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22 <br /> (5) Agencies shall establish procedures for resolving in advance, in consultation with OMB, any <br /> significant questions or disagreements concerning the interpretation or application of this section. <br /> Any such advance resolution shall be binding in any subsequent settlements, audits or investigations <br /> with respect to that grant or contract for purposes of interpretation of this Circular;provided, <br /> however, that this shall not be construed to prevent a contractor or grantee from contesting the <br /> lawfulness of such a determination. <br /> Paragraph D. <br /> Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, <br /> an employee or officer of the Executive Branch of the Federal Government to give consideration or to act <br /> regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any <br /> influence that induces or tends to induce a Federal employee or officer to give consideration or to act <br /> regarding a federally sponsored agreement or regulatory matter on any basis other than the merits of the <br /> matter. <br /> Signature Title <br /> Agency/Organization Date <br /> (Certification signature should be same as Contract signature.) <br /> Federal Certification—Lobbying(07/08) Page 3 of 3 <br />