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this Settlement. EPA and Purchaser shall attempt to resolve any disagreements concerning this <br /> Settlement expeditiously and informally. <br /> 58. Informal Dispute Resolution. If Purchaser objects to any EPA action taken <br /> pursuant to this Settlement, including billings for Future Response Costs, it shall send EPA a <br /> written Notice of Dispute describing the objection(s)within 30 days after such action. EPA and <br /> Purchaser shall have 30 days from EPA's receipt of Purchaser's Notice of Dispute to resolve the <br /> dispute through formal negotiations (Negotiation Period). The Negotiation Period may be <br /> extended at the sole discretion of EPA. Any agreement reached by EPA and Purchaser pursuant <br /> to this Section shall be in writing and shall, upon signature by EPA and Purchaser, be <br /> incorporated into and become an enforceable part of this Settlement. <br /> 59. Formal Dispute Resolution. If EPA and Purchaser are unable to reach an <br /> agreement within the Negotiation Period, Purchaser shall, within 20 days after the end of the <br /> Negotiation Period, submit a statement of position to EPA. EPA may,within 20 days thereafter, <br /> submit a statement of position. Thereafter, an EPA management official at the Assistant <br /> Regional Administrative level or higher will issue a written decision on the dispute to Purchaser. <br /> EPA's decision shall be incorporated into and become an enforceable part of this Settlement. <br /> Following resolution of the dispute, as provided by this Section,Purchaser shall fulfill the <br /> requirement that was the subject of the dispute in accordance with the agreement reached or with <br /> EPA's decision, whichever occurs. <br /> 60. Except as provided in Paragraph 56 (Contesting Future Response Costs) or as <br /> agreed by EPA,the invocation of formal dispute resolution procedures under this Section does <br /> not extend,postpone or affect in any way any obligation of Purchaser under this Settlement. <br /> Stipulated penalties with respect to the disputed matter shall continue to accrue but payment shall <br /> be stayed pending resolution of the dispute as provided in Paragraph 59.Notwithstanding the <br /> stay of payment, stipulated penalties shall accrue from the first day of noncompliance with any <br /> applicable provision of this Settlement. In the event that Purchaser does not prevail on the <br /> disputed issue, stipulated penalties shall be assessed and paid as provided in Section XVII <br /> (Stipulated Penalties). <br /> XVI. FORCE MAJEURE <br /> 61. "Force Majeure" for purposes of this Settlement, is defined as any event arising <br /> from causes beyond the control of Purchaser, of any entity controlled by Purchaser, or of <br /> Purchaser's contractors that delays or prevents the performance of any obligation under this <br /> Settlement despite Purchaser's best efforts to fulfill the obligation. The requirement that <br /> Purchaser exercise "best efforts to fulfill the obligation" includes using best efforts to anticipate <br /> any potential Force Majeure and best efforts to address the effects of any potential Force <br /> Majeure (a) as it is occurring and(b) following the potential Force Majeure such that the delay <br /> and any adverse effects of the delay are minimized to the greatest extent possible. "Force <br /> Majeure" does not include financial inability to complete the Work, or increased cost of <br /> performance. <br /> 20 <br />