STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE

HAYWOOD S. GILLIAM, Jr., District Judge.

WHEREAS, on March 22, 2016, Plaintiff Via Licensing Corporation ("Via") filed its Complaint for Breach of Contract; Specific Performance (Dkt. No. 1) (the "Complaint") against Defendants Compal Electronics, Inc. ("Compal") and Auscom Engineering Inc. ("Auscom");

WHEREAS, on August 1, 2016, Via voluntary dismissed without prejudice all claims against Auscom;

WHEREAS, on October 27, 2016, the parties signed a confidential settlement term sheet (the "Settlement Term Sheet") and agreed to work together to prepare a formal settlement agreement consistent with the terms set forth in the Settlement Term Sheet;

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Via and Compal, by and through their respective counsel, that:

1. Pursuant to Federal Rule of Civil Procedure 41(a)(2), subject only to Compal's compliance with its obligation to pay the settlement amount at the time and in the manner set forth in the Settlement Term Sheet, all claims in the above-captioned action are dismissed with prejudice. Each party shall bear its own attorney's fees and costs.

2. This Court shall retain jurisdiction in order to enforce the terms of the Settlement Term Sheet or, if superseded by a formal agreement, the terms of the formal agreement.

I, Laura Kabler Oswell, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order of Dismissal with Prejudice. In compliance with General Order No. 45, X.B., I hereby attest that Robert J. Benson has concurred in this filing.

PURSUANT TO STIPULATION, IT IS SO ORDERED.