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- 18 - <br />warranted under the circumstances, and that, as a result of the <br />noncompliance, a particular extension period is appropriate. <br />37. The standards and provisions of this Section shall <br />govern delays in obtaining permits or approvals required for work <br />required by this Decree, provided that Defendant has made timely <br />and complete application for such permits and approvals. <br />BI. POTENTIAL FORCE MAJEIIRE BETWEEN <br />NORTH OLMSTED AND THE STATE OF OHIO <br />38. A. If any event occurs which causes or may cause a <br />delay in North Olmsted's compliance with any requirement of this <br />Consent Decree, North Olmsted shall notify the Ohio EPA in <br />writing within fourteen (14) days from when it knew or by the <br />exercise of due diligence should have known of the event, <br />describing in detail the anticipated length of the deZay, the <br />precise cause or causes of deZay, the measures taken and to be <br />taken by North Olmsted to prevent or minimize the delay and the <br />timetable by which those measures will be implemented. North <br />Olmsted shall adopt all reasonable measures to avoid or minimize <br />any such delay. <br />B. In any action by the State of Ohio to enforce any <br />of the provisions of this Consent Decree, North Olmsted may raise <br />at that time the question of whether it is entitled to a defense <br />that its conduct was caused by circumstances beyond its control. <br />While the State of Ohio does not agree that such a defense <br />exists, it is, however, hereby agreed by North Olmsted and the <br />State of Ohio that it is premature at this time to raise and <br />adjudicate the existence of such a defense and that the <br />?te•ss4. ?. ?r .?-..... .r? z ._,.a . T,,..1W?!kia'?W?.?M?s6?!i?r.w'tY..vk<t?.xr:.v,?? ? ......,. , ..,.r,... . ...?,.. .. ? . . x:::,.?P r.... .. ?, .. . .. ..?: .. .. . .