In the event a franchisee's performance of or compliance with any of the provisions
of this article or a 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 cure or correct expeditiously any
such inability to perform or comply. For purposes of this article and any franchise
agreement, 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. 02-18, § 2, 7-30-02)
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