§ 15-75. Time deemed essence of agreement; estoppel, force majeure.

(a)

Whenever this article or a franchise sets forth any time for any act to be performed by or on the behalf of a grantee, such time shall be deemed of the essence and the grantee's failure to perform within the time allotted, in all cases, shall be sufficient grounds for the county to invoke the remedies available under the terms and conditions of this article and the franchise.

(b)

The grantee shall not be excused from complying with any of the terms and conditions of this article or the franchise by any failure of the county, on any occasion, to insist upon the grantee's performance or to seek grantee's compliance with such terms or conditions.

(c)

Nothing herein shall be construed to require the grantee to comply with the terms of this article or the franchise if prohibited from doing so by disaster, war, civil disobedience, governmental enactment or regulation or other act of God.

(Code 1978, § 7-35)

(Code 1978, § 7-35)