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r� <br />U <br />ARTICLE XIX <br />SECTION 1901 FORCE MAJEURE <br />Neither the Company nor the City shall be liable for any delay or failure in performance of any <br />part of the franchise granted by this Ordinance from any cause beyond its control and without its <br />fault or negligence including, without limitation, acts of nature, acts of civil or military authority, <br />government regulations embargoes, epidemics, terrorist acts, riots insurrections, fires, <br />explosions, earthquakes, nuclear accidents, floods, work stoppages, equipment failure, power <br />blackouts, volcanic action, other major environmental disturbances, or unusually severe weather <br />conditions. <br />SECTION 1902 RESERVATION OF RIGHTS <br />Both the City and the Company reserve and may seek any and all rights and remedies available <br />at law or equity. Neither the City nor the Company shall be deemed to have waived any rights or <br />remedies at law by virtue of adopting or accepting this Franchise Ordinance. <br />ARTICLE XX <br />SECTION 2001 EFFECTIVE DATE <br />• This Ordinance shall be effective upon its passage. <br />Adopted by the Council of the City of Charlottesville on the Jjoay ofA 2005. <br />A%'0`"'11''1'e� C4) - <br />Jean Cox, Clerk of Council <br />ACCEPTED: This franchise is accepted, and we agree to be bound by its terms and conditions. <br />TelCove of Virginia, LLC <br />By <br />• <br />Its <br />Date <br />Page 20 <br />