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DLA PIPER apa
Governor Jomes Bunn
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February 12, 2018
‘The Honorable John Engler
President
‘Michigan State University
220 Trowbridge Road
East Lansing, MI 48824
Re: Engagement and Confli: Waiver Letter for Legal Services ~ Congressional Government
Aflairs
Dear Governor Engler:
‘We are pleased that Michigan State University (the “Client” or “you” or “MSU") is engaging
DLA Piper LLP (US) ("DLA Pipe,” “we,” or the "Fim") to represent it in conneetion with
‘congressional government affairs matters (the “Mattr”)
Under this engagement, we would represent MSU before the United States Congress and its
‘committees. In such work, the Firm shall deliver its services in accordance with Client's
instructions. However, if instructed by Client in writing, Firm will perform the relevant
assignment under the direction of Client's counsel. The Firm understands Client and Client's
‘counsel may provide the Firm with certain information and materials developed in anticipation
‘of litigation that may be protected by the attorney-client privilege and/or the work product
doctrine. The Firm agrees to treat such materials as confidential and subject to privilege.
‘We will also be available to serve as advisors to you with respect to litigation, compliance, and
policies of a general nature affecting MSU, its students its alumi, and its faculty,
General Terms
This agreement shall be in effect fora one-year period from February 1, 2018 through January
31, 2019, unless otherwise terminated,
‘The terms and conditions set forth in the Terms of Service accompanying this letter are
incorporated herein with the exception of any terms and conditions herein that diffe from those
in the Terms of Service. Where the terms and conditions differ, this letter shall contro.
| will be responsible for and actively involved inthe Matter, and T will supervise the work of |
‘more than 20 professionals in ou federal law and policy practice, We have previously provided
to you brief biographies of those individuals and mote general descriptions of the practice groupThe Honorable John Engler
Michigan State University
February 12, 2018
Page Three
and its relevant experience. Additional lawyers, including those in other practice areas, will be
added tothe Matter on an as-needed basis,
‘Fees and Expeases
“MSU will pay fixed fees of $25,000 each month for services rendered in connection with this
‘Matter. It is understood that in the event a congressional committee or aubcommitte initiates &
{formal investigation of MSU, or if MSU is required to testify at @ congressional hearing, the
Firm's work on such matters would be billed separately ftom the monthly retainer, on an hourly
basis or otherwise as mutually agreed.
‘We will submit statements on a monthly basis. Upon the Fizm’s receipt ofthe monthly fixed fee,
the funds are the property ofthe Firm and willbe placed in the Firms operating account, notin a
client trust account. The fat that you have made payment in advance does not affect your right
to terminate the client-awyer relationship. In the event our relationship is terminated before the
agreed-upon legal services have been completed, you may have a righ to a refund of @ portion of
the fee. Payment is due thirty (30) days following the invoice date. We reserve the right to
assess and collec late payment charges at the rate of 10% per yeat on past due accounts.
ur billing statements will include charges and disbursements incurred by us inthe course of
providing servis. These items willbe billed in accordance with our standard practice, as
described in the attached summary, which may be periodically updated. You are solely
responsible to pay certain costs directly to outside service providers, such as consultant or expert
‘witness fees and expenses, and outside suppliers or contractors’ charges. Payment forall charges
and disbursements incurred is due promptly upon receipt.
Ifthe terms ofthis leter ae satisfactory, please sign the consent form below and return ito me.
In the event that you do not sign the letter and return it within ten (10) days from the date ofthis
letter, please not that your instructing us or continuing to instruct us ona particular matter will
constitute your fall acceptance ofthe terms set out in this letter.The Honorable John Engler
Michigan State University
February 12, 2018
Page Three
‘Very truly yours,
holon
Piper LLP (US)
James J. Blanchard
Partner
Admitted to practice in the District of Columbia and Michigan
have read the above engagement and conflict waiver letter and agree and accept the terms and
‘conditions set forth therein.
pu, 2-/2- 2018
MICHIGAN yes wy
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ae_Vice fresidaat fy Fotante nna TreasurerDLA Piper LP (US)
Gient-Retmbursable Expenses and Other Charges
‘Etctive January 1, 2017
DUA Piper LLP (US) bls cents for reasonable charges and disbursements Incurred a connection wth a
‘ater. Cents ae biled for disbursements bases on the actual cost bled by the vendor o, 8s need
below, at ates below or comparable outside vendor charges.
Research Services. The Firm has bul lta rales which enable lawyers to perform
any research functions without incuring any addtional expenses. ‘These functons ine pling
esses, cour fngs and aw reviews and reading treaties in digital format. Only complex research
Fequeing the use of Lexis or Westiawiniistes an addtional cost to the cent The Frm hes negotiated
‘substan discounts for auch services which are passed onto cients at cost.
|, Duplication. Photocopying services (nudng copying, collating, tabbing and
‘inging) performed in-house are charged at $0.15 par page. Color photoccples or pints are charged at
$8.95 per page. Photocopying projects performed ty outside vendors ae bled at the actual nvcice
amount,
co r sument Mi Eleitonc Data obtained frm the cent wi
be processad (2g, sesnnng, CD/DVD creation le conversion) by the Fim’sLitgalion Support staf and
bite at te current Fim rates, or other sent negoiated rates. Should the cient aret tat the wrk be,
_erformed by an outside third pat, the costo the cnt eth actual mvoioe ammount and wi be bled
‘ect by the thd party tothe cent iper ection VI below)
Hosting of electronic data internally bythe Fm, in excess of 10 ggabylee, wil be bled at $18 por
igabye per month. If rected bythe cient that data hosting be performed by an outside tra party, the
ost fo the cent the actual invlee amount and wll e tiled decty by te hed ary to he chen por
‘ection V below),
|v, Travel Expenses. Travel expenses ae bled at actual cost and incu ar rr travel,
‘mileage, lodging, meas, car ental ta or car service, ips and other reasonable miscelangous costs,
‘assonated wit ravel. Corporate andor negotiated eiscounted rates ae passed on othe lent. Certain
retrospective rebates may nat be pasted along.
\V. Postage and Courier Services. Outside messenger and express couter services are
‘charged atte actual vendor invoice amount. The Fm negotates, uses, and passes long volume,
lscauntretes whenever practicable. Nhere the Frm uses In-house messenger, there isa standard
transaction charge.
vw. ct Pay ents of Major disbursements incured in
Connection wth a matter vl be pad drecty by the chant. Examples of such major dsbursements that
Cents ull pay srecty inchs
Professional Fees (icuding dsbursemens for local counsel, accountants, winesses and other
professionals)
Fing/Court Fees (aciuding disbursements fr agency fees for fing documents, standard witness
fees, juror foes)Transcrpton Fens (ecsing disbursements for outside tancoibng agencies and