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I~ no event, however, will a refund payment be made on the basis of charges billed to customers for electric service
<br />furnished after the end of the third 12-1nonth billing period, nor will any refund payments be made for any 12-month
<br />billing period in which the total of such charges is less than 25 percent of the total estimated cost of the Distri-
<br />bution System. The total estimated cost of the Distribution System will be PGandE's estimate of the installed cost
<br />of the Distribution System facilities then owned by PGandE at the end of each 12-month billing period excluding the
<br />cost of transformers, meters, services, and Developer's costs of excavating and backfilling.
<br />
<br /> 7. As provided in Section B.3 of the Underground Extension Rule, in the event that an extension is required
<br />in excess of 200 feet in length to reach the boundaries of the parcel or tract of land, Developer shall execute concur-
<br />rently with its execution of this agreement, PGandE's applicable agreement, in the form on file with the Commission,
<br />relating to underground extensions under PGandE's Rule No. 15.
<br />
<br /> 8. Developer hereby grants to PGandE all necessary rights of way and easements to install, operate,
<br />maintain, replace, and remove the Distribution System on property of Developer along the routes shown upon the attached
<br />plans and specifications. Developer shall execute such other grants, deeds, or documents as PGandE may require to
<br />enable it to record such rights of way or easements. If any part of the Distribution System is to be installed on
<br />property owned by other than Developer, Developer shall, if PGandE is unable to do so without cost to it, first obtain
<br />from the owners thereof, in the name of PGandE, all necessary permanent rights of way and easements for the construc-
<br />tion, operation, maintenance, and replacement of the Distribution System upon such property in a form satisfactory to
<br />PGandE and wlthout cost to it,
<br />
<br /> 9. PGandE shall not be responsible for any delay in either the performance of Developer's obligations
<br />under this agreement or completion of the Distribution System by PGandE resulting from shortage of labor or materials,
<br />strike, labor disturbance, war, riot, weather conditions, governmental rule, regulation or order, including orders or
<br />judgments of any court or commission, delay in obtaining necessary rights of way, act of God, or any cause or condition
<br />beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain supplies, material or
<br />labor for all of its construction requirements, to allocate materials and labor to construction projects which it
<br />deems, in its sole discretion, most important to serve the needs of its customers, and delay in construction hereunder
<br />Yesulting from such allocation shall be deemed a cause beyond PGandE's control.
<br />
<br /> lO. All facilities and equipment installed by Developer shall remain the property of Developer until conveyed
<br />to PGandE by good and sufficient deed, and PGandE shall not be required to accept a conveyance thereof unless and until
<br />such facilities are in a condition satisfactory to PGandE.
<br />
<br />11. All facilities installed hereunder by PGandE shall, at all times, be the sole property of PGandE.
<br />
<br /> 12. This agreement does not provide for the installation of any facilities by PGandE other than as provided
<br />in the attached plans and specifications. The obligations of both Developer and PGandE under PGandE's Rule No. 16 on
<br />file with the Commission, relating to service installations, are not included in this agreement.
<br />
<br /> 13. Developer shall indemnify PGandE, its agents, officers and employees against any claim or loss for damage
<br />to property or injury to persons arising out of or in connection with Developer's performance of this agreement.
<br />
<br /> 14. PGandE will furnish electric service to individual applicants in the parcel or tract of land in
<br />accordance with PGandE's applicable electric rates and rules on file with Commission.
<br />
<br /> t5. Developer may, with PGandE's written consent, assign this agreement, in whole or in part, if the
<br />assignee thereof agrees, in writing, to perfo~ Developer's obligations hereunder. Such assignment, unless otherwise
<br />provided therein, shall be deemed to include Developer's right to any refund payments then unpaid or which may
<br />thereafter become payable.
<br />
<br /> 16. This agreement shall, at all times, be subject to such changes or modifications as the Commission may
<br />direct.
<br />
<br />Dated: , 19__
<br />
<br /> Developer
<br /> PACIFIC GAS AND ELECTRIC C~4PANY,
<br />By
<br />
<br /> and by __ By
<br />
<br /> For: Manager,
<br /> Division
<br />
<br />Mailing Address
<br />
<br />62-3183
<br />
<br />
<br />
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