Yucaipa Municipal Code Art. XXXI Termination

In addition to all other rights and powers retained by the city, the city reserves the right to terminate a franchise and all rights and privileges of the franchisee in the event of a failure to comply with, or breach of, a term or condition of the franchise agreement, of the ordinance codified in this title, or of any federal, state, or local law or regulation pertaining to the provision of cable services, which failure has not been remedied following procedures set forth in the ordinance codified in this title and/or the franchise agreement. Material provisions shall include all labeled as such and all others, which, under all the facts and circumstances indicated, are material to the franchise agreement or the ordinance codified in this title. For purposes of this section, “frequent” means more than twelve (12) occurrences in any six (6) consecutive month period. “Unjustified” means without legal excuse.

(Ord. 205 § 3, 2001)

Such material breaches which may serve as a basis for termination shall include but not be limited to the following, provided that the franchisee has been given notice and opportunity to cure such breach as provided in the ordinance codified in this title:

In the event the franchisee’s performance of any of the terms, conditions or obligations required of it under the ordinance codified in this title or the franchise agreement is prevented by any cause or event not reasonably foreseeable and avoidable under standard industry practice or not within the franchisee’s control, such inability to perform shall be excused and no penalties or sanctions of any nature shall be imposed upon the franchisee as a result thereof during said event and for a reasonable time thereafter. Causes or events not within the control of the franchisee include, without limitation, strikes, labor strife, sabotage, riots or civil disturbances, actions of any governmental agency or court, explosions, actions of public enemies, unusually severe weather conditions, natural disasters such as floods, earthquakes, landslides and fires, extended power or communication failures, embargoes, quotas, rationing, material shortages, inability to secure materials or services or equipment from normal sources of supply following diligent efforts to do so and inability to secure approvals, consents or authorizations from any person upon such terms and conditions as are reasonable, in the discretion of the city, after diligent efforts to do so. The period of the franchisee’s performance shall be extended by the period of any such delay. The franchisee shall provide the city with written notice promptly following the franchisee’s knowledge of any such cause or event. Economic hardship, business agreements or misfeasance or malfeasance of the franchisee’s shareholders, partners, directors, officers, or employees shall not be deemed to be causes or events not within the control of the franchisee.

(Ord. 205 § 3, 2001)

Litigation pending against a franchisee shall not excuse the franchisee from the performance of its obligations under the franchise agreement except when such performance is enjoined or prohibited by a court of law or excused or suspended by the city. Failure of a franchisee to perform those obligations which are the subject of litigation, solely because of pending litigation, may result in the imposition of liquidated damages and/or revocation of its franchise. A franchisee may petition the city or a court to be excused from the performance of an obligation under an agreement because of pending litigation.

(Ord. 205 § 3, 2001)