§ 111.42  FORCE MAJEURE; GRANTEE’S INABILITY TO PERFORM.
   In the event the grantee’s performance of any of the terms, conditions, obligations or requirements of this chapter and franchise agreement is prevented or impaired due to any cause beyond its reasonable control, the inability to perform shall be deemed to be excused for the period of the inability and no penalties or sanctions shall be imposed as a result thereof; provided, the grantee has notified the grantor in writing as soon as reasonably practicable of its discovery of the occurrence of an event. The causes beyond grantee’s reasonable control shall include, but shall not be limited to, acts of God, civil emergencies and labor unrest or strikes, untimely delivery of equipment, inability of the grantee to obtain access to an individual’s property and inability of the grantee to secure all necessary permits to utilize utility poles and conduit so long as grantee utilizes due diligence to timely obtain the permits.
(Ord. 78, passed 10-13-1997)