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• any environmental response costs for the Oak Grove Landfill which were paid by them prior to <br /> , 1996. Payee and its Distributees further agree not to contest the <br /> Commissioner's determinations in Paragraph E,2. of this Agreement regarding the eligibility of <br /> any environmental response costs related to the Oak Grove Landfill paid on or before <br /> , 1996. <br /> 3. Payee agrees that Payee will distribute the amount received in each reimbursement <br /> payment made under this Agreement to its Distributees in a proportion equal to the proportion the <br /> reimbursement payment bears to the total amount of reimbursement payable under Paragraph E.3. <br /> of this Agreement in accordance with Minn. Stat. § 115B.43, subd. 2(a)(2)(i) and with separate <br /> agreements between Payee and its Distributees. The proportional distribution by Payee will occur <br /> within a reasonable time after receipt of each reimbursement payment by Payee. No later than <br /> • thirty(30) days after making each distribution of reimbursement, Payee will provide to the <br /> Commissioner copies of reimbursement checks and transmittal letters for each Distributee to <br /> whom distribution was made and a written explanation of any problems encountered in making <br /> distributions such as bankruptcy, dissolution or death of a Distributee. If the Commissioner has <br /> reason to believe that Payee has not made distributions from reimbursement payments in <br /> accordance with this Paragraph D.3 and that Payee's action or inaction is without good cause, the <br /> Commissioner shall notify Payee of the Commissioner's specific concerns. If Payee does not <br /> respond to the Commissioner within 30 days of receipt of the Commissioner's notice in a manner <br /> considered adequate by the Commissioner to address his concerns, the Commissioner may <br /> suspend further reimbursement payments under this Agreement. Written notice of suspension of <br /> • <br /> 4 <br /> Reimbursement Agreement <br /> For Oak Grove Landfill <br />