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- 17 - <br />measures taken and to be taken to prevent or minimize the <br />noncompliance, a statement as to whether Defendant is claiming <br />Force Majeure, and the bases for Defendant's claim of Force <br />Majeure. Such notification shall be promptly supplemented as <br />additional information becomes available to Defendant concerning <br />the circumstances of the noncompliance, measures taken or to be <br />taken in response to the noncompliance, and the bases for <br />Defendant's claim of Force Majeure. Defendant shall adopt all <br />reasonable measures to avoid or minimize any such noncompliance. <br />Failure to notify the United States within the time period <br />specified above shall constitute a waiver of any claim of Force <br />Majeure. Notification of any noncompliance, in and of itself, <br />shall not extend the time allowed for meeting any requirement or <br />excuse the delay or payment of stipulated penalties. <br />35. If the United States and Defendant agree that the <br />noncompliance is due to a Force Majeure event, the Parties may <br />petition the Court to extend compliance dates directly affected <br />by the delay for a period of time not to exceed the period of <br />delay resulting from such circumstances. <br />36. If the United States and Defendant cannot agree whether <br />the noncompliance is due to a Force Majeure event, the matter <br />shall be resolved pursuant to the Dispute Resolution provision of <br />this Decree. Defendant shall have the burden of going forward <br />and proving that the circumstances alleged to be causing the <br />delay or noncompliance constitute a Force Majeure event, that the <br />duration of the delay caused by such noncompliance is or was <br />