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HomeMy WebLinkAboutContract 45288 4 f'S'EMMY,- a WRMW. CANTEY HANGERLL.P TRN RALPH K,OUGGINS CA TEY HANGER PLAZA 817,877,2824 600 WEST 6TH STREET",SUITE 300 EMAIL GGI S NTEMANGER.COM ORT WORTHj TEXAS 76,x,02-.,3685 817.8" 7'.2 800 MET 214 7 , 1 FAX,817,877,2807 December 19, 2013 Fob Worth Local, Development or orat c/o Danny Scarth President 100,0 Throckmorton Street Fort Worth, Texas 76102 Attention Sarah Ful enwide , City Attorney Ladies and Gentlemen, Thank you for contacting ( 'Attorneys"') pursuing claims ns Chesapeake ("Chesapeake"') and its affiliates ("'Total"), for underpayment of royalties due under various oil and gas leases to which the Fort Worth Local Development Corporation and Chesapeake and/or Total are Lessee or successor Lessee. We agree to represent the FWLDC against Chesapeake and Total for the purpose of recover"nunderpayment of royalties under the Leases and pursuing i " der those same Leases on a contingency tee basis. You agre e that we do, not and cannot guarantee a successful outcome of any c a While we plan to vigorously prosecute any claims FWLDC may have, you also acknowledge that the Attorneys fittle o trot over the a 1s o by a court of its docket and that dockets are generally crowded. legal In consideration of the services to rendered to the Attorneys, FWLDC assigns grants to the Attorneys as fees 33 % of any and all amounts or value received by FWLDC, whether by way of settlement, or judgment from a court. I addition, FWLDC agrees to pay from its, portion of any recovery the data expenses incurred by Attorneys. These include filing fees, court costs, deposi-Ition costs, costs for te " stify ing and consulting experts, discovery, and damage calcination costs, copying costs MIRITAS LAW FIRMS WORLDWIDE RECEIVED JAN 14 2014 Fort Worth Local Development Corporation December 19,20113 Page 2 of 3 (x,10 per page) and Attomeys' travel expenses. Because the claims against Chesapeake and Total are claims for which a court, may award attorneys' fees, if attorneys' fees are awarded and are greater than the amount owed under this contingency fee arrangement, FWLDC agrees to pay the attorneys the amount awarded by the court and colliected as the 91 attorneys' fees for the legal services rendered in lieu of one-third of any and all amounts or value received by FWLDC. In lieu of the proposed contingency fee arrangement, you understand, that Attu Sys could have been hired on an hourly basis and that an engagement on an, hourly basis would have required payment of fees regardless of whether or not FNVLD,C 'i's 4 MI successful in the pursuit of its claims and that a contingency, fee, 'if owed, may result in the payment of attorneys' fees that are greater than those that would have been paid 'if the matter had been handled on an hourly basis,. I Any offers of settlement will be promptly communicated to F and no settlement of FVVLDC's claims will be made without FV&DC's prior approval. FWLDC may discharge us as attorneys at any time. However, 1fFWLDC elects, to: discharge us as attorneys, it agrees that Atttarneys, will retain an interest in FWI.,L1C's claims as set forth in paragraph 1, provided we have not been discharged for malfeasance or negligence that materially damaged FWLD,C's claims, FWLDC acknowledges it has a copy of the Texas Lawyers Creed and understands that Attorneys are committed to abide by that Creed. The State of Bar 'investigates and Al prosecutes professional misconduct by Texas attorneys. Although not every complaint or dispute with an att involves professional misconduct, the Ot'ficc of General Counsel orney of the State Bar will provide information on how to file a complaint,. Please call 1-801O" 93249001 for mom,, 'Information. FWLI) agrees to cooperate with the Attorneys by making staff familiar with the Leases and the payment of royalties and records pertaining to those matters available to Attorneys upon reasonable notice. Please remember that most communications between City officials, and the Attorneys relating to the claims, against Chesapeake and Total are confidential and protected from disclosure by the attorney-client pnvxlege. That privilege can potentially be lost, and some or all communications between us may be discovered, if the communications are disclosed to a third party. Under, Texas and Federal Rules of Civil Procedure and Rules of Evidence, 'it 'I's critical to preserve potentially relevant information nformation once litigation is reasonably Fort Wort,Local Development Corporation December 19, 2013 Page 3 of 3 antic 0 ,ated or commenced because the failure to comply with those rules can 'have dire , IP consequences ('Including sanctions ranging from monetary penalties to much more severe penalties, 'including disr�issal of the action). If it has not already done so, i is essential, 01 A inforn�a�kia�a x P that F'V&DC immediately preserves until furthcr notice any pertaining to any issue, including 0 of the leases at all external or internal communicat ions conceming those lases. In the event you have not already issued. a litigation, hold in this matter, we request that YOU immediately do so. As part of that hold, please take care to discontinue any routine deletion or archival processes that might 'Inadvertently delete or destroy any electronic or other information. Please let me know zf you would like assistance In I Instituting a litigation hold. FWLDC agrees that Attorneys' communications, with FWLDC with respect to this matter shall be made through Sarah J. Fullenwider, City Attorney, and/or Gerald Pruitt, Deputy City Attorney. FWLLIC agrees that Attorneys may, at their sole discretion, engage or employ 1P a I other: attorneys, including John Cardwell, to work with Attom/ eys in connecuon with the engagement. Attorneys agree that all fees and expenses owed to such attorneys, including John Cardwell, will bE', the sole responsibiliy of Atorn ys and Mh a t FWLD,C shall have no responsibility whatsoever for such fees orexpenses. Th s Agreement contains all of the terms of the financial arrangement between FWT.DC and the Attorneys and can only be modified by a written document signed by an authorized representati've of F'WLDC and by the Attorneys,. xs The en a e ectiv, e Octobe-r 1, 2013. Fort girth GSA. velo... nt C9TpATat1Qn: 1X4 By* VMM z ............ W ....................... � Ralph H. Ltugglj ........................... President A� � �.� to Lorna. and legality: 01,7411c, Sarah , Fullen-widez ftorney Of Oft F O A Y� �� 60100 O f y Secretary 00 J. , Ci S