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disturbance, act of the public enemy, war, blockade, public riot, explosion, lightning, fire, storm, <br /> flood, earthquake, or other act of nature, (and any mine collapse resulting from the preceding list <br /> of events), governmental action, governmental delay, restraint or inaction, and unavailability of <br /> equipment. <br /> 76. Within seventy-two (72) hours of the time that MineWater knows or has reason to know of the <br /> occurrence of any event which MineWater has reason to believe may prevent MineWater from <br /> timely compliance with any requirement under this Consent Order and Settlement Agreement, <br /> MineWater shall provide verbal notification to the Division. Within seven (7) calendar days of the <br /> time that MineWater knows or has reason to know of the occurrence of such event, MineWater <br /> shall submit to the Division a written description of the event causing the delay, the reasons for <br /> and the expected duration of the delay, and actions which will be taken to mitigate the duration <br /> of the delay. <br /> 77. The burden of proving that any delay was caused by a force majeure shall at all times rest with <br /> MineWater. If the Division agrees that a force majeure has occurred, the Division will so notify <br /> MineWater. The Division will also approve or disapprove of MineWater's proposed actions for <br /> mitigating the delay. If the Division does not agree that a force majeure has occurred, or if the <br /> Division disapproves of MineWater's proposed actions for mitigating the delay, it shall provide a <br /> written explanation of its determination to MineWater. Pursuant to the Dispute Resplution <br /> section, within fifteen (15) calendar days of receipt of the explanation, MineWater may file an <br /> objection. <br /> 78. Delay in the achievement of one requirement shall not necessarily justify or excuse delay in the <br /> achievement of subsequent requirements. In the event any performance under this Consent Order <br /> and Settlement Agreement is found to have been delayed by a force majeure, MineWater shall <br /> perform the requirements of this Consent Order and Settlement Agreement that were delayed by <br /> the force majeure with all due diligence. <br /> DISPUTE RESOLUTION <br /> 79. If the Division determines that that a violation of this Consent Order and Settlement Agreement <br /> has occurred; that a force majeure has not occurred; that the actions taken by MineWater to <br /> mitigate the delay caused by a force majeure are inadequate; that MineWater's Notice of <br /> Completion should be rejected pursuant to paragraph 86, the Division shall provide a written <br /> explanation of its determination to MineWater. Within fifteen (15) calendar days of receipt of the <br /> Division's determination, MineWater shall: <br /> a. Submit a notice of acceptance of the determination; or <br /> b. Submit a notice of dispute of the determination. <br /> If MineWater fails to submit either of the above notices within the specified time, it will be <br /> deemed to have accepted the Division's determination. <br /> 80. If the Division disapproves or approves with modifications any original or revised plan submitted by <br /> MineWater pursuant to this Consent Order and Settlement Agreement, the Division shall provide a <br /> written explanation of the disapproval or approval with modifications. Within fifteen (15) <br /> calendar days of receipt of the Division's approval with modifications or disapproval of the plan, <br /> MineWater shall: <br /> a. In the case of an approval with modifications only, submit a notice of acceptance of the <br /> London Mine, LLC, et at. C O L O R A D O <br /> Compliance Order on Consent and Settlement Agreement �® Department of Public <br /> Page 17 of 23 Health b Environment <br />