Orange County NC Website
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DocuSign Envelope ID:CD169865-6COD-4DOE-83C1-88ACC925BFB8 <br /> require payment for out-of-pocket expenses such as photocopies, courier expenses, travel, filing fees, and <br /> the like. Any expenses,such as third-party printing costs,recording fees,etc.,will be billed directly to you. <br /> Our fees for this engagement will not exceed$12,500.00. <br /> Our billing statements are prepared and emailed to the address written above during the month <br /> following the month in which services are rendered and costs advanced. Payment is due upon receipt of <br /> invoice. If there is a closing, we reserve the right to collect remaining fees and expenses owed at closing. <br /> We will both have the right to terminate our representation at any time. f <br /> Your obligation to pay our fees and costs incurred on your behalf is not contingent and is not based <br /> on the consummation of any closing or the occurrence of any specific event or result. This means our fees <br /> relating to closings are payable whether or not closing occurs or falls through. <br /> We have the right to destroy client files six years after the conclusion of representation, and we <br /> may destroy them earlier with client consent. We will use the email address set forth above for our bills <br /> and other communication with you until you provide us with alternate information in writing. Either of us <br /> may terminate our attorney-client relationship at any time. <br /> IV. Client Identification <br /> Our client in this matter is Orange County (the "County"). Use of the terms "you" and "yours" <br /> herein refer to the County as an entity. As discussed below,we may also represent the Association For the <br /> Preservation of the Eno River Valley, Inc. (the"Association"), which is also a party to one or more of the <br /> easements. <br /> V. Conflict Waiver <br /> THIS FIRM HAS REPRESENTED THE ASSOCIATION IN THE PAST ON MATTERS <br /> UNRELATED TO THE PROPERTY. IN ADDITION, WE EXPECT TO CONCURRENTLY <br /> REPRESENT THE ASSOCIATION IN THIS MATTER AS WELL. HAVING REVIEWED THE <br /> POTENTIAL CONFLICTS OF INTEREST AND RECOGNIZING THAT THE INTERESTS OF THE <br /> COUNTY AND THE ASSOCIATION ARE GENERALLY ALIGNED WITH REGARD TO THE <br /> PURCHASE OF THE EASEMENTS, I BELIEVE THAT WE CAN REPRESENT THE COUNTY AND <br /> THE ASSOCIATION FOR THE PURPOSES DESCRIBED ABOVE IN A MANNER CONSISTENT <br /> WITH APPLICABLE LAW AND ETHICAL RULES. IT IS OUR OPINION THAT OUR <br /> RESPONSIBILITIES TO THE PARTIES WILL NOT MATERIALLY INTERFERE WITH OUR <br /> INDEPENDENT PROFESSIONAL JUDGMENT IN CONSIDERING ALTERNATIVES OR COURSES <br /> OF ACTION THAT THE COUNTY SHOULD PURSUE WITH RESPECT TO THIS MATTER. IF <br /> THERE IS A DISPUTE AMONG THE COUNTY AND THE ASSOCIATION WE WILL SEEK TO <br /> WITHDRAW, AND ALL PARTIES WILL NEED TO HIRE SEPARATE COUNSEL. THE COUNTY, <br /> OF COURSE, IS FREE TO TERMINATE ITS RELATIONSHIP WITH US AND SEEK OTHER <br /> COUNSEL AT ANY TIME. THE POTENTIAL DISADVANTAGE TO THE COUNTY OF THE <br /> LIMITS ON OUR REPRESENTATION IS THAT IT WILL NEED TO SEEK ADVICE FROM A <br /> SEPARATE FIRM RATHER THAN LOOKING TO US FOR ASSISTANCE IF A DISPUTE ARISES <br /> WITH THE ASSOCIATION. BY ENTERING INTO THIS ENGAGEMENT, THE COUNTY <br /> ACKNOWLEDGES AND CONSENTS TO THE LIMITATION ON OUR REPRESENTATION DUE TO <br /> OUR REPRESENTATION OF THE ASSOCIATION AND THEREBY CONSENTS TO OUR <br /> 4011 university drive,suite 300,durbam,tic 27707 •post office box 51579,durharn,nc 27717-1579 <br /> TELEPHONE 919 490 0500 FAX 919 490 0873 •www.kennoncraver.coin <br />