STIPULATION AND ORDER DISMISSING CERTAIN CLAIMS AGAINST GETTY PROPERTIES CORP.: Counsel for the Plaintiffs County of Suffolk and Suffolk County Water Authority and Defendant Getty Properties Corp. hereby agree on behalf of the parties that: Getty Properties withdraws its "Motion for Exculpation and Partial Summary Judgment of Getty Properties Corp.," dated January 11, 2008 and all supporting papers. Plaintiffs voluntarily dismiss without prejudice all claims against Getty Properties arising from the contamination in the Kayron Drive No. 1A well and the Morris Avenue No. 2 well that might be attributed to the Getty service station located at 913 Portion Road, Ronkonkoma, New York, as set forth in this stipulation and order. Plaintiffs expressly reserve all remaining claims alleged in their complaints against Getty Properties, and Getty Properties expressly reserve all defenses asserted in its Master Answer relating thereto. Should plaintiffs subsequently discover any inaccuracies in Getty Properties and/or GPMI's representations with respect to the 913 Portion Road Station and/or information that conflicts with Getty Properties' and/or GPMI's representations with respect to the 913 Portion Road Station, then Defendant Getty Properties consent to allow plaintiffs to amend their complaint to reinstate the said claims against Getty Properties. Should of the any claims be reinstated for any reason, then Defendant Getty Properties agrees that the statue of limitations is tolled with respect to said claims, as set forth in this stipulation and order. (Signed by Judge Shira A. Scheindlin on 3/7/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(jpo)

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