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borne exclusively by Respondents. Respondents shall cooperate fully with the Independent Distribution Consultant and shall provide the Independent Distribution Consultant with access to their files, books, records, and personnel as reasonably requested for the review.

60.

Respondents shall require that the Independent Distribution Consultant develop a

Distribution Plan for the distribution of the $125 million in disgorgement and penalty, and any interest or earnings thereon, according to a methodology developed in consultation with Respondents and acceptable to the staff of the Commission.

61.

Respondents shall require that the Independent Distribution Consultant submit a

Distribution Plan to Respondents and the staff of the Commission no more than 150 days after the

date of entry of this Order.

62.

The Distribution Plan developed by the Independent Distribution Consultant shall

be binding unless, within 180 days after the date of entry of the Order, Respondents or the staff of the Commission advises, in writing, the Independent Distribution Consultant of any determination or calculation from the Distribution Plan that it considers to be inappropriate and states in writing

the reasons for considering such determination or calculation inappropriate.

63.

With respect to any determination or calculation with which Respondents or the

staff of the Commission do not agree, such parties shall attempt in good faith to reach an

agreement within 210 days of the date of entry of this Order. In the event that Respondents and the

staff of the Commission are unable to agree on an alternative determination or calculation, the determinations and calculations of the Independent Distribution Consultant shall be binding.

64.

Within 225 days of the date of entry of this Order, Respondents shall require that

the Independent Distribution Consultant submit the Distribution Plan for the administration and distribution of disgorgement and penalty funds pursuant to Rule 1101 [17 C.F.R. § 201.1101] of

the Commission's Rules Regarding Disgorgement and Fair Fund Plans. Following a Commission order approving a final plan of disgorgement, as provided in Rule 1104 [17 C.F.R. § 201.1104] of the Commission's Rules Regarding Disgorgement and Fair Fund Plans, Respondents shall require that the Independent Distribution Consultant, with Respondents, take all necessary and appropriate

steps to administer the final plan for distribution of disgorgement and penalty funds.

65.

Respondents shall require that the Independent Distribution Consultant, for the

period of the engagement and for a period of two years from completion of the engagement, not

enter into any employment, consultant, attorney-customer, auditing or other professional relationship with Respondents, or any of their present or former affiliates, directors, officers,

employees, or agents acting in their capacity as such. Respondents shall require that any firm with which the Independent Distribution Consultant is affiliated in performance of his or her duties under this Order not, without prior written consent of the staff of the Commission, enter into any employment, consultant, attorney-customer, auditing or other professional relationship with Respondents, or any of their present or former affiliates, directors, officers, employees, or agents acting in their capacity as such for the period of the engagement and for a period of two years after

the engagement.

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