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2. City shall convey or cause to be conveyed to <br />Pacific, in a form satisfactory to Pacific, such easements, <br />rights of way or other rights as are necessary to permit Pacific <br />to install and maintain its Facilities in new and/or temporary <br />locations, or, if agreed that Pacific should acquire said <br />easements, rights or way or other rights, City shall reimburse <br />Pacific for all costs incurred by it in acquiring the easements, <br />rights of way or other rights. <br /> <br /> 3- Pacific shall perform the work hereunder <br /> <br />substantially in accordance with Pacific's plans and <br />specifications; provided, however, that (a) necessary right of <br />way has been acquired in accordance with paragraph 2 herein. <br /> <br /> 4. Pacific shall not be deemed in default of this <br /> <br />agreement to the extent that any delay or failure in the <br />performance of its obligations results from any cause beyond its <br />reasonable control such as shortage of labor or materials, <br />strikes, labor disturbances, war, riots, weather conditions, <br />governmental rules, regulations or orders, including orders or <br />judgments of any court, acts of God, or any other cause or <br /> <br />condition of like or unlike characteristic, which is beyond the <br />control of Pacific. In the event of any such excused delay, the <br />time for performance shall be extended for a period equal to the <br /> <br />time lost by reason of the delay. Pacific shall have the right, <br />in the event it is unable to obtain supplies, materials, or labor <br />for all of its construction requirements, to allocate materials <br />and labor to construction projects which, in its sole discretion, <br />it deems most important to serve the needs of its applicants or <br /> <br /> - 2 ~ <br /> <br /> <br />