The Company shall not be liable or responsible for any delay or failure of performance of its Franchise if prevented from doing so by acts of God including flood, storms, fires, explosions, strikes, lock-outs, riots, wars, whether or not declared, insurrections, epidemics or any law, rule or acts of any court or instrumentality whether Federal, State or municipal government or any causes beyond its control, provided that the same is not willfully done or brought about for the purpose of excusing failure or omissions to perform under the Franchise and providing that using reasonable care, the same could not have been avoided by the Company. In the event Company is rendered unable to perform in whole or in part, the Company shall begin to perform its Franchise as soon as is practical after such conditions cease to exist.
(rd. 11-2005. Passed 2-15-05.)