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In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked <br />• to provide your consent prior to the sharing of your confidential information with the third-party <br />service provider. Furthermore, the firm will remain responsible for the work provided by any such <br />third-party service providers. <br />SUBPOENAS <br />I n the event we are requested or authorized by you or required by government regulation, subpoena, <br />or o#her legal process to produce our working papers or our personnel as witnesses with respect to <br />our engagement for you, you will, so long as we are not a party to the proceeding in which the <br />information is sought, reimburse us for our professional time and expense, as well as the fees and <br />expenses of our counsel, incurred in responding to such a request. <br />OTHER MATTERS <br />If any dispute, controversy or claim arises in connection with the performance or breach of this <br />agreement, either party may, on written notice to the other party, request that the matter be <br />mediated. Such mediation would be conducted by a mediator appointed by and pursuant to the rules <br />of the American Arbitration Association (AAA) or such other neutral facilitator acceptable to both <br />parties. Both parties would exert their best efforts to discuss with each other in good faith their <br />respective positions in an attempt to finally resolve such dispute, controversy, or claim. <br />Client and accountant bath agree that any dispute over fees charged by the accountant to the client <br />will be submitted for resolution by arbitration in accordance with the Rules for Professional <br />Accounting and Related Services Disputes of the AAA. Any award rendered by the Arbitrator <br />pursuant to this Agreement maybe filed and entered and shall be enforceable in the Superior Court <br />of the County in which the arbitration proceeds. In agreeing to arbitration, we both acknowledge that, <br />in event of a dispute over fees charged by the accountant, each of us is giving up the right to have <br />the dispute decided in a court of law before a judge or jury and instead we are accepting the use of <br />arbitration for resolution. <br />The prevailing parry shall be entitled to an award of reasonable attorneys' fees and costs incurred in <br />connection with the arbitration of the dispute in an amount to be determined by the arbitrator. <br />If the foregoing is in accordance with your understanding, please sign this letter in the space <br />provided and return it to us. If you have any questions, please call Eddie Burke at (919) 782-1040. <br />Very truly yours, <br />CHERRY, BEKAERT & HOLLAND, L.L.P. <br />Enclosure <br />RESPONSE: <br />"7'h;a lnstreemeat lean been ~~~; ut~t~d ;~ ~, <br />n~asener acquired by the Lncal ~Gocerserec,~t~t <br />met and Fiscal Contrnl ~e~ <br />~~ro~ of Oaa~e ~cax~'ys <br />This letter correctly sell forth the understanding of Orange County, North Carolina. <br />By: ~- <br />• Laura Blackmon, Count Mana er <br />Y 9 <br />