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stipulated penalty shall be assessed for each violation of this Resolution Agreement . Within 30 days of written demand from the Department , Respondent shall make payment of the appropriate stipulated penalties to " The Department of Environmental Protection" by cashier ' s check or money order and shall include thereon the OGC number assigned to this Resolution Agreement and the notation " Ecosystem Management and Restoration Trust Fund " . Payment shall be sent to the Department of Environmental Protection, Central District Office , 3319 Maguire Boulevard , Suite 232 , Orlando , Florida 32803 -3767 . The Department may make demands for payment at any time after violations occur . Nothing in this Paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Resolution Agreement . Any penalties assessed under this Paragraph shall be in addition to the settlement sum agreed to in Paragraph 12 of this Resolution Agreement . If the Department is required to file a lawsuit to recover stipulated penalties under this Paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Resolution Agreement in an amount greater than the stipulated penalties due under this Paragraph . 14 . If any event, including administrative or judicial challenges by third parties unrelated to the Respondent , occurs which causes delay or the reasonable likelihood of delay , in complying with the requirements of this Resolution Agreement , Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent ' s due diligence . Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor , subcontractor , materialman or other agent (collectively referred to as " contractor " ) to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent , unless the cause of the contractor ' s late performance was also beyond the contractor ' s control . Upon occurrence of an event causing delay , or upon becoming aware of a potential for delay , Respondent shall notify the Department orally within 24 hours or by the next working day and shall , within seven calendar days of oral notification to the Department , notify the Department in writing of the anticipated length and cause of the delay , the measures taken or to be taken to prevent or minimize the delay 6 of 11 OGC File No . 04- 1977