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- 16 - <br />twenty (20) days after termination of the informal negotiations. <br />The United States and the State shall then have thirty (30) days <br />within which to file a written response to such petition. In any <br />such dispute, North Olmsted shall have the burden of proving that <br />the position of the United States or the State is arbitrary or <br />capricious or is otherwise contrary to law. <br />32. The pendency of any dispute under this Section shall <br />not affect North Olmsted's responsibility for timely compliance <br />with the obligations of this Consent Decree, or the right of The <br />United States or the State to seek enforcement of the Decree. <br />X. FORCE MAJEIIRE BETWEEN THE IINITED STATES AND DEFENDANT <br />33. Any failure by Defendant to comply with the <br />requirements of this Consent Decree shall not be a violation of <br />this Consent Decree if such failure is the result of a Force <br />Majeure event. A"Force Majeure" event is defined as any event <br />that is caused by circumstances entirely beyond the control of <br />Defendant which could not reasonably have been foreseen or <br />prevented by Defendant or its contractors. "Force Majeure" does <br />not include increased costs or precipitation events. <br />34. Should Defendant be unable to comply with any provision <br />of this Consent Decree as a result of any circumstances, whether <br />or not such circumstances constitute a Force Majeure, Defendant <br />shall notify the United States no later than 14 days from when it <br />knew or by the exercise of due diligence should have known of <br />such circumstances. Such notification shall be in writing and <br />shall include a precise description of the circumstances, the <br />