Dismissal of Actions. As soon as practicable following the Effective Date, each of the Pepco Settling Parties and the Mirant Settling Parties shall cause all pending appeals, adversary actions or other contested matters between or among the parties hereto relating to any claim, demand, action or cause of action released pursuant to Section 3(a) or Section 4(a), including without limitation those listed on Schedule 2(c), to be dismissed with prejudice. The form of each of the dismissals shall be acceptable to the Pepco Settling Parties and the Mirant Settling Parties.
Dismissal of Actions. The Parties acknowledge that the Litigation, including all claims and counterclaims therein, was dismissed with prejudice by Order of the Court on March 27, 2012, with each Party to bear its own costs, litigation expenses and attorneys’ fees.
Dismissal of Actions. In the event any action, claim or proceeding is initiated, filed, commenced or prosecuted, directly or indirectly, by or on behalf of any of I-Link or the Covenanting Parties against any of the Beneficiaries in any federal, state, local or foreign court, arbitral forum or administrative agency, within two (2) days of the receipt of a written notice sent to the offices of I-Link, the Covenanting Parties or the designated agent set forth in Section 8 hereof shall execute and consent to the submission and/or filing of all documents, affidavits, stipulations or other pleading or papers as may be necessary to effectuate a total and complete dismissal, with prejudice, or equivalent final and irrevocable resolution, of any such action, claim or proceeding. The Covenanting Parties shall bear all of the Beneficiaries' costs and attorney's fees associated with the dismissal with prejudice or other final resolution of any action, claim or proceeding subject to this Covenant Not to Xxx.
Dismissal of Actions. Each Party shall dismiss with prejudice and withdraw each and all of its claims in all of the Actions and shall file all necessary documents to effect such dismissals and withdrawals, with each Party to bear its own costs, as follows:
17.1.1 Within five (5) business days after the Effective Date, Artes shall deliver to BioForm the fully executed papers necessary to dismiss with prejudice and withdraw S.D. Cal. Case No. 04-CV-1563 B (JFS).
17.1.2 Within five (5) business days after the Effective Date, Artes and Lemperle shall deliver to BioForm the fully executed papers necessary to dismiss with prejudice and withdraw Regional Court (Landgericht) D-60256 Frankfurt Am Main Case No. 2 06 O 515/04.
17.1.3 Within five (5) business days after the Effective Date, Lemperle shall deliver to BioForm the fully executed papers necessary to dismiss with prejudice and withdraw Regional Court (Landgericht) D-60256 Frankfurt Am Main Case No. 2-06 O 505/04.
17.1.4 BioForm’s counsel shall hold the papers delivered pursuant to Sections 17.1.1, 17.1.2, and 17.1.3 and file them with the appropriate court only after confirming that the transferor bank has made the wire transfers of the Technology Access Fee and the Past Royalty pursuant to Sections 4 and 5.
17.1.5 Within ten (10) business days after the Effective Date, BioForm shall file the papers necessary to dismiss with prejudice and withdraw:
17.1.5.1 San Diego Superior Case No. GIC-808958;
17.1.5.2 San Diego Superior Case No. GIC-812596;
17.1.5.3 Regional Court (Landgericht) D-60256 Frankfurt Am Main Case No 2-06 O 549/04;
17.1.5.4 Its counterclaims in S.D. Cal. Case No. 04-CV-1563 B (JFS);
17.1.5.5 Its counterclaims in Xxxxxxxx Xxxxx (Xxxxxxxxxxx) X-00000 Frankfurt Am Main Case No. 2-06 O 515/04; and,
17.1.5.6 Xxxx Xx 0 Xx 00/00 (XX), Xxxxxxx Patent Court, Munich.
Dismissal of Actions. Upon entry of the Settlement Order and consummation of this Agreement, the parties will stipulate to the immediate dismissal with prejudice of the District Court Appeal and the Third Circuit Appeal each of the parties to bear its own costs.
Dismissal of Actions. The parties agree to execute and file with the Court a Stipulation and Order to Dismiss Jefferson County Circuit Court Case No. 22-CV-0125, with prejudice, and without costs to either party.
Dismissal of Actions. (a) Sxxx XXX Litigation. On or prior to the Execution Date, Sxxx and Sxxxx & Wxxxxxx shall cause its counsel to execute and file with the United States District Court for the District of Delaware stipulations of dismissal, satisfactory in form and substance to counsel for the defendants in the Sxxx XXX Litigation (i.e., NEG, NEG-CFC, Covert and Harquahala) and to counsel for the Administrative Agent, in its capacity as intervenor in such action, effectuating the dismissal, with prejudice, of the Sxxx XXX Litigation.
Dismissal of Actions. Each Party shall dismiss with prejudice and withdraw each and all of its claims in all of the Actions and shall file all necessary documents to effect such dismissals and withdrawals, with each Party to bear its own costs and its share of any arbitration fees that may be owed in respect of the Actions.
Dismissal of Actions. Within 30 days of payment and receipt of all payments identified in Paragraph 3 of the Master Agreement, the Plaintiffs, including the undersigned Plaintiff, agree to dismiss the actions identified in paragraph 1 above, with prejudice. Plaintiff covenants that Plaintiff will not file subsequent litigation pertaining to the current, past or future employee pension contribution rate under the Nebraska State Patrol Retirement System, except as otherwise provided herein or to enforce the terms of the Master Agreement.
Dismissal of Actions. Subject to the court’s retention of jurisdiction pursuant to paragraph 4 of this Agreement, INTEGRITY will dismiss the Action with prejudice, subject to the terms of this Agreement, upon receipt of the Shares from the Transfer Agent.
