Dismissal and Release. 6.1(1) UCAN, on behalf of itself and all consumers and ratepayers it represents, releases Respondents and their directors, officers, employees, agents, attorneys, shareholders, affiliates, successors, and assigns from all claims and liabilities arising out of the specific Complaint issues. Nothing in this Section, however, shall preclude an action to enforce this Agreement.
6.1(2) UCAN will not pursue claims against Respondents related to the Complaint issues.
6.1(3) All parties support this Agreement as being fair and reasonable in light of the record, consistent with the law, and in the public interest, and all parties agree not to take any action which would undermine this Agreement and the manner in which it has been negotiated.
Dismissal and Release. A. Upon execution by the parties of this Settlement Agreement, the parties shall submit to the Court an agreed-upon request for Final Judgment that incorporates the terms of this Settlement Agreement and requests dismissal with prejudice of the claims brought in this action.
B. The Attorney General hereby covenants and agrees that it shall not, thereafter, sue or seek to establish civil liability against STORESONLINE based, in whole or in part, upon any of the claims brought in State of Florida, Office of the Attorney General v. Imergent, Inc., and StoresOnline, Inc., Case No. 2008 CA 199, with the exception of action to implement or enforce this Settlement Agreement.
Dismissal and Release. Upon the satisfaction of all of the conditions precedent set forth in paragraph 3 above:
a. The R-NET COMMITTEE shall cause the Adversary Proceeding to be dismissed with prejudice;
x. XXXXXXXXX, R-NET and the R-NET COMMITTEE shall release and forever discharge (i) the TRUSTEE and each of his agents, heirs, successors in interest, assigns and attorneys, and (ii) CORAM and each of their respective past and present officers, directors, shareholders, employees, agents, predecessors, successors in interest, assigns, attorneys, parent companies, companies in common ownership, subsidiaries, lenders (and principals of lenders), and affiliates and each of them (including but not limited to Xxxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxx, Xxxxxx X. Xxxxx, Xxxxx Xxxxx, Xxxxx (Xxxxx) Bernocchi, L. Xxxxx Xxxxx, Xxxxxxx X. Xxxxx, Xxxxx Xxxxxx, Xxxx Xxxxxx, Xxxx Xxxxxxxxx Xxxxxxxx, Xxxxx X. Xxxxxxx, Xxxxx Xxxxxx, Xxxxx Xxxxxx), Cerberus Partners, L.P., Xxxxxxx Sachs Credit Partners, L.P., Foothill Capital Corporation and Foothill Income Trust, L.P., from any and all claims, debts, liabilities, demands, obligations, promises, acts, agreements, accountings, costs and expenses (including, but not limited to, attorneys' fees and costs), damages, liens, judgments, actions and causes of action of every kind and nature whatsoever, at law or in equity, known or unknown, suspected or unsuspected, , including but not limited to the Adversary Proceeding, which XXXXXXXXX, R-NET and/or the R-NET COMMITTEE ever had, now has, and may in the future have, relating to or arising out of the R-NET Claims and occurring from the beginning of time to the date of this Settlement Agreement.
c. The TRUSTEE and CORAM shall release and forever discharge (i) XXXXXXXXX and each of his agents, heirs, successors in interest, assigns and attorneys, (ii) the
Dismissal and Release. In exchange for the consideration set forth in this Settlement Agreement, Plaintiffs and all Settlement Class Members agree to dismiss with prejudice all claims in the Action brought against Defendant and to release and waive all claims as set forth herein.
Dismissal and Release. In exchange for the consideration set forth in this Stipulation of Settlement, Plaintiffs and all Settlement Class Members agree to dismiss with prejudice all claims in the Actions brought against Defendants and to release all claims as set forth herein.
Dismissal and Release. As soon as reasonably possible after receipt of the Lump Sum Payment pursuant to Paragraph 4 of this Agreement, counsel for Crossroads will cause to be filed with the U.S. District Court of the Western District of Texas, Austin Division a consent judgment that includes (i) a request for dismissal with prejudice all claims and counterclaims in the Patent Litigation lawsuit and (ii) an acknowledgement by ADIC that the Accused Products infringe the `972 Patent and that the `972 Patent is valid and enforceable. Crossroads does hereby release ADIC, including its customers, dealers, distributors (to the extent such customers, dealers and distributors use, sell or import ADIC products), from all past and future claims for infringement, including contributory infringement and inducement of infringement, of the '972 Patent.
Dismissal and Release. A. Effective upon execution of this Agreement by all Parties, all pending deadlines and hearing dates shall be vacated, and this action shall be administratively closed for statistical purposes.
B. Effective upon the dismissal of this action pursuant to this Section, and during the period in which Defendants remain in compliance with this Agreement, Plaintiffs release Defendants from any and all claims and causes of action asserted in the Complaint, or that could have been asserted in the Complaint, arising at any time up to the effective date of such dismissal. Nothing herein shall limit Plaintiffs’ rights or remedies under Section XI (“Enforcement”) above.
C. In the event that the Court determines there has been any material breach of this Agreement by Defendants, any and all such claims and causes of action shall be restored and the release under Section XII.B shall no longer apply.
D. Upon the later of (a) the conclusion of the Term of this Agreement or (b) entry of a final, non-appealable order in any enforcement proceeding under Section XI(“Enforcement”) above, this action shall be dismissed with prejudice.
Dismissal and Release. 20. Dismissal: In connection with the motion for final approval of the settlement, the Parties, through counsel, shall submit to the Court a proposed order granting final approval of the settlement and dismissal of the Lawsuit as it relates to claims against the Fifth Third/
Dismissal and Release. 25. Dismissal: In connection with the motion for final approval of the settlement, the Parties, through counsel, shall submit to the Court a proposed order granting final approval of the settlement and dismissal of the Lawsuits with prejudice. The Parties shall jointly agree on the contents of the proposed order. If the Parties are unable to jointly agree on the contents of a proposed order, then each Party may submit to the Court their own version of a proposed order. Nothing in the Paragraph prevents the Court from submitting a final approval order different than what was submitted to the Court by the Parties.
Dismissal and Release. 20. Dismissal: In connection with the motion for final approval of the settlement, the Parties, through counsel, shall submit to the Court a proposed order granting final approval of the settlement and dismissal of the Lawsuit as it relates to claims against the Xxxxx Fargo Defendants with prejudice. The Parties shall jointly agree on the contents of the proposed order, which shall, among other things, provide that the Court will retain jurisdiction with respect to the implementation and enforcement of the terms of this Agreement (the “Proposed Final Approval Order”). All Parties hereto submit to the jurisdiction of the Court for purposes of implementing and enforcing the settlement embodied in this Agreement.
