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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
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PERM
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APPLICATIONARTICLE VH1 <br />8.1 FEES, Permittee shall pay to PG&E fee(s) at the applicable rate set forth in Exhibit C to <br />this Agreement per year. The Permittee shall pay an initial set up fee of $0 and an annual <br />contract administration fee of $0 to cover PG&E's cost of administrative processing and <br />legal review costs, as applicable. In addition, for each Pole Attachment discovered <br />without PG&E's authorized consent, Permittee shall pay a one-time surcharge of one <br />hundred dollars ($100) towards PG&E's cost of audit, notification, and correction. <br />All rates and fees under Article VIII of this Agreement and Exhibit C shall apply only to <br />the extent they are authorized by the CPUC. Permittee reserves the right to oppose before <br />the CPUC or court of law as may be appropriate any rate or fee that PG&E proposes to <br />apply under Article VIII and/or Exhibit C. <br />Commencing each January 1 for the term of this Agreement, Permittee shall pay to <br />PG&E the applicable sum set forth in Exhibit C to this Agreement as full payment for <br />each Pole Attachment maintained by Permittee on PG&E Poles for the prior year. <br />PG&E has granted its authorized consent to Permittee for Permittee's Pole Attachments <br />only to PG&E Poles in existence as of the date of possession by Permittee. <br />ARTICLE IX <br />DISPUTE RESOLUTION <br />9.1 DISPUTES. The Parties shall attempt in good faith to resolve any dispute arising out of <br />or relating to this Agreement promptly by negotiations between a vice president of PG&E <br />or his or her designated representative and an executive of similar authority of the <br />Permittee. Either Party may give the other Party written notice of any dispute. Within <br />twenty (20) days after delivery of said notice, the executives shall meet at a mutually <br />acceptable time and place, and thereafter as often as they reasonably deem necessary to <br />exchange information and to attempt to resolve the dispute. If the matter has not been <br />resolved within thirty (30) days of the first meeting, either Party may initiate a mediation <br />of the controversy or may pursue any other legal, equitable, or administrative remedy <br />such Party may have. <br />9.2 CONFIDENTIAL NEGOTIATIONS. All negotiations and any mediation conducted <br />pursuant to this clause are confidential and shall be treated as compromise and settlement <br />negotiations, to which Section 1152.5 of the California Evidence Code shall apply, and <br />Section 1152.5 is incorporated herein by reference. <br />9.3 REMEDIES. Notwithstanding the foregoing provisions, a party may seek a preliminary <br />injunction or other provisional judicial remedy if in its judgment such action is necessary <br />to avoid irreparable damage or to preserve the status quo. <br />11 <br />
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