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granted by the Board pursuant to Section 125.43, Florida <br />Statutes. <br />SECTION XXIII <br />It is specifically agreed by and between the parties <br />hereto that this franchise shall be considered a Franchise <br />Agreement between Corporation and County and as such a <br />contractual instrument recognized under the Statutes and Laws of <br />0 M the State of Florida. This Franchise Agreement is not intended <br />to create rights or actions running in favor of third parties, <br />except as herein specifically provided. <br />Provisions herein to the contrary notwithstanding, the <br />Corporation shall not be liable for the non-performance or delay <br />in performance of any of its obligations undertaken pursuant to <br />the terms of this franchise where said failure or delay is due <br />to causes heyone the Corporatin's control, including, without <br />limitation, causes such as , "Acts of God", unavoidable <br />casualties, labor disputes, etc. <br />SECTION XXV <br />The franchise area is intended to be developed as a <br />condominium development with a condominium association organized <br />pursuant to Chapter 718, Florida Statutes. Anything herein to <br />the contrary notwithstanding, the Board agrees that the <br />Corporation may assign this franchise to such association at any <br />time after its formation, subject to such association agreeing <br />to the terms and conditions hereof and pursuant to the public <br />hearing requirements set forth under Section XII hereof. <br />SECTION XXV <br />If any word, section, clause or part of this resolution <br />is held invalid, such portion shall be deemed a separate and <br />independent part and the same shall not invalidate the remainder <br />MIRIM <br />