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projects include oversight of significant litigation matters, participation in the preparation or <br /> review of significant ordinances or policies, and similar out of the ordinary projects or matters. <br /> Files for Hourly Projects will only be opened with the approval of ERMU Board or General <br /> Manager. <br /> C. Billing. The Attorney will bill ERMU monthly. ERMU will normally <br /> pay for services within thirty-five (35) days of receipt of a statement for services rendered. <br /> D. Minimum Billing Increment. The minimum billing increment for all <br /> services is two-tenths (2/10ths) of an hour. <br /> E. Costs. Out-of-pocket costs without mark-up. Costs include: <br /> • Recording fees <br /> • Postage of 500 or more <br /> • Photocopies at 200 per copy <br /> • Litigation expenses (court filing fees, expert witnesses, acquisitions, <br /> subpoenas, service of process, etc.) <br /> • Mileage <br /> 4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to <br /> protect Attorney against claims for legal malpractice. <br /> 5. MISCELLANEOUS. <br /> A. Governing Law. This Agreement shall be governed by the laws of the <br /> State of Minnesota. <br /> B. Assignment. The Attorney may not assign this Agreement without the <br /> consent of the ERMU Board. <br /> C. Effective Date. This Agreement shall be effective as of January 1, 2013. <br /> This Agreement shall not be modified or amended without the approval in writing of both <br /> parties. <br /> Dated: , 2013 Dated: , 2013 <br /> ELK RIVER MUNICIPAL UTILITIES PETER K. BECK ATTORNEY AT LAW <br /> PLLC <br /> By: By: <br /> John J. Dietz, Chair Peter K. Beck <br /> AND <br /> Troy Adams, General Manager <br /> 659861 DOCX <br /> 2 <br />