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i ,MAY 81974 M B. At all times herein where discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is taken by the Board of County Commissioners, can request of said Board that a group'of arbitrators be appointed, and such group shall consist of: 1. County -Engineer ..2.- Company Engineer 3. One person selected by the ` two above-named persons - . i and this Board of Arbitrators shall make recommendations to the Board of County `! Commissioners, but such recommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, can be appealed to the Cigcuit Court of Indian River County by either-, 7 Party. SECTION X All pipes., mains, valves and other fixtures laid or placed by the Company I shall be so located in the public places in the County so as not to obstruct or inter- fere with any other uses made of such public places aIready. Instal led. The Company, shall, whenever practicable, avoid interfering with the use of any street, alley or { 4 .other highway where the paving or surface of the same would be disturbed. In i case of any disturbance of pavement, sidewalk, driveway or other surfacing, the � j Company shall, at its own cost and expense and in a manner approved by the County 1 Engineers, replace and restore all such surface so disturbed in as good condition as �i before said work was commenced and shall maintain the restoration in an approved condition for a period of one (1) year. In the event that the County shall, at any time, lawfully elect to alter or change the'grade of or relocate or widen or otherwise change any such public way, the Company shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Company shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or.may become dangerous to the traveling Jpublic. in the event any such public place under or upon which the Company shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Company thereto; provided, I however, in the event of this termination of easement, the person requesting such ! -4- Smith, Heath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 �i eoo� -20 PAcr 18.