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such ten year period provided, however, that no refunds shall be due City <br />after any termination of this agreement. <br />8. Any rearrangement, relocation, addition to or modification of <br />the Gas Facilities as shown on Exhibit "A" after commencement of construction <br />required for any reason other than the sole convenience of PGandE shall be <br />paid for on demand and in advance by City. <br />9. City shall, upon the installation of the Gas Facilities, <br />execute and deliver to PGandE a deed or deeds in the form attached hereto as <br />Exhibit "B" conveying the Gas Facilities to PGandE. <br />10. All Gas Facilities installed hereunder shall be and remain the <br />property of PGandE. <br />li. PGandE shall, subject to all the terms and conditions hereof, <br />operate and maintain the Gas Facilities and provide gas service in accordance <br />with PGandE's applicable rates and rules established by PGandE, from time to <br />time, and on file with and authorized by the California Public Utilities <br />Commission (Commission). <br />12. PGandE shall not be responsible for any delay in construction <br />of the Gas Facilities resulting from shortage of labor or materials, strikes, <br />labor disturbance, war, riots, weather conditions, governmental rule, <br />regulation or order, including orders of judgments of any court or commission, <br />delays in obtaining necessary rights of way, act of God, or any cause or <br />condition of like or unlike characteristic which is beyond the control of <br />PGandE. PGandE shall have the right, in the event it is unable to obtain <br />supplies, materials or labor for all of its construction requirements, to <br />allocate materials and labor to construction projects which, in its sole <br />-4- <br />