Mark and Valerie Kruse - Page 5




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          parties agreed: (1) To stay the proceedings on the motion for               
          litigation costs for the shorter of (a) 12 months, or (b) such              
          time as either petitioners or another participant in the SEBA               
          Plan or any of the SEBA Plan's controlled affiliates or                     
          subsidiaries, whom both parties agree to be similarly situated to           
          petitioners, files a petition and ultimately resolves on the                
          merits in this Court the substantive issues of the case; (2) in             
          the event the 12-month period elapses before such a case is                 
          resolved in this Court, the parties shall confer with the Court             
          to determine whether this matter will be set for hearing,                   
          settled, or stayed for an additional period of time; (3) the                
          parties will cooperate in resolving the issue of whether and to             
          what extent petitioners have paid or incurred reasonable                    
          litigation costs under section 7430; (4) the parties will                   
          cooperate in resolving any disputed fact to permit the execution            
          of a written stipulation of all facts relevant to the issue of              
          whether and to what extent petitioners have paid or incurred                
          reasonable litigation costs under section 7430; and (5) to a                
          timetable in which respondent will file a motion for summary                
          judgment on the issue of whether petitioners have paid or                   
          incurred reasonable litigation costs under section 7430, if he              
          elects to do so.                                                            









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