§ 12-108. Force majeure.

(a)

The grantee shall not be held in default under, or in noncompliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the grantee to anticipate and control. This provision includes work delays caused by waiting for utility providers to service or monitor their utility poles to which the grantee's cable system is attached, as well as unavailability of materials and/or qualified labor to perform the work necessary.

(b)

Furthermore, the parties hereby agree that it is not the franchising authority's intention to subject the grantee to penalties, fines, forfeitures or revocation of the franchise for violations of the franchise where the violation was a good faith error that resulted in no or minimal negative impact on the subscribers within the service area, or where strict performance would result in practical difficulties and hardship to the grantee which outweigh the benefit to be derived by the franchising authority and/or subscribers.

(Prior Code, § 155.31)