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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 /> <br />the services herein agreed to be provided the sum of three per <br />cent (3%) of the cost of construction, including acquisitions, <br />and contingencies but in no event shall said compensation be less <br />than Fifteen Hundred Dollars ($1,500.00). <br /> <br /> 5. The fee herein provided for shall not include any <br />services in connection with acquisitf0n 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 />herein provided for, and Shall be payable in the same manner as <br />other fees. <br /> <br /> 6. ~n the 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 WHEREOF, the parties ,hereto have hereunto <br /> the Mayor of said City of <br /> the day and year in this, <br /> <br />subscribed their names, First Party by <br />Pleasanton, attested by its City Clerk <br />agreement first above written. <br /> <br />CITY OF PLEASANTON, a municipal <br />corporation <br /> <br />ATTEST: By <br /> <br />City Clerk <br /> <br />Mayor <br /> <br />"FIRST PARTY" <br /> <br />STURGIS, DEN-DULK, DOUGLASS & ANDERSON <br /> Spmcial Bond~Conn~l <br /> <br />"SECOND PARTY" <br /> <br /> <br />