RES 82377 - Laserfiche WebLink

ll. (a) PGandE shall not be responsible for any delay inconstruction of the Gas Facilities resulting from shortage of labor or materials, strikes, labor disturbance, war, riots, weather conditions, governmental rule, regula- tion or order, including orders or judgments of any court or commission, delays in obtaining necessary rights of way, act of God, or any cause of con- dition of like or unlike characteristic which is beyond the control of PGandE. PGandE shall have the right, in the event it is unable to obtain supplies, materials or labor for all of its construction requirements, to allocate mate- rials and labor to construction projects which, in its sole discretion, it deems most important to serve the needs of its customers and delay in construc- tion hereunder resulting from such allocation shall be deemed a cause beyond PGandE's control. (b) In the event that City or Developer has not completed its obligations under this agreement within twelve (12) months foilowing the date of this agreement, and PGandE is unable to proceed hereunder, PGandE shall have the right to terminate and/or supersede this agreement upon thirty (3U) days' written notice to City and Developer and calculate any refundable or nonrefundable amounts that may be due based on that portion of the Gas Facili- ties then completed, utilizing the estimated costs developed by PGandE for this agreement. The superseding agreement, if any, shall be in the same form as this agreement, be executed by all parties hereto and shall provide that costs be allocated to the portion of the Gas Facilities then completed, if any, consistent with those costs estimated by PGandE for this agreement. (c) If this agreement is terminated as set forth above, Developer further agrees to reimburse PGandE for any engineering, surveying, right of way acquisition and other associated expenses incurred by PGandE. 4: