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SECTION XXV <br />NON-PERFORMANCE <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 p a want to the terms of this <br />franchise where said failure or delay is due to causes beyond the <br />Utility's control, including, without limitation, causes such as "Acts <br />of God", unavoidable casualties, labor disputes, etc. <br />SBCPION XXVI <br />INPFNT OF FRANCHISE AREA <br />The franchise area is intended to be developed as a condonunum <br />development with a condominum association organized pursuant to chapter <br />718, Florida Statutes. Anything herein to the contrary notwithstanding, <br />the Hoard agrees that the Utility may assign this franchise to such <br />association at any time after its formation, subject to such association <br />agreeing to the terms and conditions hereof and pursuant to the public <br />hearing requirements set forth under Section XII hereof. <br />SI 210N XXVII <br />MMMTION OF FRANCHISE <br />if any word, sections, clause or part of this resolution is held <br />invalid, such portion shall be deemed a separate and independent part <br />and the same shall not invalidate the remainder. <br />IN WITNESS WHMMF, The Board of County Comii,ssioners of Indian <br />River County, Florida has caused this franchise to be executed in tlx: <br />name of the County of Indian River by the Chairman of the Hoard of <br />15 <br />