Common use of Dismissal of Claims Clause in Contracts

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. 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 Tevathe Settling Distributors and to jointly move for the claims against the Settling Distributors to be severed from the Actions. It is the Parties’ intent that all litigation activities in the Actions relating to the New York State’s and Nassau and Suffolk Counties’ claims against Teva the Settling Distributors shall immediately cease as of the date of the execution of this Agreement and that the claims against Teva shall no longer the Settling Distributors not be pursued further prosecuted in the remedies trialtrial that commenced with jury selection on June 8, 2021. Concurrently with the execution of this Agreement, Teva the Settling Distributors and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as in Exhibit D. M. The Parties will hold Nassau and Suffolk Counties’ Stipulation of Discontinuance with Prejudice in escrow until the formal approval of Counties’ Legislatures approve the Agreement by the Nassau and Suffolk County Legislatures (by passing or a resolution is passed satisfying the approval process of the Agreement or otherwise)Agreement. Once approval is given, Nassau and Suffolk Counties and/or Teva the Settling Distributors 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 Tevathe Settling Distributors, Teva each Settling Distributor shall be entitled to terminate the Agreement, Agreement as to itself and 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 Countiesthe Agreement. Concurrently with the execution of this Agreement, Teva the Settling Distributors and the New York State will execute a separate Stipulation of Discontinuance with PrejudicePrejudice covering New York State’s claims against the Settling Distributors, in the form annexed hereto as in Exhibit E. The M. New York State’s Stipulation of Discontinuance with Prejudice will be held in escrow until the Effective Date and shall be submitted to the Court after the Effective Date with a request that it be so ordered concurrently with the entry of the New York Consent Judgment implementing this Agreement.. In the event the Court declines to so order the discontinuance of the Actions with prejudice as against the Settling Distributors, each Settling Distributor shall be entitled to terminate the Agreement as to itself and shall be excused from all obligations under the Agreement.‌

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 TevaAllergan and to jointly move for the claims against Allergan to be severed from the Actions. 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 Allergan shall immediately cease as of the date of the execution of this Agreement and that the claims against Teva Allergan shall no longer be pursued in the remedies trialtrial of the Actions (including against the other defendants) that commenced with jury selection on June 8, 2021. Concurrently with the execution of this Agreement, Teva Allergan and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit D. F. 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 Allergan 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 TevaAllergan, Teva Allergan 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 Allergan and the State will execute a separate Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit E. G. The Parties will hold the State’s Stipulation of Discontinuance with Prejudice in escrow until the Effective Date and it 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. 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 TevaXxxxxxx and to jointly move for the claims against Xxxxxxx to be severed from the Actions. 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 Xxxxxxx shall immediately cease as of the date of the execution of this Agreement and that the claims against Teva shall no longer Xxxxxxx not be pursued included in the remedies trialtrial of the Actions against the other defendants that commenced with jury selection on June 8, 2021. Concurrently with the execution of this Agreement, Teva Xxxxxxx 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 Counties’ Legislatures approve the Agreement by the Nassau and Suffolk County Legislatures (by passing or a resolution is passed satisfying the approval process of the Agreement or otherwise)Agreement. Once approval is given, Nassau and Suffolk Counties and/or Teva Xxxxxxx 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 TevaXxxxxxx, Teva Xxxxxxx shall be entitled to terminate the Agreement, Agreement and 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 Xxxxxxx and the State will execute a separate Stipulation of Discontinuance with Prejudice, in Prejudice covering the form annexed hereto as Exhibit E. State’s claims against Xxxxxxx. The State’s Stipulation of Discontinuance with Prejudice will be held in escrow until the Effective Date and 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.