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until sufficient funds have been made available and all payments to be made to <br />1GandE have been made. <br /> <br /> 11. All Electric Facilities installed hereunder shall be and remain <br /> the property of PGandE except for the service related facilities. <br /> <br /> 12. PGandE shall subject to a~l of the terms and conditions hereof, <br />ope~ ~ilo ~alntair~ the Eleci. ric Facilities and provide electric se~'vice in <br />accordance with PGandE's applicable rates and rules established by PGandE, <br />from time to time, and o~l file with and abthorized by the Commission. <br /> <br /> 13. (a) PGandE sball not be responsible for any delay in <br />construction of tDe Electric 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 conditions of like or unlike characteristic which is beyond <br />the control of PGandE. PGandE shall have the right, in the event it is unable <br />to obtain supplies, materials or labor for all of its construction <br />requirements, to allocate materials and labor to construction projects which, <br />in its sole discretion, it deems most important to serve the needs of its <br />customers and delay in construction hereunder resulting from such allocation <br />shall be deemed 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 calculate any refundable or nonrefundable amounts <br />that may be due based on that portion of the distribution system then <br />completed, utilizing the estimated costs developed by PGandE for this <br />agreement, The superseding agreement, if any, shall be in the same form as <br /> <br /> <br />