All time is measured portal to portal.

All work performed by an engineer and/or engineering assistant at Biomechanical Research Institute (BRI) including, but not limited to: file review, research, analysis, testing and/or travel during standard business hours (Monday-Friday 8:00 AM - 5:00 PM) will be billed at the current prevailing rate in quarter hour increments up to and including a verbal and/or written: report, analysis and/or finding. All work performed in preparation for, traveling to/from, and/or during an oral deposition and/or live trial testimony will be billed at a rate of (the current prevailing rate + $100.00/hour). As of January, 2010, the prevailing rate is $300.00 per hour (per lead engineer and/or assistant engineer).

• All work performed by BRI, its engineers and/or engineering staff outside the aforementioned standard business hours may be subject to a premium rate of two times the current prevailing rate for standard business hours.
• All work performed by BRI, its engineers and/or engineering staff requiring a verbal turnaround time of less than three (3) business days may be subject to a rush verbal file fee of $2500.00. All work requiring a written turnaround time of less than three business days may be subject to a rush written file fee of $5000.00.
• Trips requiring overnight stays will be billed for time spent between 8:00 AM and 5:00 PM or such greater time as is actually worked and/or traveled.
• All expenses incurred by BRI, its engineers, engineering staff, administrative staff and/or its contract subsidiaries are in addition to the aforementioned hourly rates and will be billed at cost.
• Personal automobile mileage charges accrued by an engineer, an engineering associate and/or an engineering assistant are billed at the federally allowable rate. If a rental vehicle is used during any portion of the BRI employee’s time away from the office, these charges will not apply for the duration of miles driven in the rental vehicle.
• All additional file-related costs including, but not limited to color copies, binding, photographic materials, finishing & development, and subsequent reproduction costs will be billed at cost.

The client is responsible for paying all fees and expenses of the engineer related to the engagement. This responsibility shall include activities conducted in response to discovery efforts by other involved parties.

The client is responsible for lost and/or wasted time and/or expenses in the event of a cancellation, whether the cancellation is caused by the client or by other involved parties.

Fees and expenses will be billed to the file as time and/or expenses accrue unless other arrangements are made with the lead principal engineer.

Payments for invoices shall be due and payable upon the date of each such invoice. Any balance outstanding for more than thirty (30) days of the invoice shall be deemed delinquent and subject to late payment fees, penalty fees, and/or interest charges. BRI reserves the right to charge a late fee of one and one-half percent (1½%) per month, or fraction thereof, on all invoices not paid within thirty (30) days of submittal. The client shall pay any and all collection costs, including engineers' time and expenses and any legal fees and costs, plus appellate fees, incurred by BRI in connection with the collection of its account.

Unless expressly agreed by the lead principal engineer in writing, any cost estimates for services whether oral or written, are for the client's budgeting purposes only and are not quotes which are binding on the engineer.

Rates are subject to change on a calendar year basis. Once a rate change is implemented at BRI, all new and currently-open files will be charged at the new rate(s), effective immediately, with or without notice to the client.

Variable non-refundable retainers may be required for new clients. In the event a retainer is required, the retainer will be held until the conclusion of the file and at that time will be credited against the final bill. Unused funds will not be returned.

Any and all documents submitted for, or in response to, this assignment shall be deemed privileged and shall remain with this file and shall not be disseminated and/or distributed without the express written consent of BRI. These documents include, but are not limited to: resumes, curriculum vitaes, BRI rate schedules, BRI reports, BRI memorandums, BRI technical analyses and/or research articles.

If BRI and/or it’s engineers or engineering assistants are designated as consulting and/or testifying experts prior to being contacted and/or retained by the designating party, a designation fee of no less than $5000.00 may be incurred to the file. This designation fee must be paid prior to any work commencing on the file.

These Conditions of Professional Engagement shall be interpreted according to the laws of the State of Texas.