PACIFIC GAS AND ELECTRIC INSTALLATION, MAINTENANCE AND OPERATION OF GAS FACILITIES

owned by others, City shall, if PGandE is unable to do so without cost to it, first procure from owners thereof in the name of PGandE, all necessary permanent rights of way and easements for the construction, operation, maintenance and replacement of the Gas Facilities upon such property in a form satisfactory to PGandE and without cost to it. 15. This agreement does not provide for the installation of any gas service extensions extending from the Gas Facilities to any existing or proposed building within the District by PGandE other than as provided in the attached plans and specifications. The obligations of both the property owners and PGandE under PGandE's Gas Rule No. 16 on file with the Commission, relating to service installations, are not included in this agreement. 16. City shall indemnify PGandE, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of person, including, but not limited to, employees of PGandE or City or injury to property, including, but not limited to, property of PGandE or City arising out of or in any way connected with the performance of this agreement, excepting only such loss, damage, expense or liability as may be caused by the sole negligence of willful misconduct of PGandE. 17. This agreement shall not be assignable, by operations of law or otherwise, unless PGandE first consents thereto in writing and the assignee, in writing, assumes and covenants to perform all of City's obligations hereunder. -6-