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Account to be retained and used to conduct or finance response actions at or in connection with <br /> the Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund. Any decision <br /> by EPA to deposit a Future Response Costs payment directly into the EPA Hazardous Substance <br /> Superfund shall not be subject to challenge by Purchaser pursuant to the dispute resolution <br /> provisions of this Settlement or in any other forum. <br /> 55. Interest. In the event that any payment for Future Response Costs is not made by <br /> the date required, Purchaser shall pay Interest on the unpaid balance. The Interest on Future <br /> Response Costs shall begin to accrue on the date of the bill. The Interest shall accrue through the <br /> date of Purchaser's payment. Payments of Interest made under this Paragraph shall be in addition <br /> to such other remedies or sanctions available to the United States by virtue of Purchaser's failure <br /> to make timely payments under this Section, including but not limited to,payment of stipulated <br /> penalties pursuant to Paragraph 67 (Stipulated Penalties). <br /> 56. Contesting Future Response Costs. Purchaser may submit a Notice of Dispute, <br /> initiating the procedures of Section XV(Dispute Resolution)regarding payment of any Future <br /> Response Costs billed under Paragraph 53 if it determines that EPA has made a mathematical <br /> error or included a cost item that is not within the definition of Future Response Costs, or if it <br /> believes EPA incurred excess costs as a direct result of an EPA action that was inconsistent with <br /> a specific provision or provisions of the NCP. Such Notice of Dispute shall be submitted in <br /> writing within 30 days after receipt of the bill and must be sent to EPA in accordance with <br /> Section XXX(Notices and Submissions). Any such Notice of Dispute shall specifically identify <br /> the contested Future Response Costs and the basis for objection. If Purchaser submits a Notice of <br /> Dispute, Purchaser shall within the 30-day period pay all uncontested Future Response Costs to <br /> EPA in the manner described in Paragraph 53. Simultaneously,Purchaser shall establish, in a <br /> duly chartered bank or trust company, an interest-bearing escrow account that is insured by the <br /> Federal Deposit Insurance Corporation(FDIC), and remit to that escrow account funds <br /> equivalent to the amount of the contested Future Response Costs. Purchaser shall send to EPA a <br /> copy of the transmittal letter and check paying the uncontested Future Response Costs, and a <br /> copy of the correspondence that establishes and funds the escrow account, including,but not <br /> limited to, information containing the identity of the bank and bank account under which the <br /> escrow account is established as well as a bank statement showing the initial balance of the <br /> escrow account. If EPA prevails in the dispute, within 5 days after the resolution of the dispute, <br /> Purchaser shall pay the sums due (with accrued interest)to EPA in the manner described in <br /> Paragraph 53. If Purchaser prevails concerning any aspect of the contested costs, Purchaser shall <br /> pay that portion of the costs (plus associated accrued interest) for which it did not prevail to EPA <br /> in the manner described in Paragraph 53. Purchaser shall be disbursed any balance of the escrow <br /> account. The dispute resolution procedures set forth in this Paragraph in conjunction with the <br /> procedures set forth in Section XV(Dispute Resolution) shall be the exclusive mechanisms for <br /> resolving disputes regarding Purchaser's obligation to reimburse EPA for its Future Response <br /> Costs. <br /> XV. DISPUTE RESOLUTION <br /> 57. Unless otherwise expressly provided for in this Settlement,the dispute resolution <br /> procedures of this Section shall be the exclusive mechanism for resolving disputes arising under <br /> 19 <br />