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the AE2S Tolling Agreement, and the Barr Report (collectively, the "Settled Claims"). As such,
<br />the Parties now desire to, and have agreed to, compromise and fully and completely settle and resolve
<br />any and all of the claims, disputes, causes of action, and potential causes of action by, between and/or
<br />among them including, but not limited to, any and all claims that any Party asserted, could have
<br />asserted, or should have asserted against the other Parties relating to, regarding and/or arising out of
<br />the Settled Claims; and, wish to memorialize the terms and conditions in this Agreement.
<br />NOW, THEREFORE, in exchange for the mutual agreements, covenants, promises, conditions,
<br />representations, and warranties contained herein, and in consideration for the execution of this
<br />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 />IL 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 Settled 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 00/XX Dollars ($59,830.00) (the "Settlement Payment"), for the benefit of
<br />Mounds View, which Mounds View acknowledges as good and valuable consideration for this
<br />Agreement and the resolution of the Settled Claims. Within 30 days of the Effective Date of this
<br />Agreement, AE2S shall tender the Settlement Payment to K&G in a single installment unless the
<br />Parties agree to an alternative payment method and structure that satisfies the terms of this Agreement
<br />and that does not further alter any of the material terms set forth herein.
<br />4. RELEASE OF CLAIMS.
<br />A. MUTUAL GENERAL RELEASES. In consideration for the terms of this Agreement,
<br />the Parties, for themselves and their respective predecessors, successors, assigns, parents,
<br />subsidiaries, affiliates, officers, directors, managers, partners, members, board members,
<br />shareholders, insurers, reinsurers, employees, consultants, agents, representatives, heirs,
<br />executors, and administrators, release and discharge each other Party and all of its
<br />respective predecessors, successors, assigns, parents, subsidiaries, affiliates, officers,
<br />directors, managers, partners, members, board members, shareholders, insurers,
<br />reinsurers, employees, consultants, agents, representatives, heirs, executors, and
<br />administrators, from the Settled Claims and any and all past, present, and future claims,
<br />demands, obligations, controversies, monies, actions, causes of action, lawsuits,
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