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DES:djk 08/31/87R <br /> <br /> Section 9.2. Emergency Condition. (a) Causes. "Emergency <br />Condition" as used in this Article means the existence of a <br />condition or conditions which threaten or threatens the public <br />health, safety, and welfare resulting from Company's failure or <br />inability to perform its duties and obligations hereunder due to <br />the effect upon Company of fire, flood, storm, earthquake, or <br />other natural calamity, riot, insurrection, public disobedience, <br />labor controversy, labor strike, insolvency of Company, or <br />similar condition. "Emergency Condition" does not include the <br />results of failure 'of Company to comply with standards and <br />procedures implemented pursuant to Section 5.1, the provisions of <br />Sections 5.2, 5.3, 5.4, 5.6 and 5.7 or other substandard <br />performance by Company. <br /> <br /> (b) Hearing; Determination. Authority, Agency, or any of <br />the other member agencies of Authority may hold a hearing on the <br />question of the existence of an Emergency Condition upon giving <br />not less than forty-eight (48) hours' prior written notice to <br />Company and to all member agencies of Authority of said hearing. <br />At the hearing Company and any and all interested persons shall <br />be given the opportunity to be heard on the question aforesaid. <br />Upon conclusion of the hearing the agency cohducting the hearing <br />shall deter/nine if an Emergency Condition exists in the Service <br />Area of Agency, or of any one or more other such service areas of <br />the member agencies of Authority. If it is determined that an <br />Emergency Condition does exist, the governing body of the agency <br />conducting the hearing shall, by resolution, declare the <br />existence of the Emergency Condition, and transmit a certified <br />copy of the resolution to Company and to all member agencies of <br /> <br /> 4O <br /> <br /> <br />