Agenda Packets - 1996/04/22 - Laserfiche WebLink

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of settlement, commencement of an administrative action, or other means of asserting a claim • under any state or federal statute or common law; provided that the term"claims" does not include: (1) a counterclaim, cross claim, or third party claim if brought by Payee or Distributees in a lawsuit commenced against Payee or Distributees for recovery of environmental response costs related to a qualified facility for which the Commissioner has not issued a notice of compliance under the Act; (2) the enforcement of any right to payment under a contract, including an insurance contract; or(3) any claim for reimbursement under Minn. Stat. § 115B.43. It is the intent of Payee, Distributees and the Commissioner that this waiver of claims benefit any person against whom Payee or Distributees may purport to assert a claim for recovery of any environmental response costs related to any qualified facility. Payee and Distributees expressly retain all defenses they may have to environmental response cost claims made against them. The provisions of this Paragraph D.6. are effective on the date when the Commissioner makes the first • payment of reimbursement to the Payee under this Agreement. The waiver in this Paragraph D.6. does not affect any right Payee or Distributees may have to seek relief against the Commissioner under the Oak Grove Landfill Cleanup Agreement for the Oak Grove Landfill, or with respect to the Commissioner's duties and responsibilities under the Act. This waiver is subject to the provisions of Minn. Stat. § 115B.40, subd. 8. E. AGREEMENT AND OBLIGATIONS OF THE COMMISSIONER 1. The Commissioner hereby determines, for the purpose of this Agreement and based on information available to the Commissioner or the MPCA at the time of execution of this Reimbursement Agreement, that Payee's and its Distributees' actions relating to releases or • 7 Reimbursement Agreement For Oak Grove Landfill