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5.11b ERMUSR 11-14-2023
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5.11b ERMUSR 11-14-2023
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12/12/2023 1:19:28 PM
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11/13/2023 1:53:15 PM
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City Government
type
ERMUSR
date
11/14/2023
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RETAINER AGREEMENT <br />Elk River Municipal Utilities ("Client") retains the Law Firms of Lockridge Grindal <br />Nauen P.L.L.P. and Napoli Shkolnik (collectively "Law Firms"), as our attorneys to <br />prosecute any legal claim for negligence (or other viable causes of action) against any and <br />all parties individuals and/or corporations that are found to be liable under the law for <br />injuries and/or property damages suffered by us and/or our members arising out of the <br />contamination of water supplies by per- and polyfluoroalkyl substances (PFAS) and other <br />hazardous water contaminants. We specifically agree as follows: <br />1. FEE PERCENTAGE: Client and Law Firms agree that the Law Firms shall be <br />paid Twenty -Five Percent (25%) of the sum recovered, whether by suit, settlement or <br />otherwise. Client will not be liable to pay the Law Firms if there is not andform of recovery. <br />2. DISBURSEMENTS: In the event there is no recovery, the Client shall not be <br />obligated to pay the Law Firms any fees for services rendered, including disbursements. <br />Disbursements may include some of the following expenses: court filing fees, sheriff fees, <br />medical and hospital report/record fees, doctor's report, court stenographer fees, <br />deposition costs, expert fees for expert depositions and court appearances, trial exhibits, <br />computer on-line search fees, express mail, postage, photocopy charges, document <br />management charges, long distance telephone charges among other charges. Document <br />management charges are the fees charged by the law firm for processing documents <br />during litigation, such as medical records, documents produced by defendant(s) and/or <br />other parties, etc. Processing of the documents may include but is not limited to the <br />following: (1) scanning; (2) conversion of native files to PDF documents; (3) OCR (optical <br />code recognition); and/or (4) indexing. At the time of settlement and distribution of <br />proceeds, these expenses shall be deducted from the Client' share after computation of <br />the Attorney's Fee. <br />3. COMPUTATION OF FEES. The contingency fee shall be computed on the <br />gross recovery, resulting in a net settlement (or judgment), from which all appropriate <br />disbursements in connection with the institution and prosecution of this claim is <br />deducted, as set forth in paragraph 2 above. Examples of how a contingency fee is <br />computed are as follows: <br />Gross settlement $100.00 <br />25% Attorney's Fee $ 25.00 <br />Net settlement $ 75.00 <br />Disbursements - $10.00 <br />Net to Client $ 65.00 <br />I <br />4876-3008-5774, v. 1 <br />130 <br />
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