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action No. 20 MISC 000209 with Prejudice, without costs, and without the right of
<br />appeal.
<br />3. Continuation of Action
<br />Should the Board not approve a revised Special Permit consistent with this
<br />Agreement, the same shall be reported to the Land Court Judge and the current
<br />litigation shall proceed. Any claims that might arise from the further action of the
<br />Board in connection with such attempt to gain approval of a revised Special Permit,
<br />including the issuance of a permit not consistent with this Agreement, shall become
<br />incorporated in the present case, such that said attempt does not give rise to an
<br />entirely new action. In such event that the Board does not issue a revised Special
<br />Permit consistent with this Agreement, this Agreement shall be null and void and of
<br />no effect on the Parties or the current litigation. Further, the litigation should proceed
<br />without prejudice to either Party resulting from this attempt at settlement and the
<br />procurement of a revised Special Permit as envisioned.
<br />4. Chicken ,Coop
<br />Hynds/Industrial agrees to not pursue or ftu they the pending enforcement request
<br />challenging the current location of the Plaintiffs' existing chicken coop relative to the
<br />common property line, and to withdraw any submissions associated with such current
<br />enforcement request. However, Hynds/Industrial shall continue to have a right to file
<br />a complaint as to any live fowl making excessive noise that interferes with
<br />Hynds/Industrial and or their tenants, use and enjoyment of the Hynds/Industrial
<br />property.
<br />5. Noise Pollution
<br />The Parties agree that any future action with regard to alleged noise pollution on
<br />either property shall be first prosecuted as an enforcement request to pertinent local
<br />and state regulatory agencies before any civil action is commenced.
<br />G. Release of All Claims
<br />If the current action is dismissed as described above, each Party, on their own behalf and on behalf
<br />of their personal representatives, beneficiaries, trustees, heirs, privies, executors, administrators,
<br />successors and assigns, and anyone claiming benefit or right through them., hereby releases, waives
<br />and forever discharges the other Party and their personal representatives, beneficiaries, trustees,
<br />heirs, privies, executors, administrators, successors and assigns, and anyone claiming benefit or
<br />right through them from any and all claims, actions, debts, counterclaims, complaints, contracts,
<br />agreements, promises, liabilities, suits, damages, attorney's fees, court costs, judgments, causes of
<br />actions or obligations of whatever nature, kind or character, known or unknown, suspected or
<br />unsuspected, whether in law, equity, contribution, indemnification, tort, contract, subrogation, or
<br />otherwise denominated or described, which they ever had, now have or shall have against them
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