Contract analysis

1. Dismissal of Plaintiff's Claims. Plaintiff Verimark Hospitality Group Inc. hereby dismisses with prejudice all claims asserted against Defendants Coastal Palms Franchise Holdings LLC, Randall Brecker, individually, and Suncoast Room Management Inc. in the Complaint filed on March 7, 2022, including but not limited to the following: (a) Count I — Breach of Contract (Royalties); (b) Count II — Breach of Contract (Ma

2. Dismissal of Defendants' Counterclaim. Defendant Coastal Palms Franchise Holdings LLC hereby dismisses with prejudice all counterclaims asserted against Plaintiff Verimark Hospitality Group Inc. in the Answer, Affirmative Defenses, and Counterclaim filed on April 18, 2022.

3. With Prejudice. All dismissals set forth herein are with prejudice, meaning that the claims and counterclaims dismissed pursuant to this Joint Stipulation may not be refiled, reasserted, or otherwise pursued by any party in any court, tribunal, arbitral forum, or other forum of any kind.

4. Settlement Reference. The parties have entered into a confidential settlement agreement resolving all matters at issue in this action. The terms and conditions of such settlement agreement are confidential and are not disclosed herein. The Court need not retain jurisdiction to enforce the parties' settlement agreement, as the settlement agreement contains its own enforcement provisions, including provisions for ac

5. Costs and Fees. Each party shall bear its own attorneys' fees and costs incurred in connection with this action. No party shall be entitled to seek or recover attorneys' fees, costs, or expenses from any other party arising out of or related to this litigation.

6. Prior Orders. Nothing in this Joint Stipulation shall affect the finality or enforceability of any orders previously entered by this Court in this action, except to the extent superseded by the parties' settlement and by the Order of Dismissal entered pursuant to this Stipulation. The parties acknowledge that the Court's Order dated February 9, 2024, granting Plaintiff's Motion for Partial Summary Judgment on Coun

7. Authority. Each undersigned counsel represents that he or she has full authority from his or her respective client or clients to execute this Joint Stipulation of Dismissal with Prejudice on their behalf and to bind them to the terms set forth herein. WHEREFORE, the undersigned parties respectfully request that the Court enter an Order dismissing this action, including all claims and counterclaims, with prejudice,

1. All claims asserted by Plaintiff Verimark Hospitality Group Inc. against Defendants Coastal Palms Franchise Holdings LLC, Randall Brecker, individually, and Suncoast Room Management Inc. in the Complaint filed on March 7, 2022, including Counts I through X, are hereby DISMISSED WITH PREJUDICE.

2. All counterclaims asserted by Defendant Coastal Palms Franchise Holdings LLC against Plaintiff Verimark Hospitality Group Inc. in the Counterclaim filed on April 18, 2022, are hereby DISMISSED WITH PREJUDICE.

3. Each party shall bear its own attorneys' fees and costs.

4. This Court reserves no jurisdiction over this matter except as may be necessary to enforce this Order.

5. The Clerk of Court is directed to close this case and all pending motions are hereby DENIED AS MOOT. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this \\\\\\ day of April 2024. ________________________________________ HON. RICHARD M. CALLOWAY Circuit Judge, Seventeenth Judicial Circuit Copies furnished to: Priya Anand, Esq. Calderwood & Harkness LLP 110 SE 6th Street, Suite 2800 Fort L