CONFIDENTIAL SETTLEMENT AND RELEASE AGREEMENTSettlement Agreement • September 22nd, 2006 • Minnesota
Contract Type FiledSeptember 22nd, 2006 Jurisdiction(“Agreement”), entered into as of the [ ] day of [ ], 2006 but effective as of the Effective Date (as defined in Section 4 below), is by and between TIC – The Industrial Company Wyoming Inc., a Wyoming company, (“TIC” or “Contractor”) and Calpine Construction Management Company, Inc., a Delaware company (“CCMCI”). In this Agreement, CCMCI and Contractor are sometimes referred to individually as a “Party” and collectively as the “Parties.” Capitalized terms used but not defined herein shall have the meanings given to them in that certain Contract for Construction Services dated April 12, 2005 between CCMCI and Contractor, as amended through the date hereof (the “Construction Contract”).