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aIt 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 />4b agreement is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />SECTION XXV <br />WN -PERFORM <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 />SECTION XXVI <br />EXDCCfPION 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 VHURBOF, The Board of County Conndssioners of Indian <br />River County, Florida has caused this franchise to be executed in the <br />name of the County of Indian River by the Chairman of the Board of <br />County Cminissioners and its sea]. to be affixed and attested by its <br />Clerk, all pursuant to the resolution of the Board of County <br />Commissioners adopted on the 4th day of April , 1984. <br />Signed, sealed and delivered COUNTY OF INDIAN RIVr32, FLORIDA <br />in the presence of: <br />By C <br />Don C. Scurlock,'Jr:, irman <br />Board of County, Comnissioners <br />Attest:Z. <br />Clerk <br />ACCEPTANCE OF FRANCIiISE <br />osoCIATES, a Georgia partnership, does hereby <br />accept the foregoing franchise, and for their successors and assigns <br />does hereby ca enant and agree to comply with and abide by all of the <br />terms, conditions and provisions therein set forth and contained. <br />15 <br />