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SECTIONXXII <br />® RIGHTS OF LANDOWNERS <br />Nothing in this franchise shall prevent landowners from exercising <br />e their vested rights or privileges as set forth and contained in any license <br />issued to any utility heretofore granted by the Board pursuant to Section <br />125.42, Florida Statutes. <br />SECTION XXIII <br />•• <br />CONTRACTUAL AGREEMENT <br />It is specifically agreed by and between the parties hereto that this <br />franchise shall be considered a franchise agreement between the Utility <br />and the County and as such a contractural instrument recognized under the <br />Statutes and Laws of the State of Florida. This franchise agreement is not <br />intended to create rights or actions running in favor of third parties, <br />except as herein specifically provided. <br />NON-PERFORMANCE <br />Provisions herein to the contrary notwithstanding, the Utility shall <br />not be liable for the non-performance or delay in performance of any of its <br />obligations undertaken pursuant to the terms of this franchise where said <br />failure or delay is due to causes beyond the Utility's control, including <br />without limitation, causes such as "Acts of God", unavoidable casualties, <br />labor disputes, etc. <br />EXECUTION 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 and <br />the same shall not invalidate the remainder. <br />SECTION XXVI <br />It is expressly understood and agreed upon by and between the Utility <br />and the County that that certain agreement between the Franchisee/Utility <br />and the County, dated the 5th day of June, 1985, which is attached to this <br />resolution shall be considered a part of this resolution and incorporated <br />herein and the terms of the agreement and the franchise shall be construed <br />