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RELEASE AGREEMENT /~This Release ~greement (“Release Agreement”)is made and entered into effect this (t7 day of ~2016 by and between the CITY OF LOUISVILLE,a Colorado home rule munici al corporation (the “City”)and BOULDER WIND POWER,INC.,a Delaware corporation (“Boulder Wind”). WHEREAS,the City and Boulder Wind entered into a Business Assistance Agreement dated December 21,2011 (the “BAA”)pursuant to which the City provided certain incentives to Boulder Wind,including rebates for building permit fees and consumer use tax,for locating its business in the City and for finishing approximately 34,329 square feet of existing space located at 1812 Boxelder Street,Louisville,CO (the “Project);and WHEREAS,between 2012 and 2014,Boulder received rebates for building permit fees and consumer use tax from the City totaling $66,090.36 with respect to the Project;and WHEREAS,Section 9 of the BAA states:“In the event Boulder Wind Power,Inc.ceases business operations within the City within five (5)years after the new operations commence, then in such event Boulder Wind Power,Inc.shall pay to the City the total amount of fees and taxes which were due and payable by Boulder Wind Power,Inc.to the City but were rebated by the City,as well as reimburse the City for any flinds provided to Boulder Wind Power,Inc. pursuant to this Agreement;”and WHEREAS,Boulder Wind completed the Project in July 2012 and vacated the facility in October 2014,which is within the five year period described in Section 9 of the BAA;and WHEREAS,the City and Boulder Wind desire to settle any claims concerning monies owed by Boulder Wind to the City under the terms of the BAA and concerning taxes and building permit fees paid by Boulder Wind to the City for the Project in accordance with the provisions and upon the terms and conditions hereinafter set forth. NOW THEREFORE,for and in consideration of the recitals,payment,and mutual releases,promises and covenants contained herein,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged and confessed,the parties,each intending to be legally bound,hereby agree as follows: 1.Incorporation of Recitals.The foregoing recitals are material to this Release Agreement and are incorporated herein by this reference. 2.Payment to City.For and in consideration of each and every release,promise and obligation of the City under this Release Agreement,Boulder Wind agrees to pay to the City the sum of thirty three thousand and forty-five dollars ($33,045.00)by certified check made payable to the City of Louisville.Boulder Wind shall deliver to the City such certified check concurrent with delivery of Boulder Wind’s executed originals of this Agreement.Delivery and 1