29. Apogee denies the allegations contained in paragraph 29 of the Complaint, except admits that as part of recent negotiations with Take-Two (during January through April 2009), Apogee requested that Take-Two provide funding for Apogee's development of the Xbox 360 version of the DNF game in the amount of $6,000,000, which would cover the costs to complete both the Xbox 360 and PC versions of the DNF game, and states further that Take-Two agreed to this amount, and then backtracked and lowered it to $5,000,000, and then at the last minute (on April 22nd) offered to fund only 50% of the this amount. Apogee denies Take-Two's allegations that it was unsure of the development progress for the DNF game because Take-Two made several trips to Apogee for that very purpose during 2007 and 2008. For example, Take-Two's representatives visited Apogee on no less than 4 occasions during 2008 to review the development progress on the DNF game. Apogee also traveled to Take-Two's offices in January and April 2009 to demonstrate the development status of the DNF game on both the PC and Xbox 360, at which point Take-Two stated it was impressed with the gameplay and pleased with the development progress on the game.
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32. Apogee admits that it has continually worked on the development of the DNF for many years, and continues to do so. Apogee denies the allegations contained in paragraph 32 of the Complaint.
33. Apogee admits that, on May 6, 2009, it laid off most of the DNF game development team, but retained the original game creators George Broussard and Scott Miller, among others. Take-Two was fully aware this was going to happen weeks before this date if a funding agreement was not reached between Apogee and Take-Two. Apogee denies the remaining allegations contained in paragraph 33 of the Complaint.