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~ <br />~ <br />1378 <br />(6) Any legal fees or other cost for preparing a claim for a relocation <br />payment or for representing the claimant before the Agency; or <br />(7) The cosi of moving any structure or other real property improvement in <br />which the displaced person reserved ownership. (This does not, <br />however, preclude the computation under Paragraph 3-3d(5)); or <br />(8) Costs for storage of personal property on real property already owned <br />or leased by the displaced person before the initiation of negotiations. <br />c. Limited Eligibiliri. <br />(1) The cost of physical changes to the real property is ineligible, except as <br />provided in Paragraph 4-2a(3) and Paragraph 4-3. <br />(2) The purchase of capital assets (e.g., office furniture, filing cabinets, <br />machinery or trade fixtures), manufacturing materials, production <br />supplies or product inventory, is ineligible, except as provided in <br />Paragraph 4-2a: <br />(3) Interior or `' e~erior ``refurbisHments which are solely for aesthetic <br />purposes are ineligible, except as provided in Paragraph 4-3b(5). <br />4-5. FIXED PAYMENT (ALTERNATIVE ALLOWANCEl TO BUSINESS OR FARM. <br />a. Business 49 CFR 24.306f all:" <br />(1) Eligibilitv Conditions. A displaced business is eligible to choose a fixed <br />payment under this Paragraph, as an alternative to the payment under <br />Paragraph 4-2, if the Agency determines that: <br />(a) The business either (i) discontinues operations, or (ii) it relocates <br />but is likely to incur a substantial loss of its existing patronage <br />(measured in terms of clientele or net earnings~at the discretion <br />of the Agency). A business is assumed to meet this test unless <br />the Agency determines that it will not suffer a substantial loss of <br />its existing patronage; and <br />(b) The business is not part of a commercial enterprise having more <br />than three other entities which are not being dispiaced by the <br />4-7 9/90 <br />