GENERAL MUTUAL RELEASE & SETTLEMENT AGREEMENT

This General Mutual Release and Settlement Agreement ("Agreement") is entered into
by and among: (i) Andrew Davison ("Davison"); (ii) Cape Cod Biofuels (iii) the Town of
Sandwich ("Town"); (iv) Thomas Corriveau ("Corriveau"); (v) George Russell ("Russell"); and
George Dunham ("Dunham") each of which is a "Party" to this Agreement (collectively,
"Parties").

WHEREAS, on or about };4ay 21,2015, Davison and Cape Cod Biofuels filed a Complaint
against the Town, Corriveau, Russell, Dunham and Jason Viveiros in United States District Court
for the District of Massachusetts, docketed as Civil Action No. 1 :15-cv- 1 1889 (referred to herein
as the "Litigation"), arising out of andlor related to events that occurred on between November
20ll and April2014.
WHEREAS, the Town, Corriveau, Russell and Dunham deny that they in any way
retaliated or conspired against Davison and/or Cape Cod Biofuels or violated any duty or
obligation to Davison andlor Cape Cod Biofuels under any local, state, or federal statute, regulation
or common law theory of recovery; and the Town, Corriveau, Russell and Dunham further deny
in all respects Davison andlor Cape Cod Biofuels allegations as set forth in the Litigation.

WHEREAS, each of the Parties has determined it is in each's best interest and to the
Pafties' mutual advarrtage to settle all of the disputes between and among them and thereby avoid
the considerable time, expense, and uncefiainty associated with continuing the Litigation and thus
desire to amicably, fully, and finally settle all existing claims, potential claims, and disputes and
potential disputes between them as of this date. Therefore, in consideration of the mutual
covenants, conditions and obligations set forth herein, the Parties agree as follows:

NOW, THEREFORE, IN CONSIDERATION OF THE RELEASES AND OTHER

AGREEMENTS DESCRIBED HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

1. Davison and Cape Cod Biofuels Release. Davison and Cape Cod Biofuels hereby
remise, release, acquit and forever discharge the Town, Corriveau, Russell and Dunham, MIIA
Property & Casualty Group, Inc., Cabot Risk Strategies, LLC, and their respective boards,
officials, officers, directors, principals, members, shareholders, agents, servants, employees,
representatives, parent companies, subsidiaries, affiliates, insuters and attorneys, both past and
present (collectively, hereinafter the "Town Pafties"), of and from any and all claims,
compensatory damages, punitive damages, obligations, promises, covenants, agreements,
contracts, controversies, suits, actions, causes of action, injuries (including, but not limited to,
emotional distress), debts, harm, sums, expenses, costs, attorneys' fees, liabilities or demands, both
in Law and Equity, which Davison, or any of his, executors, administrators, successors or assigns,
and Cape Cod Biofuels, its officials, officers, directors, principals, members, shareholders, agents,
servants, employees, representatives, have against said Town Parties, or Davison andlor Cape Cod

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Biofuels ever had or may ever have, whether known or unknown, anticipated or unanticipated, by
reason of any matter, cause or event whatsoever, from the beginning of the world to the date of the
execution of this Agreement, including, but not limited to, any claim arising out of, related to, or
connected in any way the Town Parties' discipline, investigation or termination of Davison's
employment with the Town, as such claims are assefted, or could have been asserted, in the
Litigation. Without lirniting the generality of the foregoing, and by way of illustratton only,
Davison and Cape Cod Biofuels agree and understand that, by the language set forth above, they
forever release and discharge the Town Parties from any and all claims based upon:

a M.G.L. c. 1518;
a the Massachusetts Civil Rights Act ("MCRA");
a Title VII of the Civil Rights Act of 1964;
o the Family and Medical Leave Act ("FMLA");
o the Americans with Disabilities Act ("ADA");
a M.G.L. ch.4l, Section 111F;
a the Civil Rights Act of 1866,1871 and 1991;
o 42 U.S.C. Section 1981, 1983, 1988;
o the Rehabilitation Act of 1973;
o the Age Discrimination in Employment Act of 1967 ("ADEA"); and any common law
or statutory claims of any kind whatsoever, including claims for intentional
a infliction of emotional distress, constructive discharge, breach of contract, quantum
meruit, defamation or retaliation of any type;
o any claims, rights, or demands arising out of any oral or written contractual
relationship; and
o any other rights, claims or demands pertaining to any local, state or federal regulation
or law.

Davison and Cape Cod Biofuels acknowledges that this General Release includes claims arising
out of all federal, state, or local statutes as amended, and any common law, including without
limitation, claims for emotional distress, invasion of privacy, defamation, slandet, wrongful
discharge, constructive discharge, negligent hiring, negligent retention or any other incidental or
consequential claims or damages, expenses incurred, litigation expenses, court costs, and any and
all other damages or statutory sums whatsoever, compensatory or punitive. Specifically excluded
from this release are (1) any release or discharge of claims that Davison and/or Cape Cod Biofuels
may have against Sandwich Professional Firefighters, Local 2196 andany of its members, officers,
or counsel (collectively, the "Union") for any claim, including but not limited to a claim for failing
to represent Davison in any proceedings arising from the Town's dismissal of Davison as a
firefighter and employee of the Town; (2) any release or discharge of claims that Davison andlor
Cape Cod Biofuels may have against Jason Viveiros; and (3) any release or discharge of claims
arising from any dealings, unrelated to the allegations set forth in this Litigation, including
Davison's First Amendment activity as of this date, his employment or discharge, between the
Town and Cape Cod Biofuels such as in connection with any inspections, permits or the like.

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 2. Town Parties Release. The Town Parties, excluding.Iason Viveiros, hereby remise,
release, acquit and forevel discharge Davison and Cape Cod Biofuels of and from any and all
claims, compensatory damages, punitive damages, obligations, promises, covenants, agreements,
contracts, controversies, suits, actions, causes of action, injuries (including, but not limited to,
emotional distress), debts, harm, sums, expenses, costs, attorneys' fees, liabilities or demands, both
in Law and Equity, which the Town Parties, or any of their executors, administrators, successors
or assigns, have against Davison and Cape Cod Biofuels, or any of the Town Parties ever had or
may ever have, whether known or unknown, anticipated or unanticipated, by reason of any matter,
cause or event whatsoever, from the beginning of the world to the date of the execution of this
Agreement, including, but not limited to, any claim arising out of, related to, or connected in any
way the Town Parties' discipline, investigation or termination of Davison's employment with the
Town, as such claims are asserted, or could have been asserted, in the Litigation.

3. Palzment. This agreement is made in consideration of a payment in the amount of

Sixty Two Thousand Five Hundred Dollars and no cents ($62,500.00), made by MIIA Property &
Casualty, Inc., on behalf of the Town Parties, by a single check payable to Yurko, Salvesen &
RemZ P.C., as attorneys for Andrew Davison, with said payment to be made according to the
terms set forth herein and within 14 days of the execution of this Agreement.

4. Representations and Warranties. Each of the Parties hereby represents and warrants
that:
a. He is of full legal age;
b. He has read this Agreement, has been advised by counsel as to its legal effect and
meaning, and expressly warrants that he understand its terms and provisions;
c. There are no liens or encumbrances on his claims as set forth herein, including, but
not limited to, medical liens andlor attorney liens; and
d. He has entered into this Agreement in good faith and without reliance upon any
statements or representations made by or on behalf of the other Parties, nor was he
influenced or induced by any statements or representations made by or on behalf of
any of the other Parties to execute this Agreement.

5. Massachusetts Law. It is expressly understood and agreed that this Agreement shall
be interpreted and construed under and in accordance with the laws of the Commonwealth of
Massachusetts. It is further understood and agreed that this Agreement shall be construed without
regard to the identity(ies) of the party(ies) who prepared it and as if Davison, Cape Cod Biofuels
and the Town Parties had jointly prepared it. This Agreement shall be deemed the joint work
product of Davison, Cape Cod Biofuels and the Town Parties. Any uncertainty or ambiguity shall
not be interpreted against any one party, and any rule of construction that a document is to be
construed against the drafting party shall not be applicable. All of the statements contained herein,
without limitation, are deemed to be contractual obligations, and not mere recitals. This
Agreement may be executed with multiple signature pages in one or more counterparts, and fully
executed counterparts shall be considered one and the same Settlement Agreement. Facsimile
andlor e-mailed signature pages will be considered an executed Agreement by the parties.

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 6. No Admission of Liabilit)'. It is expressly agreed and understood that acceptance
of the payment set forth in Paragraph 3 above is in full accord and satisfaction of a disputed claim,
that said payment is not an admission of liability, and that all liability by the Town Parties to
Davison, or any of his, executors, administrators, successors or assigns, and Cape Cod Biofuels,
its officials, officers, directors, principals, members, shareholders, agents, servants, employees,
representatives, is hereby expressly disputed and denied.

7 . Stipulation of Dismissal. Davison and Cape Cod Biofuels agree to authorize their
attorneys to execute a voluntary Stipulation of Dismissal, with prejudice and without costs,
waiving all rights of appeal, pursuant to Fed. R. Civ. P. a1(a)(1) upon execution of this Agreement
as to all defendants. The Town Parties agree to execute that Stipulation of Dismissal.

8. Cooperation. Davison and Cape Cod Biofuels and the Town Parties agree to
perform such further acts as identified herein or as may be reasonably necessary or convenient to
carry out and perform the terms and provisions of this Agreement.

9. Severabilitv. If any provision of this Agreement should be deemed invalid or

unenforceable by a Court of competent jurisdiction, such invalidity or unenforceability shall be
deemed not a part of this Agreement and shall not affect the validity or enforceability of the rest,
residue and remainder of this Agreement which shall continue unabated and in full force and effect.

10. Entire Agreement. This Agreement contains the entire understanding and
agreement between the Parties hereto, with reference to the matters which are included herein, and
this Agreement shall not be abrogated, or modified, or suspended, except upon the written consent
of the Parties. By executing this Agreement, Davison and Cape Cod Biofuels represent and
acknowledge that they does not rely upon, and have not relied upon, any representation or
statement which has been made by the Town Parties which representation or statement has not
been set forth in this Agreement.

ITHE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]

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 IN WITNESS HEREOF, Andrew Davison hereby sets his hands and seals on this _day
of 2017

Witness Andrew individually

Dated: Dated: ? 7

IN V/ITNESS HEREOF, Andrew Davison, as authorized by Cape Cod Biofuels, hereby

sets his hands and seals on this _ day of

'Witness
Davison, in his capacity as Secretary
of Cape Cod Biofuels

Dated: Dated: à (

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 IN WITNESS HEREOF, the Town Parties hereby set their hands and seals on this

day of b ... * L* r- 2ot7 r

Individually and Town

Manager the Town of Sandwich

Dated: 0t Dated: L t+

IN WITNESS HEREOF, Thomas Corriveau hereby sets his hand and seals on this _
day of 20t7,

Witness Thomas Corriveau

Dated: Dated:

IN WITNESS HEREOF, George Russell hereby sets his hand and seals on this _ day

of 2017.

Witness George Russell

Dated Dated:

Page 6 of6
 IN WITNESS HEREOF, the Town Parties hereby set their hands and seals on this day
-
of 20t7.

Witness George Dunham, hrdividually and as Town

Manager for the Town of Sandwich

Dated:_ Dated:

IN WITNESS HEREOF, Thomas Coniveau hereby sets his hand and seals on this day
-
of 2017.

Witness Thomas Corriveau

Dated Dated:

IN WITNESS HEREOF, George Russell heleby sets his hand and seals on this lt- day of

Dcc"* 2017.

,a
w George

Dated: Dated: tl t2

Page 6 of6
 IN WITNESS HEREOF, the Town Parties hereby set their hands and seals on this

day of 2017,

Witness George Dunham, Individually and as Town

Manager for the Town of Sandwich

Dated: Dated:

IN WITNESS HEREOF, Thomas Corriveau hereby setdhis hand and seals on this

day of 2fr11.

Witness

Dated: Dated:

IN WITNESS HEREOF, George Russell hereby sets his hand and seals on this day
-.
of 2017.

Witness George Russell

Dated: Dated: