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$ 2,000 31st day and beyond <br /> 69. All penalties shall begin to accrue on the day after the complete performance is <br /> due or the day a violation occurs and shall continue to accrue through the final day of the <br /> correction of the noncompliance or completion of the activity. However, stipulated penalties <br /> shall not accrue: (a) with respect to a deficient submission under Paragraph 26 (Removal Work <br /> Plan and Implementation), during the period, if any,beginning on the 31st day after EPA's <br /> receipt of such submission until the date that EPA notifies Purchaser of any deficiency; and(b) <br /> with respect to a decision by the EPA Management Official at the Assistant Regional <br /> Administrator level or higher,under Paragraph 59 of Section XV(Dispute Resolution), during <br /> the period, if any,beginning the 21'day after the Negotiation Period begins until the date that <br /> the EPA Management Official issues a final decision regarding such dispute. Nothing in this <br /> Settlement shall prevent the simultaneous accrual of separate penalties for separate violations of <br /> this Settlement. Penalties shall continue to accrue during any dispute resolution period, and shall <br /> be paid within 15 days after the agreement or the receipt of EPA's decision or order. <br /> 70. Following EPA's determination that Purchaser has failed to comply with a <br /> requirement of this Settlement, EPA may give Purchaser written notification of the failure and <br /> describe the noncompliance. EPA may send Purchaser a written demand for payment of the <br /> penalties. However, penalties shall accrue as provided in the preceding Paragraph regardless of <br /> whether EPA has notified Purchaser of a violation. <br /> 71. All penalties accruing under this Section shall be due and payable to EPA within <br /> 30 days after Purchaser's receipt from EPA of a demand for payment of the penalties, unless <br /> Purchaser invokes the Dispute Resolution procedures under Section XV(Dispute Resolution) <br /> within the 30-day period. All payments to EPA under this Section shall indicate that the payment <br /> is for stipulated penalties and shall be made in accordance with Paragraph 53 (Payments for <br /> Future Response Costs). <br /> 72. If Purchaser fails to pay stipulated penalties when due, Purchaser shall pay <br /> Interest on the unpaid stipulated penalties as follows: (a) if Purchaser has timely invoked dispute <br /> resolution such that the obligation to pay stipulated penalties has been stayed pending the <br /> outcome of dispute resolution, Interest shall accrue from the date stipulated penalties are due <br /> pursuant to Paragraph 69 until the date of payment; and (b) if Purchaser fails to timely invoke <br /> dispute resolution, Interest shall accrue from the date of demand under Paragraph 71 until the <br /> date of payment. If Purchaser fails to pay stipulated penalties and Interest when due, the United <br /> States may institute proceedings to collect the penalties and Interest. <br /> 73. The payment of penalties and Interest, if any, shall not alter in any way <br /> Purchaser's obligation to complete the performance of the Work required under this Settlement. <br /> 74. Nothing in this Settlement shall be construed as prohibiting, altering or in any <br /> way limiting the ability of EPA to seek any other remedies or sanctions available by virtue of <br /> Purchaser's violation of this Settlement or of the statutes and regulations upon which it is based, <br /> including, but not limited to,penalties pursuant to Sections 106(b) and 122(2) of CERCLA, 42 <br /> U.S.C. §§ 9606(b) and 96220, and punitive damages pursuant to Section 107(c)(3) of CERCLA, <br /> 23 <br />