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9. PGandE shall, subject to all of the terms and conditions <br />hereof, operate and maintain the Gas Facilities and provide gas service in <br />accordance with PGandE's applicable rates and rules established by PGandE, <br />from time to time, and on file with and authorized by the California Public <br />Utilities Commission (Cemmission). <br /> <br /> 10. (a) PGandE shall not be responsible for any delay in <br />construction of the Gas Facilities resulting from shortage of labor or <br />materials, strikes, labor disturbance, war, riots, weather conditions, <br />governmental rule, regulation or order, including orders or judgments of any <br />court or commission, delays in obtaining necessary rights of way, act of God, <br />or any cause or condition of like or unlike characteristic which is beyond the <br />control of PGandE. PGandE shall have the right, in the event it is unable to <br />obtain supplies, materials or labor for all of its constructioR requirements, <br />to allocate materials and labor to construction projects which, in its sole <br />discretion, it deems most important to serve the needs of its customers and <br />delay in construction hereunder resulting from such allocation shall be deemed <br />a cause beyond PGandE's control. <br /> <br /> (b) 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 or <br />nonrefundable amounts that may be due based on that portion of the Gas <br />Facilities then completed, utilizing the estimated costs developed by PGandE <br />for this agreement. City agrees to reimburse PGandE for such charges. The <br /> <br /> 4: <br /> <br /> <br />