Neither the municipal utility nor the qualifying facility shall not be considered to be in default in respect to any obligation hereunder, other that the obligation of a party to make payments of amount due another party under this subchapter, if failure of performance shall be due to uncontrollable forces. The term UNCONTROLLABLE FORCES means any cause beyond the control of the party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to obtain rights-of-way, permits, licenses and authorizations from any local, state or federal agency or person for any of the facilities or equipment required to provide service hereunder, and restraint by court or public authority, which by exercise of due foresight the party could not reasonably have been expected to avoid, and which by the exercise of due diligence it be unable to overcome. A party shall not, however, be relieved of liability for failure of performance if the failure is due to removable or remediable causes which it fails to remove or remedy with reasonable dispatch.
(1986 Code, § 8.10.090) (Ord. 1197, passed 3-9-1982)