Common use of Dismissal of Other Actions Clause in Contracts

Dismissal of Other Actions. (a) The Settling Defendant represents and warrants that as of the date of this Settlement Agreement they know of no Other Actions against them in Canada advancing allegations in respect of the Released Claims. (b) Any Settlement Class Member shall be deemed to consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees. (c) Subject to art. 580 C.C.P. as it relates to Quebec resident Class Members, all Other Actions commenced in any province or territory of Canada by any Settlement Class Member, who did not opt-out, shall be dismissed against the Releasees, without costs and with prejudice.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Dismissal of Other Actions. (a) The Settling Defendant represents Defendants represent and warrants warrant that as of the date of this Settlement Agreement they know of no Other Actions against them in Canada advancing allegations in respect of the Released Claims. (b) Any Settlement Class Member shall be deemed to consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees. (c) Subject to art. 580 C.C.P. as it relates to Quebec resident Class Members, all Other Actions commenced in any province or territory of Canada by any Settlement Class Member, who did not opt-out, shall be dismissed against the Releasees, without costs and with prejudice.

Appears in 3 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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Dismissal of Other Actions. (a) The Settling Defendant represents Defendants represent and warrants warrant that as of the date of this Settlement Agreement they know of no Other Actions against them in Canada advancing allegations in respect of the Released Claims. (b) Any Settlement Class Member Member, who does not opt-out or is not deemed to opt-out in accordance with section 5.1, shall be deemed to consent to the dismissal, without costs and with prejudice, of his, her or its Other Actions against the Releasees. (c) Subject to art. 580 C.C.P. as it relates to Quebec resident Class Members, all All Other Actions commenced in any province or territory of Canada by any Settlement Class Member, who did does not opt-out, shall be dismissed against the Releasees, without costs and with prejudice.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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