The franchisee shall not be held in default under, or in noncompliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the franchise), where the noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the franchisee’s ability to anticipate and control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which franchisee’s cable and/or equipment is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)