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3. The fee provided for <br />of-pocket expenses of Second Party <br /> <br />herein does not include out- <br /> <br />for transportation, communica- <br /> <br />tion or other out-of-pocket expenses, or for any services in con- <br />nection with litigation. ' <br /> <br />4. Second Party shall receive as compensation for the. <br /> <br />services herein agreed to be provided the sum of three per cent <br /> <br />[3%) of the first $1,500,000.00 of project cost,- plus two per cent <br /> <br />(2%) of the next $1,000,000.00 of project cost, and one per ce~t <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 />Engi~eer's Report and Estimate of Cost approved by First Party and <br /> <br />on file in the proceedings at the time of confirmation of the assess- <br /> <br />ment district. <br /> <br /> (a) <br /> <br />"Project Cost" shall. not include: <br />Incidental ~xpenses; <br /> <br /> (b) The amount of any bond discount. <br /> <br /> Said compensation shall-be payable in the following manner, <br /> <br />to wit: <br /> <br /> {a) 95% shall be payable upon receipt of the oroceeds of ' <br /> assessments levied and bonds issued in said proceedings; <br /> <br /> (b) 5%'shall be payable upon acceptance of the work. 2' <br /> At t~he 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 /> s. The fee herein provided for shall not include any <br /> <br />services in conneotion with acquisition of rights-of~waF 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 ~inen~ <br />domain proceeding~ includin~ all costs in connection wi~ <br /> <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 /> <br />direct or indirect, in any property or matter involved in the <br /> <br /> <br />