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nES:djk 08/31/87R <br /> <br />based upon the sole active or passive negligence or willful <br />misconduct of Company, its officers, employees and agents) for <br />death, personal injury, property damage or any other liability or <br />damages, including costs, attorneys fees, and settlements arising <br />out of, or in connection with, the use of Company's facilities <br />and/or equipment. <br /> <br /> Section 9.6. ~e~sat~on of Emergency. (a) Hearing; <br />Determination. At any time after the Emergency Operator has <br />commenced the Collection of Solid Waste, Authority, Agency or any <br />of the other member agencies of Authority, the Service Area of <br />which is affected by the Emergency Condition, may hold a hearing <br />on the question of the cessation of the Emergency Condition upon <br />giving not less than forty-eight (48) hours' prior written notice <br />to Company, the Emergency Operator, and all other member agencies <br />of Authority of said hearing. At the hearing Company, the <br />Emergency Operator, and any and all interested persons shall be <br />given the opportunity to be heard on the question aforesaid. <br /> <br />Upon conclusion of the hearing, the agency conducting the hearing <br />shall determine if the Emergency Condition has ceased. If it is <br />determined that the Emergency Condition has ceased, the governing <br />body of the agency conducting the hearing shall, by resolution, <br />declare the cessation of the Emergency Condition, and transmit a <br />certified copy of the resolution to Company and to all member, or <br />all other member, agencies of Authority, and to Authority (if <br />Authority did not conduct the hearing). If a majority of the <br />governing bodies of the member agencies of Authority concur in <br />the declaration of the cessation of the Emergency Condition <br />within fifteen (15) days from the date of adoption of tke <br />43 <br /> <br /> <br />