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D. St. Anthony commenced a lawsuit against NewMech entitled City of St. • <br /> Anthony v. NewMech Companies, Inc., Ramsey County District Court (the <br /> "Action"). <br /> E. NewMech has denied that it improperly performed any duty owed to <br /> St. Anthony under the Contract or caused St. Anthony to incur any damages. <br /> F. The parties desire to resolve their disputes concerning the Contract and the <br /> action. <br /> NOW, THEREFORE, in consideration of the mutual covenants, <br /> promises, and releases herein, and other good and valuable consideration, the <br /> receipt and adequacy of which are hereby acknowledged, the parties to this <br /> Agreement agree as follows: <br /> 1. St. Anthony will pay to NewMech the amount of $6,501.95 by <br /> certified check payable to "NewMech Companies, Inc. and Gerald Duffy, its <br /> attorney." The payment of said sum shall fully satisfy all of St. Anthony's <br /> obligations under the Contract for payments to NewMech. <br /> 2. NewMech, for itself, its successors, and assigns, and its <br /> subcontractors and suppliers, with regard to this Project, hereby releases, acquits, and <br /> forever discharges St. Anthony, and its successors and assigns, of and from any and <br /> all liability or damages arising out of any matter, act, or occurrence prior to the date <br /> hereof. <br /> 3. St. Anthony, for_itself, its successors and assigns, with regard to the <br /> Project, hereby releases, acquits, and forever discharges NewMech, and its successors <br /> • <br /> 2 <br />