Contract analysis

1. Dismissal of Plaintiff's Claims. All claims asserted by Plaintiff Cardinal Peak Industries against Defendant Nexford Industrial Holdings Inc. in the Complaint filed on August 8, 2022, including but not limited to Count I (Breach of Contract), Count II (Unjust Enrichment), and Count III (Account Stated), are hereby dismissed WITH PREJUDICE. Such dismissal shall operate as a final adjudication on the merits of each

2. Dismissal of Defendant's Counterclaim. All counterclaims asserted by Defendant/Counter-Plaintiff Nexford Industrial Holdings Inc. against Plaintiff/Counter-Defendant Cardinal Peak Industries in the Counterclaim filed on October 3, 2022, including the claim for breach of contract and the claim for declaratory judgment, are hereby dismissed WITH PREJUDICE. Such dismissal shall operate as a final adjudication on the

3. Attorneys' Fees and Costs. Each Party shall bear its own attorneys' fees, costs, disbursements, and expenses incurred in connection with this action, including but not limited to filing fees, service costs, discovery expenses, mediation fees, and all other litigation-related costs. No Party shall seek to recover any such fees, costs, or expenses from any other Party, whether by motion, petition, separate action, o

4. No Admission of Liability. This Stipulation of Dismissal shall not constitute, nor shall it be construed as, an admission of liability, wrongdoing, fault, or the validity or invalidity of any claim, counterclaim, defense, or legal or factual position asserted by either Party in this action. The Parties enter into this Stipulation solely for the purpose of compromising disputed claims and avoiding the burden, expen

5. Court Jurisdiction Retained. The Court shall retain jurisdiction over the Parties and the subject matter of this action solely for the limited purpose of enforcing the terms and conditions of the Parties' Settlement Agreement and Mutual Release dated August 18, 2023, to the extent permitted by applicable law. Such retained jurisdiction shall include the authority to entertain motions to enforce, interpret, or comp

6. Prior Orders. All prior orders entered in this action, including but not limited to the Order Granting the Joint Motion to Stay Litigation Pending Mediation entered on June 5, 2023, and any scheduling orders, case management orders, or other pretrial orders, are hereby vacated as moot upon entry of the Order of Dismissal contemplated by this Stipulation.

7. Binding Effect. This Stipulation is binding upon the Parties and their respective successors, assigns, officers, directors, agents, employees, representatives, parent companies, subsidiaries, and affiliates. The undersigned counsel represent and warrant that they are duly authorized by their respective clients to execute this Stipulation on their behalf and to consent to the entry of the Order of Dismissal request