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penalties assessed under this paragraph shall be in addition to <br />the settlement sum agreed to in paragraph 13 of this Agreement. <br />16. If any event occurs which causes delay, or the <br />reasonable likelihood of delay, in complying with the <br />requirements of deadlines of this Agreement, Responne_nt shall <br />have the burden of proving Char_ the delay was, or will be, caused <br />by the circumstances beyond the reasonable control of Respondent <br />and could not have beer, or cannot be overcome by Respondent ' s :jut - <br />diligence. Economic c_rcumstan7 es sha!' no- be considered <br />circumstances beyond the control of Respondent, nor shall the <br />failure of a contractor, subcontractor, rra:erialcan or other <br />aaen—, (collect_vely referred to as "con:ractor") =,7 nn rr. <br />responsibility for performanct! __-, deleaa_ed to mee* contra('_ually <br />imposed deadlines be a cause beyond the control of Respondent, <br />unless the cause of the contractor's la -_e aerfcrmanc'E- was also <br />beyond the contractor's control. UDon occurrence O an :.'lent <br />causing delay, or upon becoming aware of a potential for- delay, <br />Respondent shall notify the Department orally within 24 hours or <br />by the next working day and shall, within seven days of oral <br />rintif]cat_ion to rhe Dep:ir.tmf:nt, notify Y_}'i (-:: Dent?YC. R�f�3iC 1i? Yl-"tin3 <br />of the anticipated length and cause of the delay, the measures <br />taken or to be taken to prevent or minimize the delay, and the <br />timetable by which Respondent intends to implement these <br />measures. If the Darties can agree thar. the delay or anticipated <br />delay has been or will be caused by circumstances beyond the <br />reasonable control of Respondent, the time for performance <br />9 <br />