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November 27, 2004 <br />Page 6 of 6 <br />The exclusive remedy available to you shall be the right to pursue claims for actual <br />damages that are directly caused by acts or omissions that aze breaches by us of our <br />duties under this agreement, but any recovery on any such claims, including any costs <br />and attorneys' fees incurred in pursuing them, shall not exceed the fees actually paid <br />under this agreement by you to KDV. <br />We appreciate the opportunity to be of service to the City of Falcon Heights, Minnesota <br />and believe this letter accurately summarizes the significant terms of our engagement. If <br />you have any questions, please let us lrnow. If you agree with the terms of our <br />engagement as described in this letter, please sign the enclosed copy and return it to us. <br />Sincerely, <br />Kern, DeWenter, Viere, Ltd. <br />~~ <br />Matthew L. Mayer <br />Certified Public Accountant <br />RESPONSE: <br />. This letter correctly sets forth the understanding of the City of Falcon Heights, <br />Minnesota. <br />By: <br />Title: <br />Date: <br />• <br />~i <br />