Dismissal of Proceedings. 2.1 The Parties shall co-operate and take all actions necessary to cause the Proceedings to be fully and finally dismissed, with prejudice (to the extent possible in each such jurisdiction or forum save to the extent Schedule 2.1(A) provides otherwise), as between the Parties, without admission of liability, on the basis of the agreed form orders (listed at Schedule 2.1(B) with no monetary damages assessed or awarded on or before the Effective Date to be paid.
2.2 Each Party has listed in Schedule 2.1(A) the parties to the respective Proceedings.
2.3 Prior to the execution of this Agreement each Party has executed and completed all other required formalities on all orders and other documents necessary from that Party to fully and finally dismiss the Proceedings. Simultaneously with the execution of this Agreement each Party shall provide to the other copies of all such documents. Each Party shall take all actions specified in Schedule 2.1(A) in accordance with the respective timings specified therein and by reference to the agreed form orders listed in Schedule 2.1(B). If any of the agreed form orders listed in Schedule 2.1(B) are not accepted by the relevant Governmental Authority, each Party shall promptly co-operate and take all further actions necessary to cause the full and final dismissal of the Proceedings in accordance with Section 2.1 above.
2.4 Each Party shall pay all of its own costs incurred in the Proceedings except to the extent that any costs orders have been made and paid prior to the Effective Date.
2.5 Where any bond, security or guarantee has been paid or provided in respect of any of the Proceedings, each Party shall use their Best Efforts to procure the release or return of the monies underlying such instrument to the Party which provided such bond, security or guarantee, including without limitation the submission of the agreed documents listed in Schedule 2.5. If any of the agreed form documents listed in Schedule 2.5 are not accepted by the relevant Governmental Authority, each Party shall promptly co-operate and take all further actions necessary to cause such release or return of the monies in accordance with this Section 2.5. Each Party warrants that it has not, and represents that it shall not, seek to call upon any such bond, security or guarantee.
2.6 The dismissal of the Proceedings shall not limit, prevent or otherwise restrict any Party from asserting, continuing or defending against any proceedings with Third Parties, inc...
Dismissal of Proceedings. The Parties shall, on consent, as part of the motions for approval of the Settlement, request the Courts to dismiss the Proceedings with prejudice as against the Defendants, without costs.
Dismissal of Proceedings. (1) The Parties shall, on consent, apply to the Court forthwith after the Defendant’s Optional Termination Deadline to dismiss, as of the Defendant’s Optional Termination Deadline, the Proceeding, on a with-prejudice and without costs basis.
Dismissal of Proceedings. Not later than five business days after the Effective Date, the Parties shall cause their attorneys of record in the Zaltrap Litigation to execute and file with the Court the Stipulation of Dismissal in the form of Exhibit D hereto. As of the Effective Date, Regeneron and Sanofi shall take no further action in the Pending Ex-U.S. Proceedings.
Dismissal of Proceedings. Not later than five business days after the Amendment Effective Date, the Parties shall cause their attorneys of record in the Pending U.S. Litigation to execute and file with the Court the Stipulation of Dismissals in the form of Exhibit E hereto.
Dismissal of Proceedings. Upon the date of the approval of the Settlement Agreement becomes a Final Order, the Action shall be dismissed with prejudice and without costs as against the Defendants. Class Members shall be deemed to consent to the dismissal of the Action, with prejudice and without costs as against the Defendants.
Dismissal of Proceedings. 5.1 Subject to Article 5.2, the First Nation agrees to:
(a) abandon, dismiss or discontinue all Proceedings based on the same or substantially the same facts giving rise to the Claim within 90 days from the effective date; and
(b) instruct its legal counsel to file all the necessary documents to do so and to serve Canada with a copy of all such documents duly filed.
5.2 For any Proceeding filed in the Federal Court that is a “representative proceeding” as per rule 114 of the Federal Court Rules (SOR/98-106), the First Nation agrees to obtain an order of the Federal Court approving its discontinuance or settlement prior to the execution of this Settlement Agreement by the Minister.
Dismissal of Proceedings. Upon the Effective Date, the Action shall be dismissed with prejudice and without costs as against the Defendants. Class Members shall be deemed to consent to the dismissal of the Action, with prejudice and without costs as against the Defendants.
Dismissal of Proceedings. Immediately after the Closing, Reliance, Sun Life, and Phoenix will cause their respective attorneys to execute, deliver, and file documents substantially in the form attached as Exhibit I.
Dismissal of Proceedings. 9.2.1 Upon the Effective Date, the Action shall be dismissed on the merits as it if it had been tried before a judge on the merits with prejudice and without costs as against the Defendants. Settlement Class Members shall be deemed to consent to the dismissal of the Action, with prejudice and without costs to any party.
10.1 The Plaintiff, on behalf of himself and the Settlement Class Members, hereby covenants and agrees that neither the Plaintiff nor any of the Settlement Class Members, nor any person authorized to act on behalf of any of them, will commence, authorize, or accept any benefit from any judicial or administrative action or proceeding, other than as expressly provided for in this Settlement Agreement, against the Released Parties in either their personal or corporate capacity, with respect to any claim, matter, or issue that in any way arises from, is based on, or relates to any alleged loss, harm, or damages allegedly caused by Released Parties in connection with the Released Claims. The Plaintiff, on behalf of themselves and the Settlement Class Members, hereby waive and disclaim any right to any form of recovery, compensation, or other remedy in any such action or proceeding brought by or on behalf of any of them, and agree that this Settlement Agreement shall be a complete bar to any such action.
