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t <br />1 <br />O1-25-89/aet - 3263S <br />supporting structures on their properties necessary to provide <br />them underground communications service; and <br />WHEREAS, under Sub-paragraph B of Section 1 of Pacific's <br />Rule No. 32 (Schedule Cal. P.U.C. No. 36-T), City desires <br />Pacific to construct or cause to be constructed the necessary <br />underground supporting structure within the public right of way <br />and utility easements and Pacific is willing to do so if City <br />will pay the cost of said underground supporting structure so <br />constructed by Pacific. <br />NOW, THEREFORE, the parties hereto mutually agree as <br />follows: <br />1. The term "underground supporting structure" means <br />and includes the conduit, manholes and service boxes, where and <br />as required, plus trenching costs. The term "trenching costs" <br />means and includes the cost of excavations, backfilling and <br />compacting, and where necessary, the cost of breaking and <br />replacing pavement, sidewalks, driveways, curbs and gutters, <br />and of restoring all other City surface features disturbed by <br />the undergroundinq construction including landscaping. <br />2. Pacific shall construct and install underground <br />communication facilities in the locations shown on Exhibit A <br />attached hereto and made a part hereof. <br />3. Pacific shall not be responsible for any delay in <br />said construction and installation which is beyond its <br />reasonable control. In the event Pacific is unable to obtain <br />supplies, materials or labor for all of its requirements, <br />Pacific shall have the right to allocate materials and labor to <br />construction projects which, in its sole discretion, it deems <br />most important to serve the needs of its customers and <br />applicants for service, and any delay in performance of work <br />resulting from such allocation shall be deemed a cause beyond <br />Pacific's reasonable control. <br />