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40 <br />0/ <br />by regulations of the County. The County shall have the right when <br />special circumstances exist to determine the time during which such <br />construction shall be done. <br />SDCTICN XXII <br />DEVAUIN OF FRANMISE <br />If the Utility fails or refuses to pronptly faithfully ]seep, <br />perforin and abide by each and all of the terms and conditions of this <br />franchise, then the Beard shall give the Utility written notice of such <br />deficiencies or defaults and a reasonable time within which the Utility <br />shall remedy the same, which notice shall specify the deficiency or <br />default. If the Utility fails to reiredy such deficiency or default <br />within a reasonable time, the Board may thereafter schedule a hearing <br />concerning the same with reasonable notice thereof to the Utility, and <br />after such hearing at which all interested parties shall be heard, the <br />Board may levy liquidated damages of no less than fifty dollars ($50) <br />per day that said deficiency or default exists from the date of said <br />hearing held by the Board, and the Board may further limit or restrict <br />this franchise or franchise territory or may terminate and cancel the <br />sante in whole or in part if proper reasons thereby are found by the <br />Hoard. If the Board enters an order purtivant to such hearing and the <br />i <br />Utility feels aggrieved by any such order, the Utility may seek review <br />I <br />of the. Board's action by filing a petition for Writ of Certiorari in the <br />i <br />Circuit Court of the Cowity. <br />SMVION XXIII <br />R.IGf M OF 114MC7MEM,S <br />Nothing in this franchise shall prevent landowners from exercising <br />their vested rights or privileges as set forth and contained in any <br />license issued to any utility heretofore granted by the Board pursuant <br />to Section 125.42, Florida Statutes. <br />t <br />SWrION XX -TV <br />CXIMACiUAL AGRi <br />It is specifically agreed by and between the parties hereto that <br />this franchise shall be considered a franchise agreement between the <br />Utility and the County and as such a contractural instrument recognized <br />under the statutes and Laws of the State of Florida.. This franchise <br />agreement is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />SDL"TlC3N XXV <br />NON-PMOIORMANCE <br />Provisions herein to the contrary notwithstanding, the Utility <br />shall not be liable for the non-performance or delay in performance of <br />any of its obligations undertaken pursuant to the terms of this <br />14 <br />