Contract analysis

1. Dismissal of All Claims. All of Plaintiff's claims against all Defendants — including without limitation each and every count asserted in the Complaint filed on March 1, 2023 (Counts I through IX), and any and all claims, causes of action, demands, or requests for relief that were or could have been asserted by Plaintiff against any or all Defendants in this action arising from, related to, or in connection with t

2. Dismissal of All Counterclaims and Affirmative Defenses. All counterclaims, crossclaims (if any), third-party claims (if any), and affirmative defenses asserted by any Defendant in this action, including without limitation the affirmative defenses set forth in each Defendant's Answer and Affirmative Defenses filed on April 15, 2023, are hereby DISMISSED WITH PREJUDICE. To the extent any Defendant reserved the righ

3. Withdrawal of Pending Motions. All motions, applications, petitions, and requests for relief currently pending before the Court in this action are hereby deemed withdrawn, as though they had never been filed. Without limiting the generality of the foregoing, the following motions are specifically withdrawn: (a) Plaintiff's Motion for Partial Summary Judgment Re: Windstorm Sub-Limit, filed November 1, 2023 (D.E. 87

4. Costs and Attorneys' Fees. Each Party shall bear its own costs, expenses, and attorneys' fees incurred in connection with this action, including but not limited to filing fees, service costs, deposition costs, expert witness fees, mediation fees, and all other litigation-related expenses, except as otherwise expressly provided in the Settlement Agreement and Mutual Release executed on December 19, 2023. No Party s

5. Jurisdiction Retained. Notwithstanding the dismissal of this action with prejudice, the Court shall retain jurisdiction over this matter solely and exclusively for the limited purpose of enforcing the terms of the Settlement Agreement and Mutual Release executed on December 19, 2023, in the event that any dispute arises between or among the Parties regarding the interpretation, performance, or enforcement of the S

6. No Admission of Liability. This Joint Stipulation of Dismissal with Prejudice, and the settlement underlying it, shall not constitute, and shall not be construed or interpreted as, an admission of liability, fault, coverage, non-coverage, wrongdoing, or the validity or invalidity of any claim, defense, or legal position by any Party. The Parties have entered into the Settlement Agreement and this Stipulation solel

7. Authority. Each undersigned attorney represents and warrants that he or she is duly authorized by the Party he or she represents to execute and file this Joint Stipulation of Dismissal with Prejudice on such Party's behalf, and that such Party has reviewed and approved this Stipulation prior to its execution. Each undersigned attorney further represents that each Party has consented to the dismissal of this action

8. Proposed Order. The Parties respectfully request that this Court enter the Proposed Order of Dismissal with Prejudice, which is being filed simultaneously herewith as a separate document. The proposed order provides for the dismissal of this entire action with prejudice, the withdrawal of all pending motions, and the retention of jurisdiction for enforcement of the Settlement Agreement, consistent with the terms o