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deficiencies or defaults and a reasonable time within which the Utility <br />shall renudy the same, which notice shall specify the deficiency or <br />default. If the Utility fails to remedy such deficiency or default <br />within a reasonable time, the Hoard may thereafter schedule a hearing <br />concerning the sat. with reasonable notice thereof to the Utility, and <br />after such hearing at which all interested parties shall be heard, the <br />Hoard may levy liquidated damages of no less than fifty dollars ($:i0) <br />per day that said deficiency or default exists from.. the date of said <br />hearing held by the Hoard; and the Hoard may further limit or restrict <br />this franchise or franchise territory or may terminate and cancel the <br />same in whole or in part if proper reasons thereby are found by the <br />Board. If the Board enters an order pursuant to such hearing and the <br />Utility feels aggrieved by any such order, the Utility may seek review <br />of the Hoard's action by filing a petition for Writ of Certiorari in the <br />Circilit Court of the .r...^,.n j <br />SECTION XXIII <br />RIGHTS OF LANDOWNERS <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 grantrl by the Board pursuant <br />to Section 125.42, Florida Statutes. <br />SECTION XXIV <br />CONTRACTUAL AGREE2ff Rr <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 />SBCTION 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 pursuant 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 />J1117 TP OF FRAM-11ISP AREA <br />SECTION XXvi <br />14 <br />