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7. In the event that PGandE is prevented from completing the installation of the Special Facilities for reasons'beyond its <br /> control within twelve (12) months following the date of this Agreement, PGandE shall have the right to terminate this Agreemen~ <br /> upon thirty (30) days' written notice to Applicant. <br /> <br /> 8. If this Agreement is terminated as set forth in paragraph 7 the provisions of Daregraph 13 shal be app cab e based on that <br /> portion of the Special Facilities then completed if any, including charges for an expense incurred by PGandE for any en neering <br /> surveyin right of way ac u~sition expenses and other associated expenses incurrelY by PGandE for that port on of the Specie ~ac it e; <br /> not inst~(ed or, in PGand~'s sole judgment, not useful in supplying permanent service to PGandE's other customers. <br /> 9. Special Facilities provided by PGandE hereunder shall at all times be and remain the property of PGandE. <br /> <br /> 10. As provided in PGandE's applicable Electric Rule No. 14 or Gas Rules No. 14 and 21 copies attached Ap cant <br /> understands that PGandE does not guarantee electric or gas service to be free from outages interruption~ or curtailments ~nd thPat the <br /> charqes for the Special Facilities represent the additional cost associated with providir{g the Special Facilities rather thar~ for a <br /> o, - hed level of service Or reliability. <br /> <br /> 11. If it becomes necessary for PGandE to alter or rearrange the Special Facilities includin9 but not limited to the conversion <br /> o overhead facilities to undergrc~und, Applicant snail be notified of such necessity and 'shall be i{zen the option to either term nee <br /> t~is Agreement in accordance with paracJraphs 12 and 13, or to pay to PGandE additional Special Fg;cilities charges consisting of: <br /> (a) A facility termination charge for that portion of the Special Facilities which is being removed because of alteration of <br /> rearrangement. Such charge to be determined in the same manner as described In paragraph 13; plus, <br /> <br /> (b) An additional Advance and/or rearrangement costs, if any, for any new Special Facilities requested which shall be <br /> determined in the same manner as described in paragraph 1; plus, <br /> <br /> (c) A revised Equivalent One-Time Payment or monthly char based on the total net estimated additional installed costs <br />of all new and remainin Special Facilities. Such revised Equivalent One-c~/'ime Payment or monthly charge shall be determined in the <br />same manner as describec~ in paragraphs 2 and 3. <br /> <br /> 'a S n <br /> <br /> 13. Upon discontinuance of the use of any Special Facilities due to termination of service, termination of this Agreement, or <br />otherwise: <br /> <br /> (a) Applicant shall ay to PGandE on demand (in addition to all other monies to which PGandE may be legally entitled by <br />virtue of such termination) a ~cdity termination charge defined as the estimated installed cost plus the estimated removal cost less <br />the estimated salvage value for the Special Facilities to be removed, as determined b PGa~dE in accordance w th ts stan'dard <br />accounting ractices. PGandE shall deduct from the facility termination charge the A~/vance lus the unamortized balance of the <br />Equivalent ~ne-Time Pa ment prey ously paid f any. If the Advance aid plus the unamortize3balance of the Equivalent One-Time <br />Payment ~s greater than itY~e fac I t,/term nat on'charge, PGandE she retPund the difference, w thout riterest, to the Applicant; <br /> (b) PGandE shall be entitled to remove and shall have a reasonable time in which to remove any portion of the Special <br />Facilities located on the AOplicant's premises; <br /> <br /> (c) PGandE may, at its option, alter, rearrange, convey or retain in lace any portion of the Special Facilities located on <br />other property off Ap licant's premises. Where all or any portion of the Special Pacilities located off Applicant's premises are reta ned <br />in place and used by ~(~andE to provide permanent service to other customers, an equitable adjustment will be made n the fac lily <br />termination charge. <br /> <br /> 14. Applicant ma , with PGandE's written consent, assi n this Agreement if the assi nee thereof will a ree in writin to perform <br />App,icant's ob, igations ere.nder. Such assignment w I be 2;emed to ind.de..n,ess otherwise specified erein. a, o? App,ica.t's <br />rights to any refunds which might become due upon discontinuance of the use of any Special Facilities. <br /> <br />shall a e ts I subiect to all of PGandE's applicable tariffs on file with and authorized by the Commission and <br /> II changes or modifications as the Commission may direct from time to time in the exercise of its <br />jurisidiction, <br /> <br /> Dated this day of , 19 85 <br /> <br /> CITY OF PLEASANTON <br /> ASSESSMENT DISTRICT 1984-2 PACIFIC GAS AND ELECTRIC COMPANY <br /> Applicant <br /> <br />BY: BY: <br /> <br />TITLE: Manager, EAST BAY REGION <br /> <br />MAILING ADDRESS: Attachments: Rules 2 and 14 (Eh".ctric), <br /> Rules 2, 14 and 21 (Gas) <br /> CITY OF PLEASANTON <br /> PLEASANTON CA <br /> <br /> 79 2~ 5 4/82 <br /> <br /> <br />