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Section 26. Force Majeure. In the event Franchisee is prevented or delayed in the
<br />performance of any of its obligations herein due to circumstances beyond its control or by
<br />reason of a force majeure occurrence, such as, but not limited to: acts of God, acts of
<br />terrorism, war, riots, civil disturbances, natural disasters, floods, tornadoes, earthquakes,
<br />severe weather conditions, employee strikes, and/or unforeseen labor conditions not
<br />attributable to Franchisee or its employees, Franchisee shall not be deemed in Default of
<br />provisions of this Franchise.
<br />If Franchisee believes that circumstances beyond its control or by reason of a force
<br />majeure occurrence have prevented or delayed its compliance with the provisions of this
<br />Franchise, Franchisee shall provide documentation as required by the City to substantiate
<br />the Franchisee's claim. Franchisee shall have a reasonable time, under the
<br />circumstances, to perform the affected obligation under this Franchise or to procure a
<br />substitute for such obligation with is satisfactory to the City; provided that the Franchisee
<br />shall perform to the maximum extent it is able to perform and shall take reasonable steps
<br />within its power to correct such cause(s) in as expeditious a manner as possible, provided
<br />that the Franchisee takes prompt and diligent steps to bring itself back into compliance
<br />and to comply as soon as possible under the circumstances with the Franchise without
<br />unduly endangering the health, safety, and integrity of the Franchisee's employees or
<br />property, or the health, safety, and integrity of the Franchisee's employees or property, or
<br />the health, safety, and integrity of the public, Public Rights of Way, public property or
<br />private property.
<br />Section 27. Attorneys' Fees. In the event of a suit, action, arbitration, or other
<br />proceeding of any nature whatsoever, whether in contract or in tort or both, is instituted
<br />to enforce any word, article, section, subsection, paragraph, provision, condition, clause
<br />or sentence of this Franchise or its application to any person or circumstance, the
<br />prevailing Party shall be entitled to recover from the losing Party its reasonable attorneys,'
<br />paralegals, accountants, and other expert fees and all other fees, costs, and expenses
<br />actually incurred and reasonably necessary in connection therewith, as allowed by
<br />Washington law and as determined by the judge or arbitrator at trial or arbitration, as the
<br />case may be, or on any appeal or review, in addition to all other amounts provided by
<br />Law. This provision shall cover costs and attorneys' fees related to or with respect to
<br />proceedings in Federal Bankruptcy Courts, including those related to issues unique to
<br />bankruptcy law. This provision shall not apply to the extent that the suit, action,
<br />arbitration, or other proceeding is brought to interpret any term, condition, provision,
<br />section, article, or clause of this Franchise.
<br />Section 28. Venue. This Franchise shall be governed by, and construed in
<br />accordance with the laws of the State of Washington. Any action brought relative to
<br />enforcement of this Franchise, or seeking a declaration of rights, duties, or obligations
<br />herein shall be initiated in the Superior Court of King County, and shall not be removed
<br />to a federal court, except as to claims over which such Superior Court has no jurisdiction.
<br />Removal to federal court shall be to the Federal Court of the Western District of
<br />Washington.
<br />Section 29. Corrections by City Clerk or Code Reviser. Upon approval of the
<br />City Attorney, the City Clerk and the code reviser are authorized to make necessary
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