Dismissal of Claims with Prejudice Sample Clauses

Dismissal of Claims with Prejudice. Within three business days after MPS has opened the letter of credit or funded an escrow account to which TSE has consented, as provided for in paragraph 2 above, the Parties will replace the stipulation of paragraph 3 with a new stipulation dismissing with prejudice all of their claims in the Indemnity Action and providing that the Court in the Indemnity Action shall retain jurisdiction to enforce the terms of this Agreement. The stipulation and order to be entered by the Court are attached hereto as Exhibit B. If the stipulation in paragraph 3 cannot be replaced for any reason, then the Parties agree that the stipulation filed under Section 3 shall have the force and effect of a dismissal with prejudice as if the Parties had filed the stipulation under this paragraph 4. Upon opening a letter of credit or funding an escrow account pursuant to this paragraph 4, paragraphs 5, 6 and 7 shall be deemed effective and paragraph 3 shall no longer be deemed effective.
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Dismissal of Claims with Prejudice. The Parties hereby direct their respective counsel to, within three (3) business days following ATS Medical’s payment of the total settlement amount in Paragraph 1, execute and cause to be filed a Stipulation and Order of Dismissal with Prejudice of the Litigation, attached hereto as Exhibit A.
Sample 1
Dismissal of Claims with Prejudice. COME NOW, Claimant and Respondent herein, by and through their respective counsel, and pursuant to their Settlement and Agreement and Release dated , 2007, hereby dismiss WITH PREJUDICE all claims and counterclaims which they have asserted or could have asserted against one another in this proceeding. This day of May, 2007. Respectfully submitted, XXXX XXXX XXXXX & XXXXX LLP By: Xxxxxx X. Xxxxx Attorneys for Claimant Xxxxx Xxxxxxx Xxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 By: Xxxx X. Xxxxxxxxxx, Esq. Counsel for Respondent Xxxxxx, Xxxxx & Bockius LLP 0000 Xxxxxx Xxxxxx Xxxxxxxxxxxx, XX 00000 Tel: (000) 000-0000
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Dismissal of Claims with Prejudice. On behalf of herself and Class Members, Plaintiff stipulates and agrees to dismiss the Xxxxxxx Action with prejudice and the Parties will include the dismissal of the Xxxxxxx Action with prejudice in the Final Order described in Section VI. of this Agreement.
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Dismissal of Claims with Prejudice. The Parties agree that upon the entry of the Final Approval Order, the Action shall be dismissed with prejudice in accordance with the Final Approval Order and judgment shall be entered.
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Dismissal of Claims with Prejudice 
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Related to Dismissal of Claims with Prejudice

  • Defense of Claims Subject to the provisions of applicable policies of directors’ and officers’ liability insurance, if any, the Company shall be entitled to participate in the defense of any Indemnifiable Claim or to assume or lead the defense thereof with counsel reasonably satisfactory to the Indemnitee; provided that if Indemnitee determines, after consultation with counsel selected by Indemnitee, that (a) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict, (b) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company and Indemnitee and Indemnitee shall conclude that there may be one or more legal defenses available to him or her that are different from or in addition to those available to the Company, (c) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim for all indemnitees in Indemnitee’s circumstances) at the Company’s expense. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Indemnifiable Claim effected without the Company’s prior written consent. The Company shall not, without the prior written consent of the Indemnitee, effect any settlement of any threatened or pending Indemnifiable Claim which the Indemnitee is or could have been a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of the Indemnitee from all liability on any claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor Indemnitee shall unreasonably withhold its consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee.

  • Denial of Claim A claim for benefits under this Agreement will be denied if the Bank determines that the Claimant is not entitled to receive benefits under the Agreement. Notice of a denial shall be furnished the Claimant within a reasonable period of time after receipt of the claim for benefits by the Plan Administrator. This time period shall not exceed more than ninety (90) days after the receipt of the properly submitted claim. In the event that the claim for benefits pertains to disability, the Plan Administrator shall provide written notice within forty-five (45) days. However, if the Plan Administrator determines, in its discretion, that an extension of time for processing the claim is required, such extension shall not exceed an additional ninety (90) days. In the case of a claim for disability benefits, the forty-five (45) day review period may be extended for up to thirty (30) days if necessary due to circumstances beyond the Plan Administrator’s control, and for an additional thirty (30) days, if necessary. Any extension notice shall indicate the special circumstances requiring an extension of time and the date by which the Plan Administrator expects to render the determination on review.

  • Waiver of Claims In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.

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