Dismissal of Arbitration. Xxxx and Sypris agree to promptly and jointly notify the Arbitrator in the Arbitration, following the entry of the Approval Order and the New Agreement having become effective, by its terms, that the remaining claims in the Arbitration have been settled and released pursuant to this Agreement.
Dismissal of Arbitration. Simultaneously herewith, the Company and Star, and their respective counsel, if any, shall cause the Arbitration, to be dismissed with prejudice in its entirety as against the Company.
Dismissal of Arbitration. Contemporaneous with the execution of this Settlement Agreement, counsel for SILVON and JDA shall verbally report the terms of settlement to the Arbitrator Mark Crane, and thereafter SILVON shall file this Settlement Agreemxxx xxxx xhe AAA, including a copy to Arbitrator Crane. Thereafter, SILVON shall immediately dismiss the Arbitration with prejudice and JDA shall immediately thereafter dismiss its Counterclaim without prejudice, except that JDA acknowledges that the claims in the Arbitration against SILVON were based on a promissory note, which pursuant to this Settlement Agreement and the Amended and Restated Loan Agreement has been cancelled and restated and amended, with each party to be responsible for its own costs, attorneys' fees and expert fees, except as set forth herein. JDA acknowledges that its all of its costs, attorneys' fees and expert fees incurred through October 31, 2004 in connection with the prosecution, defense, and dismissal of the Arbitration have been included in the principal amount due under the Note.
Dismissal of Arbitration. Within three business days following the receipt of the First Installment, the parties will execute and ASB will cause to be filed a Stipulation of Dismissal With Prejudice of the Arbitration in the form attached hereto as Exhibit C.
Dismissal of Arbitration. LIGAND and SRI will stipulate to the dismissal of the Arbitration with respect to their Compound Evaluation Agreement bearing an effective date of May 17, 1990, with each Party to bear its own costs, including attorney fees, in connection with the Arbitration.
Dismissal of Arbitration. Within five business days after Effective Date of this Settlement Agreement, the parties shall file a Stipulation and Proposed Order with the American Arbitration Association, in the form attached hereto as Exhibit A, to effect a dismissal of the Arbitration with prejudice, including, without limitation, a dismissal of all claims and counterclaims asserted in the Arbitration. Each party shall bear its own costs and attorneys’ fees.
Dismissal of Arbitration. Within five (5) days of execution of this Agreement, Xxxxxxxx shall request that JAMS dismiss and close with prejudice its claims and/or counterclaims asserted in the Uber Arbitration. Within five (5) days of WSGR’s timely receipt of the Settlement Amount as set forth in Section 1, above, WSGR shall request that JAMS dismiss and close with prejudice its claims and/or counterclaims asserted in the Uber Arbitration.
Dismissal of Arbitration. 4.1 G&K agrees that it will dismiss the Arbitration with prejudice by no later than June 19, 2015, with each party to bear its own attorney’s fees and costs. Each party shall be responsible for one half of any fees and costs assessed by the American Arbitration Association in connection with the Arbitration – except that G&K shall be solely responsible for the filing fee to initiate the Arbitration.
Dismissal of Arbitration. Within ten (10) days of the total payment due under this Agreement by Xxxxxxxxxxx, Claimant shall dismiss FINRA Case No. 09-00486 in its entirety, with prejudice.
Dismissal of Arbitration. Within [***] after the First Payment Date, the Parties will instruct their respective counsel to prepare, execute, and submit a joint motion to dismiss with prejudice all claims and counterclaims and terminate the Arbitration, with each Party bearing its own fees and costs, including any cost the ICC already invoiced. The Parties will promptly proceed with any additional procedures needed to dismiss the Arbitration with prejudice, or any procedural equivalent available under the ICC Rules. The Parties will jointly request that the ICC allocate any additional arbitration costs equally between the Parties and reimburse all unused portions of the advances paid by each Party with respect to the Arbitration, in accordance with the ICC Rules. If the ICC declines to dismiss the Arbitration (or any claim therein) based on the joint motions to dismiss, the Parties and their counsel will cooperate to prepare, execute, and submit revised submissions, mutually acceptable to the Parties and the ICC, that most closely approximate a joint motion to dismiss with prejudice. For clarity, the Parties shall not be required to take any action under this Section 11 (Dismissal of Arbitration) if Novavax fails to pay Gavi the Initial Settlement Payment.
