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SEP - 7 1983 rAe� <br />SEC` CN XXIV <br />,CONTRACTUAL AGREEiVMgr <br />It is specifically agreed by and between the parties hereto that <br />this franchise shall be considered a franchise agreement between the <br />Utility and the County and as such a contractural instrument recognized <br />under the Statutes and Laws of the State of Florida. This franchise <br />agreement is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />• <br />NON-PERFOMMNCE <br />Provisions herein to the contrary notwithstanding, the Utility <br />shall not be liable for the non-performance or delay in performance of <br />any of its obligations undertaken pursuant to the terms of this <br />franchise where said failure or delay is due to causes beyond the <br />Utility's control, including, without limitation, causes such as "Acts <br />of God", unavoidable casualties, labor disputes, etc. <br />y�.M• <br />INTENT OF FRANCHISE AREA <br />The franchise area is intended to be developed as a condominum- <br />development with a condominum association organized pursuant to chapter <br />718, Florida Statutes. Anything herein to the contrary notwithstanding, <br />the Board agrees that the Utility may assign this franchise to such <br />association at any tine after its formation, subject to such association <br />agreeing to the terms and conditions hereof and pursuant to the public <br />hearing rests set forth under Section XII hereof. <br />SECTION XXVII <br />EKECUrION OF FRANCHISE <br />If any word, sections, clause or part of this resolution is held <br />invalid, such portion shall be deemed a separate and independent part <br />and the same shall not invalidate the remainder. <br />IN WITNESS WMREOF, The Board of County Contnissioners of Indian <br />River County, Florida has caused this franchise to be executed in the <br />name of the County of Indian River by the Chairman of the Board of <br />County Ca ndssioners and its seal to be affixed and attested by its <br />Clerk, all pursuant to the resolution of the Board of County <br />Commissioners adopted on the 7th day ofSpptember , 1983. <br />Signed, sealed and delivered COUN'T'Y OF IRIDIAN RIVER, FIARIDA <br />in the presence of: <br />s <br />By <br />Richard N. Bird, Chairman <br />Board[`7andlegal <br />r <br />;j P <br />a j <br />15 Bra <br />Attor <br />