In the event grantee's performance of any of the terms, conditions
or obligations required by this division or a franchise granted hereunder
is prevented by a cause or event not within grantee's control, such
inability to perform shall be deemed excused and no penalties or sanctions
shall be imposed as a result thereof; provided, however, that such
inability to perform shall not relieve a grantee from the obligations
imposed by Section 4.52.030 pertaining to refunds and credits for
interruptions in service. For the purpose of this section, causes
or events not within the control of grantee shall include without
limitation acts of God, war, strikes, sabotage, riots or civil disturbances,
labor disputes, restraints imposed by order of a governmental agency
or court, explosions, acts of public enemies, and natural disasters
such as floods, earthquakes, landslides, and fires, but shall not
include financial inability of the grantee to perform or failure of
the grantee to obtain any necessary permits or licenses from other
governmental agencies or the right to use the facilities of any public
utility where such failure is due solely to the acts or omissions
of grantee, or the failure of the grantee to secure supplies, services
or equipment necessary for the installation, operation, maintenance
or repair of the cable system where the grantee has failed to exercise
reasonable diligence to secure such supplies, services or equipment.
(Ord. 960 § 2, 2000)
If any provision of this division is held by any court or by
any federal or state agency of competent jurisdiction, to be invalid
as conflicting with any federal or state law, rule or regulation now
or hereafter in effect, or is held by such court or agency to be modified
in any way in order to conform to the requirements of any such law,
rule or regulation, such provision shall be considered a separate,
distinct, and independent part of this ordinance, and such holding
shall not affect the validity and enforceability of all other provisions
hereof. In the event that such law, rule or regulation is subsequently
repealed, rescinded, amended or otherwise changed, so that the provision
thereof which had previously been held invalid or modified is no longer
in conflict with such law, rule or regulation, said provision shall
thereupon return to full force and effect and shall thereafter be
binding on grantor and grantee, provided that grantor shall give grantee
thirty days' written notice of such change before requiring compliance
with said provision or such longer period of time as may be reasonably
required for grantee to comply with such provision.
(Ord. 960 § 2, 2000)
