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26. Definition of force majeure Force majeure is defined, for the purposes of this <br /> Consent Decree, as an event, circumstance, or condition arising from cause(s) beyond the <br /> control of the Party asserting these force maieure provisions that prevents the performance of <br /> any obligation in this Consent Decree, or that causes delays in the performance of such an <br /> obligation that cannot be avoided through the exercise of due care. Force maieure will not <br /> include increased costs or expenses associated with the implementation of this Consent Decree, <br /> or changed financial circumstances; or the failure to apply in a timely manner for any required <br /> governmental permit, license, land use authorization or entitlement, or failure to make timely <br /> provision of all information required therefor; or the failure of SGC to obtain access on <br /> mitigation project sites not owned by it, thus preventing it from doing the project; or the <br /> failure of SGC to obtain access for the Division on mitigation project sites not owned by it <br /> pursuant to paragraph 34, thus preventing the Division from inspection of the project. Force <br /> majeure for the Division will not include lack of agency financial or staff resources. <br /> 27. Effect of for majeure• A force majeure will excuse either Party from timely <br /> performance of a particular obligation under this Consent Decree for that time during which <br /> the force majeure is in effect. <br /> XIV. ENFORCEMENT OF CONSENT DECREE <br /> 28. Remedies for Breach. In the event that either Party breaches any term or <br /> condition of this Consent Decree, the nonbreaching Party may seek any appropriate relief in <br /> 38911-3,51.1,196 28 <br />