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Environmental Protection Agency. With Client's permission, however, Attorneys <br />may elect to appear at such administrative proceedings to protect Client's rights. If <br />Client wishes to retain Attorneys to provide any legal services not provided under <br />this Contract for additional compensation, a separate written agreement between <br />Attorneys and Client will be required. <br />6. FEES. Client will pay attorneys' fees to Attorneys as follows: <br />(a) CONTINGENCY FEE. The Parties agree that Attorneys shall be <br />compensated solely (except in the limited circumstances expressly provided <br />below) on a contingency fee basis. The contingency fee shall be based on <br />sixteen percent (16%) of any net settlement or net recovery that <br />Attorneys obtain for Client. Fees shall be based on a percentage of any <br />settlement or recovery after the deduction of any expense or cost, i.e., the <br />"net" recovery. Contingency fee rates are not set by law, but have been <br />negotiated. If no recovery is made, no fees will be charged or received by <br />Attorneys. The terms "net settlement" or "net recovery" shall include, <br />without limitation, the then present value of any monetary payments agreed <br />or ordered to be made by the Defendants or their insurance carriers as a result <br />of the Services, whether by settlement, arbitration award, court judgment <br />(after all appeals exhausted), or otherwise. Any attorneys' fee paid by <br />Defendants shall be included in calculating the gross recovery. To the extent <br />that Defendants pay, as part of a settlement, funds associated with monetary <br />relief provided by the Federal Emergency Management Agency (FEMA), <br />Client agrees that a pro rata fair share of attorneys' fees and costs will <br />be deducted from such funds. <br />i. "Net recovery," if by settlement, also includes (1) the then -present value <br />of any monetary payments to be made to the Client; and (2) the fair <br />market value of any non -monetary property and/or services to be <br />transferred and/or rendered for the benefit of the Client; and (3) any <br />attorney's fees and costs recovered by the Client as part of any cause of <br />action that provides a basis for such an award. "Recovery" may come <br />from any source, including, but not limited to, the adverse parties to the <br />Client and/or their insurance carriers and/or any third party, whether or <br />not a party to formal litigation. The contingent fee is calculated by <br />multiplying the net recovery by the fee percentage. This calculation <br />is performed on the net recovery amount after the deduction of <br />expenses or costs as provided below. <br />ii. Attorneys are not entitled to recover any fees or costs unless Attorneys <br />are successful in obtaining a net recovery on the Client's behalf as a <br />result of the Services. <br />iii. Attorneys agree that Client is not obligated to pay attorneys' fees from <br />any existing or future public fund or funds and that attorneys' fees will <br />3 <br />57 <br />