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Agreement and payment in the amount set forth herein, as well as for good and valuable
<br />consideration, the receipt and sufficiency of which are all hereby acknowledged, the Parties do each
<br />hereby stipulate and freely and voluntarily agree by and between themselves as follows:
<br />II. SETTLEMENT AGREEMENT
<br />1. INCORPORATION OF RECITALS. The Recitals set forth above are made a part of
<br />this Agreement. The undersigned Parties acknowledge that all facts set forth above in the Recitals
<br />are true and correct to the best of the Parties' knowledge; they shall be binding in any future
<br />proceeding(s); and, they are incorporated herein as if set forth herein in their entirety.
<br />2. EFFECTIVE DATE OF THIS AGREEMENT. The effective date of this Agreement is
<br />the date last executed by a Party (the "Effective Date").
<br />3. CONSIDERATION. Without making any admission of liability, and in consideration of
<br />the Parties' resolution of the Released Claims, AE2S shall cause to be delivered to Mounds View's
<br />Counsel, Kennedy & Graven, Chartered ("K&G"), the total sum of Fifty -Nine Thousand Eight
<br />Hundred Thirty and OOXX Dollars ($59,830.00) (the "Settlement Payment"), for the benefit of
<br />Mounds View. Within 30 days of the Effective Date of this Agreement, AE2S shall tender the
<br />Settlement Payment to K&G in a single installment, unless and until the Parties agree to an alternative
<br />payment method and structure that satisfies the terms of this Agreement and without further alteration
<br />of any material terms set forth herein.
<br />4. RELEASE OF CLAIMS.
<br />A. MUTUAL GENERAL RELEASE In consideration for the terms of this
<br />Agreement, Mounds View (for itself and its predecessors, successors, assigns, parents, subsidiaries,
<br />affiliates, insurers, officers, directors, shareholders, employees, consultants, agents, representatives,
<br />heirs, executors and administrators) releases and discharges AE2S LLC (and all of their successors,
<br />assigns, subsidiaries, affiliates, insurers, reinsurers, officers, directors, shareholders, employees,
<br />consultants, heirs, executors and administrators) from any and all claims, demands, obligations,
<br />actions, causes of action, liability, costs, expenses and remedies accrued based on any acts or
<br />omissions, , foreseen or unforeseen, matured or unmatured, known or unknown, accrued or not
<br />accrued, direct or indirect, fixed or contingent disclosed or undisclosed, claimed or concealed, latent
<br />or patent, whether asserted or unasserted, arising out of or in any way related to the, the Media Issue,
<br />the Underdrain Issue, or the Action. ("Mounds View Released Claims") Likewise, AE2S LLC (and
<br />all of their predecessors, successors, assigns, parents, subsidiaries, affiliates, insurers, officers,
<br />directors, shareholders, employees, consultants, agents, representatives, heirs, executors and
<br />administrators) releases and discharges Mounds View (and all of its successors, assigns, agents,
<br />subsidiaries, affiliates, insurers, officers, directors, shareholders, employees, consultants, heirs,
<br />executors and administrators) from any and all claims, demands, obligations, actions, causes of
<br />action, liability, costs, expenses and remedies accrued based on any acts or omissions, foreseen or
<br />unforeseen, matured or unmatured, known or unknown, accrued or not accrued, direct or indirect,
<br />fixed or contingent disclosed or undisclosed, claimed or concealed, latent or patent, whether
<br />asserted or unasserted, arising out of or in any way related to the , the Media Issue, the Underdrain
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