Dismissal of the Civil Action. Within five (5) business days of the Effective Date of this Agreement, the Parties shall file a Stipulation of Dismissal pursuant to F.R.C.P. 41(a), dismissing with prejudice all claims and counterclaims made therein and specifying that all costs incurred therein (including attorneys’ and expert fees and expenses) shall be borne solely by the Party incurring such costs. Each of the Parties shall bear its own costs with regard to the Civil Action, such filings, and this Agreement. If Callidus fails to comply with Section 6.1 below, Callidus will not oppose a motion by Versata pursuant to Fed. R. Civ. R. 60(b)(3), 60(b)(5), and/or 60(b)(6) to seek relief from said dismissal.
Dismissal of the Civil Action. The rights and obligations of the parties under this agreement are expressly contingent and conditioned on dismissal with prejudice of all claims encompassed by the Civil Action. To that end, Zirnis and the Board agree, authorize, and direct their attorneys to withdraw and dismiss with prejudice the Civil Action.
Dismissal of the Civil Action. In connection with the execution of this Agreement, Versata shall direct its counsel to execute and deliver by hand delivery or overnight courier to Selectica’s local counsel Xxxxxxxxx X. XxXxxxx at Xxxxx XxXxxxxx a Stipulation of Dismissal pursuant to F.R.C.P. 41(a) in the form attached here as Exhibit B (the “Dismissal”), dismissing with prejudice all claims and counterclaims made therein and specifying that all costs incurred therein (including attorneys’ and expert fees and expenses) shall be borne solely by the Party incurring such costs. Each of the Parties shall bear its own costs with regard to the Lawsuit, such filings, and this Agreement. No Party shall file the Dismissal until Selectica has completed the transfer of the Lump Sum Amount to Versata in accordance with Section 5.2(a) of this Agreement. Following Selectica’s receipt of confirmation that Versata has received the wire transfer of the Lump Sum Amount in accordance with Section 5.2(a) of this Agreement and that such funds have been credited to Versata, Selectica shall then (and only then) be permitted to file Dismissal in the Civil Action. Versata shall provide Selectica and its counsel electronic and telephonic confirmation of the crediting of such funds within four (4) hours of such crediting, provided that Selectica notifies Xxxxx Xxxxx (000-000-0000 / xxxxx.xxxxx@xxxxxxx.xxx), Xxxx Xxxxxx (000-000-0000 / xxxx.xxxxxx@xxxxxxx.xxx), and Xxxxx Xxxx (000-000-0000 / xxxxx@xxxxxxxxxxx.xxx) that the wire has been sent. Such Dismissal shall not be operative and may, under no circumstances be filed, except in accordance with this Section 4.3. If Selectica files the Dismissal in violation of the provisions of this Section 4.3, then any dispute relating thereto shall be resolved in the Court where the Civil Action is pending. The Parties agree that the United States District Court for the Eastern District of Texas, Marshall Division shall have sole and exclusive jurisdiction over an action for violation of this Section 4.3, and Selectica submits to the jurisdiction of the Eastern District of Texas and consents to venue in such District for such purposes. Selectica further covenants not to initiate any action (for declaratory judgment or otherwise) relating to any dispute regarding this Section 4.3 in any venue or jurisdiction other than the Court in which the Civil Action is pending as of the Effective Date.
Dismissal of the Civil Action. Within two (2) business days of the Effective Date of this Agreement, the Parties shall file a Stipulation of Dismissal pursuant to
Dismissal of the Civil Action. Deziel shall, as soon as practxxxxxx after the date of this Settlement Agreement, discharge the LIS PENDENS in full and dismiss the Civil Action with prejudice, with all parties paying their own costs and legal fees. Should the transfer agent for Shells Seafood require a court order discharging the LIS PENDENS, Deziel shall, as soon as practicaxxx, obtain that order and provide it to the transfer agent.
Dismissal of the Civil Action. Plaintiff further understands and agrees that this Agreement and the promises made by Defendants herein are made conditionally and contingent upon Defendants’ receipt of: (i) this Agreement fully executed by Plaintiff, which includes a completed Medicare Release contained in Paragraph 10 herein; (ii) an Order of the SDNY approving this Agreement; and (iii) an Order of the SDNY dismissing with Prejudice, the Civil Action, Case No.: 17-cv-09983, in its entirety, including any and all claims therein whether for violations of the FLSA, NYLL, or otherwise.
