4.20.130.4   Force majeure.
In the event the franchisee’s performance of any of the terms, conditions or obligations required of it under the ordinance codified in this title or the franchise agreement is prevented by any cause or event not reasonably foreseeable and avoidable under standard industry practice or not within the franchisee’s control, such inability to perform shall be excused and no penalties or sanctions of any nature shall be imposed upon the franchisee as a result thereof during said event and for a reasonable time thereafter. Causes or events not within the control of the franchisee include, without limitation, strikes, labor strife, sabotage, riots or civil disturbances, actions of any governmental agency or court, explosions, actions of public enemies, unusually severe weather conditions, natural disasters such as floods, earthquakes, landslides and fires, extended power or communication failures, embargoes, quotas, rationing, material shortages, inability to secure materials or services or equipment from normal sources of supply following diligent efforts to do so and inability to secure approvals, consents or authorizations from any person upon such terms and conditions as are reasonable, in the discretion of the city, after diligent efforts to do so. The period of the franchisee’s performance shall be extended by the period of any such delay. The franchisee shall provide the city with written notice promptly following the franchisee’s knowledge of any such cause or event. Economic hardship, business agreements or misfeasance or malfeasance of the franchisee’s shareholders, partners, directors, officers, or employees shall not be deemed to be causes or events not within the control of the franchisee. (Ord. 205 § 3, 2001)