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i <br /> I <br /> (A) The Letter of Commitment for the Claim ("LOC' ; <br /> (B) Corrective action costs that are incurred by Assignor before the Effective Date, <br /> but that are not submitted to the Fund for reimbursement as of the Effective Date <br /> of the Agreement; and <br /> (C) Corrective action costs incurred by Assignee after the Effective Date. <br /> 2. Rights of the Assignee to Receive Reimbursement of Corrective Action Costs, <br /> Regulatory Technical Assistance Costs, and/or Third Party Compensation Claims <br /> Incurred After the Effective Date of the Assignment. <br /> (A) Assignee acknowledges and agrees that the maximum amount allowed for <br /> reimbursement per occurrence is$1,500,000, less the applicable level of financial <br /> responsibility. <br /> (B) Assignee acknowledges and agrees that any reimbursement paid to Assignor will <br /> reduce the amount payable per occurrence. <br /> (C) Assignee acknowledges that should there be an overpayment issue surrounding <br /> past costs reimbursed to the Assignor, reimbursement due Assignee will be <br /> reduced by the amount of overpayment owed by the Assignor. <br /> (D) Assignee acknowledges that should there be any outstanding issues surrounding <br /> past costs reimbursed to the Assignor, such as proof of payment, reimbursement <br /> due to the Assignee by the Fund will be reduced by the amount still outstanding <br /> or owed by the Assignor. When requested by the Fund, Assignee agrees to <br /> complete and execute the Non-Recovery From Other Sources Disclosure <br /> Certification ("Certification") for any funds received by the Assignor or <br /> Assignee. The Certification requires disclosure of certain information associated <br /> with the unauthorized release and cleanup at the site, including information about <br /> any legal actions or insurance coverage that relates to the site. Assignee will be <br /> required to obtain such information from the Assignor in order to properly <br /> complete the Certification. Assignor agrees to cooperate in providing any <br /> additional information to complete the Certification. Furthermore, the Assignor <br /> will use its best efforts to provide full and complete documentation, including <br /> subcontractor backup and any other documentation required by the Fund to prove <br /> all past eligible costs have met Fund criteria for reimbursement, including any <br /> proof of payment as required such as cancelled checks,etc. <br /> (E) Assignee acknowledges that if the Assignor or Assignee has received funds from <br /> an outside source for costs that would otherwise be eligible for Fund <br /> reimbursement or receives money after the effective date of the Assignment <br /> Agreement for such costs,reimbursement due Assignee will be reduced by the <br /> amount received by Assignee and/or the Assignor. <br /> (F) Assignee shall comply with all applicable laws, regulations,terms contained in <br /> the LOC and any other requirements that are a condition of payment for <br /> reimbursement from the Fund. <br /> -2- <br />