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9. Applicant may, with PGandE's written consent, assign this <br />agreement if the assignee will, in writing, agree to perform Applicant's <br />obligations hereunder. Such assignment will be deemed to include, unless <br />otherwise specified therein in writing, all of Applicant's rights to any <br />refunds unpaid as of the date of the assignment. <br />10. Applicant hereby grants to PGandE a right -of -way over the <br />shortest practicable route for any gas distribution facilities which be <br />necessary to construct on Applicant's property for the purpose of making <br />delivery of natural gas service hereunder. <br />11. Delivery of natural gas hereunder by PGandE to Applicant shall be <br />at the outlet fitting of PGandE's meter. <br />12. All natural gas service shall be supplied hereunder in <br />accordance with PGandE's applicable rules as established from time to time by <br />PGandE and on file with the Commission. <br />13. Any rearrangement, relocation, repair of damage, addition to or <br />modifications of the Distribution System as shown on the sketch, after <br />commencement of construction, which may be required due to acts or omissions of <br />Applicant, its agents, employees, contractors or subcontractors, shall be paid <br />for on demand and in advance by Applicant. <br />14. In the event that Applicant elects to install the Distribution <br />System, Applicant shall indemnify PGandE, its officers, agents and employees <br />against all loss, damage, expense and liability resulting from injury to or <br />death of person, including, but not limited to, employees of PGandE or <br />Applicant, or injury to property, including, but not limited to, property of <br />PGandE or Applicant, arising out of or in any way connected with the <br />performance of this agreement, excepting only such loss, damage, expense or <br />liability as may be caused by the sole negligence or willful misconduct of <br />PGandE. <br />15. This agreement shall become effective on the date hereof and <br />shall remain in force for an initial term of three (3) years from and after <br />either (a) the date service is first established hereunder as recorded in <br />PGandE's meter records or (b) six (6) months subsequent to the date PGandE is <br />ready to supply service from the facilities installed hereunder, whichever <br />date shall be the earlier, and shall continue thereafter from month <br />to month unless terminated upon completion of the initial term or at <br />the end of any such subsequent contractural period by either party giving the <br />other thirty (30) days written notice of a desire to terminate. However, <br />PGandE shall have the right to discontinue service hereunder, upon reasonable <br />notice to Applicant, if Applicant, for any reason, fails to carry out any of <br />the terms of this agreement, and provided, further, that when the time for <br />refunds hereunder has elapsed, as provided in Rule Nos. 15 and 16, or all <br />amounts advanced to PGandE for excess footage have been refunded, whichever <br />first occurs, but not prior to completion of the initial three -year term, <br />Applicant, if then supplied from month to month, shall have the right to <br />discontinue service upon not less than two days notice. <br />16. All facilities installed by PGandE hereunder shall be and <br />remain the property of PGandE. <br />-3- 62 -4517 <br />