WindsorTECH, Inc.

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Court of Chancery of DelawareAug 2, 2004
Civil Action No. 441-N. (Del. Ch. Aug. 2, 2004)

Civil Action No. 441-N.

August 2, 2004.

J. Travis Laster Richards, Layton Finger Wilmington, DE.

Vernon R. Proctor The Bayard Firm Wilmington, DE.

Dear Counsel:

I have considered your respective positions on the question of attorneys' fees and expenses in the Settlement Action. WindsorTech is obligated contractually to reimburse Mr. Loppert for attorneys' fees and expenses resulting from WindsorTech's repudiation of the settlement agreement. Based on the supplemental affidavit, I find that a reasonable award of attorneys' fees and expenses is $30,000. This represents only fees and expenses resulting from the repudiation. No fees or expenses connected to the underlying § 220 action are included in this award.

This award is less than the amount supported by the affidavit submitted by Mr. Laster. An evidentiary hearing, as requested by WindsorTech, would only increase the attorneys' fees and expenses incurred on- both sides of this needless litigation. Rather than put the parties (who will have to pay these fees and expenses) through the exercise of pouring more good money after bad into this litigation, I deny the request for an evidentiary hearing.

Fees and expenses are awarded to Loppert and against WindsorTech in the amount of $30,000.