbitrator pursuant to this Agreement may be filed and entered and shall be enforceable in the Superior Court of the County in which the arbitration proceeds. In agreeing to arbitration, we both acknowledge that, in event of a dispute over fees charged by the accountant, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury and instead we are accepting the use of arbitration for resolution. The prevailing party shall be entitled to an award of reasonable attorneys'tees and costs incurred in connection with the arbitration of the dispute in an amount to be determined by the arbitrator. if the foregoing is in accordance with your understanding, please sign this letter in the space provided and return it to us. If you have any questions, please call Eddie Burke at (919) 782-1040. Very truly yours, CHERRY, BEKAERT & HOLLAND, L.L.P C~..,''".~ C~~~,J,,,,,'s~ y` ~a mss,, ~, ~ .~,- Enclosure RESPONSE: This letter correctly seas forth the understanding of Orange County, North Carolina. By:,