(a) A grantee shall not be held in default under, or in noncompliance with, the provisions of this chapter or a franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where the noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of a grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which a grantee’s cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.
(b) Furthermore, the parties hereby agree that it is not the city’s intention to subject a grantee to penalties, fines, forfeitures or revocation of the franchise for violations of this chapter or the franchise where the violation was a good-faith error that resulted in no or minimal negative impact on the subscribers within the service area, or where strict performance would result in practical difficulties and hardship to a grantee which outweigh the benefit to be derived by the city and/or subscribers.
(1992 Code, § 44-97) (Ord. 104-09, passed 11-16-2009)