CAUSE NO.

017-284582-16

ZEPHYR INDEPENDENT SCHOOL § IN THE DISTRICT COURT OF

DISTRICT, §
§
Plaintiff, §
§
V. §
§
GC CARTER CONSTRUCTION §
COMPANY, LLC, §
§ TARRANT COUNTY, TEXAS
Defendant, §
§
V. §
§
TESSITURE PIETRO RADICI SpA; §
RADICIGROUP; LIBERTY TIRE §
RECYCLING, LLC; CONTROLLED §
PRODUCTS, LLC; SPORTURF™; and §
EVERGREEN SYNTHETIC TURF, LLC §
§
Third-Party Defendants. § 17TH JUDICIAL DISTRICT

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS

This Settlement Agreement and Release of All Claims (“Settlement Agreement”) is made
and entered on the date below, by and between Plaintiff and the Released Parties, as defined below.

I. DEFINITIONS

In this Settlement Agreement, the following terms shall be used:

A. “Plaintiff” shall mean and include Zephyr Independent School District and its
owners, successors, assigns, agents, servants, employees, officers, directors,
partners, shareholders, subsidiaries, parent companies, related entities, members,
managers, principals, affiliates, attorneys, and insurers.

B. “Defendant” shall mean and include GC Carter Construction Company, LLC and its
owners, successors, assigns, agents, servants, employees, officers, directors,
partners, shareholders, subsidiaries, parent companies, related entities, members,
managers, principals, affiliates, attorneys, and insurers.

C. “Third-Party Defendants” shall mean and include:

(1) Tessiture Pietro Radici, SpA and its owners, successors, assigns, agents,
servants, employees, officers, directors, partners, shareholders, subsidiaries,

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 1

 parent companies, related entities, members, managers, principals, affiliates,
attorneys, and insurers;

(2) Radici Partecipazioni, SpA and its owners, successors, assigns, agents,
servants, employees, officers, directors, partners, shareholders, subsidiaries,
parent companies, related entities, members, managers, principals, affiliates,
attorneys, and insurers;

(3) Liberty Tire Recycling, LLC and its owners, successors, assigns, agents,
servants, employees, officers, directors, partners, shareholders, subsidiaries,
parent companies, related entities, members, managers, principals, affiliates,
attorneys, and insurers (including Chubb Insurance and Westchester Surplus
Lines Insurance Company);

(4) Controlled Products, LLC and its owners, successors, assigns, agents,
servants, employees, officers, directors, partners, shareholders, subsidiaries,
parent companies, related entities, members, managers, principals, affiliates,
attorneys, and insurers;

(5) Sporturf and its owners, successors, assigns, agents, servants, employees,
officers, directors, partners, shareholders, subsidiaries, parent companies,
related entities, members, managers, principals, affiliates, attorneys, and
insurers; and

(6) Evergreen Synthetic Turf, LLC and its owners, successors, assigns, agents,
servants, employees, officers, directors, partners, shareholders, subsidiaries,
parent companies, related entities, members, managers, principals, affiliates,
attorneys, and insurers.

D. The “Released Parties” shall mean and include:

(1) Defendant, as defined above; and

(2) Third-Party Defendants, as defined above.

E. The “Parties” shall mean and include:

(1) Plaintiff, as defined above; and

(2) The Released Parties, as defined above.

F. The “Project” shall refer to and include the construction project in question, as
described in Plaintiff’s Petition.

G. The “Product” shall refer to and include the artificial turf system in question and all
of its component parts, as described in Plaintiff’s Petition and any expert reports
produced by the Parties.

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 2

 H. The “Lawsuit” shall refer to and include the lawsuit involving the Project and the
Product, which is filed in the 17th Judicial District Court of Tarrant County, Texas
and is numbered and styled: Cause No. 017-284582-16; Zephyr Independent School
District v. GC Carter Construction Company, LLC v. Tessiture Pietro Radici, SpA,
et al.

II. RELEASE OF CLAIMS

In reliance upon the representations, warranties, and covenants in this Settlement

Agreement and in consideration of the mutual promises and agreements contained herein, and
concurrently with the execution and delivery of this Settlement Agreement, the Parties have settled
and compromised their claims and causes of action against each other as follows:

A. Release by Plaintiff

Plaintiff, in consideration of the mutual promises and obligations in this Settlement

Agreement, generally releases and forever discharges the Released Parties from any and all claims,
demands, causes of action of any kind or character, liabilities, obligations and expenses of any
kind, whether now known or not yet discovered, whether actually asserted by Plaintiff or which
could have been asserted by Plaintiff in the Lawsuit, whether pursuant to contract, statute, or tort,
as of this date arising out of and relating in any way to the Project and/or the Product.

B. Release by Defendant

Defendant, in consideration of the mutual promises and obligations in this Settlement

Agreement, generally releases and forever discharges Third-Party Defendants from any and all
claims, demands, causes of action of any kind or character, liabilities, obligations and expenses of
any kind, whether now known or not yet discovered, whether actually asserted by Defendant or
which could have been asserted by Defendant in this Lawsuit, whether pursuant to contract, statute,
or tort, as of this date arising out of and relating in any way to the Project and/or the Product.

C. Release by Third-Party Defendants

Third-Party Defendants, both individually and collectively, in consideration of the mutual

promises and obligations in this Settlement Agreement, generally release and forever discharge
Defendant from any and all claims, demands, causes of action of any kind or character, liabilities,
obligations and expenses of any kind, whether now known or not yet discovered, whether actually
asserted by Third-Party Defendants or which could have been asserted by Third-Party Defendants
in this Lawsuit, whether pursuant to contract, statute, or tort, as of this date arising out of and
relating in any way to the Project and/or the Product.

III. PAYMENT

For and in consideration for Plaintiff entering into this Settlement Agreement, and for the
release, discharge, and the other agreements contained herein, Defendant and Third-Party
Defendants collectively agree to pay to Plaintiff the total sum of TWO HUNDRED-EIGHT

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 3

THOUSAND SEVEN HUNDRED-FIFTY DOLLARS AND ZERO CENTS ($208,750.00) (the
“Settlement Amount”) upon the Parties’ execution of this Settlement Agreement, for full and final
satisfaction of Plaintiff’s claims and potential claims against Defendant and potential claims
against Third-Party Defendants. The Settlement Amount shall be paid as follows:

• $98,750.00 to be paid on or behalf of Defendant;

• $30,000.00 to be paid on or behalf of Third-Party Defendant Liberty Tire Recycling,
LLC;
• $79,999.00 to be paid on or behalf of Third-Party Defendants Controlled Products,
LLC, Sporturf, and Evergreen Synthetic Turf, LLC; and
• $1.00 and other good and valuable consideration to be paid on or behalf of Third-Party
Defendants Tessiture Pietro Radici, SpA and Radici Partecipazioni, SpA.

Plaintiff hereby acknowledges and confesses the adequacy and sufficiency of the Settlement
Amount in full, final, and complete satisfaction and release of its claims and potential claims.

Plaintiff’s right to the payment of the Settlement Amount, in the manner set forth above, is
expressly conditioned on its execution of this Settlement Agreement, its dismissal of its claims
against Defendant with prejudice, and the other agreements contained herein.

IV. REPRESENTATIONS AND WARRANTIES

The following representations and warranties shall survive the execution of this Settlement
Agreement and the completion of the settlement provided in this Settlement Agreement.

A. Authority

Plaintiff represents and warrants that it owns all claims made against Defendant that form
the basis of the Lawsuit and are related in any way to the Project and/or the Product. Further,
Plaintiff represents that it has not assigned any claims that it might have against any or all of the
Third-Party Defendants.

Defendant represents and warrants that it owns all claims made against Third-Party
Defendants that form the basis of the allegations set forth in Defendant’s First Amended Third-
Party Petition.

Each Party warrants and represents that it has the power and authority to enter into this
Settlement Agreement and that this Settlement Agreement and all documents delivered pursuant to
this Settlement Agreement are valid, binding, and enforceable upon it.

Each Party warrants and represents that no consent, approval, authorization or order of, and
no notice to, or filing with any court, governmental authority, person or entity is required for the
execution, delivery, or performance of this Settlement Agreement.

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 4

 B. No Assignment

Plaintiff warrants and represents that that no part of the claim or claims Plaintiff has
asserted or could have asserted against Defendant or any of the other Parties released in this
Settlement Agreement has been assigned or transferred to any other person or entity.

Defendant warrants and represents that no part of the claim or claims Defendant has
asserted or could have asserted against Third-Party Defendants or any of the Parties released in this
Settlement Agreement has been assigned or transferred to any other person or entity.

C. Indemnity

Plaintiff agrees to indemnify and hold harmless the Released Parties from any claims made
by, through, and/or under Plaintiff against the Released Parties which are initiated by any persons
or entities that are not parties to this Agreement regarding and/or related to the Product at issue in
the Lawsuit, and Plaintiff will provide a defense of any such claims at Plaintiff’s expense.

D. Disclaimer of Liability

This is a compromise of a disputed claim, and the payments recited herein are not to be
construed as an admission of liability on the part of the Released Parties, by whom liability has
been, and continues to be, expressly denied. The Released Parties do not, by making this
compromise settlement, admit any liability, negligence, or fault in connection with the Project, the
Product, or any of the claims asserted in the Lawsuit, and none of the papers and documents
pertaining to this settlement, including the existence of this settlement, shall be used or admissible
against the Released Parties in any lawsuit now pending or which might hereafter be filed by any
person, firm, or corporation.

E. Unknown Claims for Damages

Plaintiff hereby expressly waives and assumes the risk of releasing any and all claims for
damages against the Released Parties that exist as of this date or that might arise in the future
related to the Project and/or the Product, of which Plaintiff, as the releasing party, does not know or
suspect to exist, and which, if known, would materially affect Plaintiff’s decision to enter into this
Settlement Agreement.

Defendant hereby expressly waives and assumes the risk of releasing any and all claims for
damages against Third-Party Defendants that exist as of this date or that might arise in the future
related to the Project and/or the Product, of which Defendant, as the releasing party, does not know
or suspect to exist, and which, if known, would materially affect Defendant’s decision to enter into
this Settlement Agreement.

Plaintiff agrees that it accepts payment of the Settlement Amount as a complete

compromise of matters involving disputed issues of law and fact, and Plaintiff assumes the risk that
the facts or law may be otherwise than Plaintiff believes as any damages claimed as arising or
resulting from the Incident may or might prove more serious or lasting than now known or
anticipated.

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 5

 No representations have been made to any of the Parties by any attorney, agent, or other
representative of the other Parties concerning the nature, extent, or duration of the alleged injuries
and damages claimed in the Lawsuit or the legal liabilities therefore, and in making this Settlement
Agreement, the Parties rely wholly upon their own respective knowledge, information, and belief
concerning such matters.

F. Dismissal and Additional Documents

The Parties agree to cooperate fully in executing any and all supplementary documents and
to take all additional actions that may be necessary or appropriate to give full force and effect to the
basic terms and intent of this Settlement Agreement. These additional activities will include, but
will not be limited to, the execution by all Parties of agreed dismissal documents, which will be
circulated following the execution by all Parties of this Settlement Agreement.

Taxable court costs, attorneys’ fees, and other litigation costs and expenses are to be paid
by the Party incurring the same.

G. Governing Law

This Settlement Agreement shall be construed and interpreted in accordance with the laws
of the State of Texas as such laws exist on the date of the execution of this document.

H. Non-Disparagement

Each Party agrees to not disparage or defame any other Party in any way or through any
means as it relates to the Project, the Product, or any claims that have been asserted or could have
been asserted by any Party to the Lawsuit.

I. Entire Agreement and Severability

This Settlement Agreement contains the entire agreement between the Parties hereto, and
the terms of this Settlement Agreement are contractual and not mere recitals. Each provision of
this Settlement Agreement is intended to be distinct and several. If any terms of this Settlement
Agreement shall be held or declared to be invalid, illegal, or unenforceable for any reason
whatsoever, the validity, legality, and enforceability of the remaining provisions hereof shall
remain in full force and effect and shall not in any way be affected or impaired thereby.

J. Representation of Comprehension of Agreement

Each Party acknowledges that it has made a full and complete investigation of its rights in
this matter and has been represented by its own attorney throughout the negotiations leading to the
execution of this Settlement Agreement.

Each party warrants that it has carefully reviewed the foregoing Settlement Agreement,
knows the content thereof, has consulted with an attorney of its own choice regarding the meaning
and effect thereof, is signing the Settlement Agreement solely of its own free act, and has the

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 6

authority to execute this Settlement Agreement.

I, whose signature is affixed below, have read the foregoing Settlement Agreement and
fully understand its contents and effects, and affix my hand and signature on the date indicated.

This Settlement Agreement may be executed in multi-counterparts.

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS PAGE 7

 IN WITNESS WHEREOF and intending to be legally bound, Defendant GC Carter

Construction Company, LLC, has hereunto set its hand and seal through its duly authorized

representative on this el. day of Al oewt e r , 2017.

CAUTION: ,READ CAREFIXLY BFFORE SIGNING

GC CARTER CONSTRUCTION COMPANY,

LLC

By:
Printed Name:
Title: V P
STATE OF
COUNTY OF -1-c,criA

Before me, the undersigned authority, a Notary Public in and for the State of
4
, personally appeared t --°"'' "ic ( Pi , who is known

to me and who, being by me first duly sworn, deposes and states that he/she has read the above

and foregoing Agreement and is duly authorized to execute same on behalf of GC Carter

Construction Company, LLC.

Sworn to and subscribed before me this day of 1.-V'Ve(r •-• e , 2017.

My Commission Expires:
ROBERT REAGAN CARTER
OP(* ..c6644Notary Pub, State of Texas
AS Comm, Expires 08-16.2021
o Notary ID 131247644

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