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ARTICLE IX EMERGENCY OPERATIONS 3 9.1 Purpose 4 The purpose of this Article is to provide a procedure for collecting Green Waste 5 from Agency's Service Area upon the occurrence of an Emergency Condition 6 resulting from the causes described in Section 9.2 which endanger the public 7 health, safety, and welfare. The parties acknowledge that either temporary 8 cessation or cessation of indetem-dnate duration of the services to be provided by 9 Company hereunder may result in conditions detrimental to the public health, 10 safety, and welfare, and that, in order to protect the public, invoking the 11 extraordinary provisions of this Article may be necessary. 12 9.2 Emergency. Condition 13 A. Cause. "Emergency Condition" as used in this Article means the existence of 14 a condition or conditions which threaten or threatens the public health, 15 safety, and welfare resulting from Company's failure or inability to perform 16 its duties and obligations hereunder due to the effect upon Company of fire, 17 flood, storm, earthquake, or other natural calamity, riot, insurrection, public 18 disobedience, labor controversy, labor strike, insolvency of Company, or 19 similar condition. "Emergency Condition" does not include the results of 20 failure of Company to comply with standards and procedure implemented 21 pursuant to this Agreement or other substandard performance by the 22 Company. 23 B. Hearing; Determination. Authority, Agency, or any of the other member 24 agencies of Authority may hold a hearing on the question of the existence of 25 an Emergency Condition upon giving not less than forty-eight (48) hours' 26 prior written notice to Company and to all member agencies of Authority of 27 said hearing. At the hearing, Company and any and all interested persons 28 shall be given the opportunity to be heard on the question aforesaid. Upon 29 conclusion of the hearing, Agency conducting the hearing shall determine if 30 an Emergency Condition exists in the Service Area of Agency, or of any one 31' or more other such service areas of the member agencies of Authority. If it is 32 deters,tined that an Emergency Condition does exist, the governing body of 33 Agency conducting the hearing shall, by resolution, declare the existence of 34 the Emergency Condition, and transmit a certified copy of the resolution to 35 Company and to all member agencies of Authority. If a majority of the 36 governing bodies of the member agencies of Authority concur in the Page49 8/2/96