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and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any arbitration shall be in accordance with the Florida Arbitration Code. 3. Any final decision the arbitrators or Board may have with respect to this franchise can be appealed to the Circuit Court of Indian River County by either party. SECTION IX DEDICATED EASEMENTS All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains and manholes and other fixtures laid or placed by the Utility for the water and/or wastewater system shall be so located in the dedicated easements in the County after approval by the County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The Utility shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of county -owned pavement, sidewalk, driveway or other surfacing, the Utility shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as 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 any time the County shall lawfully elect to alter or change the grade or to relocate or widen or otherwise change any such County -owned right-of-way, the Utility shall, upon reasonable notice by the County, remove, relay, and relocate its fixtures at the Utility's expense. The Utility 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 public. In the event any such public place under or upon which the Utility shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Utility thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Utility in advance, its cost of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than fifteen (15) feet in width for the benefit of the Utility and its facilities. CVPMTAM Y SERVICE REQUIREMENTS The Utility shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Florida Statute Chapter 367 (1980), except to the extent that said provisions are in conflict with the provisions of the franchise. BOOK