Dismissal. Within five (5) days of the Parties executing this Agreement, the Parties authorize and instruct their respective attorneys to file a Stipulation of Dismissal with Prejudice in the Ada Lawsuit, the Nez Perce Lawsuit, and the Latah Lawsuit, with each Party to bear its own costs and attorneys’ fees in each such lawsuit, except as provided in paragraph 5 below. The Parties acknowledge and agree that due to the derivative nature of some of the claims, the Parties may be required to obtain Court approval to dismiss the Lawsuits. The Parties agree in good faith to cooperate with one another in the submission of necessary documentation to support the dismissal of the various Lawsuits. The “Effective Date” of this Agreement shall be the date that the final Lawsuit is dismissed with prejudice. In the event all applicable Courts do not approve the settlement of all claims set forth in the Lawsuits, then this Agreement shall be null and void.

Dismissal. Within three (3) court days after the Payment of the consideration to Enzo under this Section 3 has cleared, the Parties shall cause their respective counsel to execute and file the stipulated motion in the form set forth in Exhibit A dismissing with prejudice all of Enzo’s Claims against ​ in the Litigation. The Parties shall promptly proceed with any and all additional procedures needed to dismiss the Litigation as set forth above, with each Party to bear its own costs and attorneys’ fees. The Parties also agree to submit to the court appropriate stipulations and proposed orders for extensions of time for all due dates in the Litigation so that

In connection with the execution of this Agreement, and no later than five (5) business days following the receipt by RealBiz of the consideration referenced in Section 2(a) and following the instructions given to AST in 2(b) above, RealBiz, through its counsel, shall file a Joint Stipulation of Dismissal with Prejudice and submit an agreed order granting and approving same in Federal Lawsuit One to effectuate a dismissal of all claims between the parties with prejudice, with each party bearing their own costs and expenses, including, but not limited to, attorneys’ fees, except RealBiz shall pay for AST’s legal fees in connection with Federal Lawsuit One, Federal Lawsuit Two and Broward Lawsuit vis-a-vis their indemnity obligations.

Within two (2) business days after this Settlement is fully executed and exchanged by the Parties, the Parties shall:

Dismissal of the Complaint. Within three business days after the $400,000 payment due hereunder is received, SDS shall cause the Complaint to be dismissed with prejudice. Attached hereto as [Exhibit A] is a form of Stipulation Of Dismissal With Prejudice (the "Dismissal") relating to dismissal of the Complaint with prejudice. Within two business after the Execution Date, SDS will execute and file the Dismissal with the Court in which the Complaint was filed. The Dismissal will provide that it will become effective on a designated date that is five business days after the Execution Date unless SDS makes a filing (the "Objection") with the Court stating that Chembio has not made the $400,000 payment required under Section 1 of this Agreement, in which case the Dismissal will be null and void ab initio.

For purposes of this Award, a termination of employment includes a termination that is deemed an “unfair dismissal” or a “constructive dismissal.”

Contemporaneously with the execution of this Agreement, counsel for EZ CLONE and Blackburn on the one hand and Defendant on the other hand shall dismiss with prejudice the Complaint and related Counterclaim; the parties understanding that this Agreement is to be in full settlement of the matters raised in the EZ CLONE Litigation other than any specific claims Plaintiff Mickelson may hold against Defendant or which Defendant may hold against Mickelson. Should the Parties hereto be required to pursue a designation of good faith settlement as related to this dismissal or should such a determination be necessary to achieve the benefits as defined by this Agreement, the Parties agree to cooperate in the filing of and best efforts to obtain a good faith settlement designation.

Dismissal of Utah Lawsuit and the Missouri Lawsuit with Prejudice: Within three (3) calendar days after the Payment has been made, the Parties agree to dismiss the Utah Lawsuit and the Missouri Lawsuit with prejudice with each Party to bear its own attorneys’ fees and costs. To this end, the Parties agree to direct their respective counsel to execute a Stipulation of Dismissal with Prejudice and to approve the form of a proposed Order of Dismissal with Prejudice in the Utah Lawsuit and the Missouri Lawsuit. The form of Stipulation of Dismissal and proposed Order of Dismissal for the Utah Lawsuit and the Missouri Lawsuit are attached hereto as [Exhibit 1] and are expressly incorporated into this Settlement Agreement by this reference.

shall constitute grounds for immediate dismissal.

Execute and file with the Superior Court of the State of California, County of Los Angeles, a Request for Dismissal in the form attached hereto as Exhibit F, providing for the dismissal of all claims, counterclaims and/or cross-claims asserted by any Party against any other Party in the California Litigation without prejudice and at the Parties own respective costs; and # Execute and file with the Delaware Court of Chancery, a Stipulation of Dismissal in the form attached hereto as Exhibit G, seeking dismissal of the Delaware Actions with prejudice and at the Parties’ own respective costs.