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RECEIVED FOR FILING
OAKLAND COUNTY CLERK

'04 DEC 21 P1:06

BY: [s/ CEF]
   -----------------
 DEPUTY COUNTY CLERK


STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

THE SCO GROUP, INC.,
  Plaintiff,

vs.

DAIMLERCHRYSLER CORPORATION,
  Defendant.

Civil Action No. 04-056587-CKB

Honorable Rae Lee Chabot

Joel H. Serlin (P20224)
Barry M. Rosenbaum (P26487)
SEYBURN, KAHN, GINN, BESS AND SERLIN, P.C.
Attorneys for Plaintiff
2000 Town Center, Suite 1500
Southfield, MI 48075
(248) 353-7620


James P. Feeney (P13335)
Thomas S. Bishoff (P53753)
Stephen L. Tupper (P53918)
DYKEMA GOSSETT PLLC
Attorneys for Defendant
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304-2820
(248)203-0700


STIPULATED ORDER OF DISMISSAL WITHOUT PREJUDICE

At a session of said Court, held in the Oakland County Courthouse in
the City of Pontiac, County of Oakland, State of Michigan, on

DEC 21 2004
-----------

PRESENT: Hon. Rae Lee Chabot, Circuit Court Judge

Upon the stipulation of the parties hereto, through their respective
counsel, and the Court being fully advised in the premises;

IT IS HEREBY ORDERED that Plaintiff The SCO Group, Inc.'s claim for
breach of contract for Defendant DaimlerChrysler Corporation's alleged
failure to respond to the request for certification in a timely manner
is DISMISSED without prejudice.

Page 1 of 2



IT IS FURTHER ORDERED that, in the event Plaintiff The SCO Group,
Inc. refiles its claim for breach of contract for Defendant
DaimlerChrysler Corporation's alleged failure to respond to the
request for certification in a timely manner, Plaintiff shall pay
Defendant's costs and reasonable attorneys' fees incurred in the
instant action in defending against that claim only, from and after
the entry of this Court's August 9, 2004 Order Granting in Part and
Denying in Part Defendant DaimlerChrysler Corporation's Motion for
Summary Disposition, as a condition precedent to pursuing any such
refiled action.  The amount of Defendant's costs and reasonable
attorneys' fees shall be determined by the Court in the refiled action
as soon as practicable after refiling, and Plaintiff shall pay such
costs and reasonable attorneys' fees, as are determined by the Court,
within 15 days following the Court's decision, as a condition to
pursuing the refiled action.  Defendant shall not be required to
answer or otherwise respond to the complaint in the refiled action
until Plaintiff pays the costs and reasonable attorneys' fees
described above.

THIS ORDER DISPOSES OF THE LAST PENDING CLAIM AND CLOSES THIS CASE.

[s/ R L Chabot]
---------------
Hon. Rae Lee Chabot
Circuit Court Judge


SO STIPULATED:

[s/ Barry M. Rosenbaum] 12-20-04
--------------------------------
Barry M. Rosenbaum (P26487)
Counsel for Plaintiff The SCO Group, Inc.

[s/ TSB] 12/17/04
---------------------------------
Thomas S. Bishoff (P53753)
Counsel for Defendant DaimlerChrysler Corporation



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