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III. COMPENSATION AND METHOD OF PAYMENT <br />In consideration of the undertakings and agreements on the <br />part of APPRAISER to be done and performed as contained in this <br />Agreement, CITY agrees to pay to APPRAISER upon completion by <br />APPRAISER of services to be provided hereunder and the submission <br />to CITY of properly certified invoices therefor, a fee determined <br />as follows: <br />1. For appraisal services and reports furnished by <br />APPRAISER in accordance with Article I., D., 1., hereof and <br />accepted by CITY, and for all other services furnished in <br />accordance with Article I., D., hereof, except services furnished <br />in connection with judicial proceedings as provided in Article <br />I., D., 5., hereof and the updating of appraisals as provided in <br />Article I., D., 6., hereof, CITY agrees to pay APPRAISER the sum <br />of Seven Thousand Five Hundred dollars ( $7,500.00). APPRAISER <br />shall be paid for valuation for goodwill, if APPRAISER actually <br />values the goodwill loss pursuant to direction of CITY at the <br />hourly rate specified in subparagraph 2 below but in no event to <br />exceed the total sum of Ten Thousand dollars ( $10,000.00), for <br />all services rendered in connection with this agreement. <br />2. For services furnished by APPRAISER in connection <br />with judicial proceedings as provided in Article I., D., 5., <br />hereof, (except services as an expert witness in such a <br />proceeding), for the updating of appraisals as provided in <br />Article I., D., 6., hereof, dollars (" <br />per hour actually engaged in performing the services, including <br />travel time, portions of hours to be prorated. Any and all <br />expenses of APPRAISER, including, but not by way of limitation, <br />travel expenses and subsistence, shall be borne by APPRAISER. <br />3. For services as an expert witness for CITY in <br />judicial proceedings as provided in Article I., D., 5., hereof, <br />with respect to any property appraised by APPRAISER pursuant to <br />this agreement, the sum of dollars ($ ) for each full <br />day's attendance in court. In the event such attendance shall be <br />one-half day or less, compensation shall be made at the rate of <br />dollars ($ <c) <br />IV. TERMS AND CONDITIONS <br />A. Representations and Agreements of APPRAISER <br />As an inducement to the execution of this agreement by <br />CITY and in consideration of the agreements to be performed by <br />CITY, APPRAISER represents and agrees that: <br />1. Qualifications <br />APPRAISER is qualified to perform the services to be <br />furnished under this agreement and is duly authorized or <br />-11- <br />