Force majeure

In the event the performance of the licensee of, or compliance with, any of the provisions of this chapter or the license agreement is prevented by a cause or event not within the control of the licensee, such inability to perform or comply shall be deemed excused and no fines or sanctions shall be imposed as a result thereof, provided, however, that licensee uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter and any license agreement granted or renewed hereunder, causes or events not within the control of the licensee 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 control of the licensee, and thus not falling within this section, shall include, without limitation, the financial inability of the licensee to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of directors, officers, employees, contractors or agents of the licensee.

(Ord. No. 11936, § 3, 6-8-00)