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JUL <br />a <br />0 <br />a <br />0 <br />.I <br />4 <br />I <br />U <br />a <br />W <br />M <br />0 <br />ff <br />W <br />0 <br />g <br />W <br />F <br />a <br />LL <br />9i <br />W <br />2 <br />0 <br />1 <br />SECTION XXII <br />Nothing in this franchise shall prevent landowners from <br />exercising their vested rights or privileges as setforth and <br />contained in any license issued to any utility heretofore granted <br />by the Board pursuant to Section 125.43, Florida Statutes. <br />SECTION XXIII <br />It is specifically agreed by and between the parties hereto <br />that this franchise shall be considered a franchise agreement by <br />and between Corporation and County and as such a contractual <br />instrument recognized under the Statutes and Laws of the State of <br />Florida. This Franchise Agreement is not intended to create <br />rights or actions running in favor of third parties, except as <br />herein specifically provided. <br />SECTION XXIV <br />Provisions herein to the contrary notwithstanding, the <br />Corporation shall not be liable for the non-performance or delay <br />in performance of any of its obligations undertaken pursuant to <br />the terms of this franchise where said failure or delay is due to <br />causes beyond the Corporation's control including, without <br />limitation, causes such as, "Acts of God", unavoidable casualties, <br />labor disputes, etc. <br />IN WITNESS WHEREOF, the Board of County Commissioners of <br />Indian River County, Florida has caused this franchise to be <br />executed in the name of the County of Indian River by the Chairman <br />of the Board of County Commissioners and its seal to be affixed <br />and attested by its Clerk, all pursuant to the resolution of the <br />Board of County Commissioners adopted on the 7th day of <br />July , 1982. <br />Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA <br />in the presence of: <br />i <br />By C✓' <br />Cham n <br />Board of County Commissioners <br />Attest: <br />Lanpdp.'Iegal <br />oved as to form Clerk <br />ffid c <br />Srandenbur�y *y71 82my as <br />acor 5® Put 1( 5 <br />,o <br />