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1 forty-eight (48) hours' prior written notice to Contractor, the Emergency Operator, and 2 all other Member Agencies of SBWMA of said hearing. At the hearing, Contractor, the 3 Emergency Operator, and any and all interested Persons shall be given the opportunity 4 to be heard on the question aforesaid. Upon conclusion of the hearing, the Agency shall 5 determine if the emergency condition has ceased. If it is determined that the emergency 6 condition has ceased, the Agency shall, by resolution, declare the cessation of the 7 emergency condition, and transmit a certified copy of the resolution to Contractor and 8 to all members, or all other member agencies of SBWMA , and to SBWMA....:. 9 10 B. Resumption of Service. Upon the declaration of cessation of the 11 emergency condition, the emergency operator shall return to Contractor its vehicles, 12 equipment, and other facilities acquired and used by it under Section 10.04 Further, 13 upon the declaration of cessation of the emergency condition, and unless Agency has 14 terminated this Agreement pursuant to Section 10.07, Contractor shall recommence its 15 operations hereunder and shall perform all of its duties and obligations in accordance 16 with the provisions hereof, and shall be entitled to all of its rights hereunder, including 17 accrual of revenues for its benefit, from and after the date upon which the emergency 18 condition shall be deemed to have ceased. 19 20 C. Limitation. Notwithstanding anything herein contained to the 21 contrary, no emergency condition shall exist for more than 180 consecutive days. Upon 22 the expiration of said 180 days, and unless the emergency condition has ceased prior 23 thereto, this Agreement shall terminate. In the event of such termination, no rights shall 24 accrue to Contractor under this Agreement from and after the date of termination. 25 26 10.07 Agency Termination of Agreement. Notwithstanding the provisions of 27 Section 10.06, if, upon the cessation of the emergency condition, Agency's determines 28 (irrespective of contrary determinations by SBWMA or other member agencies of that). 29 Contractor is not substantially able to perform its duties and obligations hereunder due 30 to the effects of the emergency condition, the Agency Council/Board may declare this 31 Agreement terminated effective upon the date of the cessation of the emergency 32 condition. In the event of such termination, no rights shall accrue to Contractor under 33 this Agreement from and after the date of termination. 34 35 36 ARTICLE 11 37 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES 38 39 11.01 Events of Default. All provisions of the Agreement and this Agreement 40 to be performed by Contractor are considered material. Each of the following shall 41 constitute an event of default. 42 43 A. Fraud or Deceit. If Contractor practices, or attempts to practice, 44 any fraud or deceit upon Agency. Atty j Agrj2005.022 060205 -56-