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3. The fee provided for herein does not include out- <br />of-pocket expenses of Second Party for transportation, communica- <br />tion or other out-of~pocket expenses, or for any services in con- <br />nection with litigation. <br /> <br /> 4. Secohd Party shall receive. as compensation for the <br />~ervices herein agreed to be provided the sum of three per cent <br />(3%) of the first $1,500,000.00 of project cost, plus two per'cent <br />(2%) of the next $1,000,000.00 of project cost, and one per cent <br /> <br />(1%) of the balance over and above $2,500,000.00 of the project costs. <br />"Project Cost" is defined to include construction costs, acquisition <br />costs, utility deposits and contingency funds asshown on the final <br />Engineer's Report and Estimate of Cost approved by First Party and <br />on file in the proceedings at the time of confirmation 0f the assess- <br /> <br />ment district. <br /> <br />to wit: <br /> <br />(a) <br /> <br />(b) <br /> <br />Said compensation shall be payable in <br /> <br /> "Project Cost" shall not include: <br />Incidental expenses; <br /> <br />The amount of any bond discount. <br /> <br />(a) <br /> <br />(b) <br /> <br />the following manner, <br /> <br />95% shall be payable upon receipt of the proceeds of <br />assessments levied and bonds issued in said proceedings; <br /> <br />5% shall be payable upon acceptance of the work. <br />At the time of this final payment, the "Project Cost" <br />hereinabove referred to, shall be revised to reflect <br />the total actual amount expended for construction costs <br />and acquisition costs , and the fees shall be adjusted <br />in accordance therewith. <br /> <br />The fee herein provided for shall not include any <br /> <br />services in connection with acquisition of rights-of-way or proceed- <br />ings in eminent domain. Any services rendered by Second Party in <br />connection with the acquisition of land for rights-of-way or eminent <br />domain proceedings, including all costs in connection with such <br />acquisitions, shall be paid for in addition to fees herein provided <br />for, and shall be payable in the same manner as other fees. <br /> <br /> 6. Second Party certifies that it has no interest, either <br />direct or indirect, in any property or matter involved in the <br /> <br /> <br />