In the event a communications services provider's performance of or compliance with any of the provisions of this chapter is prevented by a cause or event not within the communications services provider's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result; provided, however, that such communications services provider uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter, causes or events not within a communications services provider's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within communications services provider's control, and thus not falling within this section, shall include, without limitation, communications services provider's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of communications services provider's directors, officers, employees, contractors or agents.
(Ord. 1625, passed 8-20-20)