Stipulation Extension Agreement

STIPULATION EXTENSION AGREEMENT

This Stipulation Extension Agreement (the "Agreement") is entered into as of by and between the parties in the matter pending in , Case No. (the "Action"). Plaintiff: , through counsel , and Defendant: , through counsel , (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, on or about , the Court entered a scheduling order setting certain deadlines in the Action (the "Scheduling Order");

WHEREAS, the Parties have conferred and agree that limited additional time is necessary to address outstanding matters, to complete fact and expert discovery, or to pursue settlement discussions without prejudice to any Party’s substantive claims or defenses; and

WHEREAS, the Parties wish to memorialize the agreed extension of specified deadlines pursuant to the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the Parties agree as follows:

1. EXTENSION OF DEADLINES

1.1 The Parties stipulate to extend the following deadlines in the Scheduling Order as set forth below. Unless otherwise specified, each new date replaces the corresponding existing date.

2. FILING WITH THE COURT

2.1 The Parties agree that they shall:

File this Stipulation and Proposed Order with the Court for the Court’s consideration and entry. If the Court declines to enter the proposed order, the Parties reserve all rights and this Stipulation shall be treated as without prejudice to any Party’s position unless the Court orders otherwise.

3. NO ADMISSION; RESERVATION OF RIGHTS

3.1 This Agreement is entered into for the purpose of extending procedural deadlines only and shall not constitute an admission of liability, fault, or wrongdoing by any Party. All Parties expressly reserve all rights, claims and defenses, including objections to relevance, privilege and admissibility of evidence.

4. EFFECT ON OTHER PROVISIONS

4.1 Except as expressly modified by this Agreement, all other deadlines, terms and provisions of the Scheduling Order and any prior stipulations remain in full force and effect. Any obligations not extended remain binding.

5. REPRESENTATIONS AND AUTHORITY

5.1 Each signatory represents and warrants that he or she is fully authorized to execute this Agreement on behalf of the respective Party and that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized by all necessary action.

6. NOTICES

6.1 Notices required or permitted under this Agreement shall be in writing and delivered to the addresses provided above or to such other address as a Party may specify by written notice in accordance with this Section. Notice shall be effective upon personal delivery, confirmed facsimile transmission, confirmed electronic delivery or three (3) days after deposit in the United States mail, postage prepaid, certified or registered mail, return receipt requested.

7. AMENDMENT; WAIVER

7.1 Any amendment or modification to this Agreement must be made in a written instrument signed by all Parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver is asserted. The failure of any Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right subsequently to enforce and compel strict compliance with every provision of this Agreement.

8. GOVERNING LAW

8.1 This Agreement shall be governed by and construed in accordance with the laws of the state in which the Action is pending, without regard to its conflicts of law principles.

9. ENTIRE AGREEMENT

9.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties.

10. SEVERABILITY

10.1 If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

11. COUNTERPARTS

11.1 This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall have the same force and effect as original signatures.

EXECUTION

The Parties have caused this Agreement to be executed by their duly authorized counsel or representatives as of the date(s) set forth below.

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