Contract analysis

Section 1: Appointment of Neutral Forensic Examiner 1.1. The Parties hereby stipulate to the appointment of Brindoval Digital Forensics LLC, located at 1901 Harrison Street, Suite 600, Oakland, California 94612, as the neutral forensic examiner in this action. 1.2. The forensic examination shall be conducted under the direction of Dr. Irene Chow, Managing Director and Lead Forensic Examiner, and Kevin Barr, Senior Fo

Section 2: Scope of Forensic Examination 2.1. Devices and Systems Subject to Examination The forensic examination shall encompass the following devices, systems, and accounts: (a) NovaSpark Corporate Systems. All NovaSpark Technologies Inc. servers, workstations, and networked storage systems located at or accessible from NovaSpark's principal place of business at 88 Bluxome Street, Floor 4, San Francisco, California

Section 3: Timeline for Forensic Examination 3.1. Commencement of Forensic Imaging. Brindoval shall commence forensic imaging within fourteen (14) calendar days of the entry of the order approving this Stipulation. Based on the anticipated date of entry of the order, forensic imaging is expected to commence on or about March 22, 2023. 3.2. Completion of Forensic Imaging. Forensic imaging of all devices, systems, and

Section 4: Cooperation of the Parties 4.1. Defendants' Obligations (a) Defendants shall make all devices, systems, and accounts identified in Section 2.1 available to Brindoval at mutually agreed-upon times and locations, and shall use their best efforts to accommodate Brindoval's scheduling preferences in order to facilitate timely completion of the forensic examination within the timeline set forth in Section 3. (b

Section 5: Confidentiality and Protective Order 5.1. All materials obtained, reviewed, analyzed, or generated by Brindoval in the course of the forensic examination, including without limitation all forensic images, reports, working papers, notes, file inventories, hash-value logs, keyword search results, and communications, shall be treated as "ATTORNEYS' EYES ONLY — HIGHLY CONFIDENTIAL" under the Stipulated Protect

Section 6: Allocation of Costs 6.1. The fees and costs of Brindoval Digital Forensics LLC for the forensic examination shall be allocated sixty percent (60%) to Defendants (NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun, jointly and severally) and forty percent (40%) to Plaintiff (Lumos Analytics Inc.). 6.2. Brindoval shall submit monthly invoices to counsel for both Parties, itemizing the se

Section 7: Reports and Communications 7.1. Brindoval shall provide all reports, written communications, correspondence, and deliverables simultaneously to counsel for both Parties at the following addresses: For Plaintiff Lumos Analytics Inc.: Calderwood & Harkness LLP Attention: Marcus Delgado 555 California Street, 40th Floor San Francisco, California 94104 Email: mdelgado@calderwoodharkness.com For Defendants Nova

Section 8: Reservation of Rights 8.1. Nothing in this Stipulation shall constitute, or be construed as, an admission by any Party regarding the merits of any claim, defense, or factual allegation in this action. The Parties' agreement to the appointment of Brindoval and the terms of this Stipulation is made solely for the purpose of facilitating the neutral forensic examination and compliance with the Preliminary Inj

Section 9: Additional Provisions 9.1. This Stipulation may be modified or amended only by written agreement of the Parties, executed by counsel for both Parties, or by order of the Court upon motion and notice to all Parties. 9.2. The Parties respectfully request that the Court enter the [Proposed] Order Appointing Neutral Forensic Examiner attached hereto as Exhibit A, which incorporates the terms of this Stipulatio

1. Brindoval Digital Forensics LLC, located at 1901 Harrison Street, Suite 600, Oakland, California 94612, through Dr. Irene Chow, Managing Director and Lead Forensic Examiner, and Kevin Barr, Senior Forensic Analyst, is hereby appointed as the neutral forensic examiner in this action. Brindoval shall serve as a neutral, independent examiner and shall not act as an advocate for any Party. Brindoval, and all of its em

2. The scope of the forensic examination, the obligations of the Parties, the timeline for forensic imaging and reporting, the confidentiality and protective order provisions, the cost allocation, the requirements for reports and communications, and all other terms and conditions governing the forensic examination shall be as set forth in the Stipulation filed herewith on March 8, 2023, the terms of which are incorpo

3. Defendants NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun shall cooperate fully with Brindoval Digital Forensics LLC and shall make all devices, systems, and accounts identified in Section 2.1 of the Stipulation available for forensic imaging in accordance with the timeline set forth in Section 3 of the Stipulation. Defendants shall provide all necessary passwords, credentials, encryption

4. The fees and costs of Brindoval Digital Forensics LLC for the forensic examination shall be allocated sixty percent (60%) to Defendants (NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun, jointly and severally) and forty percent (40%) to Plaintiff (Lumos Analytics Inc.), as set forth in Section 6 of the Stipulation. This allocation is without prejudice to either Party's right to seek realloca

5. All materials obtained, reviewed, analyzed, or generated by Brindoval Digital Forensics LLC in the course of the forensic examination shall be governed by the Stipulated Protective Order in this action, and shall be treated as "ATTORNEYS' EYES ONLY — HIGHLY CONFIDENTIAL" unless and until a different designation is agreed upon by the Parties or ordered by the Court. Brindoval shall not disclose any findings, data,

6. Brindoval Digital Forensics LLC shall submit its Preliminary Forensic Report simultaneously to counsel for both Parties — Calderwood & Harkness LLP (counsel for Plaintiff) and Whitfield, Raines & Gerber LLP (counsel for Defendants) — in accordance with the timeline and procedures set forth in the Stipulation. No ex parte communications between Brindoval and any Party or counsel regarding substantive matters shall

7. The Court retains jurisdiction to enforce, modify, or supplement this Order as necessary to ensure the fair and efficient conduct of the forensic examination and the administration of justice in this action. IT IS SO ORDERED. Dated: ________ ________________________________________ Hon. David Rutherford Judge of the Superior Court Superior Court of the State of California County of Santa Clara Case No.: 23-CV-0048