Dismissal of Litigations Sample Clauses

Dismissal of Litigations. MICROSOFT, Barnes&Noble and xxxxxxxxxxxxxx.xxx llc agree that (1) within four (4) business days of the Effective Date, MICROSOFT will file a notice of voluntary dismissal without prejudice under Rule 41(a) (1) (A) (i) as to MICROSOFT’s claims against Inventec Corporation in the U.S. District Court for the Western District of Washington, No. 2:11-cv-00485 RAJ; (2) within four (4) business days of the Effective Date, MICROSOFT, Barnes&Noble and xxxxxxxxxxxxxx.xxx llc will file a joint motion to stay and to refrain from issuing final initial determination of investigation No. 337-TA-769 in the U.S. International Trade Commission (the “769 ITC Investigation”) that represents that MICROSOFT, Barnes&Noble and xxxxxxxxxxxxxx.xxx llc have entered into a settlement agreement that resolves the dispute before the ITC in the 769 ITC Investigation in its entirety and require additional time to prepare a motion to terminate as to all respondents; (3) within five (5) business days of the Effective Date, MICROSOFT, Barnes&Noble and xxxxxxxxxxxxxx.xxx llc will file a joint motion to terminate the 769 ITC Investigation after working in good faith to prepare appropriately redacted versions of all agreements relating to the subject matter of the 769 ITC Investigation that are required to be filed with the motion to terminate; and (4) within five (5) business days after the ITC issues a notice of final determination of termination, MICROSOFT, Barnes&Noble and xxxxxxxxxxxxxx.xxx llc will file a motion to lift the stay of the action in the U.S. District Court for the Western District of Washington, No. 2:11-cv-00485 RAJ, and a joint motion to dismiss MICROSOFT’s claims against Barnes&Noble and xxxxxxxxxxxxxx.xxx llc in that action, with prejudice, and also to dismiss Barnes&Noble and xxxxxxxxxxxxxx.xxx llc’s defenses and counterclaims in that action, with prejudice (termination of such ITC claims and dismissal of such District Court claims, “Dismissal”). 3.6.1 The Parties agree that they and their Affiliates shall bear their own costs and attorneys’ fees relating to the Litigations, their dismissals and the negotiation of this Agreement.
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Dismissal of Litigations. Upon payment of the amounts set forth in paragraphs 3(i) and 3(ii) of this Settlement Agreement, the parties agree to dismiss and to cease any further prosecution of any of the Litigations or any other litigation now pending between them, in accordance with the schedule and terms set forth in this paragraph 5. In furtherance of this Settlement Agreement, it is agreed that no party shall further prosecute any of the Litigations against each other or against any other person or entity, except as follows: (i) Upon payment of the amounts set forth in paragraphs 3(i) and 3(ii) of this Settlement Agreement, NBAP, Panini and Newco will execute and cause to be filed in the Southern District of New York a stipulation of dismissal of the Panini Litigation in its entirety, pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) with prejudice and without costs to any party. (ii) Within one business day of the execution of the stipulation of dismissal of the Panini Litigation by NBAP, Newco will execute and cause to be filed in the Delaware Court a notice of voluntary dismissal of the Adversary Proceeding in its entirety with prejudice and without costs to any party, pursuant to Federal Rule of Civil Procedure 41(a)(1)(i). (iii) It is agreed and the Order of Approval shall provide that NBAP is released from any claims arising out of the 60(b) Motion, to the extent that any such claims survive the Assumption and the releases granted in this Settlement Agreement; provided however that the release shall be subject to the occurrence of any one of the Contingencies and the voiding of this Settlement Agreement as set forth in paragraph 7, and its sub-paragraphs i, ii, iii and v, but excepting the occurrence of the Contingency set forth in sub-paragraph 7(iv) and the voiding of the Agreement solely by reason of that Contingency, in which case the release shall survive the voiding of this Settlement Agreement. (iv) Upon entry by the Court of the Order of Approval, NBAP agrees that it will withdraw its objection to the 60(b) motion, provided, however, that such withdrawal will be without prejudice to NBAP's rights to renew its objection solely in the event the release granted in paragraph 5(iii) fails to become or remain effective, pursuant to the provisos therein. Upon the non-occurence of all of the Contingencies set forth in paragraph 7 of this Settlement Agreement, NBAP's withdrawal of its objection to the 60(b) motion shall be with prejudice. (v) Within 5 days of the exe...
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Dismissal of Litigations a. Attorneys for the Parties shall file a Stipulation of Dismissal With Prejudice in the Land Court Matter within five (5) business days of the execution of this Agreement. b. Attorneys for the Defendants shall file a Request to Withdraw its Petition for Declaratory Order in the STB Matter within five (5) business days of the execution of this Agreement. LOCUS Engineering Design Consultants, Inc. 0 200 400 600 Southborough, Massachusetts 00 Xxxxxxxx Xxxx 000 XXXX XXXXXX (XXXXXXXXX XXXXXX) XXXXXXXX, XXXXXXXXXXXXX Grafton & Upton Railroad Company 00 Xxxxxxxx Xxxx Xxxxx Xxxxxxx, Xxxxxxxxxxxxx 00000 LOCUS MAP 1"=2000' 18 ACRE TRACT This Cost Sharing Agreement (the “Agreement”) is made and entered into this day of February 2021, by and between the following parties (the “Parties”): the Town of Hopedale, by and through its Board of Selectmen (“Board”) and its Board of Water & Sewer Commissioners (“Commissioners,” together with the Board, the “Town”), Xxx Xxxxx Xxxxxxxx and Xxxxxxx Xxxxxxxxx, Trustees of the One Hundred Forty Realty Trust (the “Trust”), and Grafton and Upton Railroad Company (“G&U”) (the Trust and G&U may be referred to collectively as “XXXX”).
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Dismissal of Litigations. The Parties shall jointly (i) move to vacate the Preliminary Injunction entered in the First NDIL Litigation (ECF Nos. 550-551), the related Opinion and Order addressing the Injunction Bond and Shure Notice compliance (ECF No. 590), and the related Contempt Opinion and Order entered in the First NDIL Litigation on September 1, 2020 (ECF No. 912), along with withdrawal and waiver of all contempt sanctions or remedies sought in relation thereto, and (ii) dismiss the Litigations with prejudice including all claims and counterclaims as set forth herein. [***]
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Related to Dismissal of Litigations

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

  • Notice of Litigation and Judgments The Borrower will, and ---------------------------------- will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks in writing within fifteen (15) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a materially adverse effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will, and will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks, in writing, in form and detail satisfactory to the Agent, within ten (10) days of any judgment not covered by insurance, final or otherwise, against the Borrower or any of its Subsidiaries in an amount in excess of $1,000,000.

  • Notice of Litigation Each Seller shall promptly notify the applicable Purchaser upon becoming aware of any Proceedings or threatened Proceedings concerning any Serviced Appointment, in each case, excluding Proceedings in servicer-managed mortgage-level litigation with respect to residential mortgage-backed securities transactions. Notices delivered pursuant to this Section 5.4 will be delivered to the notice recipient designated on Annex B.

  • Costs of Litigation The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

  • Notification of litigation The Borrower will provide the Agent with details of any legal or administrative action involving the Borrower, any Security Party, the Approved Manager, any Ship or the Earnings or the Insurances of any Ship as soon as such action is instituted or it becomes apparent to the Borrower that it is likely to be instituted, unless it is clear that the legal or administrative action cannot be considered material in the context of any Finance Document.

  • Control of Litigation The Parties agree and acknowledge that ASCU shall be entitled at its option exclusively to control any Proceeding, including without limitation the Canyons Litigation, and each Party agrees (i) to promptly notify the other Party of the existence (or alleged existence) of the institution or commencement of any Proceeding instituted by any third party, and (ii) in the case of ASC, to cooperate fully with Indemnitors in connection therewith; provided, that Indemnitor’s right to control any Proceeding shall not be construed as including the right to enter into any settlement, consent judgment or decree or other order or judgment affecting Indemnitees and whether involving monetary or non-monetary relief without the prior written approval of Indemnitees, which approval shall not be unreasonably withheld, delayed or conditioned. Furthermore, Indemnitors agree to keep ASC and the Indemnitees reasonably informed of the status of each Proceeding, including providing ASC and the Indemnitees with copies of and access to ASCU’s, and any other Indemnitors’, legal counsel’s litigation files as well as providing Indemnitees with copies of all status reports or similar correspondence including, but not limited to, correspondence provided to any insurance carrier or bonding company with an interest in any such Proceeding or litigation. If ASCU fails to proceed promptly and diligently to respond to any such Proceeding as promptly as reasonably possible, including but not limited to failing to provide Indemnitees with notice of any proposed settlement prior to entering into such an agreement, and/or fails to keep Indemnitees reasonably informed of the status of any Proceeding, Indemnitees may send Notice of such failure to ASCU and if such failure is not corrected within 30 days after such Notice, Indemnitees may assume control of such Proceeding at Indemnitors’ sole expense. In the event of such an assumption of control of a Proceeding by Indemnitees, Indemnitees shall not enter into any settlement, consent decree or order without the prior written approval of ASCU, which approval shall not be unreasonably withheld, delayed or conditioned.

  • Pending Litigation Financial position and prospective long-term profitability of the Single Tenderer, and in the case the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Tenderer. Tenderer shall provide information on pending litigations as per Form CON-2.

  • Certain Litigation The Company agrees that it ------------------- shall not settle any litigation commenced after the date hereof against the Company or any of its directors by any stockholder of the Company relating to the Offer, the Merger, this Agreement or the Stockholder Agreements, without the prior written consent of Parent. In addition, the Company shall not voluntarily cooperate with any third party that may hereafter seek to restrain or prohibit or otherwise oppose the Offer or the Merger and shall cooperate with Parent and Sub to resist any such effort to restrain or prohibit or otherwise oppose the Offer or the Merger.

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