2016-08-10_GENERAL DOCUMENTS - M1981185 (2)

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29. Extension of Time to Meet. Obligations Due to Dispute. The filing of a motion asking the Court to resolve a dispute shall not extend or postpone any obligation of either Defendant under this Consent Decree, except as provided in Paragraph 39 below regarding payment of stipulated penalties or as ordered. by the Court upon filing of a motion for extension of time. 30. Shortenin Dispute Resolution Period. If a party believes that (1) a dispute is not a good faith dispute, or (2) that a delay would pose or increase a threat of harm to the public or the environment, or (3) a demand made by the United States would cause irreparable harm to one or more Defendants, the party may move the Court for a resolution of the dispute prior to the expiration of the 30-day period for informal negotiations. The responding party shall have 14 days to respond to the motion and propose an alternative resolution.. IX. FORCE MAJEURE 31. Force Majeure Events. Defendants shall perform the actions required under this Consent Decree within the time limits set forth or approved. herein, unless the performance is prevented or delayed solely by events which constitute a Force Majeure event. A Force Majeure event is defined as any event arising from causes beyond the control of Defendants, including their employees, agents, consultants, and contractors, which could not be overcome by due diligence and which delays or prevents the performance of an action required by this Consent Decree within the specified time period. A force majeure does not include, inter alia, increased costs of performance, changed economic circumstances, changed labor relations, normal precipitation or climate events, changed circumstances arising out of the sale, lease, or other transfer or conveyance of title or ownership or possession of the Site, or failure to obtain federal, —12— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 14 of 82