ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY Resolution No. 12-09-41 September 27, 2012 AUTHORIZING SETTLEMENT WHEREAS, a dispute arose between Penet Empire LLC; FH Phinney; HC Livingston, Jr., (collectively, the “Plaintiff”) and the St. Lawrence County Industrial Development Agency (the “SLCIDA” and collectively, with Plaintiff, the “Parties”), and WHEREAS, Plaintiff filed complaints in the Ogdensburg City Court of the State of New York, St. Lawrence County, captioned Livingston vs. St. Lawrence County IDA, Phinney vs St. Lawrence County IDA and Penet vs. St. Lawrence County IDA (collectively, the “Claim”), and WHEREAS, the Parties desire to settle the dispute and all other controversies and differences between them, NOW, THEREFORE, BE IT RESOLVED that the St. Lawrence County Industrial Development Agency hereby agrees to settle the claim of Plaintiff and authorizes payment to Plaintiff in the amount of $11,240.00, and BE IT FURTHER RESOLVED that release of said payment shall be contingent upon execution and delivery of mutual releases and stipulation of discontinuance by Plaintiff of all actions filed (against the St. Lawrence County Industrial Development Agency) with the Ogdensburg City Court of the State of New York, St. Lawrence County, in a form approved by SLCIDA Legal Counsel. Move: Second: VOTE Blevins Hall LaBaff McMahon Peck Staples Weekes LaBaff McMahon AYE X X X X X X NAY ABSTAIN ABSENT I HEREBY CERTIFY that I have compared this copy of this Resolution with the original record in this office, and that the same is a correct transcript thereof and of the whole of said original record. /s/ X Natalie A. Sweatland September 27, 2012