Dismissal of the Action with Prejudice. L’Officiel (and its current and former successors, assigns, agents, related companies, and their current or former directors, officers, owners, and employees) will be released by the City for the amount of any and all liens, claims, litigation, actions, damages, judgments, costs, expenses, and/or any compensation whatsoever, presently known or unknown, whether for indemnification, contribution, or for any other claim of any nature whatsoever, that the City had, has, or may have in the future, related to the occurrence(s) and/or injury(ies) alleged in the lawsuit titled, The City of New York v. L’Officiel USA Inc., No. 453762/2021, pending in the Supreme Court of the State of New York, New York County (the “City Lawsuit”), and which took place prior to the Effective Date. *Note that this Release does not preclude the City from enforcing the terms of the Settlement Agreement. Upon execution of the Settlement Agreement and confirmation of receipt of the City Payment, the Parties shall execute and the City shall file with the Court a Stipulation of Dismissal of the Action as against L’Officiel, with prejudice. From the Effective Date until such time as all claims filed by Unknown Claimants during the Freelance Claims Period have been reviewed, assessed and processed, if Plaintiff’s counsel has reason to believe that Defendants have failed to substantially comply with the provisions of the Settlement Agreement, Plaintiff’s Counsel shall notify Defendant’s Counsel in writing of the nature and specifics of the alleged failure to comply and shall specify the basis for such belief, and the Parties’ counsel shall meet in a good faith attempt to resolve the alleged failure to comply.
Dismissal of the Action with Prejudice. Within five (5) calendar days after the “Effective Time,” as such term is defined in the Merger Agreement, Plaintiffs shall cause the Action to be dismissed with prejudice in its entirety, and in no event shall Plaintiffs cause the Complaint to be served on any Defendant.
Dismissal of the Action with Prejudice. The Parties agree that the Action shall be dismissed with prejudice. Within five (5) days of execution of this Agreement, the Parties shall execute five (5) copies of the Dismissal which shall be prepared by ActivX’s counsel. ActivX shall cause the Dismissal to be filed with the Court and shall provide each of the other Parties a file-stamped copy of the Dismissal as promptly as possible after receipt thereof.
Dismissal of the Action with Prejudice. The Court’s Final Order granting approval of this Agreement shall include provisions for the dismissal of this Action with prejudice and the entry of a final judgment of dismissal. Notwithstanding the dismissal of the Action, the parties stipulate that the Court shall retain jurisdiction to enforce this Agreement pursuant to Code of Civil Procedure section 664.6.
Dismissal of the Action with Prejudice a. The Federal Action, and all claims asserted in it, are hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and without payments, attorneys’ fees, costs, disbursements, or expenses in excess of the amounts specified in paragraph 3 of this Settlement Agreement.
b. Simultaneous with the execution of this Settlement Agreement, counsel for Plaintiff shall execute and file a Notice of Voluntary Discontinuance with Prejudice of the State Action in the form annexed hereto as Exhibit A, or in such other form as the Supreme Court, State of New York, shall direct, dismissing with prejudice pursuant to N.Y. Civil Practice Law and Rules § 3217 the State Action and all claims asserted in it, without payments, attorneys’ fees, costs, disbursements or expenses.
c. Simultaneously with the execution of this Settlement Agreement, counsel for Plaintiff shall execute and file a Stipulation and Order in the form annexed hereto as Exhibit B (the “Stipulation and Order of Dismissal With Prejudice”), dismissing with prejudice the Federal Action and all claims asserted in it against the Individual Defendants in their individual and official capacities pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), without payments, attorneys’ fees, costs, disbursements or expenses.
Dismissal of the Action with Prejudice a. Within five (5) business days after the completion of the SBIG Stock Issuance, the Parties shall sign and cause to be filed a joint stipulation for dismissal with prejudice of the Action, in substantially the form attached hereto as Exhibit “6” (“Stipulation”). The Stipulation shall indicate that each Party is to bear its own costs and attorney’s fees. The State Court shall retain jurisdiction solely to enforce the terms of this Agreement and the Stipulation. In the event the SpringBig Parties fail to effectuate the First Installment Payment or any Monthly Installment Payment, effectuate the SBIG Stock Issuance, effectuate the SBIG Stock Registration, or file the Stipulation in accordance with this Agreement, the Yuzz Buzz Parties shall be entitled to seek enforcement of this Agreement against each of the SpringBig Parties. In the event the Yuzz Buzz Parties fail to effectuate the License Agreement Transfer or file the Stipulation in accordance with this Agreement, the SpringBig Parties shall be entitled to seek enforcement of this Agreement against each of the Yuzz Buzz Parties.
b. The prevailing party in any lawsuit arising out of, relating to, or connected with, this Agreement, including a lawsuit to enforce the terms of this Agreement, shall be entitled to recover its reasonable attorneys’ fees and costs, whether incurred before the lawsuit, during the lawsuit, during mediation, at trial, or at the appellate level. The prevailing party shall also be entitled to recover all attorneys’ fees and costs incurred in litigating entitlement to attorneys’ fees and costs, as well as in determining or quantifying the amount of recoverable attorneys’ fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule or guideline, as well as non-taxable costs, including, without limitation, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, electronic research costs, court reporter fees and mediator fees, regardless of whether such costs are otherwise taxable.
Dismissal of the Action with Prejudice. Plaintiffs’ claims in the Action, other than Plaintiffs’ claims against Xxx Xxxxxx (“Xxxxxx”) for retaliation based on Xxxxxx’ assertion of counterclaims against Plaintiffs, are hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and without payments, attorneys’ fees, costs, disbursements, or expenses in excess of the amounts specified in Paragraph 3 of this Settlement Agreement.
Dismissal of the Action with Prejudice. Xxxxxxxxxx shall dismiss the Action with prejudice as to all Parties and claims. Concurrent with Defendants’ delivery to Xxxxxxxxxx of a Counterpart of this Agreement fully executed by Defendants, Xxxxxxxxxx shall deliver to counsel for Defendants a fully executed Request for Dismissal of the entire Action with Prejudice, which Defendants’ counsel will be authorized to file immediately.
Dismissal of the Action with Prejudice. Upon the execution of this Settlement Agreement, China Premium shall cause the SAC to be dismissed with prejudice as to the Cabo/De Luca Defendants and the Xxxxxxx Defendants, and the Cabo/De Luca Defendants shall cause the Counterclaim to be dismissed with prejudice as to China Premium, each Party to bear its own costs. Counsel for said Parties shall sign a Stipulation of Dismissal concurrently with the execution of this Settlement Agreement, and hereby authorize counsel for the Company to file such executed Stipulation of Dismissal with the Court upon receipt of same.
Dismissal of the Action with Prejudice. Upon receipt by Beauty Resource of the first installment payment in paragraph 1, Beauty Resource will file a Request for Dismissal of the Action with prejudice.
