Pursuant to the legally binding interim injunction issued in the proceedings 5 Cg 124/25v of the Regional Court of Salzburg, the defendant, C o n f i s e r i e J o s e f H o l z e r m a y r, represented by Attorney Hon.-Prof. Dr. C l e m e n s T h i e l e, hereby undertakes to the plaintiff, C a f e – K o n d i t o r e i F ü r s t G m b H, represented by V a v r o v s k y H e i n e M a r t h R e c h t s a n w ä l t e G m b H, to publish the following

COURT SETTLEMENT

1. The defendant undertakes, effective immediately and under penalty of execution, to cease and desist in commercial transactions from stating, for the purpose of promoting the confectionery it distributes, that the confectionery it distributes is a Mozartkugel “according to the real recipe from 1880” and/or from making statements of identical content, as long as it does not possess an real recipe for the production of Mozartkugeln from the year 1880 and the confectionery it distributes is not produced in accordance with this real recipe. 2.a. The defendant undertakes to publish on the homepage of the website https://shop.holzermayr.at/ or, should the aforementioned website be changed, on the website used instead of the website https://shop.holzermayr.at/, (visible without scrolling) the obligation to cease and desist and publish according to point 1. and point 2. of this settlement with a bold border. 2.b. The defendant undertakes to fulfill the cease-and-desist and publication obligation pursuant to point 1. and point 2. of this settlement within 14 days of this settlement becoming legally effective, at its own expense, for a continuous period of 4 weeks on its Facebook profile page located at the URL https://www.facebook.com/p/Josef-Holzermayr-Confiserie-seit-1865-100065270761613/, or, should the URL of this profile page be changed, at the URL replacing the aforementioned URL, in the “Photos” section in a separate photo album titled “Court Settlement based on Interim Injunction” and a photo album description consisting of the cease-and-desist and publication obligation pursuant to point 1. and point 2. of this settlement. 2.c. The defendant undertakes to fulfill the cease-and-desist and publication obligation pursuant to point 1. and point 2. of this settlement within 14 days of this settlement becoming legally effective, at its own expense, for a continuous period of 4 weeks on its Instagram profile pages located at the URLs https://www.instagram.com/josef_holzermayr/# and https://www.instagram.com/rudolf_baumann_1880?igsh=MW13NzM4YXpnbWZpaw==, or, should the URL of these profile pages be changed, at the URL replacing the aforementioned URL, a scan of the cease-and-desist and publication obligation pursuant to point 1. and point 2. of this settlement as a post with the caption consisting of the cease-and-desist and publication obligation pursuant to point 1. and point 2. of this settlement as well as the heading “Pursuant to the legally binding interim injunction issued in the proceedings 5 Cg 124/25v of the Regional Court of Salzburg, the defendant, C o n f i s e r i e J o s e f H o l z e r m a y r, represented by Attorney Hon.-Prof. Dr. C l e m e n s T h i e l e, hereby undertakes to the plaintiff, C a f e – K o n d i t o r e i F ü r s t G m b H, represented by V a v r o v s k y H e i n e M a r t h R e c h t s a n w ä l t e G m b H, to publish the following COURT SETTLEMENT“. 2.d. The plaintiff is authorized to publish the cease-and-desist and publication obligation pursuant to point 1. and point 2. of this settlement at the expense of the defendant within six months of this settlement becoming legally effective, with a bold border and the heading “Pursuant to the legally binding interim injunction issued in the proceedings 5 Cg 124/25v of the Regional Court of Salzburg, the defendant, C o n f i s e r i e J o s e f H o l z e r m a y r, represented by Attorney Hon.-Prof. Dr. C l e m e n s T h i e l e, hereby undertakes to the plaintiff, C a f e – K o n d i t o r e i F ü r s t G m b H, represented by V a v r o v s k y H e i n e M a r t h R e c h t s a n w ä l t e G m b H, to publish the following COURT SETTLEMENT” in the editorial section of the nationwide Austrian daily newspaper “Salzburger Nachrichten” in a Saturday edition as a quarter-page advertisement.