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apply to any obligation created by this Agreement. With respect to the common law property <br />• damage claims brought by Plaintiffs, the Parties understand that this release covers those <br />common law property damage claims which were brought or could have been brought as of the <br />date of execution of this Agreement in light of all facts which exist on such date. The intent of <br />this Agreement is to bar all temporary and permanent common law property damage claims <br />based upon facts existing at the date of execution, but not to bar future temporary or permanent <br />common law property damage claims based on facts which did not exist as of the date of <br />execution of this Agreement. <br />DISMISSAL OF THE LITIGATION <br />Concurrently with the signing of this Agreement, the Parties authorize and direct their <br />counsel to file and serve a Motion requesting the Court to approve this Agreement, and to retain <br />jurisdiction as provided herein over the enforcement of this Agreement. The Parties agree that <br />• the Court's Order shall incorporate the terms and conditions of this Agreement and include a <br />• <br />dismissal of the Action as settled pursuant to the terms of this Agreement, (consistent with the <br />terms of the foregoing "Release by Plaintiffs") with respect to the Plaintiffs claims against the <br />Defendants in the Action, with each party to bear its own costs, except as otherwise specifically <br />provided in this Agreement. <br />DISPUTE RESOLUTION, ENFORCEMENT RIGHTS AND FEES <br />Fees for Prevailing Party. <br />In addition to and as a part of any remedy that might be available for breach of this <br />Agreement, the prevailing party shall recover all of its costs and reasonable attorney's fees in any <br />dispute arising out of or relating to this Agreement, including an action for breach of or <br />enforcement thereof that seek remedies: (i) declaring the breaching party to be in contempt of <br />34 <br />