Force Majeure.  


Latest version.
  • Except as provided in Section 15.1825 hereof, whenever a period of time is provided for in this Ordinance or the Franchise Agreement, for either the City or the Grantee to do or perform any act or obligation, neither party shall be liable for any delays due to war, riot, insurrection, rebellion, strike, lockout, unavoidable casualty or damage to personnel, materials or equipment, fire, flood, storm, earthquake, tornado, orders of a court of competent jurisdiction, any act of God, failure of a utility provider to provide pole attachments on reasonable terms or conditions therefor, or any cause beyond the control of said party. In such event, said time period shall be extended for the amount of time said party is so delayed. An act or omission shall not be deemed to be beyond a Grantee's control if committed, omitted or caused by a corporation or other business entity which holds a controlling interest in the Grantee, whether directly or indirectly. Further, the failure of a Grantee to obtain financing, or to pay any money due from it to any person, including the City, for whatever reason, shall not be an act or omission which is beyond the control of the Grantee.