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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 />
<br /> lO. Applicant hereby grants to PGandE a right-of-way over the
<br />shortest practicable route for any gas distribution facilities which may be
<br />necessary to construct on Applicant's property for the purpose of making
<br />delivery of natural gas service hereunder.
<br />
<br /> ll. Delivery of natural gas hereunder by PGandE to Applicant shall be
<br />at the outlet fitting of PGandE's meter.
<br />
<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 />
<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, ~hich 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 />
<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 />
<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 ~ervice 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 a~
<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 />
<br /> 16. All facilities installed by PGandE hereunder shall be and
<br />remain the property of PGandE.
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