In the event grantee's performance of any of the terms, conditions or obligations of the franchise is prevented by any cause beyond grantee's reasonable control, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided grantee has notified the city in writing within 30 days of its discovery of the occurrence of such an event. In such an instance, grantee shall continue to use its best efforts to perform its obligations, cure any breach and offer appropriate substitute performance where applicable. For the purpose of this section, causes or events not within the control of grantee shall include, but not be limited to acts of God, strikes, sabotage, riots or civil disturbances, epidemic, labor disputes, shortage of labor, freight embargoes, shortages or unavailability of materials and supplies, explosion, natural disasters such as floods, earthquakes, landslides and fires, rationing, and power or communications failures, but shall not include financial inability of grantee to perform or failure of grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of grantee.
(Ord. 4315, passed 11-12-96)