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" and, together with COSI, the "Parties"), by their undersigned attorneys, represent and agree as follows:

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

WHEREAS, on May 4, 2004, COSI filed Claim No. 70-1 in the amount of $6,597,120 for pre-petition amounts COSI claimed were owed by the Debtor to COSI pursuant to the Operating Agreement;

WHEREAS, On October 20, 2010, the Liquidating Committee filed an Objection to Claim No. 70-1 (Docket No. 489) (the "Objection");

WHEREAS, upon stipulation of the parties, this Court entered an order on November 19, 2010 extending COSI's time to oppose or otherwise respond to the Objection from November 19, 2010 until December 3, 2010; and

WHEREAS, the Parties continue to engage 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 shall be extended until December 20, 2010.

SO ORDERED.