156.30 FORCE MAJEURE; GRANTEE'S INABILITY TO PERFORM.

   In the event Grantee's performance of any of the terms, conditions or obligations required by this chapter or a Franchise granted hereunder is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof.

   For the purpose of this section, causes or events not within the control of Grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires. In the event that any such delay in performance or failure to perform affects only part of Grantee's capacity to perform, Grantee shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such cause(s). In correcting such cause(s), Grantee shall take all reasonable steps to do so in as expeditious a manner as possible. Grantee shall notify Grantor in writing of the occurrence of an event covered by this Section within five (5) business days of the date upon which Grantee learns of its occurrence.

(Ord. 1997-25. Passed 12-9-97.)