disposal of any pre-existing contaminated soils of groundwater, hazardous or nonhazardous, removed from the
<br />ground as a result of The Gas Company's work performed ("Pre -Existing F,nviromnental Liability"), including,
<br />but not limited to, liability for the costs, expenses, and legal liability for environmental investigations,
<br />monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and lines
<br />arising from die violation of any local, state, or federal law or regulation, attorneys' fees, disbursements, and
<br />other response costs. As between Applicant and The Gas Company, Applicant agrees to accept hull
<br />responsibility for and bear all costs associated with Pre -Existing Environmental Liability. Applicant agrees that
<br />The Gas Company may atop work, terminate it, redesign the gas facilities to a different location, or take other
<br />action reasonably necessary to complete its work without incurring any Pre -Existing Environmental Liability.
<br />C. Withhold Riahts. In addition to any other rights to withhold, The Gas Company may withhold from
<br />Payments due Applicant such amounts as, in The Gas Company's reasonable opinion, are necessary to provide
<br />security against all loss, damage, expense and liability covered by the foregoing indemnity provisions
<br />III. WARRANTY
<br />The Gas Company requires that Applicant warrant all materials and workmanship performed by Applicant
<br />(directly or through a contractor other than The Gas Company) shall be free of all defects and fit for their
<br />intended purpose. A one-year warranty on any materials and a two-year warranty on any installation work
<br />provided are required. If Applicant's work or materials fail to conform to the warranty, Applicant shall
<br />reimburse The Gas Company for the total cost of repair and/or replacement or The Gas Company may give
<br />Applicant the opportunity to 6x within a reasonable time such defect(s). Such reimbursements are non-
<br />refundable and the amount of such reimbursements may be withheld by The Gas Company and offset against
<br />refundable amounts owed Applicant.
<br />IV, TARIFF RULES / COMMISSION
<br />A. This Line Extension Contract ("Contract") consists of and incorporates by reference the line extension
<br />contract letter, Exhibits A, General Conditions and all of The Gas Company's applicable tariff schedules and
<br />rules as filed from time to time with the California Public Utilities Commission ("Commission"), including but
<br />not limited to, the Preliminary Statement and Rules 1, 2, 4, 9, 13, 20, 21 and 22. Copies of these rules may be
<br />obtained by visiting the SoCalGas' Internet site at www.socalpas.corn or byrequesting copies from your as
<br />Company representative.
<br />B. This contract is at all tunes subject to such changes or modifications as the Commission may direct from
<br />tune to time in the exercise of its, jurisdiction.
<br />C. No agent of T7tc Gas Company has authority to intake any terns or representations not contained in this
<br />Contract and the tariff schedules and Applicant hereby waives them and agrees neither The Gas Company nor
<br />Applicant shall be bound by them.
<br />V. JOINT AND SEVERAL LIABILITY
<br />tNl-,ere two or more parties are Applicants for a Project, The Gas Company shall direct all communications, hills
<br />and refrarcis to the designated Applicant, but. all Applicants shall be jointly and severally ii' le to comply will
<br />all terns and conditions herein.
<br />R= Mj-n, Eneceivc "ury 20n2 nine Extension Cnncnct =' O 000127505- 1 Dnrd: 03n7/2908 ?arc 3 of 4
<br />
|