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Disclaimer

NEW YORK INSERT TO ENGAGEMENT LETTERS

Dispute Resolution Procedures

We and you agree that in the event a dispute should arise as to our fee for legal services, we and you will resolve the fee dispute by arbitration conducted pursuant to Part 137 of the Rules of the Chief Administrator of the Courts (22 NYCRR), except that we and you agree to be bound by the decision of the arbitrator(s) and agree to waive our respective rights to reject the arbitrator(s)’ award by commencing an action on the merits (trial de novo) in a court of law within 30 days after the arbitrator(s)’ decision has been mailed.

By signing this letter, we and you acknowledge that we and you have received and read the official written instructions and procedures for Part 137 and the written instructions and procedures for the Joint Committee on Fee Disputes and Conciliation housed at the New York County Lawyer’s Association. Copies of which can be accessed from our Website at ___________. We and you understand that neither is required to agree to waive its rights to seek a trial de novo under Part 137. The agreement does not foreclose your and our attempting to resolve any fee dispute at any time through voluntary mediation.

In connection with any dispute involving fees or expenses, neither we nor you will seek relief from any court except to enforce the arbitration award. If for any reason this arbitration procedure is unavailable, then we and you agree that any litigation will be commenced only in the United States District Court for the Southern District of New York (or if that Court has no jurisdiction over the matter, in the Supreme Court of New York County) and you consent to the exclusive jurisdiction of that court.