Emergency Contractual Unit Count Based upon Force Majeure Sample Clauses

Emergency Contractual Unit Count Based upon Force Majeure. In the event of a Force Majeure Event (which shall be defined as war, strike, riot, crime, or act of God (e.g., hurricane, tropical depression or storm, tornado, flooding, earthquake, volcano, etc.)) which renders the Contractor unable to perform the contracted services to the Contractual Units under the regular schedule contemplated by this Contract, Contractor and the City shall, in no less than thirty (30) days but no greater than ninety (90) days of the occurrence of the Force Majeure Event, conduct an Emergency Contractual Unit Count. A Contractual Unit for the purpose of the Force Majeure Event shall be defined as a dwelling or dwellings, either temporary or permanent in nature, within the service area occupied by a person or group of persons. In instances where a permanent dwelling is being repaired and a temporary dwelling or dwellings are being used for housing during the course of the repair, the Contractual Unit shall remain at one (1) per residential lot without regard to the electrical services being provided. Contractual Units habitable prior to the occurrence of the Force Majeure Event, but rendered uninhabitable by the Force Majeure Event with no temporary dwelling placed on the property shall be removed from the Contractual Unit Count. Contractual Units that prior to the Force Majeure Event constituted one (1) unit and after the Force Majeure Event have more than one (1) familial unit using temporary housing on the property will be counted based upon the number of familial unit(s) inhabiting the property temporarily. Emergency Contractual Unit Counts will be conducted by the Contractor and the City every one hundred eighty (180) days for a period of up to two (2) years from the date of the occurrence of the Force Majeure Event. If the final Emergency Contractual Unit Count is completed between October and April, that count shall apply thru the end of the Contract year and the Contractual Unit count provided for in Section 12.02(b) shall be conducted to determine the applicable Contractual Unit count for the next Contract year. If the final Emergency Contractual Unit Count is completed between April and October, then the Contractual Unit count for the next Contract year shall be the final Emergency Contractual Unit Count. In no event shall Contractor be liable for liquidated damages as provided in this Contract for delays due to any Force Majeure Event.