(a) Dates in the Project Milestone Schedule may be extended only if any of the following events causes or will cause a material delay in achieving one or more Project Milestones:
(i) an Agency Event of Default;
(ii) a Force Majeure Event;
(iii) a delay or failure on the part of the Agency to carry out an obligation under this Agreement, other than an obligation related to payments by the Agency, and which failure or delay directly and proximately prevents the Company from meeting a Project Milestone unless the delay or failure on the part of the Agency is excused under this Agreement, or is attributable to an action or inaction of the Company, its subcontractors, or agents that is inconsistent with this Agreement;
(iv) in case of discovered articles described in Section 5.10 (Discovered Heritage Resources); or
(v) upon mutual agreement by the Parties.
(b) When any of the foregoing events occurs, the Company shall promptly submit to the Agency and the Independent Verifier a written report setting forth in detail reasonably satisfactory to the Agency the reasons for and the expected length of the delay. The Company shall also recommend measures to minimize the period of the delay and provide a supplemental plan that demonstrates that the Project will be completed within the shortest period possible taking into account the effects of the delay. After submission of the report, the Parties and the Independent Verifier shall meet within five (5) Days to consult about the delay and the supplemental plan. The Parties may thereafter agree to equitably adjust the Project Milestone Schedule to the extent that the Company is able to demonstrate that such delay is attributable to any of the events listed in Section 5.9.2(a) (Extension of Project Milestone Schedule).