If 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 the 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 and restraints imposed by order of a governmental
agency or court. Causes or events within the franchisee's control, and thus not falling
within this section, shall include, without limitation, the franchisee's financial
inability to perform or comply, economic hardship, and misfeasance, malfeasance, or
nonfeasance by any of the franchisee's directors, officers, employees, contractors
or agents.
(Ord. No. 00-10, § 35, 11-9-2000)
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