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<br />- 19 - <br />appropriate point at which to adjudicate the existence of such a <br />defense is at the time, if ever, that the proceeding to enforce <br />this Consent Decree is commenced by the State. At that time the <br />burden of proving that any delay was or will be caused by <br />circumstances beyond the control of North Olmsted shall rest with <br />North Olmsted. Failure by North Olmsted to timely comply with <br />the notice requirements of this paragraph at the option of Ohio <br />EPA shall constitute a waiver by North Olmsted of any right it <br />may have to raise such a defense. Changed financial <br />circumstances or increased costs associated with the <br />implementation of any action required by this Consent Decree, or <br />changed financial circumstances shall not in any event constitute <br />circumstances beyond the control of North Olmsted, or serve as a <br />basis for an extension of time under this Consent Decree. <br />RII. GENERAL PROVISIONS <br />39. The United States and the State do not waive any rights <br />or remedies available for any violation by North Olmsted of <br />federal or state laws, regulations, or permit conditions other <br />than those specifically addressed in this Consent Decree. <br />40. The Parties agree that it is the responsibility of <br />North Olmsted to achieve and maintain compliance with all <br />applicable Federal and State laws, regulations, and permits, and <br />that compliance with this Consent Decree shall not be a defense <br />to any actions commenced pursuant to said laws, regulations or <br />permits. <br />