Dismissal of the Actions. (1) Except as otherwise provided in the Agreement and the Second Order, and as a condition of Settlement, the Ontario Action shall be dismissed without costs and with prejudice.
(2) Except as otherwise provided in the Agreement and the Second Order, the Québec Action shall be settled, without costs and without reservation as against the Defendants.
Dismissal of the Actions. (1) As of the Effective Date, the Ontario Action shall be dismissed as against the Defendants with prejudice and without costs and the Quebec Action shall be declared settled out of court in capital, all applicable taxes, interest and costs.
Dismissal of the Actions. 5.1 Within five business days after the complete execution and delivery of this Agreement, TRC and Tower shall cause their respective counsel to endorse and file the Stipulations of Dismissal with Prejudice attached as Appendix A to cause all of their claims and counterclaims in the Actions with respect to each other and Fedders to be dismissed with prejudice. The Stipulations may be amended to the extent necessary to comply with local rules.
Dismissal of the Actions. The Parties shall have their counsel execute and submit a Stipulation and [Proposed] Order of Dismissal of the Actions in the form attached as Exhibit A within three (3) business days of the payment specified in Section 5.1 of this Agreement. The Parties agree that the Stipulation and [Proposed] Order of Dismissal shall not preclude the right of Incyte to bring suit against Gene Logic or Gene Logic's Affiliates in the United States District Court for the Northern District of California if this Agreement is breached by Gene Logic in one or more causes of action including an action for infringement of the Licensed Patents, and an action for breach of contract. The Parties agree that the stipulation and [Proposed] Order of Dismissal shall not preclude the right of Gene Logic to bring suit against Incyte in the United States District Court for the Northern District of California if this Agreement is breached by Incyte in one or more causes of action, including an action for breach of contract.
Dismissal of the Actions. In consideration of the mutual benefits of entering into this Settlement Agreement, the Parties shall enter into and cause to be filed with the Court, within three (3) business days of the Execution Date, a stipulation and order of dismissal substantially in the form annexed hereto as Exhibit A (“Stipulation and Order of Dismissal”). If the Court does not grant the Stipulation and Order of Dismissal substantially in the form filed by the Parties, the Parties agree to confer in good faith and revise that document consistent with the terms of this Settlement Agreement and the requirements of the Court. The date upon which the last of the Actions has been dismissed by the Court shall be the “Effective Date”.
Dismissal of the Actions. (1) As of the Effective Date, the Action shall be dismissed as against the Defendant CIBC with prejudice and without costs.
Dismissal of the Actions. Upon the execution of this Agreement, and obtaining an Order from the Court, Action No. 1 shall be dismissed, with prejudice as against all Defendants. Simultaneously with the execution of this Agreement the Settling Parties shall execute a Stipulation and Order of Dismissal, with prejudice, with respect to Action No. 1, in the form annexed hereto as Exhibit A, which shall be filed immediately. Simultaneously with the execution of this Agreement the Settling Parties shall execute a Stipulation and Order of Dismissal, with prejudice, with respect to Action No. 2, in the form annexed hereto as Exhibit B, which shall be held in escrow by Vis Vxxxx’ counsel, pending Vis Vxxxx’ receipt of Players Network and Bxxxxxx’x timely payment of the Settlement Sum as required under Paragraph 1.1 of this Agreement. Upon the timely receipt of payment required by Paragraph 1.1, Vis Vxxxx’ counsel shall deliver the Stipulation and Order of Dismissal to counsel for Players Network and Bxxxxxx, who shall then be entitled to file a Stipulation and Order of Dismissal, with prejudice, without any further notice to Vis Vxxxx.
Dismissal of the Actions. Upon the Effective Date, to the extent permitted by Applicable Law, the Parties shall (i) cause, through their respective counsel, the dismissal, with prejudice, of all claims and counterclaims asserted by and between them in the Actions, within three (3) business days following the earlier of (A) receipt by Conformis of the Initial Payment and (B) the expiration of any litigation stay, with extensions, granted by the court in respect of the Actions and (ii) take all reasonable actions to facilitate the execution and entry of all applicable dismissals. Neither Party shall take any action to oppose the district court’s entry of dismissal, nor subsequently take any action to vacate or modify or appeal from dismissal of each of the Actions. If the district court refuses to enter any agreed form of dismissal, the Parties and their respective counsel shall cooperate to prepare, execute and lodge a revised form of dismissal mutually acceptable to the Parties and to the district court. Each of the Parties shall bear its own costs and attorneys’ fees associated with the Actions.
Dismissal of the Actions. As soon as practicable after the execution of the Partnership Purchase and Sale Agreement referred to in paragraph 2, Conseco, Conseco LLC, the Partnership, IGC, and Argosy, by and through their respective attorneys, shall sign and file stipulations of dismissal with prejudice of the Tippecanoe County Action, the Madison County Action, and any related appellate proceedings, with each party therein to bear its own costs and attorneys' fees. The parties to this Agreement also agree to execute and file any additional documents that may be necessary to effectuate the dismissal with prejudice of the Tippecanoe County Action, the Madison County Action, and any related appellate proceedings.
Dismissal of the Actions. The Parties acknowledge that by order of the Xxxxxxxxx Xxxxx X. Xxxxx dated February 24, 2023, the Actions have been dismissed without prejudice, and that this Agreement fully and finally resolves any claims that were, or which could have been, raised in any of the Actions. Accordingly, the Parties agree that within five (5) business days after receipt of the Payment, Plaintiffs will submit a proposed stipulated order to the Xxxxxxxxx Xxxxx X. Xxxxx requesting that the Actions be dismissed with prejudice. The Parties shall bear their own respective costs (including without limitation attorneys’ fees) in the Actions.
