Whenever a period of time is provided for in the franchise for either the municipality or the grantee to do or perform any act or obligation, neither party shall be liable for any delays or inability to perform due to causes beyond the control of said party such as war, riot, insurrection, rebellion, sabotage, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado, or any act of God; provided, however, that said time period shall be extended for only the actual amount of time said party is so delayed. An act or omission shall not be deemed to be "beyond the grantee's control" if committed, omitted, or caused by the grantee, the grantee's employees, officers, or agents or a subsidiary, affiliate, or parent of the grantee, or by any corporation or other business entity that holds a controlling interest in the grantee, whether held directly or indirectly. Further, the failure of the grantee to obtain financing or to pay any money due from it to any person, including the municipality, for whatever reason, shall not be an act or omission "beyond the grantee's control." The failure of the grantee to obtain necessary permits from applicable governmental or utility agencies shall be deemed "beyond the grantee's control" only if the grantee has made a timely and complete request and application for said permit and is diligently pursuing the issuance of said permit.
(Ord. 2000-10, passed 4-10-00)