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of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. SECTION XXIII RICRLM OF LANDOWNERS 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 XX1V CONTRACTUAL AGRELP9M It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between the Utility and the 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. SECHON XXV TY'P,1_,Drm7nPmATY w 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. SECPION XXVI INTEND OF FRANCHISE AREA The franchise area is intended to be developed as a condominum development with a condominun 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 conditions hereof and pursuant to the public hearing requirements set forth under Section XII hereof. SEX;TION XXVII NOW "MOUNKSM00,110-61016i If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. 14