§ 15-30 — Force majeure

§ 15-30 - Force majeure.

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

(Ord. 90-00, § 3, 9-11-2000)