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XVII. STIPULATED PENALTIES <br /> 66. Purchaser shall be liable to EPA for stipulated penalties in the amounts set forth in <br /> Paragraphs 67 and 68 for failure to comply with the requirements of this Settlement specified <br /> below, unless excused under Section XVI (Force Majeure). "Compliance"by Purchaser shall <br /> include completion of all activities and obligations, including payments,required under this <br /> Settlement, or any deliverable approved under this Settlement, in accordance with all applicable <br /> requirements of law, this Settlement and any deliverables approved under this Settlement and <br /> within the specified time schedules established by and approved under this Settlement. <br /> 67. Stipulated Penalty Amounts—Compliance Milestones. <br /> a. The following stipulated penalties shall accrue per violation per <br /> day for any noncompliance identified in Paragraph 67.b: <br /> Penalty Per Violation Per Day Period of Noncompliance <br /> $ 1,000 1st through 14th day <br /> $ 2,000 15th through 30th day <br /> $ 4,000 31st day and beyond <br /> b. Compliance Milestones. <br /> (1) Failure to comply with the schedule set forth in the Removal Work <br /> Plan for Phase 1; <br /> (2) Timely submission of the Final Report of Phase 1; <br /> (3) Failure to comply with the schedule set forth in the Removal Work <br /> Plan for Phase 2 if Purchaser's Phase 2 obligations remain obligations under this Settlement <br /> pursuant to Paragraph 26.c and are not performed under a DRMS permit; <br /> (4) Timely submission of the Final Report of Phase 2 if Purchaser's <br /> Phase 2 obligations remain obligations under this Settlement pursuant to Paragraph 26.c and are <br /> not performed under a DRMS permit; and <br /> (5) Establishment and maintenance of financial assurance in <br /> compliance with the timelines and other substantive and procedural requirements of Section <br /> XXV(Financial Assurance). <br /> 68. Stipulated Penalty Amounts—Other Non-compliance. The following stipulated <br /> penalties shall accrue per violation per day for failure to submit timely or adequate deliverables <br /> pursuant to this Settlement or to comply with any other requirement of this Settlement: <br /> Penalty Per Violation Per Day Period of Noncompliance <br /> $ 500 1st through 14th day <br /> $ 1,000 15th through 30th day <br /> 22 <br />