Dismissal of Pending Litigation. Within ten (10) days after the Effective Date, the parties shall cause to be completed, executed and filed with the applicable court a stipulated dismissal with prejudice of the Pending Litigation consistent with this Agreement and in the form attached hereto as Exhibit D (the “Dismissal”).
Dismissal of Pending Litigation. Unimedia shall settle and compromise the litigation entitled UNIMEDIA S.A.
Dismissal of Pending Litigation. Plaintiff, Defendant and Jackoboice shall sign the Stipulation attached hereto as Exhibit “3” and stipulate to the entry of the Order attached hereto as Exhibit “4”, which dismisses with prejudice all claims and counterclaims, and provides that the Court shall retain jurisdiction only for the purpose of enforcing this Settlement Agreement.* ___________________ * Information omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission.
Dismissal of Pending Litigation. The parties shall submit to the Circuit Court of Xxxxxx County a Final Order of Dismissal in the Pending Litigation, dismissing the Pending Litigation with prejudice. Such Final Order of Dismissal shall incorporate therein a fully executed copy of this Agreement, shall provide for the release of the Lis Pendens recorded in Deed Book 1195, page 354, among the aforesaid land records, in connection with the Pending Litigation, and shall be substantially in the form of Exhibit F attached hereto.
Dismissal of Pending Litigation. The parties agree that this Settlement Agreement is expressly contingent upon the payment of $750,000.00 as provided and specified in Section 1 above, the execution of the mutual releases set forth herein and the stipulation of dismissal of the Delaware Action. Concurrently with the execution of this Agreement, the Parties shall execute the documents in the form attached as Exhibit 1 pursuant to which the Parties agree to dismiss the Delaware Action with prejudice including all claims and counterclaims, and any claim which could have been had or brought by and between the Parties arising from or connected with the Delaware Action, and the parties acknowledge the release and discharge of each other from any and all such claims.
4.1 Notwithstanding the foregoing, each Party intends and agrees that the United States District Court for the District of Delaware shall be the exclusive jurisdiction for the purpose of resolving any claim or controversy arising out of or relating to the terms and conditions of this Agreement, a Party’s performance or failure to perform hereunder, or any other claim or dispute arising out of the Agreement.
4.2 Each Party further agrees to waive any objections it may have now or hereafter to the venue of any proceeding filed in the United States District Court for the District of Delaware for the purposes referenced in this Section. In any such proceeding to enforce the terms of this Agreement, the Court shall award to the prevailing party its reasonable attorneys’ fees and costs incurred.
Dismissal of Pending Litigation. Upon the satisfaction of the condition specified in Section 1.4, the parties hereto promptly shall dismiss all Pending Litigation with prejudice and in no event later than the second business day following the satisfaction of such condition, and no party shall hereafter initiate or encourage any litigation, inquiry, challenge or other proceeding with respect to any matter encompassed within the Pending Litigation or covered by the Release attached hereto as Exhibit A.
Dismissal of Pending Litigation. Chembio and SDS will execute and file, within five business days of the effective date of this Agreement, a stipulation of dismissal in the form of Exhibit A hereto, dismissing the Pending Litigation. Nothing in this Agreement or in any of the Related Documents shall preclude any party from asserting res judicata, collateral estoppel, or law of the case with respect to any ruling(s) previously made in the Pending Litigation. Nothing herein shall grant any rights under any SDS Patents to Chembio for any products other than HIV Barrel Products.
Dismissal of Pending Litigation. Within ten (10) days of the full execution and adoption of this Agreement by the Parties, the Parties shall file a Joint Stipulation for Dismissal With Prejudice and Agreed Order for Dismissal With Prejudice in Xxxxxxx County case number 2019-CA-001285, with each of the Parties to bear their own attorneys’ fees and costs resulting from or related to Xxxxxxx County case number 2019-CA-001285.
Dismissal of Pending Litigation. Concurrently with the execution of this Agreement, Cisco and Google shall cause counsel of record for all parties (other than TiVo) to the Pending Litigation to complete, execute and deliver (or have delivered) to TiVo the joint motions and proposed orders (“Dismissal Motions”) requesting that the Pending Litigation be dismissed in the form attached hereto as Exhibit B. Within one court day of receiving confirmation from the Escrow Agent that Google and Cisco have deposited the Fee, TiVo shall complete, execute and file the Dismissal Motions. The Parties shall cooperate and shall cause any other parties to the Pending Litigation to cooperate, in taking reasonable actions as might be required to dismiss the Pending Litigation.
Dismissal of Pending Litigation. Within 10 days of execution of this Agreement, GGYC and SNG shall file a Joint Stipulation of Discontinuance with the Supreme Court of the State of New York ceasing and dismissing without prejudice all pending litigation against each other, with each party bearing its own attorneys’ fees and costs. The dismissal of pending litigation without prejudice, as opposed to with prejudice, shall not be deemed to limit, in any way, the scope or effect of the Mutual Release in Paragraph 6 hereto or the Covenant Not to Xxx in Paragraph 7 hereto. This Agreement shall be filed as an Exhibit to the Joint Stipulation of Discontinuance.
