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13 <br /> Barbarossa. Accordingly, pursuant to paragraph two of this agreement, the City will issue,.a: <br /> $146,067.84 check to Barbarossa in full and final payment of the Settlement Amount. The City <br /> agrees that Barbarossa's contractual, post-acceptance warranty has expired. <br /> 2. The Settlement Amount shall be paid by the end of business on September 20, <br /> 2002. Late payments shall bear interest at the rate of 18% per year. <br /> 3. Upon payment of the Settlement Amount to Barbarossa, the parties to this <br /> agreement will be deemed mutually released from all claims previously asserted in this lawsuit <br /> or against WSB and all other claims arising out of the City's 2000 Street and Utility <br /> Improvements project, with the sole exception of claims for indemnity or contribution from <br /> claims for personal injury and property damage asserted by persons or entities who are not <br /> parties.to this agreement. This release also extends to the parties' officers, agents, employees, <br /> and insurers. <br /> 4. Upon payment of the Settlement Amount, the parties will stipulate to this <br /> lawsuit's dismissal with prejudice. <br /> 5. The parties will absorb their own attorneys' fees and other costs related to this <br /> lawsuit. <br /> 6. As the compromise of disputed claims, this settlement is not an admission against <br /> the interest of any person or entity. <br /> BARBAROSSA AND SONS, INC. CITY OF ST. ANTHONY VILLAGE <br /> By By <br /> Paul Flykt, Vice President Its <br /> Dated: August_, 2002 Dated: August_, 2002 <br /> 2249344vl <br />