Dismissal of Class Action Lawsuit Sample Clauses

Dismissal of Class Action Lawsuit. The Association hereby acknowledges that the negotiations have been substantially completed with respect to a settlement (the “Xxxxxx Settlement”) of that certain class action filed by the Wilshire Marina City Venture, a California limited Partnership (“Venture”) vs. Marina City Club Condominium Owners Association, et al., (LASC Class Action: BC 072328). It is expressly understood and agreed that, if a final settlement agreement is executed by said parties, then: (i) Debtor agrees to pay the sum of $10,000.00 towards reimbursement of Venture’s legal fees and costs; and (ii) in the event that the Association cannot obtain the requisite 75% approval of the proposed amendment to the CC&Rs (as required pursuant to the Xxxxxx Settlement: and the applicable court subsequently also disapproves the amendment to the CC&Rs pursuant to Section 1356 of the California Civil Code (as described in the Xxxxxx Settlement), then the parties hereby agree that the Association shall treat $25,000.00 of the attorney’s fees paid by Debtor shall agree pay the sum of $10,000.00 towards reimbursement of Venture’s legal fees and costs. Within ten (10) business days from the later of (a) the Effective Date and (b) the date that a final settlement agreement is executed by said parties, Debtor shall deposit into agreement is executed by said parties, Debtor shall deposit into the Trust Account of the law offices of Xxxxxxxxxxx, White, Miller, Xxxx & Xxxxxx (“Xxxxxxxxxxx”) the sum of $10,000.00, which sum Xxxxxxxxxxx is hereby irrevocably instructed and Condominium Owners Association June 30, 1994 authorized to pay Venture pursuant to this paragraph and the settlement documents to be executed hereinafter between the Association and Venture. This Letter Agreement is contingent upon the execution of a final settlement agreement between Venture and the Association. Concurrently with the execution of this Letter Agreement, Debtor shall execute the Declaration in the form of Exhibit “D”, attached hereto and incorporated herein by this reference. IN the event that the Xxxxxx Settlement is executed by the parties and approved by the application courts, Debtor agrees further to vote all of its units in favor of the proposed amendments to the CC&R’s described in the Xxxxxx Settlement and to support any efforts that may be taken by the Association to obtain court approval for such amendments under California Civil Code S 1356.
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Related to Dismissal of Class Action Lawsuit

  • Dismissal of the Proceedings (1) Upon the Effective Date, the Ontario Action shall be dismissed with prejudice and without costs as against the Settling Defendants.

  • Filing of Claims You must file all Claims within ninety (90) days from the date services were rendered, unless it is not reasonably possible to do so. In no event may any Claim be filed later than fifteen (15) months from the date services were rendered. Claims Administrator and Participating Providers have entered into agreements that eliminate the need for a Member to personally file a Claim for Benefits. Participating Providers will file Claims for Members either by mail or electronically. In certain situations, the Provider may request the Member to file the Claim. If Your Provider does request You to file directly with the Company, the following information will help You in correctly completing the Claim form. We will, upon receipt of a notice of claim, furnish to You such forms as are usually furnished by Us for filing proofs of loss. If such forms are not furnished within fifteen (15) days after the giving of such notice, You will be deemed to have complied with the requirements of this Contract as to proof of loss upon submitting, within the time fixed in this Contract for filing proofs of loss, any affirmative written proof covering the occurrence, the character and the extent of the loss for which the claim is made. If You have any questions about any of the information in this section, You may call Your insurance agent or Our Customer Service Department at the number shown in Your ID Card. Your Blue Cross and Blue Shield of Louisiana ID Card shows the way Your name appears on the Company records. (If You have Dependent coverage, the name(s) are recorded as You wrote them on Your application card.) The ID Card also lists Your Contract number (ID #). This number is the identification to Your Membership records and should be provided to Us each time a Claim is filed. To assist in promptly handling Your Claims, please be sure that:‌‌ an appropriate Claim form is used the Contract number (ID #) shown on the form is identical to the number on the ID Card the patient's date of birth is listed the patient's relationship to the Subscriber is correctly stated all charges are itemized in a statement from the Provider the itemized statement from the Provider contains the Provider’s name, address and tax ID number and is attached to the Claim form the date of service (Admission to a Hospital or other Provider) or date of treatment is correct the Provider includes a diagnosis code and a procedure code for each service/treatment rendered the claim is completed and signed by the Member. If You need to submit documentation to Us, please sent it to: United Concordia Dental ATTN: Claims Department P.O. Box 69441 Harrisburg, PA 17106-9441

  • Dismissal of Other Actions (1) Upon the Effective Date, each member of the Ontario Settlement Class and BC Settlement Class shall be deemed to irrevocably consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees.

  • PREVIOUS COURT ACTIONS The Couple has: (check one) ☐ - ALREADY had custody and visitation rights administered by a court in the County of , State of . Case Number . ☐ - NOT had custody and visitation rights administered by a court.

  • APPEAL ACTIONS Appeal of TMA actions under this agreement, to the extent they are allowable, will be pursuant to 32 CFR 199.10.

  • THE COURT’S FINAL APPROVAL HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.

  • Small Claims Court Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

  • COURT ACTION If a judgment of dissolution of marriage is obtained by either Xxxxxx, the original of this Agreement shall be attached to the judgment. The court shall be requested to do the following:

  • Final Order If the Interim Order is obtained and the Arrangement Resolution is approved at the Company Meeting in accordance with the terms of the Interim Order, the Company shall take all steps necessary to submit the Arrangement to the Court and diligently pursue an application for the Final Order pursuant to section 182 of the OBCA, as soon as reasonably practicable, but in any event not later than three Business Days, after the Arrangement Resolution is passed at the Company Meeting as provided for in the Interim Order.

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

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