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damages of Fifty ($50.00) Dollars per day that said deficiency or default exists from the date of said hearing held by the Board; and the Board may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Utility feels aggrieved by any such order, the Utility may seek review of the Board's action by filing a petition for Wait of Certiorari in the Circuit Court of the County. SECTION XXII Nothing in this franchise shall prevent landowners from exercising their vested rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. SECTION XXIII It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between Utility and 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 provided. 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. The franchise area is intended to be developed as a condominium development with a condominium association organized pursuant to Chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Utility may assign this franchise to such association at any time after its formation, subject to such association agreeing to the terms and 16