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

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Court as provided in Paragraph 28 of this Consent Decree. 38. Sta, o~Stipulated Penalties Pending Dispute Resolution Process. The filing of a motion requesting that the Court resolve a dispute shall stay Defendants' obligation to pay any stipulated penalties with respect to the disputed matter pending resolution of the dispute. Notwithstanding the stay of payment, stipulated penalties shall continue to accrue from the first day of any failure or refusal to comply with any term or condition of this Consent Decree. In the event a moving Defendant or Defendants prevail in the dispute, stipulated penalties for the period of time required to resolve the dispute need not be paid. In the event that the moving Defendant or Defendants do not prevail on the disputed issue, stipulated penalties shall continue to be due and payable by Defendants as provided in this Section. 39. Excuse for Force Majeure Events. To the extent Defendants demonstrate to the Court that a delay or other non-compliance was due to a Force Majeure event (as defined in Paragraph 31 above) or otherwise prevail on the disputed issue, the Court shall excuse the stipulated penalties for that delay or non-compliance. 40. Interest on Stipulated Penalties. In the event that a stipulated penalty payment is applicable and not made on time, interest will be charged on the stipulated penally amount in accordance with the statutory judgment interest rate provided for in 28 U.S.C. § 1961. The interest shall be computed daily from the time the payment is due until the date the payment is made. The interest shall also be compounded annually. 41. Payment Instructions for Stipulated Penalties. Except as otherwise agreed by the parties, Defendants shall make the above-referenced payment by electronic funds transfer pursuant to instructions to be provided by the Financial Litigation Unit of the United States —15— Case 1:16-cv-02008-WYD Document 2 Filed 08/08/16 USDC Colorado Page 17 of 82