Agenda Packets - 1996/04/22 - Laserfiche WebLink

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5. Payment of reimbursement in state fiscal years after 1997 is subject to the • sufficiency of the appropriations available to the Commissioner to carry out the Commissioner's landfill cleanup program and reimbursement obligations under Minn. Stat. §§ 115B.40, subd. 1, and 115B.43. 6. Unless the Commissioner finds a material false statement or omission in the Payee's reimbursement application or supporting documentation that is the basis for determining that some portion of the environmental response costs otherwise payable under this Agreement is not eligible for reimbursement, or the Legislative Auditor finds that the Commissioner made an incorrect determination of eligibility for reimbursement under this Agreement, the Commissioner is bound by the determinations of reimbursement eligibility made in this Agreement. The Commissioner's determinations of ineligible costs for the Oak Grove Landfill are summarized in Exhibit C. • 7. The Commissioner reserves the right to request information regarding insurance coverage of Distributees for environmental response costs related to any qualified facility in accordance with Minn. Stat. § 115B.44, subd. 1, and to take any other action authorized by the Act with respect to such insurance coverage or rights under such coverage. Distributees and Payee expressly preserve any and all rights they may have under any policy or policies of insurance of whatevez form or kind. Nothing in this Agreement is intended to prejudice the rights or interests of an insurer under any insurance policy of a Distributee. F. CONTRIBUTION PROTECTION. 1. The Commissioner, the Payee and the Distributees acknowledge that the Act defines the circumstances and extent to which the Commissioner may seek to assert liability 1111 9 Reimbursement Agreement For Oak Grove Landfill