Dismissal and Release Sample Clauses

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 confirmation of a 100% Plan by the Deadline Date or any extension elected by TBOB, provided that this Agreement has been approved by the Bankruptcy Court, and provided further that payment of its allowed claim has been made: a. TBOB shall cause the Arbitration Proceeding to be dismissed with prejudice; b. TBOB shall release and forever discharge (i) the TRUSTEE and each of his agents, heirs, successors in interest, assigns and attorneys, (ii) CHC, 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 and subsidiaries (including but not limited to CURAFLEX), 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 which TBOB ever had, now has, and may in the future have, and occurring from the beginning of time to the date of this Agreement. Nothing in such release shall affect the duties and obligations set forth in this Agreement. c. The TRUSTEE, CHC and CORAM shall release and forever discharge TBOB and each of its respective past and present officers, directors, shareholders, employees, agents, predecessors, successors in interest, assigns, attorneys, parent companies, companies in common ownership, subsidiaries, and affiliates and each of them, 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, which they ever had or now has, and may in the future have, and occurring from the beginning of time to the date of this Agreement. Nothing in such release shall affect the duties and obligations set forth in this Agreement.

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. 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. 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 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.

Dismissal and Release. 1. Upon Final Approval and payment of funds due hereunder (or, in the case of a Wyndham Brand Hotel, the later of Final Approval and the date it becomes a Participating Hotel), the Office of the Attorney General, shall release and forever discharge the Wyndham International Inc., Wyndham Florida Hotels, Wyndham Brand Hotels, the Wyndham Participating Hotels, Patriot American Hospitality Inc., LXR, Xxxxxxx XxXxxxxx, Xxxxxxx Xxxxxxx, Xxxxxxxx Xxxx, Xxxxxx Xxxxxx, the owners and operators of Participating Hotels, and all of their present and former parents, subsidiaries, divisions, affiliates, joint venturers, officers, directors, employees, members, representatives, insurers, agents, attorneys and distributors (and the predecessors, heirs, executors, administrators, successors, and assigns of each of the foregoing) (the "Released Parties"), from any and all manner of civil claims, demands, actions, suits and causes of action, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties and attorneys' fees ("Claims"), known or unknown, suspected or unsuspected, accrued or unaccrued, whether legal, equitable or statutory as to any claims that were or could have been brought in this Action relating to any Automatic Hotel Charges imposed by the Released Parties (hereinafter, collectively, the "Released Claims"). 2. The Attorney General hereby covenants and agrees that it shall not, hereafter, sue or seek to establish civil liability against any Released Party based, in whole or in part, upon any of the Released Claims. 3. Within 30 days after the Execution Date, the Attorney General shall dismiss, with prejudice as to the Released Parties, all claims in the Action.

Dismissal and Release. 1. This Settlement Agreement is made on the day of , 2023, by and between Xxxxx Xxxxx, Bleeding Heartland, LLC, Xxxxx Xxxxxxxx, Iowa Capital Dispatch, Xxxxx Xxxxx, and Iowa Freedom of Information Council (collectively, “Plaintiffs” or, individually, “Named Plaintiff”), on the one part, and Governor Xxx Xxxxxxxx, Xxxxxxx Xxxx, Xxx Xxxxxxx, Xxxx Xxxxxx, and Office of the Governor of the State of Iowa (collectively, “Defendants”), on the other part. 2. In consideration of Defendants’ entry into this Settlement Agreement and pursuant to its terms, Plaintiffs agree to: a. Entry of an Order incorporating this Settlement Agreement, and b. Dismissal of all their claims for declaratory and injunctive relief, and their alternative requests for order of mandamus, with prejudice. 3. In consideration of Plaintiffs’ entry into this Settlement Agreement and pursuant to its terms, Defendants agree to: a. Refrain from any future violations of Iowa Code chapter 22 for a period of one year with respect to any lawful request submitted under chapter 22 by a Named Plaintiff, consistent with Iowa Code section 22.10(3)(a) and Section II, below. b. Pay $135,136.00 in combined attorney fees and costs to Plaintiffs’ counsel. Payment shall be mailed to: American Civil Liberties Union of Iowa Foundation 000 0xx Xxxxxx, Xxxxx 000 Des Moines, Iowa 50309-2317 4. In the event this Settlement Agreement is not accepted and adopted by the Court in whole, the Settlement Agreement will be considered void and Plaintiffs will have the right to proceed in this lawsuit against Defendants for all available relief. 5. The Parties agree that approval by the State Appeal Board is a condition precedent to this Settlement Agreement. It is agreed that the Attorney General’s Office will recommend to the State Appeal Board that it approve this Settlement Agreement. The Parties agree that this Settlement Agreement will become a public record under Iowa Code chapter 22 upon approval of this Settlement Agreement by the State Appeal Board. 6. This Settlement Agreement is not and shall not in any way be construed as an admission of any of the Parties that any of the Parties violated any federal, state, or local laws, rules, or policies. The Parties have entered into this Settlement Agreement for the sole purpose of avoiding the burden, expense, delay, and uncertainties of proceeding through the litigation process.