A. Transfer and Assignment:
1. Except in the event of the merger, consolidation or reorganization of the Licensee, the Licensee shall not have the right to assign its rights and privileges under this Chapter or to otherwise transfer it in any manner whatsoever, without the prior written approval of the Village, pursuant to an ordinance enacted by the corporate authorities.
2. In the event of a transfer or assignment of the Licensee's rights and privileges under this Chapter, all provisions of this Chapter which are obligatory upon, or which inure to the benefit of, the Licensee shall also be obligatory upon and shall insure to the benefit of any and all successors and assigns of the Licensee.
B. Chapter as Contract: Ordinance 92-26 codified herein as Title 3, Chapter 1 shall have the effect of and shall be a contract between the Village and the Licensee and shall be a measure of the rights and obligations of the Village as well as of the Licensee.
C. Chapter Requirements as Voluntary Undertaking: The Licensee and the Village understand that the general operations of the Licensee are under the jurisdiction of the ICC and the FERC. The Licensee has voluntarily agreed to perform the duties and obligations set forth in this Chapter; provided, that such performance does not violate any applicable regulatory standard or any applicable statutes, ordinances or judgments or decrees of administrative or judicial tribunal.
D. Scope of Chapter: No privilege or exemption is granted or conferred to Licensee by this Chapter unless specifically provided herein. The permission and authority granted by this Chapter are not intended to limit or modify any agreement, franchise, license or permit previously granted by the Village to any other person for the use or occupancy of the public ways, and the Licensee shall therefor exercise the rights granted by this Chapter in such a manner as shall neither unreasonably interfere with the rights, nor endanger or impair the property, of other contractors, franchisees, licensees and permittees in the public ways. The Village agrees to require other contractors, franchisees, licensees and permittees of the Village to exercise their rights under such agreements, franchises, licenses and permits in such a manner as shall neither unreasonably interfere with the rights nor endanger or impair utility facilities of the Licensee located in the public ways.
E. Expenses to be Borne By Licensee: Unless specifically provided to the contrary, the Licensee shall be responsible for procuring, through rates or otherwise, the revenues necessary to meet the expenses of its performance under and its compliance with this Chapter.
F. Most Favored Nations Provisions:
1. In the event that the Licensee accepts from any Illinois municipality, other than the City of Chicago, an electric ordinance or amendments to an electric ordinance containing terms, conditions or provisions different from those contained in this Chapter, or if any other arrangement is at any time made with any municipality other than the City of Chicago, the Licensee shall inform the Village in writing of such fact and provide a copy of such ordinance or other arrangement to the Village. If, within ninety (90) days of such notice, the Village adopts such other electric ordinance or other arrangement of such other municipality, the Licensee agrees it will accept such ordinance or other arrangement. In such event, the term of the new ordinance will expire at the time the original ordinance was scheduled to expire, unless otherwise agreed by the parties. Changes in the term of the Chapter or arrangement shall be subject to the provisions of this Section, unless the change in the term is for a period of more than fifty (50) years.
2. In the event that the Village grants any benefit to any other electric utility regarding the use of the public ways, such benefit shall be offered in writing to the Licensee, under the same terms and conditions, within thirty (30) days after it has been granted to such other electric utility. If the Licensee requests the extension of the benefit to it, the Village will take such steps as to provide such benefit to the Licensee under the same terms and conditions, including amending this Chapter accordingly.
G. Severability: If any section, paragraph, clause or provision of this Chapter shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Chapter.
H. Repealer: All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this Chapter, or containing provisions granting any right, privilege or license to the Licensee or to any of its predecessor companies, including "An Ordinance Authorizing Commonwealth Edison Company (Public Service Company Division), Its Successors and Assigns, to Construct, Operate and Maintain an Electric Light and Power System in and through the Village of Green Oaks, Lake County, Illinois", passed April 27, 1960, are hereby repealed. However, any claims for indemnification timely and properly made under that last named ordinance survive this repeal.
I. Force Majeure: The Licensee shall not be deemed in violation of this Chapter for the delay in performance or failure to perform in whole or in part its obligations under this Chapter due to strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, act of public enemy, fire, flood or other act of God or by other events to the extent that such events are caused by circumstances beyond the Licensee's control and are not caused by negligence on the part of the Licensee or any person acting on its behalf. In the event that the delay in performance or failure to perform affects only part of the Licensee's capacity to perform its obligations under this Chapter, the Licensee shall perform such obligations to the extent it is able to do so in as expeditious a manner as possible. Licensee shall promptly notify the Village electric representative in writing of any event covered by this Section and the date, nature and cause thereof. Furthermore, Licensee, in such notice, shall indicate the anticipated extent of such delay and the obligations under this Chapter to be affected thereby. (Ord. 92-26, 11-18-92)