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RES 83307
City of Pleasanton
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1980-1989
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1983
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RES 83307
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11/2/2012 12:00:29 PM
Creation date
2/3/2000 12:31:49 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/26/1983
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7/18/83 - 26630 <br /> <br />15. The liability, if any, of Pacific for damages arising out <br /> of any mistake, omission, interruption, delay, error, <br /> defect or other failure in any of the equipment or <br /> facilities provided hereunder or used in furnishing service <br /> hereunder shall be as set forth from time to time in Rule <br /> 14 of Schedule Cal.P.U.C.~ No.-36-T of Pacific's tariffs on <br /> file with the Public Utilities Commission of the State of <br /> California. <br /> <br />16. The parties hereto further agree that the in-service date <br /> for the communications equipment covered by this Agreement <br /> shall be on or before September 1, 1983; provided, however, <br /> that the time during which Utility is delayed in meeting <br /> such in-service date by causes or events beyond the control <br /> of the Utility, including an emergency resulting in the <br /> reallocation of available manpower, shall be added to the <br /> aforesaid in-service date. The term emergency shall refer <br /> to and mean an unforeseen combination of circumstances <br /> <br />affecting <br /> <br />immediate <br /> <br />Telephone <br /> <br />areas of the other operating telephone <br />Bell System. <br /> <br />service to California subscribers calling for <br />action within the service area of The Pacific <br />and Telegraph Company and contiguous service <br /> <br /> companies of the <br /> <br />This contract shall at all times be subject to such changes <br />or modifications by the Public Utilities Commission of the <br />State of California as said Commission may, from time to <br />time, direct in the exercise of its jurisdiction. Subject <br />to the preceding sentence, Utility agrees that if any <br />changes or modifications by the Commission should <br />substantially increase (hereby defined as t~n percent (10%) <br />of the total net cost set forth in Exhibit A) the net cost <br />to Customer described in Exhibit A, Customer shall be <br />allowed to renegotiate or terminate this Agreement without <br /> <br />-5- <br /> <br /> <br />
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