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In the event that the grantee's performance of any of the terms, conditions, obligations, or requirements of this chapter or any franchise agreement is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided that grantee gives grantor written notice of the reason therefor within five days after the commencement of such causes. The burden of proof shall be on grantee to demonstrate that grantee's performance was prevented or impaired by causes beyond its reasonable control and not reasonably foreseeable. Such causes shall include but shall not be limited to acts of God, acts of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, lockouts, freight embargoes, unusually severe weather, or from any other cause beyond the reasonable control of grantee and/or its employees, agents or contractors.
(Ord. 85-07-950 § 1 (part))