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SETTLEMENT AGREEMENT <br />AND MUTUAL RELEASE <br />This Settlement Agreement and Mutual Release ("Agreement") is made by and <br />between plaintiff Women' s Bay Community Council, Inc. ("Women's Bay") and defendants - <br />Kodiak Island Borough ("KIB"), Brechan Enterpris es, Inc. ("Brechan"), and Soil Processing, <br />Inc. ("SPI"). <br />WHEREAS, the undersigned p arties arc involved in litigation in the case ofY_Tornen' s <br />Bay Comm Council. inc. Case No. 3K0-02-207 Civil <br />("Lawsuit"). The parties wish to settle the entire litigation and controversy among them <br />surrounding this case, including all claims that have arisen or may arise under the Lawsuit. <br />They include in this Agreement all the matters in dispute among them in the Lawsuit, <br />including all claims set forth by the first amended complaint, and desire by this Agreement <br />to effect as broad a as allowable by law, except to the extent explicitly limited by this <br />Agreement; and <br />WHEREAS, the undersigned parties have agreed to settle the case on the terms set <br />forth below, <br />NOW THEREFORE, in consideration of the fulfillment of the terms and conditions <br />of this Agreement among the parties, it is agreed: <br />1. SPT wi 11 be allowed to continue operating its soil processing plant at the <br />Brechan property ("Site") until September 15, 2003. SPI will cease operations at the Site no <br />later than September 15, 2003, provided that SPI submits the necessary information for the <br />permit review pursuant to paragraph 4 on or before April 1, 2003; and KIB completes its <br />pemiit review and SPI receives the KIB compliance letter authorizing operation pursuant to <br />that review no later than April 15, 2003. <br />