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reach agreement, the Plaintiffs and the RSWA will submit the dispute to a jointly selected and <br />• mutually agreeable third hydrogeology consultant as the final decisionmaker on the question. <br />The decision of the third consultant shall be final and binding on the Parties with respect to the <br />issue submitted. The consultants will select the third consultant to serve in this role as quickly as <br />possible, and will endeavor to make the selection prior to any disputes arising between the <br />Parties' consultants. If the Parties are unable to agree upon the third consultant, then each Party <br />shall submit a list of no more than three (3) acceptable choices to the U.S. Magistrate Judge for <br />the final selection. The Party against whom the decision of the third -party consultant is rendered <br />shall pay the costs of the third consultant. If the third -party consultant determines that there is no <br />substantially prevailing party on the issue, then the costs shall be borne equally by the Plaintiffs <br />and the RSWA. No consultant who is or has been engaged in a project involving either of the <br />consultants for the Parties or the Parties to this Agreement shall serve as the third -party <br />• consultant. <br />• <br />6. Air Monitoring. <br />The RSWA agrees to perform annual ambient air quality monitoring events at locations <br />that are representative of air quality for the Plaintiffs' properties along the western and <br />southwestern property boundary lines of the Ivy landfill for the constituents listed on Exhibit 6, <br />which is attached hereto and incorporated into this Agreement. The monitoring events will be <br />during the months of June, July or August, or at such other times as the experts for the respective <br />parties may agree. The results shall be provided to the Plaintiffs on the western and <br />southwestern property boundaries at the same time they are provided to RSWA and shall also be <br />provided to the Settlement Committee. The monitoring and the analysis shall be performed in <br />accordance with the procedures and standards for the ambient air sampling that was employed by <br />25 <br />