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and the Emergency Operator shall return said vehicles, equipment, and facilities to Company in a condition Substantially the same as that which existed upon acquiring said vehicles, equipment, and facilities, ordinary wear and tear excepted. 5 9.5 Indemnification 6 In the event that an Emergency Operator appointed by Agency or Authority 7 utilizes any facilities and/or equipment of Company, Agency shall defend, 8 indemnify, and hold harmless Company and its affiliates from and against any 9 and all losses, expenses, liens, claims, demands, and causes of action of every 10 kind and character (excluding those based upon the sole active or passive 11 negligence or willful misconduct of Company, its officers, employees and agents) 12 for death, personal injury, property damage, or any other liability or damages, 13 including costs, attorneys' fees, and settlements arising out of, or in connection 14 with, the use of Company's facilities and/or equipment. 15 9.6 Cessation of Emer_eency 16 A. Hearing; Dete~a-~ination. At any time after the Emergency Operator has 17 commenced the collection of Green Waste, Authority, Agency or any of the 18 other member agencies of Authority, the Service Area of which is affected by 19 the Emergency Condition, may hold a hearing on the question of the 20 cessation of the Emergency Condition upon giving not less than forty-eight 21 (48) hours' prior written notice to Company, the Emergency Operator, and all 22 other member agencies of Authority of said hearing. At the hearing, 23 Company, the Emergency Operator, and any and all interested persons shall 24 be given the opportunity to be heard on the question aforesaid. Upon 25 conclusion of the hearing, the agency conducting the hearing shall determine 26 if the Emergency Condition has ceased. If it is determined that the Emergency 27 Condition has 'ceased, the governing body of the agency conducting the 28 hearing shall, by resolution, declare the cessation of the Emergency 29 Condition, and transmit a certified copy of the resolution to Company and to 30 all members, or all other members, Agencies of Authority, and to Authority 31 (if Authority did not conduct the hearing). If a majority of the governing 32 bodies of the member agencies of Authority concur in the declaration of the 33 cessation of the Emergency Condition within fifteen (15) days from the date 34 of adoption of the aforesaid resolution, the Emergency Condition shall be 35 deemed to have ceased. Inaction by any such governing body within the 36 fifteen (15) day period shall be deemed concurrence by such Agency. PageS1 8/2/96