Night Waking Agreement

Sunday night Eden woke up every 45 min - 1 hour crying, and wouldn't go back to sleep unless we got up and found her pacifier (yeah, we're going to have to work on that one). Monday night I was up really late drafting an Option agreement, and that night I dreamed about drafting an agreement between Bryan and I about who would get up with her at night. Last night I was up late doing due diligence review of contracts and I dreamed it again. Obviously it won't let me go until I type it out, so for your enjoyment (yes, I realize this is incredibly sad, on so many levels... hopefully it's at least somewhat entertaining for my legally-minded friends):

NIGHT WAKING AGREEMENT

This Night Waking Agreement (this "Agreement"), signed this 2nd day of April, 2009 (the "Effective Date""), by and between Bryan ("Father") and Katie ("Mother):

WHEREAS, Father and Mother are parents of that certain infant born June 15, 2008 and named Eden Elizabeth ("Baby");

WHEREAS, Baby occasionally wakes between the hours of 10:00 pm EST and 7:00 am EST (each instance a "Waking") and needs either Father or Mother to either help her back to sleep or bring her to breakfast;

WHEREAS, Father and Mother desire to memorialize their agreement as to which one of them shall deal with Baby in the event of a Waking;

NOW, THEREFORE, the parties hereby agree as follows:

1. Term. This Agreement shall commence upon the Effective Date and shall continue thereafter until the earlier of (i) June 15, 2026; (ii) the date upon which Baby discontinues living with Father and Mother; or (iii) the date upon which Baby learns to self-soothe.

2. Alternation of Responsibility. Father and Mother shall each take a turn dealing with Baby in the event of a Waking. The party responsible for dealing with the Baby shall alternate with each Waking. Thus, for example, if Father deals with Baby at a 3:00 am Waking, then Mother shall deal with Baby at a 6:30 am Waking.

3. Feeding. In no event shall Father be required to feed baby upon a Waking, unless and until Baby is weaned.

4. Breakfast. Upon a Waking after 6:00 am EST, the responsible party shall get Baby up for breakfast.

5. Amendments. Temporary deviations from this Agreement shall only be allowed by mutual agreement of Father and Mother. The parties agree to negotiate in good faith when one or the other is ill or extremely tired.

6. Breach. The remedy for breach of this Agreement shall be (i) nagging rights; and (ii) for each such breach, the breaching party may be required to take an extra turn dealing with Baby in the event of the next Waking.

7. Assignment. This Agreement may not be assigned by either party.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.

[SIGNATURES]