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<br /> 1 operations of Contractor hereunder if Agency's Service Area is within the area to which
<br /> 2 the emergency condition pertains. Except as provided in Section 10.04, during the
<br /> 3 period the emergency condition exists, all revenues which, but for the emergency
<br /> 4 condition would accrue hereunder to Contractor, shall instead accrue and be payable to
<br /> 5 the Emergency ()perator.
<br /> 6
<br /> 7 10.04 Use of Contractor's Facilities. Upon the declaration of the existence of an
<br /> 8 emergency condition pursuant to Section 10.02, Contractor shall make available and
<br /> 9 relinquish to the Emergency ()perator all of Contractor's operable vehicles, equipment,
<br /> 10 and other facilities necessary or convenient for Collecting Solid Waste from Agency's
<br /> 11 Service Area. Further, Contractor shall provide the Emergency ()perator access, and/ or
<br /> 12 rights of access, to such Transfer Station facilities and/ or Disposal facilities available to,
<br /> 13 or under the control of, Contractor for the transferring and processing of Solid Waste,
<br /> 14 and Contractor shall, to the extent it possesses rights to use such transfer or processing
<br /> 15 facilities, assign such rights to the Emergency ()perator for use during the existence of
<br /> 16 the emergency condition. Notwithstanding the foregoing provisions of this Section
<br /> 17 10.04, the use of Contractor's vehicles, equipment and other facilities, and the
<br /> 18 assignment of rights to Contractor shall, in the case of Contractor's insolvency,
<br /> 19 bankruptcy, or other adverse financial condition, be subject to the provisions of the
<br /> 20 United States Bankruptcy Act (11 USC 9101 et seq.) to the extent applicable.
<br /> 21
<br /> 22 During the existence of an emergency condition the Emergency ()perator shall
<br /> 23 operate, maintain, and repair, without cost to Contractor, Contractor's vehicles,
<br /> 24 equipment, and other facilities used by it. Upon the cessation of the emergency
<br /> 25 condition, the right to use such vehicles, equipment, and facilities shall expire, and the
<br /> 26 emergency operator shall return said vehicles, equipment, and facilities to Contractor in
<br /> 27 a condition substantially the same as that which existed upon acquiring said vehicles,
<br /> 28 equipment, and facilities, ordinary wear and tear excepted.
<br /> 29
<br /> 30 10.05 Indemnification. In the event that an Emergency ()perator appointed by
<br /> 31 Agency or SBWMA utilizes any facilities and/ or equipment of Contractor, Agency shall
<br /> 32 defend, indemnify, and hold harmless Contractor and its Affiliates from and against
<br /> 33 any and all losses, expenses, liens, claims, demands, and causes of action of every kind
<br /> 34 and character (excluding those based upon the sole active or passive negligence or
<br /> 35 willful misconduct of Contractor, its officers, employees and agents) for death, personal
<br /> 36 injury, property damage, or any other liability or damages, including costs, attorneys'
<br /> 37 fees, and settlements arising out of, or in connection with, the use of Contractor's
<br /> 38 facilities and/ or equipment by said Emergency ()perator.
<br /> 39
<br /> 40 10.06 Cessation of Emergency.
<br /> 41
<br /> 42 A. Hearing; Determination. At any time after the Emergency
<br /> 43 ()perator has commenced the Collection of Solid Waste, Agency may hold a hearing on
<br /> 44 the question of the cessation of the emergency condition upon giving not less than
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