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2000_Resolutions
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2000_Resolutions
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Magistrate Judge Crigler recuse himself from resolving such disputes or is otherwise unable to <br />• serve, upon motion of any parry to this Agreement, it being the intention of the parties hereto to <br />ask the Court to retain jurisdiction over the enforcement of this Agreement. <br />2. Attorney Fees and CERCLA Costs for Batton Plaintiffs. <br />The RSWA agrees to pay the Batton Plaintiffs $10,000 for expenses they have <br />incurred related to installation and sampling and analysis of monitoring wells and purchase <br />and/or filtration of drinking water. <br />3. Attorneys Fees and Costs for the Remaining Plaintiffs. <br />The RSWA agrees to pay the Plaintiffs Twelve Thousand Five Hundred ($12,500) <br />dollars in attorneys' fees and costs (including expert and consultant fees and expenses) within <br />three (3) business days after execution of this Agreement by all Parties and entry of the Order of <br />the Court dismissing the Plaintiffs from this Action as settled pursuant to the terms of this <br />• Agreement; provided, however, that should this Agreement not become effective and binding <br />n <br />LJ <br />upon the Parties due to the occurrence or nonoccurrence of any of the contingencies set forth in § <br />D, ¶ 1 (a) — (d), below, and the Action is subsequently reinstated or a new action is initiated and <br />litigated with respect to the subject matter of this Action, this amount shall be deducted from any <br />fees and costs that may be awarded to Plaintiffs in any such future proceeding. Promptly after <br />receipt of said payment, Plaintiffs' attorneys will furnish attorneys for the Defendants their time <br />sheets and the billing data for all fees and expenses for attorneys and consultants up to and <br />including the date of execution of the Agreement, with appropriate redaction of trial strategies if <br />necessary. The Parties agree to make themselves available for a hearing before United States <br />Magistrate Judge Crigler on the matter of attorneys' fees and costs within a reasonable time, not <br />to exceed sixty (60) days (or such other timeframe that the Court may impose) after production <br />27 <br />
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