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SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE (the "Agreement") is made and entered into as of this 29th day of September, 2021 (the "Effective Date"), by and between Indian River County, Florida (the "County") and Ahtna Marine & Construction Company, LLC ("Ahtna"). The County and Ahtna may hereinafter be referred to collectively as the "Parties." BACKGROUND WHEREAS, Ahtna is a corporation organized and existing under the laws of the State of Alaska, registered to do business in the State of Florida. Ahtna is in the business of marine construction including, among other things, dredging, shoreline protection, wetlands construction and beach re -nourishment; WHEREAS, the County is a political subdivision with its seat of government located in Vero Beach, Florida; WHEREAS, on July 26, 2020, the County published a solicitation for Indian River County Sector 3 Beach Dune Restoration Project, Bid No.: 202005 (Project No: IRC -1925) (hereinafter, the "Project"); WHEREAS, on September 3, 2020, Ahtna submitted a bid on the Project (the "Bid"). As part of the Bid, Ahtna submitted a Bid Bond issued by Great American Insurance Company, as required by the Bid Specifications (the "Bid Bond"); WHEREAS, on or about September 11, 2020, Ahtna notified the County that for a variety of reasons, it was withdrawing the Bid, which the County contends was submitted after the stated deadline for withdrawing bids. Thereafter, there was substantial communication between the parties; WHEREAS, on September 22, 2020, the County provided Ahtna with a Notice of Award for the Project; WHEREAS, a dispute arose between Ahtna and the County over the Bid, the Notice of Award and the County's rights under the Bid Bond; WHEREAS, the County has notified Ahtna that it has lost the original Bid Bond; and WHEREAS, the parties now wish to fully and finally resolve the dispute over the Bid, the Notice of Award and the County's rights under the Bid Bond without an admission of liability, wrongdoing or fault on the part of either party. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The recitals set forth above are incorporated herein as terms of this Agreement.