Dismissal of Appeal. The parties consent to the submission of this Agreement to the Board and request that, based upon a full and final settlement having been reached, the Board dismiss this appeal with prejudice. Both parties further agree to bear their own costs and attorneys’ fees associated with this appeal.
Dismissal of Appeal. Caroderm shall prepare and deliver a Stipulated Dismissal of Appeal ("Dismissal"), dismissing the Appeal with prejudice. Such Dismissal shall be filed with the Utah Court of Appeals on the Closing Date.
Dismissal of Appeal. Upon execution of this Settlement Agreement, the Settling Parties commit to file a Joint Stipulation of Voluntary Dismissal of Appeal and Motion to Lift the Court’s March 3, 2022, Order of Stay (“Motion”) to the Massachusetts Supreme Judicial Court (“Court”). Such Motion will effect the withdrawal of the AGO’s pending appeal in Docket Numbers SJ-2021-0305 (Single Justice); SJ-2022-M003 (Single Justice); and SJC- 13235 (Full Court), in exchange for the National Grid and MA Operating Company commitments made herein. Each party shall bear its own Attorneys’ fees and costs.
Dismissal of Appeal. HOMG and HMS hereby represent and warrant that the Appeal and Cross-Appeal have been dismissed with prejudice.
Dismissal of Appeal. The Log Foundation will voluntarily dismiss, with prejudice, SHB File No. 15-003c. The Log Foundation shall file its request for voluntary dismissal, with prejudice and without costs, by Friday, June 12, 2015. This settlement is contingent upon the entry by the Shorelines Hearings Board of a final order of dismissal, with prejudice and without costs. Another appeal to the MUP remains pending before the Shorelines Hearings Board. In the event the resolution of such appeal imposes new conditions on the MUP or remands the MUP to DPD, then this Agreement shall remain in effect. Notwithstanding the foregoing, this Agreement shall automatically terminate upon notice by Lake Union Investments to Appellants if Lake Union Investments has terminated the MUP and withdrawn the MUP application.
Dismissal of Appeal. Plaintiffs agree that they will not oppose Defendants filing of additional motions to extend the time to file the record and initial brief in the appeal of this case currently pending before the Fourth Circuit, Appeal Nos. 23-1929 and 23-1930. Plaintiffs agree that the motion to extend may cite to the parties’ settlement negotiations and which may request an extension date for some time after the Preliminary Approval Hearing. If the District Court grants preliminary approval of the Settlement, the Parties agree to stay the Appeal pending Final Approval of the Settlement subject to the approval of the Fourth Circuit Court of Appeals. If the Fourth Circuit Court of Appeals does not stay the Appeal pending the Final Approval of the Settlement, the Parties agree to work in good faith to effectuate the best solution to avoid having to pursue the Appeal simultaneously while seeking Final Approval of the Settlement. If the Court grants final approval of the Settlement, Defendants will dismiss the Appeal as moot.
Dismissal of Appeal. Th e dep ar tm e n t a l a ge n c y t o w h o m t h e a ppe a l ha s bee n m a de m ay dis m iss s u c h a ppe a l wi t h o u t i t s de t e r m i na t io n u po n r eq u es t of t h e p ar t y i n i t i a t i n g t h e a ppe a l o r fo r n o n co m pli an ce wi t h t h e r eg u l a t io n s i n t h is p ar t .
Dismissal of Appeal. Upon full execution of this Settlement Agreement, Securus shall file a motion dismissing without prejudice its pending appeal. Securus shall be responsible for all appellate costs and fees due or payable in connection with its appeal.
Dismissal of Appeal. (a) Within four (4) business days following the Effective Date, FOCC shall execute and file with the Appellate Court a “Notice of Settlement of Appeal” in the form of attached Exhibit B (the “Notice”) in each of the two appeals comprising the Writ Action.
(b) Within three (3) business days following FOCC’s filing of the Notice, FOCC shall execute and file a “Request for Dismissal of Appeal” in the form of attached Exhibit C (the “Dismissal”).
Dismissal of Appeal. Buyer shall have executed and delivered a stipulation, in form satisfactory to the Sellers, dismissing Buyer's currently pending appeal, Case No. CV 03-4554 (C.
