Common use of Contesting Future Response Costs Clause in Contracts

Contesting Future Response Costs. Respondent may initiate the procedures of Section XV (Dispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 (Payments for Future Response Costs) if it determines that EPA has made a mathematical error or included a cost item that is not within the definition of Future Response Costs, or if it believes EPA incurred excess costs as a direct result of an EPA action that was inconsistent with a specific provision or provisions of the NCP. To initiate such dispute, Respondent shall submit a Notice of Dispute in writing to the OSC within 30 days after receipt of the bill. Any such Notice of Dispute shall specifically identify the contested Future Response Costs and the basis for objection. If Respondent submits a Notice of Dispute, Respondent shall within the 30-day period, also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to EPA in the manner described in Paragraph 63, and (b) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (FDIC) and remit to that escrow account funds equivalent to the amount of the contested Future Response Costs. Respondent shall send to the OSC a copy of the transmittal letter and check paying the uncontested Future Response Costs, and a copy of the correspondence that establishes and funds the escrow account, including, but not limited to, information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. If EPA prevails in the dispute, within 5 days after the resolution of the dispute. Respondent shall pay the sums due (with accrued interest) to EPA in the maimer described in Paragraph 63. If Respondent prevails concerning any aspect of the contested costs. Respondent shall pay that portion of the costs (plus associated accrued interest) for which it did not prevail to EPA in the manner described in Paragraph 63. Respondent shall be disbursed any balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XV (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s obligation to reimburse EPA for its Future Response Costs.

Contesting Future Response Costs. Respondent may initiate the procedures of Section XV (Dispute XIV'CDispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 (Payments 5(E(Payments for Future Response Costs) if it determines that EPA has made a mathematical error or of included a cost item that is not within the definition of Future Response Costs, or if it ifit believes EPA incurred excess costs as costsas a direct result of an EPA action that was inconsistent with a specific specific-provision or provisions of the NCP. To initiate such dispute, Respondent shall submit a Notice of Dispute in writing to the OSC RPM within 30 days after receipt of ol the bill. Any such Notice of Dispute shall shaN specifically identify the contested Future Response Costs and the basis for objection. If Respondent submits a Notice of Dispute. Respondent shall, Respondent shall within the 30-day period, also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to EPA in XXX.xx the manner described in Paragraph 6350, and (b) establish, in m a duly chartered bank or trust company, an interest-bearing escrow escrow-account that is insured by the Federal Deposit Insurance Corporation (FDIC) Corporation, and remit to that escrow account funds Xxxxx equivalent to the amount of the contested Future Response Costs. Respondent shall send to the OSC RPM a copy of the transmittal letter and check paying the uncontested Future Response Costs, and a copy of the correspondence that establishes and funds the escrow account, including, but not limited to, . information containing the identity of the bank and bank account under which the escrow !S7,168.1555] 17 Xxxxxxx-Xxxxxxx Well Field Superfund Site Administrative Settlement Agreement, No.: CERCLA-01-2019-0012 account is established as well as a bank statement showing the initial balance of the escrow account. If If.EPA prevails in the dispute, within 5 five days after the resolution of the dispute. Respondent shall pay the sums due (with accrued interest) to EPA in the maimer described manner describee in Paragraph 6350. If Respondent prevails concerning prevails-conceming any aspect of the contested costs. Respondent shall pay costs Respond shalfpay that portion of the costs (plus associated accrued interest) for which it they did not prevail to EPA in the manner described in Paragraph 6350. Respondent shall be disbursed befoisbursed any balance of ol the escrow account. The dispute resolution dispute.resolution procedures set forth in this Paragraph in m conjunction with the procedures set forth in Section XV XIV (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s obligation to reimburse EPA for its toi l s Future Response Costs.

Contesting Future Response Costs. Respondent may initiate the procedures of Section XV (Dispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 42 (Payments for Future Response Costs) if it determines that U.S. EPA has made a mathematical error or included a cost item that is not within the definition of Future Response Costs, or if it believes U.S. EPA incurred excess costs as a direct result of an a U.S. EPA action that was inconsistent with a specific provision or provisions of the NCP. To initiate such dispute, Respondent shall submit a Notice of Dispute in writing to the RPM/OSC within 30 60 days after receipt of the bill. Any such Notice of Dispute shall specifically identify the contested Future Response Costs and the basis for objection. If Respondent submits a Notice of Dispute, Respondent shall within the 3060-day period, also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to U.S. EPA in the manner described in Paragraph 6342, and (b) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (“FDIC”) and remit to that escrow account funds equivalent to the amount of the contested Future Response Costs. Respondent shall send to the RPM/OSC a copy of the transmittal letter and check paying the uncontested Future Response Costs, and a copy of the correspondence that establishes and funds the escrow account, including, but not limited to, information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. If U.S. EPA prevails in the dispute, within 5 days after the resolution of the dispute. , Respondent shall pay the sums due (with accrued interest) to U.S. EPA in the maimer manner described in Paragraph 6342. If Respondent prevails concerning any aspect of the contested costs. , Respondent shall pay that portion of the costs (plus associated accrued interest) for which it they did not prevail to U.S. EPA in the manner described in Paragraph 6342. Respondent shall be disbursed any balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XV (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s obligation to reimburse U.S. EPA for its Future Response Costs.

Contesting Future Response Costs. Respondent may initiate the procedures of Section XV (Dispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 62 (Payments for Future of Response Costs) if it determines that EPA has made a mathematical error or error, included a cost item that is not within the definition of Future Response Costs, or if it believes EPA incurred excess costs as a direct result of an EPA action that was inconsistent with a specific provision or provisions of the NCP. To initiate such a dispute, Respondent shall submit a Notice of Dispute in writing to the OSC EPA’s Project Coordinator within 30 days after receipt of the billbill or such longer time as approved by EPA. Any such Notice of Dispute shall specifically identify the contested Future Response Costs and the basis for objection. If Respondent submits a Notice of Dispute, Respondent shall shall, within the 30-day period, same period and also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to EPA in the manner described in Paragraph 6362, and (b) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (“FDIC”) and remit to that escrow account funds equivalent to the amount of the contested Future Response Costs. Respondent shall send to the OSC EPA’s Project Coordinator a copy of the transmittal letter and check paying proof of payment of the uncontested Future Response Costs, Costs and a copy of the correspondence that establishes documents the establishment of and placement of funds into the escrow account, including, but not limited to, including information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. If EPA prevails in the dispute, within 5 10 days after the resolution of the dispute. , Respondent shall pay the sums due (with accrued interest) to EPA in the maimer manner described in Paragraph 6362. If Respondent prevails concerning any aspect of the contested costs. , Respondent shall pay that portion of the costs (plus associated accrued interest) for which it did does not prevail to EPA in the manner described in Paragraph 6362. Respondent shall be disbursed receive any balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XV (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s obligation to reimburse EPA for its Future Response Costs.

Contesting Future Response Costs. Respondent may initiate the procedures of Section XV (Dispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 41 (Payments for Future Response Costs) if it determines that U.S. EPA has made a mathematical error or included a cost item that is not within the definition of Future Response Costs, or if it believes U.S. EPA incurred excess costs as a direct result of an a U.S. EPA action that was inconsistent with a specific provision or provisions of the NCP. To initiate such dispute, Respondent shall submit a Notice of Dispute in writing to the RPM/OSC within 30 60 days after receipt of the bill. Any such Notice of Dispute shall specifically identify the contested Future Response Costs and the basis for objection. If Respondent submits a Notice of Dispute, Respondent shall within the 3060-day period, also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to U.S. EPA in the manner described in Paragraph 6341, and (b) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (“FDIC”) and remit to that escrow account funds equivalent to the amount of the contested Future Response Costs. Respondent shall send to the RPM/OSC a copy of the transmittal letter and check paying the uncontested Future Response Costs, and a copy of the correspondence that establishes and funds the escrow account, including, but not limited to, information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. If U.S. EPA prevails in the dispute, within 5 days after the resolution of the dispute. , Respondent shall pay the sums due (with accrued interest) to U.S. EPA in the maimer manner described in Paragraph 6341. If Respondent prevails concerning any aspect of the contested costs. , Respondent shall pay that portion of the costs (plus associated accrued interest) for which it they did not prevail to U.S. EPA in the manner described in Paragraph 6341. Respondent shall be disbursed any balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XV (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s obligation to reimburse U.S. EPA for its Future Response Costs.

Contesting Future Response Costs. Respondent Purchaser may initiate the procedures of Section XV XIV (Dispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 60 (Payments for of Future Response Costs) if it determines that EPA has made a mathematical error or included a cost item that is not within the definition of Future Response Costs, or if it believes EPA incurred excess costs as a direct result of an EPA action that was inconsistent with a specific provision or provisions of the NCP. To initiate such dispute, Respondent Purchaser shall submit a Notice of Dispute in writing to the OSC RPM within 30 days after receipt of the bill. Any such Notice of Dispute shall specifically identify the contested Future Response Costs and the basis for objection. If Respondent Purchaser submits a Notice of Dispute, Respondent Purchaser shall within the 30-day period, also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to EPA in the manner described in Paragraph 6360, and (b) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (FDIC) and remit to that escrow account funds equivalent to the amount of the contested Future Response Costs. Respondent Purchaser shall send to the OSC RPM a copy of the transmittal letter and check paying the uncontested Future Response Costs, and a copy of the correspondence that establishes and funds the escrow account, including, but not limited to, information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. If EPA prevails in the dispute, within 5 five days after the resolution of the dispute. Respondent , the escrow agent shall pay release the sums due (with accrued interest) to EPA in the maimer manner described in Paragraph 6360. If Respondent Purchaser prevails concerning any aspect of the contested costs. Respondent , the escrow agent shall pay release that portion of the costs (plus associated accrued interest) for which it did not prevail to EPA in the manner described in Paragraph 6360. Respondent Purchaser shall be disbursed any balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XV XIV (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s under Purchasers’ obligation to reimburse EPA for its Future Response Costs.

Contesting Future Response Costs. Respondent Respondents may initiate the procedures of Section XV XII (Dispute Resolution) regarding payment of any Future Response Costs billed under Paragraph 63 ^ 35.a (Payments for Future Response Costs) if it determines they determine that EPA has made a mathematical error or included a cost item that is not within the definition of Future Response Costs, or if it believes ifthey believe EPA incurred excess costs as a direct result of an EPA action that was inconsistent with a specific provision or provisions of the ofthe NCP. To initiate such dispute, Respondent . Respondents shall submit a Notice of Dispute in writing to the OSC EPA Project Coordinator within 30 days after receipt of the bill. Any such Notice of Dispute shall specifically identify the contested Future Response Costs and the basis for objection. If Respondent submits Respondents submit a Notice of Dispute, Respondent Respondents shall within the 30-day period, also as a requirement for initiating the dispute, (a) pay all uncontested Future Response Costs to EPA in the manner described in Paragraph 63^ 35.a, and (b) establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (FDIC) and remit to that escrow account funds equivalent to the amount of the ofthe contested Future Response Costs. Respondent Respondents shall send to the OSC EPA Project Coordinator a copy of the ofthe transmittal letter and check paying the uncontested Future Response Costs, and a copy of the ofthe correspondence that establishes and funds the escrow account, including, but not limited to, information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. If EPA prevails in the dispute, within 5 days after the resolution of the dispute. Respondent Respondents shall pay the sums due (with accrued interest) to EPA in the maimer manner described in Paragraph 6335.a. If Respondent prevails Respondents prevail concerning any aspect of the contested costs. Respondent Respondents shall pay that portion of the ofthe costs (plus associated accrued interest) for which it they did not prevail to EPA in the manner described in Paragraph 63^ 35.a. Respondent Respondents shall be disbursed any balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in conjunction with the procedures set forth in Section XV XII (Dispute Resolution) shall be the exclusive mechanisms for resolving disputes regarding Respondent’s Respondents’ obligation to reimburse EPA for its Future Response Costs.