| OCR Text |
Show such that the delay is minimized to the greatest extent practicable. Examples of events that are not force majeure events include, but are not limited to, increased costs or expenses of any Work to be performed under this Order and financial difficulty of Respondent to perform such Work. any event occurs or has occurred that may delay the of performance any obligation under this Order, whether or not caused by a force majeure event, Respondent shall notify by telephone the EPA Project Coordinator, or in his or her absence, the Director of the Hazardous Waste Management Division, EPA 61. If Region VIII, within 24 hours of when the Respondent in good faith Within five (5) days .knew that the event might cause a delay. after Respondent knew that the event might cause a delay, Respondent shall provide in writing (a) the reasons for the delay; (b) the anticipated duration of the delay; (c) all actions taken or to be taken to prevent or minimize the delay; (d) a schedule for implementation of any measures to be taken to mitigate the effect of the delay; and (e) a statement as to whether, in the opinion of Respondent, such event may cause or contribute to an endangerment to public health, welfare, or the environment. Respondent· hall exercise best efforts to avoid or minimize any delay and any effects of a delay. Failure to comply with the above requirements shall. subject Respondent to stipulated .penalties for such failure as provided in paragraph 55. agrees that the delay or anticipated delay is force majeure, the time for performance of the obligations under this Order that are directly affected by the force majure event sall be extended by agreement of the parties for a period of time not to exceed the actual duration of the 62. If attributable EPA to delay caused by the force majeure event, or longer if deemed An extension of the time for performance of appropriate by EPA. the obligation directly affected by the force majeure event shall not, of itself, extend the time for performance of any unrelated No stipulated penalties shall accrue if a subsequent obligation. delay is aused by a force majeure event. REIMBURSEMENT XIX. OF RESPONSE COSTS from the effective date of this Order, shall pay $249,073.73 (as described in EPA cost Respondent summaries) to the United States as reimbursement of past response costs incurred by EPA with respect to the Site. is in 63. Thirty days 64. After effect, the EPA end shall of each submit calendar to year Respondent in an which this accounting Order of response costs incurred and any interest accrued in connection Such costs shall include all with this Order and the Site. direct and indirect response costs incurred by EPA and any The first accounting interest accrued pursuant to paragraph 66. 21 |
