Exemption for Program Access Improvements Clause Samples

Exemption for Program Access Improvements. The Parties agree that the City will be exempted from any obligation to install or perform a Program Access Improvement at a particular Pedestrian Facility location if: (i) there exist barriers to remediation controlled by third parties (such as the U.S. Post Office, the State of California, or the Gas Company); (ii) the particular location requires a Program Access Improvement that is required to be performed by a third party pursuant to a lawfully-issued permit, a conditional use permit or other agreement with such third party (in which case, the City will issue a demand to such third party for the prompt completion of the Program Access Improvement); (iii) the particular location is not within City boundaries or is owned by a third party governmental entity (e.g., the United States, the State of California, the County of Los Angeles, or a neighboring municipality); or (iv) there exists a technical infeasibility to installing or performing a Program Access Improvement at the particular location because of topography or some other factor, including if remediation would be “technically infeasible” as defined by Standard 106.5 of the 2010 ADA Standards for Accessible Design. The Parties also agree that the obligations of the City with respect to Program Access Improvements at a particular location or with respect to a particular access barrier may be postponed if the postponement is caused by or attributable to a force majeure (that is, due to acts of God, war, government regulations (other than regulations by the City), terrorism, disaster (including power outages), strikes, civil disorder, government declared fiscal emergency, or an emergency beyond the City’s control that make it illegal or impossible for the City to perform the access work at issue. Under this provision, the City’s obligations may be tolled for the period of the force majeure’s effect.