Contract analysis

1. Dismissal with Prejudice. The parties hereby stipulate that the above-captioned action, Case No. 23-CV-004871, including all claims and causes of action asserted in the Verified Complaint filed by Plaintiff on January 19, 2023, and all counterclaims, cross-claims, and affirmative defenses asserted or that could have been asserted by any party in this action, be dismissed in their entirety and with prejudice. This

2. Survival of the Stipulated Permanent Injunction. Notwithstanding the dismissal of this action, the Stipulated Permanent Injunction entered by this Court on October 4, 2023, shall survive the dismissal and shall remain in full force and effect in accordance with its terms. Nothing in this Stipulation or the proposed Order of Dismissal shall be construed to modify, limit, vacate, or otherwise affect the enforceabili

3. Retention of Jurisdiction. The Court shall retain jurisdiction over the parties and over this action solely for the following limited purposes: (a) enforcement of the Stipulated Permanent Injunction entered on October 4, 2023, as provided in Paragraph 2 above; and (b) enforcement of the Settlement Agreement dated September 22, 2023, to the extent that any party seeks to enforce the terms thereof through proceeding

4. Attorneys' Fees and Costs. Each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with this action, including but not limited to filing fees, service fees, discovery costs, deposition costs, expert witness fees, and all other litigation-related expenses, except as otherwise specifically provided in: (a) the Settlement Agreement dated September 22, 2023; and (b) the Court's prior

5. Authority to Execute. Each signatory to this Stipulation represents and warrants that he or she has been duly authorized to execute this Stipulation on behalf of the party or parties he or she represents, and that such execution is binding upon the party or parties represented. Counsel for each party represent that they have obtained all necessary authorizations and approvals from their respective clients to enter

6. Counterparts and Electronic Signatures. This Stipulation may be executed in counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. Facsimile and electronic signatures (including signatures transmitted by email in portable document format) shall be deemed original signatures for all purposes and shall have the same force and effect as

1. The above-captioned action, Case No. 23-CV-004871, Lumos Analytics Inc. v. NovaSpark Technologies Inc., et al., is hereby dismissed in its entirety and with prejudice as to all parties, including Plaintiff Lumos Analytics Inc. and Defendants NovaSpark Technologies Inc., Rajiv Anand, Serena Mallick, and Derek Yun. All claims, counterclaims, cross-claims, causes of action, and affirmative defenses asserted or that c

2. The Stipulated Permanent Injunction entered by this Court on October 4, 2023, shall survive and remain in full force and effect notwithstanding this Order of Dismissal. Nothing in this Order shall be construed to modify, limit, vacate, dissolve, or otherwise affect the terms or enforceability of the Stipulated Permanent Injunction. The parties shall remain bound by all obligations set forth in the Stipulated Perma

3. This Court retains jurisdiction over the parties and this action solely for the following limited purposes: (a) enforcement of the Stipulated Permanent Injunction entered on October 4, 2023, including the power to adjudicate motions for contempt, modification, or other relief arising from any alleged violation of, or dispute concerning, the Stipulated Permanent Injunction; and (b) enforcement of the parties' confi

4. Each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with this action, except as otherwise specifically provided in: (a) the parties' Settlement Agreement and Mutual Release dated September 22, 2023; and (b) this Court's prior orders in this action, including, without limitation, the Court's order dated March 15, 2023, regarding the allocation of costs of the forensic examinati

5. This Order shall be effective immediately upon entry by the Clerk of the Court. IT IS SO ORDERED. DATED: ______ ________________________________________ Hon. David Rutherford Judge of the Superior Court Superior Court of the State of California County of Santa Clara PROOF OF SERVICE A Proof of Service by electronic means, confirming service of the foregoing Stipulation and [Proposed] Order of Dismissal with Prejud