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9ES:djk 08/31/87R <br /> <br />rights of access, to such transfer station facilities and/or <br />disposal facilities available to, or under the control of, <br />Company for the transferring and disposal of Solid Waste, and <br />Company shall, to the extent it possesses rights to use such <br />transfer or disposal facilities, assign such rights to the <br />Emergency Operator for use during the existence of the Emergency <br />Condition. Not%~ithstanding the foregoing provisions of this <br />section, the use of Company's vehicles, equipment, and other <br />facilities and the assignment of rights to Company shall, in the <br />case of Company's insolvency, bankruptcy or other adverse <br />financial condition, be subject to the provisions of the United <br />States Bankruptcy Act (11 U.S.C. ~§101 et seq.) to the extent <br />applicable. <br /> <br /> During the existence of an Emergency Condition the Emergency <br />Operator shall operate, maintain and repair, without cost to <br />Company, Company's vehicles, equipment and other facilities used <br />by it. Upon the cessation of the Emergency Condition the right <br />to use such vehicles, equipment and facilities shall expire and <br /> <br />the Emergency Operator shall return said vehicles, equipment and <br />facilities to Company in a condition substantially the same as <br />that which existed upon acquiring said vehicles, equipment and <br />facilities, ordinary wear and tear excepted. <br /> <br /> Section 9.5. Indemnification. In the event that an <br />Emergency Operator appointed by Agency or Authority utilizes any <br />facilities and/or equipment of Company, Agency shall defend, <br />indemnify and hold harmless Company and it affiliates from and <br />against any and all losses, expenses, liens, claims, demands and <br />causes of action of every kind and character (excluding those <br />42 <br /> <br /> <br />