STIPULATION AND ORDER EXTENDING TIME TO OPPOSE OR OTHERWISE RESPOND TO THE LIQUIDATING COMMITTEE'S OBJECTION TO CLAIM NO. 91-1 OF COSI CENTRAL WAYNE, INC.

JAMES F. SCHNEIDER, Bankruptcy Judge

COSI Central Wayne, Inc. ("COSI") and the Liquidating Committee designated by the Official Committee of Unsecured Creditors in the above-captioned case ("Liquidating Committee"), by their undersigned attorneys, represent and agree as follows:

WHEREAS, COSI and the Debtor, Central Wayne Energy Limited Partnership were parties to a Management, Operation & Maintenance Agreement dated January 28, 1998 (the Operating Agreement);

WHEREAS, the Operating Agreement is among the contracts the Debtor sought to reject ("Rejection Motion");

WHEREAS, by an Order dated December 8, 2004, this Court entered an order granting the Rejection Motion;

WHEREAS, on January 7, 2005, COSI filed Claim No. 91-1 in the amount of $11,264,456.69 based on the Debtor's rejection of the Operating Agreement;

WHEREAS, on October 20, 2010 the Liquidating Committee filed an objection to Claim Nos. 91-1 (Docket # 488) ("Objection");

WHEREAS, COSI's response to the Objection is due November 19, 2010;

WHEREAS, the parties are engaged in good faith settlement discussions which may result in a resolution of the Objection without further litigation.

STIPULATION

NOW, THEREFORE, it is stipulated and agreed by and between the parties and hereby Ordered that:

1. COSI's time to oppose or otherwise respond to the Objection is extended to December 3, 2010.

SO ORDERED