In the event a franchisee's performance of or compliance with any of the provisions
of this article or the franchisee's franchise agreement is prevented by a cause or
event not within the franchisee's control, such inability to perform or comply shall
be deemed excused and no penalties or sanctions shall be imposed as a result thereof;
provided, however, that franchisee uses all practicable means to expeditiously cure
or correct any such inability to perform or comply. For purposes of this article and
any franchise agreement granted or renewed hereunder, causes or events not within
a franchisee's control shall include, without limitation, acts of God, floods, earthquakes,
landslides, hurricanes, fires and other natural disasters, acts of public enemies,
riots or civil disturbances, sabotage, strikes, loss of utility service not as a result
of any action or inaction by franchisee and restraints imposed by order of a governmental
agency or court (unless such order is procured at franchisee's behest). Causes or
events within franchisee's control, and thus not falling within this section, shall
include, without limitation, franchisee's financial inability to perform or comply,
economic hardship, and misfeasance, malfeasance or nonfeasance by any of franchisee's
directors, officers, employees, contractors or agents.
(Ord. No. 3806-04, § I, 10-25-2004)
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