Defendants further Clause Samples

Defendants further waive any rights to seek costs as to any matters dismissed without prejudice pursuant to this agreement if Plaintiffs do not re-file those claims. In addition, Defendants waive the right to seek costs with respect to any claims dismissed with prejudice pursuant to this Agreement. It is further agreed and understood that upon the reinstitution of the action, F.R.Civ.P § 41(d) shall not serve as a basis for Plaintiffs to be liable to Defendants for any costs.