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ORDINANCE NO. 2000 PAGE 28 §945.29 FORCE MAJEURE; Grantee's INABILITY TO PERFORM. In the event Grantee's performance of any of the terms, conditions or obligations required by this chapter or a franchise granted hereunder is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this section, causes or events not within the control of Grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires. In the event that any such delay in performance orfailure to perform affects only part of Grantee's obligation to perform, Grantee shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct such cause(s). In correcting such cause(s), Grantee shall take all reasonable steps to do so in as expeditious a manner as possible. Grantee shall notify Grantor in writing of the occurrence of an event covered by this Section within five business days of the date upon which Grantee learns of its occurrence. §945.29 ABANDONMENT OR REMOVAL OF FRANCHISE PROPERTY. (a) In the event that the use of any property of Grantee within the franchise area or a portion thereof is discontinued for a continuous period of 12 months, Grantee shall be deemed to have abandoned that franchise property. (b) Grantor, upon such terms as Grantor may impose, may give Grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this chapter, the Grantee shall remove all abandoned above-ground facilities and equipment upon receipt of written notice from Grantor and shall restore any affected street to its former state at the time such facilities and equipment were installed. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. Grantor shall have the right to inspect and approve the condition of the public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any performance bond provided in the franchise shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this section. (c) Upon abandonment of any franchise property in place, the Grantee, if required by the Grantor, shall submit to Grantor an instrument, satisfactory in form to the Grantor, transferring to the Grantor the ownership of the franchise property abandoned.