VIDO ARTUKOVICH AND SON, INC./VIDMAR, INC., A JOINT VENTURE

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2.6 Dismissal with Prejudice. Upon execution of this Agreement by Plaintiff and performance of the acts identified in Section 3.1 below, Plaintiff will dismiss the Action against Defendant with prejudice. 3. CONSIDERATION 3.1 In exchange for Plaintiffs agreement to dismiss the Action with prejudice against Defendant, Defendant agrees to pay Plaintiff a sum of $14,300.00, Defendant shall make this payment by authorizing the release of funds in the same amount to Plaintiff' from the escrow account established for the project known as "Bristol Street Water Main Replacement", Project No. 14-6439. Payment should be addressed to "Vido Artukovich and Son, Inc./Vidmar, Inc., a Joint Venture" and sent to Michael Grimm at Monteleone & McCrory, LLP. Plaintiff agrees that the remaining balance held in escrow shall belong and be payable to Defendant. 4. GENERAL PROVISIONS 4.1 Further Assurances. The Parties agree to execute such other documents and to take such other action as may reasonably be necessary to further the purpose and terms of the Agreement. 4.2 Benefit and Burden. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 4.3 Waiver and Amendment. No breach of any provision hereof can be waived unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision hereof, This Agreement may be amended only by a written agreement executed by the Parties at the time of the amendment. 4.4 Severability. if any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be considered severed and deleted; Page 4 of 6