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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 />wWich may be issued in the proceedings. <br /> <br />The fee provided for herein does not include <br /> <br />services <br /> <br />out-of-pocket expenses of Second Party for transportation, <br />communication or other out-of-pocket expenses, or for any <br />in 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 <br />per cent {3%) of the cost of construction, including acquisitions, <br /> <br /> and contingencies but in no event shall said compensation be <br /> less than Fifteen Hundred Dollars ($1,500.00). <br /> S. The fee herein provided for shall not include <br /> any services in connection with acquisition of rights-of-way <br /> or proceedings in eminent domain. Any services rendered by Second <br /> Party in connection with the acquisition of land for rights- <br /> of-way or eminent domain proceedings, including all costs in <br />-connection with such acquisitions, shall be paid for in addition <br /> to fees herein provided fo'r, and shall be payable in the same <br /> manner as other fees. <br /> 5. In the event said proceedings are not carried <br /> through to conclusion, or shall be abandoned, then Second Party <br /> shall receive nothing. <br /> IN WITNESS WHEREOF, the par.ties hereto have hereunto <br /> subscribed their names, First Party by the Mayor of said City of <br /> <br />Pleasanton, attested <br />this agreement first <br /> <br />ATTEST: <br /> <br />City Clerk <br /> <br />by its City Clerk the day and year in <br />above written. <br /> <br /> CITY OF PLEASANTON, a municipal <br /> corporation <br /> <br /> Mayor,.// <br />"FIRST'PAY" <br /> <br />STURGIS, DEN-DULK, DOUGLASS ~ ANDERSON <br /> Special Bond Counsel <br /> <br />By <br /> <br />"SECOND PARTY" <br /> <br />-2- <br /> <br /> <br />