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Reso 1996-131 to 135
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Reso 1996-131 to 135
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
Retention
PERM
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3.3 SERVICE CONNECTION/DISCONNECTION. Any connection or disconnection of <br />Permittee's service to or from PG&E's overhead or underground electric system shall <br />only be performed by PG&E and in accordance with PG&E's rates established by <br />applicable tariffs. <br />3.4 IDENTIFICATION TAGS. Permittee shall coordinate with PG&E regarding the <br />appropriate means of identifying Permittee's Pole Attachments. Such appropriate means <br />shall include using PG&E's numbering system. <br />ARTICLE <br />•►• •► ':k•14•W► <br />4.1 CONDITIONS PRECEDENT, Notwithstanding any other provision herein to the <br />contrary, this Agreement and all the rights, duties, obligations and liabilities of the <br />Parties hereunder shall be expressly conditioned on: <br />(a) PG&E obtaining to its sole satisfaction, the prior action of the CPUC, in a form <br />acceptable to PG&E, either authorizing the transaction contemplated by this <br />Agreement and the Purchase Agreement or declining jurisdiction or authority <br />with respect thereto (this subsection shall not apply in the event the transaction <br />contemplated by this Agreement solely involves property that is acquired, or <br />possession is obtained, through the exercise of Permittee's power of eminent <br />domain); and <br />(b) Permittee obtaining any easement, franchise, or other form of permission that <br />may be necessary for the installation and/or maintenance of Permittee's Pole <br />Attachments on PG&E Poles and facilities located on the PG&E Right of Way <br />and for the exercise by Permittee of any other rights or the performance by <br />Permittee of any duties contemplated by this Agreement, copies of which shall <br />be provided to PG&E at its request and shall be subject to PG&E's sole <br />satisfaction. In addition, PG&E may also require, to its sole satisfaction, <br />written acknowledgments by the grantor or land owner of Permittee's easement, <br />franchise or permit ("Granting Authority") that Permittee's authority under such <br />grant is adequate to permit the Pole Attachments and the exercise of any rights <br />granted or the performance of any duties contemplated hereunder to use the <br />PG&E Poles and facilities located on the PG&E Right of Way and is consistent <br />with PG&E's authority or rights under and the terms and conditions of PG&E's <br />easement, franchise or form of permission with such Granting Authority and <br />does not result in increased Right of Way Fees (as defined below). <br />4 <br />
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