Contract analysis

1. Discontinuance of All Claims With Prejudice. The Parties hereby stipulate and agree that this action, including without limitation all claims, causes of action, and demands asserted or that could have been asserted in the Verified Complaint filed on or about October 2, 2023, and all counterclaims, causes of action, and demands asserted or that could have been asserted in the Verified Answer and Counterclaim filed

2. Withdrawal of All Pending Motions. All motions pending in this action as of the date of this Stipulation and Order, including but not limited to Defendants' Motion for Partial Summary Judgment, which was filed on or about September 20, 2024, together with all supporting papers, memoranda of law, and affidavits submitted in connection therewith, are hereby withdrawn with prejudice to the extent not previously decid

3. Release of All Claims. This discontinuance is entered into on the basis of, and in consideration of, the full, final, and mutual release by and between the Parties of all claims, counterclaims, cross-claims, third-party claims, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments

4. No Admission of Liability. This Stipulation and Order of discontinuance shall not constitute, and shall not be construed or deemed to constitute, an admission of liability, wrongdoing, fault, or responsibility by any Party with respect to any of the claims, counterclaims, defenses, or factual or legal issues raised or that could have been raised in this action. Neither this Stipulation and Order nor the Settlement

5. Retention of Jurisdiction. The Parties acknowledge that the Court has entered a separate Stipulation and Order Retaining Jurisdiction to Enforce Settlement dated November 26, 2024, pursuant to which the Court has retained jurisdiction over this matter for the limited purpose of enforcing the terms and conditions of the Settlement Agreement (the "Retention Order"). The Parties further acknowledge and agree that the

6. Filing. This Stipulation and Order may be filed with the Clerk of the Court of the Supreme Court of the State of New York, County of New York, without further notice to any Party. Counsel for Plaintiff shall be responsible for filing this Stipulation and Order with the Clerk promptly upon its execution and entry by the Court.

7. Counterparts. This Stipulation and Order may be executed in one or more counterparts, and by the different signatories hereto in separate counterparts, each of which when so executed shall be deemed to be an original, and all of which together shall constitute one and the same instrument. Delivery of an executed counterpart by facsimile transmission or by electronic transmission in portable document format (.pdf)

8. Authority. Each signatory to this Stipulation and Order represents and warrants that he or she is duly authorized to execute this Stipulation and Order on behalf of the respective Party or firm for which he or she signs, and that such execution is binding upon such Party or firm. IN WITNESS WHEREOF, the undersigned counsel have executed this Stipulation and Order of discontinuance as of the dates set forth below.