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13. PGandE shall not be responsible for any delay in construction <br />of the Electric Facilities resulting from shortage of labor or materials, <br />strikes, labor disturbance, war, riots, weather conditions, governmental rule, <br />regulation or order, including orders or judgments of any court or commission, <br />delays in obtaining necessary rights of way, act of God or any cause or <br />conditions of like or unlike characteristic which is beyond the control of <br />PGandE. PGandE shall have the right, in the event it is unable to obtain <br />supplies, materials or labor for all of its construction requirements, to <br />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 /> 14. (a) 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 <br />distribution system then completed, utilizing the estimated costs developed by <br />PGandE for this agreement. City agrees to reimburse PGandE for such charges. <br />The superseding agreement, if any, shall be in the same form as this <br />agreement, shall be executed by both parties hereto and shall provide that <br />costs be allocated to the portion of the distribution system then completed, <br />if any, consistent with those costs estimated by PGandE for this agreement. <br /> <br />-5- <br /> <br /> <br />