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1 detem-~ination of the existence of an Emergency Condition within fifteen (15) 2 days from the date of adoption of the aforesaid resolution, an Emergency 3 Condition shall be deemed to exist. Inaction by any such governing body 4 within the 15-day period shall be deemed concurrence by such Agency. 5 9.3 Emer_~ency Operations 6 From and after the declaration of the existence of an Emergency Condition 7 ' pursuant to Section 9.2, Authority, or the member agency of Authority which 8 conducted the hearing pursuant to subdivision (b) of Section 9.2, or the designee 9 of either Authority or said Agency (irrespective of whether such designee is 10 another public agency or a privately-owned entity) may assume and carry out, as 11 the "Emergency Operator," the Green Waste Collection operations of Company 12 hereunder if Agency's Service Area is within the area to which the Emergency 13 Condition pertains. Except as provided in Section 9.4, during the period the 14 Emergency Condition exists, all revenues which, but for the Emergency 15 Condition would accrue hereunder to Company, shall instead accrue and be 16 payable to the Emergency Operator. 17 9.4 Use of Company's Facilities 18 Upon the declaration of the existence of an Emergency Condition pursuant to 19 Section 9.2, Company shall make available and relinquish to the Emergency 20 Operator all of Company's operable vehicles, equipment, and other facilities 21 necessary or convenient for collecting Green Waste from Agency's Service Area. 22 Further, Company shall provide the Emergency Operator access, and/or rights 23 of access, to such transfer station facilities and/or disposal facilities available to, 24 or under the control of, Company for the transferring and processing of Green 25 Waste, and Company shall, to the extent it possesses rights to use such transfer 26 or processing facilities, assign such rights to the Emergency Operator for use 27 during the existence of the Emergency Condition. Notwithstanding the foregoing 28 provisions of this Section 9.4, the use of Company's vehicles, equipment and 29 other facilities, and the assignment of rights to Company shall, in the case of 30 Company's insolvency, bankruptcy, or other adverse financial condition, be 31 subject to the provisions of the United States Bankruptcy Act (11 USC §101 et 32 seq.) to the extent applicable. 33 During the existence of an Emergency Condition the Emergency Operator shall 34 operate, maintain, and repair, without cost to Company, Company's vehicles, 35 equipment, and other facilities used by it. Upon the cessation of the Emergency 36 Condition, the right to use such vehicles, equipment, and facilities shall expire, PageS0 8/2/96