Agenda Packets - 1996/04/22 - Laserfiche WebLink

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payment by the Commissioner shall be considered final agency action for purposes of judicial • review. 4. Payee on behalf of Payee, and each Distributee on its own behalf, hereby certify that, after June 15, 1994, Payee and each Distributee respectively has not filed or continued to pursue any action asserting a claim for recovery of environmental response costs relating to the Oak Grove Landfill, nor after June 15, 1994, has the Payee or Distributee otherwise sought contribution of such costs from another person. This certification does not apply to the assertion, pursuit or enforcement of any right to payment of environmental response costs under any bankruptcy settlement, under a contract, including a contract of insurance, nor does this certification apply to any application for reimbursement of environmental response costs under the Act. 5. a. Payee hereby certifies that, to the best of the knowledge of Payee's `' • representative, Payee has not received any payments for the eligible environmental response costs payable by the Commissioner under this Agreement other than from or on behalf of its Distributees, including interest on funds contributed by or on behalf or its Distributees, or, if the Payee has received such payments, that the amount of such payments is not included in the amount to be reimbursed under this Agreement. b. Payee further certifies that it has adjusted the amount to be reimbursed under this Agreement in accordance with any disclosures by the Distributees under subparagraph D.5.c. Payee agrees to disclose any additional adjustments to the approved reimbursement amount to the Commissioner, based on any future disclosures made be Distributees pursuant to subparagraph D.5.c. • 5 Reimbursement Agreement For Oak Grove Landfill