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

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state, ax local permits. 32. Notification of Force Maieure Event or Act of Plaintiff or its Agent Dela~~ or Preventing Compliance. If Defendants believe that a Force Majeure event has affected their ability to perform any action required under this Consent Decree, Defendants shall notify the United States in writing within 10 working days after the event or act has occurred at the addresses listed in Section XII. Such notice shall include a discussion of what action has been affected; the specific causes) of the delay or non-compliance; the length or estimated duration of any resulting delay; any measures taken or planned by the Defendants to prevent or minimize the delay; and a schedule for the implementation of such measures. Defendants may also provide to the United States any additional information that they deem appropriate to support their conclusion that a Force Majeure event has affected their ability to perform an action required under this Consent Decree. Failure to provide the foregoing information to the United States in a timely fashion shall constitute a waiver of any claim a Force Majeure event has delayed or prevented the Defendants' compliance with this Consent Decree. 33. Relief from Compliance or Extension of Deadline Due to Force Majeure Event. If the United States determines that the conditions constitute a Force Majeure event, then, at the discretion of the United States, subject to dispute by Defendants, the deadline for the affected action may be extended by the amount of time of the delay caused by the Force Majeure event, or the Defendants shall be relieved from completing the affected action. Defendants shall coordinate with the United States to determine when to begin or resume the operations that were affected by any Force Majeure event. 34. Dispute Resolution Regarding Force Majeure. If the parties are unable to agree —13— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 15 of 82