In the event the licensee's performance of any of the terms and conditions or obligations
required by this chapter is prevented by a cause or event not within the licensee'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 relieve the licensee of its responsibility to provide enhanced credits and rebates
pursuant to Section 8AA-58(e), but shall not relieve a licensee from its general obligations to provide pro
rata credits or rebates for interruptions in service. For the purpose of this section,
causes or events not within the control of the licensee shall include without limitation
acts of God, strikes, sabotage, riots or civil disturbances, 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 licensee to perform or failure of the licensee 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 the licensee, or the failure of the licensee to secure supplies, services
or equipment necessary for the installation, operation, maintenance or repair of the
cable communications system where the licensee has failed to exercise reasonable diligence
to secure such supplies, services or equipment.
(Ord. No. 90-73, § 1, 7-24-90)
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