Notwithstanding anything expressly or impliedly to the contrary contained herein, in the event the franchisee is prevented, wholly or partially, from complying with any obligation or undertaking contained herein by reason of any event of force majeure, then, while so prevented, compliance with such obligations or undertakings shall be suspended. The term FORCE MAJEURE, as used herein, shall mean any cause not reasonably within the franchisee’s control and includes, but is not limited to, acts of God; strikes; lock-outs; wars; riots; orders or decrees of any lawfully constituted federal, state, or local body; contagions or contaminations hazardous to human life or health; fires; storms; floods; wash-outs; explosions; breakages or accidents to machinery or pipelines; inability to obtain or delay in obtaining rights-of-way, materials, supplies, or labor permits; permanent or temporary failures of gas supply or gas transportation services; or necessary repair, maintenance, or replacement of facilities used in the performance of the obligations contained in this chapter. Nothing in this force majeure provision or the operation hereof shall cause or be deemed to cause the term of this franchise to extend beyond 20 years as set forth in section 53.02.
(Prior Code, § 53.08) (Ord. 97-1, passed 2-2-1997)