STIPULATED AND ORDER TO DISMISS PAE APPLIED TECHNOLOGIES LLC'S COMPLAINT AGAINST SAIZ CONSTRUCTION COMPANY, INC. AND SURETEC INSURANCE COMPANY; SAIZ CONSTRUCTION COMPANY INC.'S COUNTERCLAIM; AND SURETEC INSURANCE COMPANY'S CROSS-CLAIM AGAINST SAIZ CONSTRUCTION COMPANY INC.; AND TO DISMISS THIRD-PARTY DEFENDANTS SIERRA GEOTECHNICAL SERVICES, INC., RISUN TECHNOLOGIES, LLC, TONOPAH SAND AND GRAVEL, INC. AND DEVELOPER'S SURETY AND INDEMNITY COMPANY WITH PREJUDICE

RICHARD F. BOULWARE, II, District Court.

Plaintiff/Counter-defendant PAE Applied Technologies LLC, by and through counsel Amy Sorenson, Esq. of the law firm SNELL & WILMER LLP and Brian J. Vella, Esq. of the law firm SMITH PACHTER McWHORTER PLC, Defendant/Counterclaimant/Cross-Defendant/Third-Party Plaintiff Saiz Construction Company Inc., by and through its counsel Shea A. Backus, Esq. of the law firm BACKUS, CARRANZA & BURDEN, Defendant/Cross-claimant/Third-Party Plaintiff SureTec Insurance Company, by and through its counsel D. Chris Albright, Esq. of the law firm ALBRIGHT, STODDARD, WARNICK & ALBRIGHT and Frank Lanak, Esq. of the law firm LANAK & HANNA, P.C., Third-Party Defendants Risun Technologies, LLC and Developer's Surety and Indemnity Company, by and through their counsel Brett D. Ekins, Esq. of the law firm JONES WALDO HOLBROOK & McDONOUGH, Third-Party Defendant Tonopah Sand and Gravel, Inc., by and through its counsel David S. Schopick, Esq. of the law firm SPRINGEL & FINK LLP, and Third-Party Defendant Teal Construction Inc., by and through its counsel Kurt Bonds, Esq. of the law firm ALVERSON, TAYLOR, MORTENSEN & SANDERS, hereby stipulate as follows:

1. On December 19, 2014, Plaintiff filed its original Complaint in the District Court of Nye County, Nevada. [Doc. 1]

2. On February 27, 2015, Defendant SureTec Financial Corporation removed this matter to federal court. [Doc. 1]

3. On March 6, 2015, the appearing parties Plaintiff PAE Applied Technologies LLC and Defendant SureTec Financial Corporation stipulated to filing of an amended complaint to substitute SureTec Insurance Company as a defendant and dismissing SureTec Financial Corporation. [Doc. 9]

4. On March 16, 2015, Plaintiff PAE Applied Technologies LLC filed its First Amended Complaint naming Defendants Saiz Construction Company Inc. and SureTec Insurance Company. [Doc. 12]

5. On April 20, 2015, Defendant SureTec Insurance Company filed its Answer to First Amended Complaint and also filed its Crossclaim against Cross-Defendant Saiz Construction Company Inc. and Third-Party Complaint against Third-Party Defendants Sierra Geotechnical Services, Inc., Risun Technologies, LLC, Tonopah Sand & Gravel, Inc., Teal Construction, Inc., Developer's Surety and Indemnity Company, and John Does I through 30, and Roe Business Entities 1 through 30. [Doc. 20]

6. Defendant Saiz Construction Company Inc. filed its Answer to Plaintiff's First Amended Complaint on May 11, 2015. [Doc. 38] Defendant Saiz Construction Company, Inc. filed its Amended Answer, Counterclaim and Third-Party Complaint naming Third-Party Defendants Risun Technologies, LLC, Tonopah Sand & Gravel, Inc., Teal Construction, Inc., Developer's Surety and Indemnity Company, and Does I through 30 On June 1, 2015. [Doc. 48] Cross-Defendant Saiz Construction Company Inc. filed its Answer to SureTec Insurance Company's Counterclaim on July 6, 2015. [Doc. 76]

7. Third-Party Defendant Risun Technologies, LLC filed its Answer to SureTec Insurance Company's Third-Party Complaint on June 4, 2015. [Doc. 58]

8. Third-Party Defendant Developer's Surety and Indemnity Company filed its Answer to SureTec Insurance Company's Third-Party Complaint on June 4, 2015. [Doc. 59]

9. Third-Party Defendant Sierra Geotechnical Services, Inc. filed its Answer to SureTec Insurance Company's Third-Party Complaint on June 5, 2015. [Doc. 62]

10. Plaintiff/Counter-Defendant PAE Applied Technologies LLC filed its Answer to Saiz Construction Company Inc.'s Counterclaim on June 25, 2015. [Doc. 67]

11. Third-Party Defendant Teal Construction Inc. filed its Answer to Third-Party Plaintiff Saiz Construction Company Inc.'s Third-Party Complaint on September 4, 2015. [Doc. 92]

12. Third-Party Defendant Teal Construction Inc. filed its Answer to Third-Party Plaintiff SureTec Insurance Company's Third-Party Complaint on September 11, 2015. [Doc. 93]

13. Third-Party Defendant Tonopah Sand and Gravel, Inc. filed its Answer to Third-Party Plaintiff SureTec Insurance Company's Third-Party Complaint on September 23, 2015. [Doc. 95]

14. Third-Party Defendant Tonopah Sand and Gravel, Inc. filed its Answer to Third-Party Plaintiff Saiz Construction Company Inc.'s Third-Party Complaint on September 23, 2015. [Doc. 96]

15. On December 15, 2015, the parties participated in mediation with mediator Ken C. Gibbs of JAMS. After said mediation, the parties continued to discuss resolution of this matter with the assistance of Mediator Gibbs.

16. A settlement of all claims between the following parties was reached on or about March 8, 2016: Plaintiff/Counter-defendant PAE Applied Technologies LLC, Defendant/Counterclaimant/Cross-Defendant/Third-Party Plaintiff Saiz Construction Company Inc., Defendant/Cross-claimant/Third-Party Plaintiff SureTec Insurance Company, Third-Party Defendants Risun Technologies, LLC and Developer's Surety and Indemnity Company, and Third-Party Defendant Tonopah Sand and Gravel, Inc. (hereinafter collectively referred to as "Settling Parties").

17. As part of this settlement, the settling parties agreed to voluntarily dismiss the following claims against the following parties in accordance with FED. R. CIV. P. 41:

18. The Settling Parties will bear their own attorneys fees and costs.

19. This voluntary dismissal of claims does not resolve this entire case.

20. No trial date has been set in this case.

21. Third-Party Plaintiffs Saiz Construction Company Inc. and SureTec Insurance Company's claims set forth in their respective Third-Party Complaints against Third-Party Defendant Teal Construction, Inc. have not been settled, and Third-Party Plaintiffs, accordingly, maintain their third-party claims against Teal Construction, Inc. Accordingly, Third-Party Teal Construction, Inc. is not being dismissed by way of this voluntary dismissal.

IT IS HEREBY STIPULATED AND AGREED TO BY:

Dated this 31 day of May, 2016, Dated this 10 day of June, 2016, Leland Eugene Backus, Esq. Amy Sorenson, Esq. Shea A. Backus, Esq. Robin Perkins, Esq. BACKUS, CARRANZA & BURDEN Snell & Wilmer LLP 3050 South Durango Drive 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89117 Las Vegas, NV 89169 Tel.: (702) 872-5555 Tel.: (702) 784-5200 Fax: (702) 872-5545 Fax: (702) 784-5252 Email: gbackus@backuslaw.com sbackus@backuslaw.com Armani Vadiee, Esq. Brian J. Vella, Esq. Attorneys for Defendant/Counterclaimant/Third-Party SMITH PACHER McWHORTER PLC Plaintiff Saiz Construction 8000 Towers Crescent Drive, Suite 900 Company, Inc. Tysons Corner, VA 22182 Plaintiff PAE Applied Technologies, LLC Dated this 17th day of May, 2016, Dated this 13th day of July, 2016, D. Chris Albright, Esq. Marsha L. Stephenson, Esq. ALBRIGHT, STODDARD, WARNICK & STEPHENSON & DICKINSON, P.C. ALBRIGHT 2820 West Charleston Blvd., Ste. 19 801 S. Rancho Road, Suite D-4 Las Vegas, NV 89102-1942 Las Vegas, NV 89106 Tel.: (702) 474-7229 Tel: (702) 384-71111 Fax: (702) 474-7237 Fax: (702) 384-0605 E-mail: mstephenson@sdlawoffice.net Email: dcn@albrightstoddard.com For Keith R. Gillette FRANCIS J. LANAK, ESQ. ARCHER NORRIS LANAK & HANNA, P.C. 2033 North Main St., Ste. 800 625 The City Drive South, Ste. 190 Walnut Creek, CA 94596-3759 Orange, California 92868 Tel: (925) 930-6600 Tel: (714) 620-2350 Fax: (925) 930-6620 Fax: (714) 703-1610 E-mail: kgillette@archermorris.com Email: flanak@lanak-hanna.com Third-Party Defendant Sierra Geothchnical Defendant/Third-Party Plaintiff/Cross-claimant Services, Inc. SureTec Insurance Company

Dated this 16th day of May, 2016, Dated this 11 day of July, 2016, Brett D. Ekins, Esq. Kurk R. Bonds, Esq. JONES WALDO HOLBROOK & Adam Knecht, Esq. McDONOUGH Alverson, Taylor, Mortensen & Sanders 301 N. 200 East Ste. 3-A 7401 West Charleston Boulevard St. George, UT 84770 Las Vegas, NV 89117-1401 Tel: (435) 628-1627 Tel: (702) 384-7000 Fax: (435) 628-5225 Fax: (702) 385-7000 Email: bekins@joneswaldo.com Email: kbonds@lversontaylor.com Third-Party Defendants Risun Technologies, LLC & Developer's Third-Party Defendant Teal Construction, Inc. Surety and Indemnity Company Dated this ___ day of May, 2016, Leonard T. Fink, Esq. David S. Schopick, Esq. Springel & Fink LLP 10655 Park Run Drive, Ste. 275 Las Vegas, NV 89144 Tel: (702) 804-0706 Fax: (702) 804-0798 Email: lfink@springelfink.com dschopick@springelfink.com Third-Party Defendant Tonopah Sand and Gravel, Inc.

IT IS SO ORDERED.