Dismissal of Pending Action. Within 10 days of the signing of this Compromise and Settlement Agreement, Xxxxx Xxxxxx shall file a plea in intervention requesting that she be included in the Action as a necessary party; and once Xxxxx is a party to the Action, the Released Parties shall cause to be completed, executed, and filed with the applicable court a stipulated dismissal with prejudice of the Action consistent with this Compromise and Settlement Agreement5 3 The release and indemnity provisions of this contract are conspicuous per Texas law. The provisions are conspicuous because they are different than the other provisions in the contract and because a reasonable person would take note of the differences. These provisions are placed towards the beginning of the contract to accentuate their importance.
Dismissal of Pending Action. 11. It is further agreed and understood that the pending claim or cause of action brought by me or on my behalf as described above shall be concluded by entry of a dismissal with prejudice with my consent and the consent of all Releasing Parties in accordance with the terms of the Agreement.
Dismissal of Pending Action. PPM Special Investments Fund, L.P. and PPM Special Investments CBO II, L.P. shall have agreed in writing to dismiss the litigation involving the Company and described in Section 2.5(b)(x).
Dismissal of Pending Action. Upon consummation of the Closing, the parties shall cause the Pending Action to be dismissed with prejudice.
Dismissal of Pending Action. Promptly upon the execution of this Agreement, the Parties agree to execute and file a joint motion to dismiss the Action with prejudice and without an award of costs or fees to any party. The joint motion shall be in the form set forth in the attached Exhibit B.
Dismissal of Pending Action. Upon delivery by Tenant of the consideration provided in Section 1 and upon the complete execution and delivery of this Agreement, Tenant will file a dismissal with prejudice of Tenant's Claims, and Landlord shall file a dismissal without prejudice of Landlord's Claims.
Dismissal of Pending Action. Within ten (10) days after performance under Section 2 of this Agreement commences, the State of Alabama agrees to dismiss its Civil Action No. CV-90-BU-1331-E, which is pending in the United States District Court for the Northern District of Alabama, Eastern Division.
Dismissal of Pending Action. The parties intend as part of this Settlement Agreement and General Release to dismiss their pending action against each other, with prejudice, each party to bear its own costs, disbursements, and attorneys’ fees. The parties agree not to institute any further claim against each other for damages or losses of any kind or nature arising out of conduct alleged in the above-recited litigation or relating to their contractual relationship described therein, by lawsuit, by charge, or otherwise. Counsel for Plaintiff and Defendants shall execute a Stipulation of Dismissal in the form attached hereto as Exhibit A after Defendants have made all payments to Plaintiff as set forth in paragraph 1 above.
Dismissal of Pending Action. Within 30 days of the Effective Date, or after CAPA’s counsel confirms Xxxxx’s compliance with Section 3, above, whichever is later, CAPA and its counsel shall dismiss with prejudice the lawsuit captioned Center for Advanced Public Awareness v. Xxxxx International, Inc., et al., Santa Xxxxx Superior Court, Case No. 23CV421616 currently pending in the Santa Clara County Superior Court.
