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RES 86298
City of Pleasanton
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RES 86298
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8/1/2012 2:23:02 PM
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12/15/1999 12:32:51 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/1/1986
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14. PGandE shall, subject to all of the terms and conditions <br /> <br />hereof, operate and maintain the Electric Facilities. Electric Relocation- <br />Facilities and a portion of the Street Lighting Facilities and provide <br />electric service in accordance with PGandE's applicable rates and rules <br />established by PGandE, from time to time, and on file with and authorized <br />by the Commission. <br /> <br /> 15. PGandE shall not be responsible for any delay in construction <br /> <br />of the Electric Facilities and Electric Relocation Facilities resulting <br />from shortage of labor or materials, strikes, labor disturbance, war. <br />riots, weather conditions, governmental rule, regulation or order, <br />including orders or Judgments of any court or commission, delays in <br />obtaining necessary rights of way, act of God or any cause of conditions of <br />like or unlike characteristics which is beyond the control of PGandE. <br />PGandE shall have the right, in the event it is unable to.obtain supplies, <br />materials or labor for all of its construction requirements, to allocate <br />materials and labor to construction projects which, in its sole discretion, <br />it deems most important to serve the needs of its customers. and delay in <br />construction hereunder resulting from such allocation shall be deemed a <br />cause beyond PGandE's control. <br /> <br /> 16. (a) In the event that City has not completed its obligations <br />under this agreement within twelve (12) months following the date of this <br />agreement, and PGandE is unable to proceed hereunder, PGandE shall have the <br />right to terminate and/or supersede this agreement upon thirty (30) days' <br />written notice to City and to calculate and charge to City any refundable <br />or nonrefundable amounts that may be due based on that portion of the <br />distribution system then completed, utilizing the estimated costs developed <br />by PGandE for this agreement. City agrees to reimburse PGandE for such <br />charges. The superseding agreement, if any, shall be in the same form as <br /> <br /> -5- <br /> <br /> <br />
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