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<br />Attn: General Counsel
<br />
<br />Section 11. Satisfaction of Consent and Permit Requirements
<br />
<br />City acknowledges and agrees that Grantee has satisfied and fully
<br />paid all of Grantee's obligations, duties, responsibilities, fees and charges,
<br />and liability, if any, including but not limited to any derivative liability, with
<br />regard to all past, present and, through the term hereof, any future statutory
<br />and regulatory consent requirements pertaining to use or occupation of any
<br />City Rights of Way under any state or municipal law or regulation, applicable
<br />to Grantee, including, by way of example and not limitation, Texas Revised
<br />Civil Statutes art. 1175, Texas Local Government Code S 282.003, Texas
<br />Transportation Code S 311.071, Texas Utilities Code SS 181.006,181.023
<br />and 181.026, the City Charter and Code of Ordinances, if any, and/or any
<br />City ordinance, resolution, permit or consent requirement, if any, pertaining
<br />or applicable to the PG&E Pipeline System.
<br />
<br />Section 12. Severability.
<br />
<br />It is hereby declared to be the intention of the parties that the phrases,
<br />clauses, sentences, paragraphs, and Sections of this Ordinance are
<br />severable, and, if any phrase, clause, sentence, paragraph, or Section of this
<br />Ordinance shall be declared void, ineffective, or unconstitutional by the valid
<br />judgment or final decree of a court of competent jurisdiction or a final order,
<br />rule or regulation of a governmental regulatory authority, such voidness,
<br />ineffectiveness, or unconstitutionality shall not affect any of the remaining
<br />phrases, clauses, sentences, paragraphs, and sections of this Ordinance
<br />since the same would have been enacted by the City without the
<br />incorporation herein of any such void, ineffective, or unconstitutional phrase,
<br />clause, sentence, paragraph, or section.
<br />
<br />Section 13. Transfer or Assignment.
<br />
<br />Grantee is expressly given the right, power and privilege to sell,
<br />convey, transfer or assign, to any person-or entity, Grantee's rights under this
<br />consent and permit, and to sell, convey, transfer, lease, or assign all or any
<br />portion of the PG&E Pipeline System. Grantee agrees to give written notice
<br />to the City, within a reasonable time afterward, of any such conveyance,
<br />sale, transfer, lease, or assignment, but failure to provide such notice shall
<br />not constitute a forfeiture of any of Grantee's rights under the terms and
<br />conditions of the Ordinance. The consent, permit, rights and privileges
<br />granted by this Ordinance encompass the PG&E Pipeline System and the
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<br />Consent/Permit Ordinance for San Benito Class Cities
<br />Page 7 - Vers.11
<br />October 18, 1999 (12:10PM)
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<br />PAGE 8 of 10 of
<br />EXHIBIT A
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