Dismissal of Claims. The Parties agree that upon the Effective Date, the Action shall be dismissed with prejudice in accordance with the Final Approval Order.
Dismissal of Claims. Each Participating Tribe, either directly or through its counsel, shall provide a dismissal with prejudice of all Released Claims by that Tribe against Released Entities. Dismissal of a Litigating Tribe’s complaint against Released Entities shall be filed only upon the occurrence of the Effective Date. The Parties will coordinate a streamlined dismissal process with the MDL Court that will allow for a bulk filing of the agreed dismissal.
Dismissal of Claims. The Parties agree that upon the Effective Date, the Litigation shall be dismissed with prejudice in accordance with the Order of Final Approval, substantially in the form attached hereto as Exhibit 4.
Dismissal of Claims. A. Upon the execution of this Agreement, while awaiting formal approval of the Agreement by the Nassau and Suffolk County Legislatures, the Parties agree to stay or extend all deadlines and proceedings in the Actions as to Teva. It is the Parties’ intent that all litigation activities in the Actions relating to the State’s and Nassau and Suffolk Counties’ claims against Teva shall immediately cease as of the date of the execution of this Agreement and that the claims against Teva shall no longer be pursued in the remedies trial. Concurrently with the execution of this Agreement, Teva and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit D. The Parties will hold Nassau and Suffolk Counties’ Stipulation of Discontinuance with Prejudice in escrow until the formal approval of the Agreement by the Nassau and Suffolk County Legislatures (by passing a resolution satisfying the approval process of the Agreement or otherwise). Once approval is given, Nassau and Suffolk Counties and/or Teva shall promptly submit the executed Stipulation of Discontinuance with Prejudice to the Court with a request that it be so ordered. In the event the Nassau and Suffolk Counties’ Legislatures fail to approve the Agreement or the Court declines to so order the discontinuance of the Actions with prejudice as against Teva, Teva shall be entitled to terminate the Agreement, shall be excused from all obligations under it, and shall be entitled to a refund of all payments made pursuant to Section III.A.1.b-e of this Agreement from Nassau and Suffolk Counties and Counsel for Nassau and Suffolk Counties. Concurrently with the execution of this Agreement, Teva and the State will execute a separate Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit E. The State’s Stipulation of Discontinuance with Prejudice shall be submitted to the Court after the Effective Date with a request that it be so ordered concurrently with the entry of the Consent Judgment implementing this Agreement.
Dismissal of Claims. Provided that the conditions in Sections II.B and II.C have been satisfied, the State of Washington shall file the Consent Judgment described in Section I.N of the Global Settlement and attached hereto as Exhibit G (“Washington Consent Judgment”) with the King County Superior Court (“Washington Consent Judgment Court”) on or before November 1, 2022. This Section II.C.2 supersedes the deadline for submitting a Consent Judgment set forth in Section VIII.B of the Global Settlement. In the event that the Court declines to enter the Washington Consent Judgment, each Settling Distributor shall be entitled to terminate the Agreement as to itself and shall be excused from all obligations under the Agreement, and if a Settling Distributor terminates the Agreement as to itself, all releases and other commitments or obligations contained herein with respect to that Settling Distributor will be null and void. The date of the entry of the Washington Consent Judgment shall be the effective date of this Agreement (“Washington Effective Date”). Within the later of forty-five (45) days after the Washington Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and PEBB data) has been destroyed by the party and its agents, including all retained experts.
Dismissal of Claims. The Parties agree that upon the Effective Date of this Agreement, all Released Claims shall be dismissed with prejudice in accordance with the Final Approval Order entered by the MDL Court.
Dismissal of Claims. As of the Effective Date, pursuant to Fed. R. Civ. P. 54(b), 10 all of the Claims against Defendants are dismissed with prejudice. The Parties shall bear their 11 own costs and expenses, except as otherwise expressly provided in the Agreement.
Dismissal of Claims. Within thirty (30) days of the execution of this Agreement, the Parties shall execute a Joint Motion to Dismiss with Prejudice in the form attached as Exhibit A hereto, whereby the Parties shall dismiss with prejudice all claims asserted by OPTi against AMD in the Action and all counterclaims and affirmative defenses asserted by AMD against OPTi in the Action. Counsel for OPTi shall cause such Joint Motion to Dismiss with Prejudice to be filed in the Court within thirty (30) days after the Agreement is executed.
Dismissal of Claims. The Parties shall file pleadings necessary to effect dismissal with prejudice of all claims in the Litigation against one another within five business days of the Payment.
Dismissal of Claims. Within thirty (30) days after the Settling Parties have executed this Agreement, Plaintiff agrees to direct its attorneys of record to file a dismissal with prejudice of its claims and demands asserted against the Defendant in the Litigation. The filing shall consist of (1) a Joint Motion and (2) a Proposed Order with the Federal Court in the form of Exhibits A and B attached to this Agreement. The Joint Motion shall include a copy of this Agreement as an attachment.
