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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. SecoRd Party shall receive as compensation for the <br />services herein agreed to be provided the sun 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 as shown on ~he 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 of the assess- <br /> <br />ment district. <br /> <br /> (a) <br /> <br /> (b) <br /> <br /> Said compensation shall be payable <br /> <br />to wit: <br /> <br /> "Project Cost" shall not include: <br /> <br />Incidental ~xpenses; <br /> <br />The amount of any bond discount. <br /> <br /> in the following manner, <br /> <br />(a) <br /> <br />(b) <br /> <br />95% shall be payable upon receipt of the proceeds of <br />assessments levied and bonds issued in said proceedings; <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 /> 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 /> t <br /> <br />The fee herein provided for shall not include any <br /> <br />-2- <br /> <br /> <br />