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62. If any event occurs or has occurred that may delay the performance of any <br /> obligation under this Settlement for which Purchaser intends or may intend to assert a claim of <br /> Force Majeure, Purchaser shall notify EPA's OSC orally or, in his or her absence,the Director of <br /> the Waste Management Division, EPA Region 8, within 7 days of when Purchaser first knew <br /> that the event might cause a delay. Within 30 days thereafter,Purchaser shall provide in writing <br /> to EPA an explanation and description of the reasons for the delay;the anticipated duration of <br /> the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for <br /> implementation of any measures to be taken to prevent or mitigate the delay or the effect of the <br /> delay; Purchaser's rationale for attributing such delay to a Force Majeure; and a statement as to <br /> whether, in the opinion of Purchaser, such event may cause or contribute to an endangerment to <br /> public health or welfare, or the environment. Purchaser shall include with any notice all available <br /> documentation supporting its claim that the delay was attributable to a Force Majeure. Purchaser <br /> shall be deemed to know of any circumstance of which Purchaser, any entity controlled by <br /> Purchaser, or Purchaser's contractors knew or should have known. Failure to comply with the <br /> above requirements regarding an event shall preclude Purchaser from asserting any claim of <br /> Force Majeure regarding that event,provided, however,that if EPA, despite the late or <br /> incomplete notice, is able to assess to its satisfaction whether the event is a Force Majeure under <br /> Paragraph 61 and whether Purchaser have exercised their best efforts under Paragraph 61, EPA <br /> may, in its unreviewable discretion, excuse in writing Purchaser's failure to submit timely or <br /> complete notices under this Paragraph. <br /> 63. If EPA agrees that the delay or anticipated delay is attributable to a Force <br /> Majeure, the time for performance of the obligations under this Settlement that are affected by <br /> the Force Majeure will be extended by EPA for such time as is necessary to complete those <br /> obligations. An extension of the time for performance of the obligations affected by the Force <br /> Majeure shall not, of itself, extend the time for performance of any other obligation. If EPA does <br /> not agree that the delay or anticipated delay has been or will be caused by a Force Majeure, EPA <br /> will notify Purchaser in writing of its decision. If EPA agrees that the delay is attributable to a <br /> Force Majeure, EPA will notify Purchaser in writing of the length of the extension, if any, for <br /> performance of the obligations affected by the Force Majeure. <br /> 64. If Purchaser elects to invoke the dispute resolution procedures set forth in Section <br /> XV(Dispute Resolution), it shall do so no later than 15 days after receipt of EPA's notice. In any <br /> such proceeding, Purchaser shall have the burden of demonstrating by a preponderance of the <br /> evidence that the delay or anticipated delay has been or will be caused by a Force Majeure,that <br /> the duration of the delay or the extension sought was or will be warranted under the <br /> circumstances,that best efforts were exercised to avoid and mitigate the effects of the delay, and <br /> that Purchaser complied with the requirements of Paragraphs 61 and 62. If Purchaser carries this <br /> burden, the delay at issue shall be deemed not to be a violation by Purchaser of the affected <br /> obligation of this Settlement identified to EPA. <br /> 65. The failure by EPA to timely complete any obligation under the Settlement is not <br /> a violation of the Settlement,provided,however, that if such failure prevents Purchaser from <br /> meeting one or more deadlines under the Settlement, Purchaser may seek relief under this <br /> Section. <br /> 21 <br />