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1 <br />1 <br />1 <br />1 <br />1 <br />I <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 B. The burden shall be on the City of Everett to demonstrate to the satisfaction of <br />2 Ecology that the request for such extension has been submitted in a timely fashion and that <br />3 good cause exists for granting the extension Good cause includes, but is not limited to, the <br />4 following: <br />5 l . Circumstances beyond the reasonable control and despite the due <br />6 diligence of the City of Everett, including delays caused by unrelated third parties or Ecology, <br />7 such as (but not limited to) delays by Ecology in reviewing, approving, or modifying <br />g documents submitted by the City of Everett; or <br />9 2. Acts of God, including fire, flood, blizzard, extreme temperatures, <br />10 storm, or other unavoidable casualty; or <br />11 3. Endangerment as described in Section XV'II. <br />12 However, neither increased costs of perfornlance of the terms of the Decree nor <br />13 changed economic circumstances shall be considered circumstances beyond the reasonable <br />14 control of the City of Everett. <br />15 C. Ecology may extend the schedule for a period not to exceed ninety (90) days, <br />16 except where an extension is needed as a result of: <br />17 1. Delays in the issuance of a necessary permit which was applied for in a <br />18 timely nailer, or <br />19 2. Other circumstances deemed exceptional or extraordinary by Ecology; <br />20 or <br />21 3. Endangerment as described in Section XVII. <br />22 Ecology shall give the City of Everett written notification in a timely fashion of any <br />23 extensions granted pursuant to this Decree. <br />24 <br />25 <br />CONSENT DECREE <br />15 ATTORINTY GENERAL OF IWASHINGTON <br />Ecology DivIslon <br />PO Box 40117 <br />Olympia, R A 98504-0117 <br />FAX (360) 586-6760 <br />1 <br />