GLOBAL SETTLEMENT AND ABSOLUTE RELEASE AGREEMENT – PAGE 11

No portion of a Yearly Option shall be transferred or assigned to any of the Ball Entities in their capacity as a member or shareholder of IIM, and the proportionate ownership interest of the remaining members or shareholders of IIM shall be calculated without reference to any member interests or shares of IIM held by any of the Ball Entities.

Plaintiffs, the Ball Entities and the Defendants are sometimes referred to herein collectively as the “Parties” or singularly as a “Party,” as the context so provides.

is the sole owner of the mineral Leases subject to the Assignment Agreement, and asserted counterclaims alleging Plaintiffs engaged in tortious interference with prospective economic advantage and tortiously interfered with contract; and (3) the Ball Entities alleged in the Ada County Lawsuit and the Nez Perce Lawsuit, for themselves and derivatively for IIM, that the Plaintiffs breached their fiduciary duties to the Ball Entities and IIM, that the Plaintiffs engaged in tortious interference with contract, and that IIM should be dissolved; and

Affiliated Entities. As used in this Agreement, “Affiliates” includes the Company and each corporation, partnership, or other entity which controls the Company, is controlled by the Company, or is under common control with the Company (in each case “control” meaning the direct or indirect ownership of 50% or more of all outstanding equity interests).

No Loan Party is a Covered Entity.

Joint Preparation of Agreement. This Agreement shall not be construed against the Party preparing it, but shall be construed as if it were prepared jointly by Plaintiffs, the Ball Entities, and the Defendants, and any uncertainty or ambiguity, or both, shall not be interpreted against any Party, person or entity.

Sr. VP & CHRO, Ball Corporation

GLOBAL SETTLEMENT AND ABSOLUTE RELEASE AGREEMENT – PAGE 10

Authority/Capacity/Entities. Each person signing this Agreement represents and warrants that he or she has complete authority and legal capacity to enter into this Agreement.