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diligently pursue funding source(s)for work to be performed under this Consent Order including <br /> federal and state funding sources,or normal inclement weather. <br /> 58. Respondent shall notify EPA in writing,within 10 business days,of any event <br /> that occurs that causes or is likely to cause delay in compliance with any deadline specified in <br /> this Consent Order. The notification should explain whether the delay was caused by force <br /> majeure,as defined in Paragraph 57,should describe the measures Respondent has taken and/or <br /> will take to prevent or minimize the delay,and should specify the timetable by which <br /> Respondent intends to implement these measures to ensure compliance with the applicable <br /> requirement or deadline. Respondent shall adopt all reasonable measures to avoid or minimize <br /> delay. Submittal of the notice to EPA required by this Paragraph does not, by itself,extend any <br /> deadline or timeframe in this Consent Order. <br /> 59. If,upon receiving notice required under Paragraph 58, EPA agrees that the delay <br /> or anticipated delay in compliance with this Consent Order has been or will be caused by <br /> circumstances that constitute force majeure as defined in Paragraph 57,and upon request by <br /> Respondent, EPA may extend the applicable compliance deadline. Modification of any particular <br /> deadline shall not affect any other deadlines under this Consent Order unless expressly <br /> authorized in writing by EPA. <br /> 60. Respondent has a burden of demonstrating, by a preponderance of the evidence, <br /> that the actual or anticipated delay has been or will be caused by force majeure,that the duration <br /> of the delay was,or will be warranted under the circumstances,that Respondent exercised or is <br /> using its best efforts to avoid and mitigate the effects of the delay,and that Respondent complied <br /> with the requirements of this subsection. <br /> 16 <br />