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54. EPA may. in the unreviewable exercise of its discretion, reduce or waive <br /> stipulated penalties due under this Consent Order. <br /> 55. Respondent may pay the stipulated penalty by check(mail or overnight delivery). <br /> wire transfer, Automated Clearing House (ACH).or online payment. Payment instructions are <br /> available at. Payments made by a cashier's check or certified check must be payable to the order <br /> of"Treasurer. United States of America." and delivered to the following address: <br /> U.S. Environmental Protection Agency <br /> Fines and Penalties <br /> Cincinnati Finance Center <br /> P.O. Box 979077 <br /> St. Louis.Missouri 63197-9000 <br /> • 56. Respondent shall provide notice of stipulated penalty payments made pursuant to <br /> Paragraph 55, accompanied by the title and docket number of this action. to the EPA Region 9 <br /> Compliance Officer at the address provided in Paragraph 68 below. <br /> H. Delays <br /> 57. "Force majeure.- for purposes of this Consent Order. is defined as any event <br /> arising from causes beyond Respondent's control.the control of any entity controlled by <br /> Respondent, or the control of Respondent's contractors,which delays or prevents the <br /> performance of any obligation under this Consent Order,despite Respondent's reasonable best <br /> efforts to fulfill the obligation. The requirement that Respondent exercise"reasonable best <br /> efforts to fulfill the obligation" includes using reasonable best efforts to anticipate any potential <br /> _force majeure event and reasonable best efforts to address the effects of any such event as it is <br /> occurring and/or after it has occurred,to prevent or minimize any resulting delay to the greatest <br /> extent possible. Examples of events that are not force majeure include, but are not limited to. <br /> increased costs or expenses of any work to be performed under this Consent Order. failure to <br /> f <br /> I5 <br />