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(a) Number of system users as of the end of each Fiscal Year; (b) Withdrawal of any System users comprising 4% or more of the System's sales (measured in terms of revenue dollars) since the last reporting date; and (c) Any significant plant expansion or retirements planned or in progress. "SECTION 23. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements and provisions hereof, and shall in no way affect the validity thereof or of the Bonds issued hereunder. "SECTION 24. VALIDATION. The attorney for the County is hereby authorized and directed to institute appropriate proceedings in the Circuit Court of the Nineteenth Judicial Circuit of Florida in and for Indian River County, Florida, for the validation of the Bonds. "SECTION 25. REPEALER. All resolutions or parts of resolutions in conflict herewith are hereby repealed. "SECTION 26. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption." SECTION 4. Severability of Invalid Provisions, If any one or more of the provisions contained herein shall be held contrary to the express provisions of law or contrary to the policy of express law, though not expressly Prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed severable from the remaining provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 5. Repealing Clause Any and all prior resolutions and other actions of the Board, or parts thereof, in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. - 42 - I t N (a) Number of system users as of the end of each Fiscal Year; (b) Withdrawal of any System users comprising 4% or more of the System's sales (measured in terms of revenue dollars) since the last reporting date; and (c) Any significant plant expansion or retirements planned or in progress. "SECTION 23. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements and provisions hereof, and shall in no way affect the validity thereof or of the Bonds issued hereunder. "SECTION 24. VALIDATION. The attorney for the County is hereby authorized and directed to institute appropriate proceedings in the Circuit Court of the Nineteenth Judicial Circuit of Florida in and for Indian River County, Florida, for the validation of the Bonds. "SECTION 25. REPEALER. All resolutions or parts of resolutions in conflict herewith are hereby repealed. "SECTION 26. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption." SECTION 4. Severability of Invalid Provisions, If any one or more of the provisions contained herein shall be held contrary to the express provisions of law or contrary to the policy of express law, though not expressly Prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provisions shall be null and void and shall be deemed severable from the remaining provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 5. Repealing Clause Any and all prior resolutions and other actions of the Board, or parts thereof, in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. - 42 -