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B U S H I Ai \ OO E S SYS AT L A W Indian River County Board of County Commissioners September 28 , 2010 Page 3 received by us from third party vendors of services or goods for the benefit of the Client . The Client will be responsible for making such direct payments in a timely fashion. We bill monthly throughout an engagement for a particular matter and our monthly statements are due when rendered. If our monthly statements are not paid when due, we reserve the right to discontinue services until the account is brought current . We are entitled to attorneys ' fees and costs if collection activities are necessary . We may require a retainer at any time, which we will apply to any unpaid fees or costs or as we may otherwise agree with the Client . Any unused portion of a retainer is fully refundable when our representation is completed or terminated. 4 . Advance Waiver of Potential Conflicts of Interest . Bush Ross represents and in the future will represent many other clients . Some may be direct competitors of the Client or otherwise may have business interests that are contrary to the Client ' s interests . It is also possible that, during the time we are representing you, an existing or future client may seek to engage us in connection with an actual or potential transaction or pending or potential litigation or other dispute resolution proceeding in which such client ' s interests are or potentially may become adverse to the Client ' s interests . Bush Ross cannot enter into this engagement if it could interfere with our ability to represent existing or future clients that have interests adverse to the Client . We therefore ask you to confirm that Bush Ross may continue to represent or may undertake in the future to represent any existing or future client in any matter (including transactions , litigation or other dispute resolutions) , even if the interests of that client in that other matter are directly adverse to Bush Ross ' representation of the Client, as long as that other matter is not substantially related to this or our other engagements on behalf of the Client . Specifically, we request that the Client agree that (a) no engagement that we have undertaken or may undertake on behalf of the Client will be asserted by the Client either as a conflict of interest with respect to , or as a basis to preclude, challenge or otherwise disqualify Bush Ross from , any current or future representation of any client in any matter, including without limitation any representations in negotiations , transactions , counseling or litigation adverse to the Client, as long as that other matter is not substantially related to any of our engagements on behalf of the Client, (b) the Client has been advised by Bush Ross , and has had the opportunity to consult with other counsel, with respect to the terms and conditions of these provisions and the Client ' s prospective waiver, (c) the Client ' s consent to these provisions is both voluntary and fully informed , and (d ) the Client intends for its consent to be effective and fully enforceable, and to be relied upon by Bush Ross . "b 845450 .2