§ 6.5-166. Force majeure.

A service provider or system owner or operator shall not be held in violation, material breach, default or noncompliance of this article or a franchise, nor suffer any penalty related thereto, including, where applicable, involuntary termination, cancellation or revocation of a franchise, where such violation, breach, default or noncompliance was caused by a natural disaster such as an earthquake, flood, tidal wave, hurricane, or similar devastating act of nature, or any other event that is reasonably beyond a service provider's or system owner's or operator's ability to anticipate and control, or that is of a devastating nature or effect on the system. Force majeure situations shall also include strikes, riots, wars, and armed insurrections, as well as work delays caused by having to wait for utility providers to service or monitor their own utility poles on which a service provider or system owner or operator's cable, wires' facilities and/or equipment is attached, as such may be necessary for the service provider or system owner or operator to comply with this article.

(Ord. No. A-177, § 16, 3-13-2000)