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risks under the Stafford Act and responding to any subpoenas issued to Client that <br />relate to the Marshall Fire. Attorneys shall provide all legal services reasonably <br />required to represent Client in connection with the Action, and shall take reasonable <br />steps to keep Client informed of progress and to respond to Client's inquiries. <br />Client shall be truthful with Attorneys, cooperate with Attorneys, and keep <br />Attorneys informed of developments. Attorneys shall be truthful with Client, <br />cooperate with Client, and keep Client informed of developments. <br />4. CLIENT RETAINS DECISION MAKING AUTHORITY. Client retains <br />complete control of all decisions in the Action. Client in no way assigns its <br />prosecutorial discretion to Attorneys and retains all of its inherent powers related <br />to prosecutorial discretion, judgment, control and decision making related to the <br />Action. This authority and controls include but are not limited to: <br />(a) Decisions regarding settlement of the Action are reserved exclusively to the <br />discretion of the Client's City Council, as communicated directly to the <br />Attorneys by the City Manager or the City Attorney's Office. <br />(b) Any of the Defendants that is the subject of the Action may contact the City <br />Attorney directly, without first having to confer with or get permission to <br />do so from Attorneys; <br />(c) The Client's City Council, through the City Attorney, will retain complete <br />control over the course and conduct of the Action; <br />(d) The City Attorney retains veto power over any decisions made or proposed <br />to be made by Attorneys; and <br />(e) A member of the City Attorney's Office having expressly delegated or <br />designated supervisory authority may and shall be personally involved in <br />overseeing the Action and participating in all significant legal decisions. <br />(f) Attorneys shall provide all significant written court briefing and other <br />submittals to the City Attorney's Office for review reasonably in advance <br />of the filing or delivery deadline to allow for meaningful review and editing. <br />These provisions are not meant to be exhaustive, and the parties agree that at all <br />times related to the Client's interest in the litigation will remain vested in the City <br />Attorney. It is the intent of the parties that this paragraph be construed broadly to <br />effectuate the parties' intent that the City Attorney does not assign her prosecutorial <br />discretion to Attorneys and that City Attorney retains all control over the course <br />and conduct of the Action as they relate to the Client's interests and that City <br />Attorney's have the final decision -making authority over all aspects of the litigation <br />strategy as it relates to the Client. <br />5. LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in <br />writing by Client and Attorneys, Attorneys will not provide legal services with <br />respect to (a) defending any legal proceeding or claim against the Client <br />commenced by any person or (b) proceedings before any federal or state <br />administrative or governmental agency, department, or board including, but not <br />limited to, the United States Environmental Protection Agency and the Colorado <br />2 <br />56 <br />