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e. Second Party agrees that there shall be included <br /> in the amount of the fee provided to be paid <br /> opinion to the purchaser or purchasers of bonds <br /> which may be issued in the proceedings. <br /> <br /> 3o 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 <br />connection with litigation. <br /> <br /> 4. Second Party shall receive~as compensation for <br />the services herein agreed to be provided the sum of three per <br />cent (3%) of the "project cost,"as shown on the Engineer's <br />Estimate of Cost on file in the proceedings at the time of the <br />confirmation of the district. "Project Cost" is defined to include <br />construction costs, acquisition costs, utility deposits and contin- <br />gency funds. It shall not include incidental expenses or bond <br />discount, but in no event shall said compensation be less than <br /> <br />$1,500.00. <br /> <br /> 5. The fee herein provided for shall not include any <br />services in connection with acquisition of rights-of-way or pro- <br />ceedings in eminent domain. Any services rendered by Second <br />Party in connection with the acquisition of land for rights-of- <br />way or eminent domain proceedings, including all costs in connec- <br />tion with such acquisitions, shall be paid for in addition to fees <br /> <br /> and shall be payable in the same manner as <br /> <br />herein provided for, <br />other fees. <br /> <br /> 6. In the <br /> <br /> event said proceedings are not carried through <br />to conclusion, or shall be abandoned, then Second Party shall re- <br />ceive nothing. <br /> <br />IN WITNESS I~{EREOF, the parties hereto have hereunto <br />subscribed their names, First Party by the Mayor of said City of <br /> <br /> <br />