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2023-012
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2023-012
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Last modified
2/3/2023 12:21:41 PM
Creation date
2/3/2023 12:21:11 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/17/2023
Control Number
2023-012
Agenda Item Number
13.B.
Entity Name
City of Vero Beach, Florida
Subject
Water, Wastewater, and Reclaimed Water Franchise Agreement
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Section 19. No Joint Venture or Agency. Nothing in this Franchise Agreement <br />or any exhibit or attachment hereto creates or is intended to create an association, trust, <br />partnership, joint venture, or other entity or similar legal relationship among or between <br />the Parties, or impose a trust, partnership or fiduciary duty, obligation, or liability on or <br />with respect to the Parties. Neither Party is nor shall be deemed the agent or <br />representative of the other Party in any instance whatsoever. <br />Section 20. Disclaimer of Third Party Beneficiaries. This Franchise Agreement <br />is solely for the benefit of the formal parties herein, and no right or cause of action shall <br />accrue upon or by reason hereof, to or for the benefit of any third party not a formal party <br />hereto. <br />Section 21. Binding Affect. All of the provisions of this Franchise Agreement <br />shall be binding upon and inure to the benefit of and be enforceable by the legal <br />representatives, successors, assigns, and nominees of the parties. <br />Section 22. Severability. If any provision of this Franchise Agreement is held to <br />be illegal, invalid, or unenforceable under any present or future law, and if the rights or <br />obligations of any Party under this Franchise Agreement will not be materially and <br />adversely affected thereby, such provision shall be fully severable; this Franchise <br />Agreement will be construed and enforced as if such illegal, invalid, or unenforceable <br />provision had never comprised a part hereof; the remaining provisions of this Franchise <br />Agreement will remain in full force and effect and will not be affected by the illegal, invalid, <br />or unenforceable provision; the Parties shall negotiate in good faith to restore insofar as <br />practicable the benefits to each Party that were affected by such ruling and to include as <br />a part of this Franchise Agreement a legal, valid, and enforceable provision as similar in <br />terms to such illegal, invalid, or unenforceable provision as possible. Such modified <br />provision shall be adopted by the Parties as provided herein for amendments. <br />Section 23. Entire Agreement; Amendments; Counterparts. This instrument <br />constitutes the entire agreement between the Parties and supersedes all previous <br />discussions, understandings, and agreements between the Parties relating to the subject <br />matter of this Franchise Agreement. Amendments to the provisions of this Franchise <br />Agreement shall be made by the Parties only by written formal amendment which <br />amendments shall require approval by the Board of County Commissioners of the <br />COUNTY and the City Council of the CITY. This Franchise Agreement may be executed <br />in two or more counterparts, each of which shall be deemed to be an original and all of <br />which together shall constitute one and the same instrument. <br />SIGNATURE PAGE FOLLOWS <br />Page 8 of 9 <br />
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