FILED: NEW YORK COUNTY CLERK 03/06/ :34 AM INDEX NO /2016 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 03/06/2017

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1 -and- OF COUNSEL DB DAVA LLC, Hon. Eileen Bransten of the Rules of the New York State Court of Appeals. of record for Defendant DB DAVA LLC in the above-entitled action in place and stead of Paul The annexed Affirmation of James E. Brandt is submitted herewith in compliance with Section Counselfor Defendant DB DA VA LLC Tel: Tel: By: 885 Third Avenue 355 South Grand Avenue New York, New York v. Index No /2016 PROVISION NTERACTIVE TECHNOLOGIES, INC., SUPREME COURT OF THE STATE OF NEW YORK COUNTY Of NEW YORK Defendant, NOTICE OF SUBSTITUTION PLEASE TAKE NOTICE that Latham & Watkins LLP is hereby substituted as counsel Hastings LLP as of the date hereof. Accordingly, all documents related to the underlying action Joshua G. Hamilton (admittedpro hac vice) should be served on the undersigned counsel. Dated: New York, New York March 6,2017 James Los Angeles, California of 5

2 COUNTY OP NEW YORK PROVISION ]NTERACTWE TECHNOLOG]ES, INC., V. DB DAVA, LLC, Defendant, -and- Index No /2016 Hon. Eileen Bransten CONSENT TO CHANGE ATTORNEY if IS HEREBY CONSENTED THAT Latham & Watkins LLP be substituted as attorney of record for Defendant DB DAVA LLC in the above-entitled action in place and stead of Paul Hastings LLP as of the date hereof. Dated: New York, New York March 1, 2017 PAUL HASTINGS LLP DB DAVA LLC By: Broughel 200 Park Avenue New York, New York Tel: Retiring Counselfor Defendant DB DAVA, LLC Fames K. Noble III, its Secretary Sworn to before me this - cee. O±tftdLL izdayof t.aoxc,2017 Notary Public US-DOCS J 2 of 5

3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of San Francisco ) On March 1, 2017 before me, Maria Hazel P. Survine, Notary Public, personally appeared James K. Noble ifi.. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ça44aq- Maria fmlj Haze $urvme,. Notary Public (Seal) Commlulon#Z Notary PubHc -. CaIltotflIa Description of Attached DocumenL Title of Document: CONSENT TO CHANGE ATTORNEY COUNTY OF NEW YORK PROVISION INTERACTWE TECHNOLOGIES, INC., v. DB DAVA, LLC, Defendant, and Nominal Defendant Signer s Name: James. K. Noble III Capacity Claimed by Signer: Secretary of D3 Dava LLC Date Signed: March 1, of 5

4 1. I am a member of the law firm of Latham & Watkins LLP, counsel for Defendant 2. Joshua G. Hamilton is an attorney at law, currently a member of the law firm of DB DAVA LLC, Hon. Eileen Bransten COUNTY OF NEW YORK PROVISION INTERACTIVE TECHNOLOGIES, INC., pursuant to Rule 2106 of the New York Civil Practice Law & Rules ( CPLR ). Affirmation is respectfully submitted to fulfill the association of New York counsel requirement N.Y.C.R.R with respect to the pro hac admission of Joshua G. Hamilton (granted DB DAVA LLC. As such, I am fully familiar with the facts and proceedings of this case. This set forth in Section of the Rules of the New York State Court of Appeals and 22 -and- JAMES E. BRANDT Index No /2016 Defendant, AFFIRMATION OF James E. Brandt, an attorney duly admitted to practice law before the State of New York, herein affirms the truth of the following, upon information and belief under penalties of perjury, January 11,2016--DktNo. 16). Latham & Watkins LLP, located at 355 South Grand Avenue, Los Angeles, California A 4 of 5

5 copy of Mr. Hamilton s Certificate of Good Standing was previously submitted to the Court on December 8, 2016 (Dkt. No. 7). 3. I have reviewed the Affidavits of Joshua G. Hamilton in support of his motion to appear pro hac vice (Dk. Nos. 7, 13, and 14) and I believe them to be true and correct. Mr. Hamilton is fully familiar with the facts of this case 4. Mr. Hamilton is an experienced practitioner and will participate in the ongoing proceedings relating to the above-captioned action. Dated: New York, New York March 6, of 5

Counterclaim-Plaintiffs, Counterclaim-Defendants. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

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