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r - A P R 4 1984 BOOK 56 FACE 572 It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between the Utility and the County and as such a contractural instrument recognized under the Statutes and Laws of the State of Florida. This franchise agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provides. SECTION XXV NON-PERFORMANCE Provisions herein to the contrary notwithstanding, the Utility shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this franchise where said failure or delay is due to causes beyond the Utility's control, including, without limitation, causes such as "Acts of God", unavoidable casualties, labor disputes, etc. SECTION XXVI EXECUTION OF FRANCHISE If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, The Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 4th day of April , 1984. Signed, sealed and delivered in.the presence of: Le -'elk k5p i6r4reTiffie kNj" WTN k, a -5�I' • • !/ By CALOdle ,rA Don C. Scurlock, Jr., Board of County;Comnissioners Attest:L V. I't I Clerk INCE OF FRANCAISE M, a Georgia partnership, does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to ccmply with and abide by all of the terms, conditions and provisions therein set forth and contained. M 15 M