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RES 85513
City of Pleasanton
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1985
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RES 85513
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10/1/2012 2:49:53 PM
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12/28/1999 8:44:05 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
11/5/1985
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14. All Electric Facilities, Electric Relocation Facilities and a portion of <br /> <br />/ <br /> ~ne Street Lighting Service Facilities installed hereunder shall be and remain the <br /> <br /> property of PGandE. <br /> <br /> 15. PGandE shall, subject to all of the terms and conditions hereof, operate <br /> <br /> and maintain the Electric Facilities, Electric Relocation Facilities and a portion of <br /> the Street Lighting Service Facilities and provide electric service in accordance <br /> with PGandE's applicable rates and rules established by PGandE, from time to time <br /> with and authorized by the Commission. <br /> <br /> !6. PGandE shall not be responsible for any delay in construction of the <br /> <br /> Electris Facilities and Electric Relocation Facilities resulting from shortage of <br /> labor or materials, strikes, labor disturbance, war, riots, weather conditions, <br /> governmental rule, regulation or-~nd~, including orders or judgments of any court or <br /> commission, delays in obtaining'necessary rights of way, act of G6d or any cause or <br /> conditions of like or unlike characteristic which is beyond the control of PGandE. <br /> PGandE shall have the right, in the event it is unable to obtain supplies, materials <br /> or labor for all of its constuction requirements, to allocate materials and labor to <br /> construction projects which, in its sole discrtion, it deems most important to serve <br /> the needs of its customers, and delay in construction hereunder resulting from such <br /> allocation shall be deemed a cause beyond PGandE's control. <br /> <br /> 17. (a) In the event that City has not completed its obligations under this <br /> agreement within twelve (17) months following th~ date of this agreement, and PGandE <br /> is unable to proceed hereunder, PGandE shall have the right to terminate and/or <br /> supersed~ this agreement upon thirty (30) days' written notice to City and to <br /> calculate and charge toCity any refundable or nonrefundable amounts that may be due <br /> based on that portion of t~e distribution system then completed, utilizing the <br /> estimated costs developed by PGandE for this agreement. City agrees to reimburse <br /> PGandE for such charges. The superseding agreement, if any, shall be in the same <br /> <br /> -5- <br /> <br /> <br />
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