In the event the Operator's performance of any of the terms and conditions or obligations
required by this article is prevented by a cause or event not within the Operator'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 Operator of its responsibility to provide enhanced credits and rebates
pursuant to Section 20-512(d) of this article, but shall not relieve an Operator 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 Operator 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 Operator to perform or failure of the Operator
to obtain any necessary permits or authorizations 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 Operator, or the failure of the Operator to
secure supplies, services or equipment necessary for the installation, operation,
maintenance or repair of the cable communications system where the Operator has failed
to exercise reasonable diligence to secure such supplies, services or equipment.
(Ord. No. 1999-14, § 1.43, 4-13-99)
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