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b. Payee and its Distributees agree to cooperate to the extent required by • <br /> applicable law with any audit by the Commissioner of payments and distributions made under this <br /> Agreement, and with any audit by the Legislative Auditor of the Commissioner's reimbursement <br /> determinations, payments and distributions under this Agreement. Payee and its Distributees do <br /> not waive and hereby expressly reserve all rights and defenses with respect to any such audits. <br /> c. If the Commissioner finds a material false statement or omission in the <br /> reimbursement application or supporting documentation and such material false statement or <br /> omission results in a determination that any portion of reimbursement otherwise payable under <br /> this Agreement is ineligible for reimbursement, the Commissioner shall provide written notice and <br /> explanation of the determination to Payee. If Payee does not respond in a manner satisfactory to <br /> the Commissioner within 30 days of receipt of the Commissioner's notice, the Commissioner may <br /> order the forfeiture of the ineligible portion of reimbursement associated with the material false <br /> statement or omission, and the order of the Commissioner shall be considered final agency action <br /> for purposes of judicial review. <br /> d. Nothing in this Agreement shall preclude the Commissioner or the <br /> Legislative Auditor from seeking any other relief or penalty for any violation of applicable law <br /> discovered in the course of an audit under this Paragraph D.1. <br /> 2. Payee on behalf of Payee, and Distributees on their own behalf each certify that the <br /> reimbursement application in Exhibit A includes all environmental response costs related to the <br /> Oak Grove Landfill paid by the Payee and its Distributees prior to , 1996, for <br /> which the Payee and its Distributees intend to seek reimbursement under the Act. Payee and its <br /> Distributees agree not to make any further application to the Commissioner for reimbursement of <br /> • <br /> 3 <br /> Reimbursement Agreement <br /> For Oak Grove Landfill <br />