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agreement is not intended to create rights or actions running in favor <br />of of third parties, except as herein specifically provided. <br />SECTION XXV <br />® M 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 />S Utility's control, including, without limitation, causes such as "Acts <br />of God", unavoidable casualties, labor disputes, etc. <br />SECTION XXVII <br />E)M:CUTION 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 WHEREOF, The Board of County Ccx(mi.ssioners 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 Commissioners and its seal to be affixed and attested by its <br />Clerk, all pursuant to the resolution of the Board of County <br />Conmissioners adopted on the 6th day of February , 1985. <br />Signed, sealed and delivered COUIM OF IPIDIAN RIVER, FLORIDA <br />in the presence of: <br />atrick Lyons, Chai <br />Board of County 'oners <br />:test: .09ILtdc, <br />Clerk <br />ACCEPTANCE OF FRIMIISE <br />RIVEMALK UTILITIES, INC., does hereby accept the foregoing <br />franchise, and for their successors and assigns does hereby covenant and <br />agree to carply with and abide by all of the terms, conditions and <br />provisions therein set forth and contained. <br />,,DATTErD at Vero Beach, Indian River County, Florida, this day <br />of !¢/y 1985. <br />WITNESS: RIVERMUZ UTILITIES, INC. <br />15 <br />