In the event a franchisee's performance of or compliance with this chapter or the
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 shall
use all practicable means to expeditiously cure or correct any such inability to perform
or comply. For purposes of this chapter 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, shall include, without limitation, a 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. 98-20, § 1, 9-15-98)
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