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of the time sheets and related information by the Plaintiffs' attorneys and after submission of • written memoranda by the Parties in accordance with a schedule established by the Court. The • Parties agree that the amount of the fees and costs that may be awarded by the Court shall not be less than $90,000 or more than $160,000 inclusive of the $12,500 already paid by the RSWA as set forth in this paragraph, above. The Parties agree further that the attorneys fees' request will be submitted at the rate of $125.00 per hour and that the decision of the United States Magistrate Judge will be final and non -appealable. Any award by the Court pursuant to this paragraph shall not become due and payable to the Plaintiffs until ten (10) business days after the RSWA receives a permit from the DEQ for the construction and operation of a new CDD waste disposal cell described in ¶ A. 2, above and identified as Cell 5 on Exhibit 1 attached hereto and the exhaustion of all appeals that may arise from any grantor denial of said permit. 4. Partial Acquisition of the Hiter and Snead Plaintiffs' Property. The RSWA agrees to purchase portions of the real property owned by the Hiter Plaintiffs and the Snead Plaintiffs adjacent to the western property boundary line of the Ivy landfill, it being the intention of these Plaintiffs and the RSWA that RSWA will acquire all the interest in the real property owned by the Hiter and the Snead Plaintiffs east of Broad Axe Road and on either bank of the unnamed tributary that runs in a northerly direction at or about the western boundary of the Ivy landfill property. The RSWA will pay the Snead Plaintiffs $10,000 cash or cash equivalent at closing, in exchange for conveyance of good and marketable fee simple title to real estate currently owned by Barbara and Stuart M. Snead, husband and wife, that lies east of Broad Axe Road, free and clear of all encumbrances, tenancies, liens and leases and subject only to applicable easements and restrictions of record which do not adversely affect the marketability of FT