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Tract 4788 in the District and PGandE is unable to proceed hereunder, <br />PGandE shall have the right to terminate and/or supersede this agreement <br />upon thirty (30) days' written notice to City and Developer and calculate <br />any refundable or nonrefundable amounts that may be due based on that por- <br />tion of the Electric and Street Lighting Service Facilities and Electric <br />Substructures then completed, utilizing the estimated costs developed by <br />PGandE for this agreement. The superseding agreement, if any, shall be in <br />the same form as this agreement, be executed by all parties hereto and <br />shall provide that costs be allocated to the portion of the distribution <br />system completed, if any, consistent with those costs estimated by PGandE <br />for this agreement. <br /> <br /> (3) If this agreement is terminated as set forth above, <br />Developer further agrees to reimburse PGandE for any engineering, surveying, <br />right of way acquisition and other associated expenses incurred by PGandE. <br />If such reimbursable expenses are greater or less than the excess of the <br />refundable and/or nonrefundable payments, Developer shall pay to PGandE or <br />PGandE shall refund, without interest, to City or DevelOper as the case <br />may be. <br /> <br /> K. City and Developer hereby agree to provide at no cost to <br />PGandE, any and all necessary permits, rights of way and easements to <br />install, operate, maintain, replace and remove the Electric and Street <br />Lighting Service Facilities and Electric Substructures along the routes <br />shown upon the attached Exhibit "A." City and Developer agree to grant to <br />PGandE such other grants, deeds or documents as PGandE may require to <br />enable it to record such rights of way or easements. <br /> <br />11: <br /> <br /> <br />