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C. The overhead facilities to be removed and the Electric Facilities to be <br />installed are to be constructed by PGandE. <br /> <br /> D. The ownership of the Electric Facilities and a portion of the Street <br /> <br />Lighting Service Facilities shall vest in PGandE, as authorized by the provisions of <br /> <br />Sections 5896.9, 10109, 10110 and 10111 of the Streets and Highways Code of the State <br /> of California. <br /> <br /> NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: <br /> <br /> 1. PGandE, upon fulfillment of City's obligations under Sections 2 and 3, <br />shall furnish and install the remainder of the Electric Facilities as shown on <br />Exhibit "A", in accordance with Section B of its Electric Rule No. 20 (Electric <br />Conversion Rule), a copy of which is attached hereto and made a part hereof. PGandE <br />shall also remove the existing overhead electric facilities owned by PGandE in the <br />District as shown on Exhibit "A". PGandE shall not be required, however, to <br />discontinue overhead service to any customer until such customer shall have <br />rearranged his electric facilities to enable him to take underground service. PGandE <br />shall be excused from any delay in performing any of its obligations hereunder <br />occasioned by the failure of any customer to do so. <br /> <br /> 2. City shall pay PGandE, prior to the furnishing of any work or materials <br />relating to the portion of the Electric Facilities described in Section 1 hereof, the <br />nonrefundable sum of $253,150 for the removal of the existing overhead facilities and <br />their replacement with underground facilities as provided in Section B of the <br />Electric Conversion Rule {see Appendix for detail of all charges). <br /> <br /> -~- <br /> <br /> <br />