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procure from the owners thereof in the name of PGandE, all necessary permanent <br />rights of way and easements for the construction, operation, maintenance and <br />replacement of the Distribution System upon such property in a form satisfactory <br />to PGandE and without cost to it'. <br /> <br /> 9. City shall make any payment to PGandE hereunder only from the <br />proceeds of assessments levied and bonds 'sold in the assessment district pro- <br />ceedings. There shall be no liability upon City to make such payment from any <br />other source of funds. PGandE shall not be obligated to Proceed hereunder until <br />sufficient funds have been made available and all payments to be made to PGandE <br />have been~made. <br /> <br /> 10. PGandE shall not be responsible for any delay in either the per- <br />formance of City's or Owner's obligations under this agreement or completion <br />of the Distribution System by PGandE resulting from shortage of labor or <br />materials, strike, labor disturbance, war, riot, weather conditions, governmental <br />rule, regulation or order, including orders or judgments of any court or com- <br />mission, delay in obtaining necessary rights of way, act of God, or any cause <br />or condition beyond the control of PGandE. PGandE shall have the right, in the <br />event it is unable to obtain supplies, material or labor for all of its construc- <br />tion requirements, to allocate materials-and labor to construction project which <br /> <br />5: <br /> <br /> <br />