Dismissal of the Lawsuit. 9.6.1. Upon Final Approval of the Settlement Agreement, the District Court shall dismiss the Lawsuit with prejudice subject to the Court retaining jurisdiction as detailed in Section 10 of this Agreement.
Dismissal of the Lawsuit. Within five (5) business days of CHIF’s full and complete performance of Section 2, the Parties agree to jointly submit a Stipulation and Motion for Abatement indicating, among other things, that the Court retains jurisdiction to enforce the Settlement or otherwise enforce the Judgments.
Dismissal of the Lawsuit. Within five (5) business days of NSAV’S full and complete performance of Section 2, the Parties agree to jointly submit a Stipulation and Motion for Abatement indicating, among other things, that the Court retains jurisdiction to enforce the Settlement or otherwise enforce the Judgments.
Dismissal of the Lawsuit a. Within five (5) business days of the date of the execution of an agreement to retain the Independent Monitor, DRM shall prepare, and the Parties shall file, a stipulation for dismissal of the Lawsuit, with prejudice and without any award of costs to either party.
Dismissal of the Lawsuit. On the date hereof, each Member of the Shareholder Group and the Shareholder Group agrees to dismiss with prejudice the Lawsuit and to file the Notice of Dismissal attached hereto as Exhibit "C" and incorporated herein. In addition, each Member of the Shareholder Group, the Shareholder Group, the Company and the Company Group each agree to use their best efforts to cause the pleadings in the Lawsuit to be sealed and agree to file a joint motion to seal such petition.
Dismissal of the Lawsuit. Within five (5) business days of receipt of the Initial Payment by FC Global and upon agreement from counsel for DSH to include his e-signature, counsel for FC Global shall execute and file a Stipulation of Dismissal of the Lawsuit, with prejudice, subject only to the Court retaining jurisdiction to enforce the terms of this Agreement pursuant to Federal Rules of Civil Procedure (the “Dismissal”). The Dismissal shall provide that each Party is to bear its own attorney’s fees and costs; notwithstanding the foregoing the Dismissal shall explicitly provide and require that the Court is to retain jurisdiction to enforce the terms of this Agreement and that any aggrieved party hereto may seek to enforce this Agreement pursuant to the settlement of the Lawsuit.
Dismissal of the Lawsuit. After receipt of this Agreement fully executed by Mauro and Adia and after Mauro and Adia provide to HemaCare all the consideration specified in paragraph 2 above, HemaCare agrees to dismiss the Lawsuit with prejudice and serve on Mauro and Adia a conformed copy of the dismissal.
Dismissal of the Lawsuit. Within seven (7) days of the effective date of this Agreement, the Parties shall cooperate to promptly cause the following to occur: filing of a motion and order to dismiss the Lawsuit with prejudice and the request for timely entry of same by the Court.
Dismissal of the Lawsuit. Upon execution of this Agreement, the Parties agree to file all such documents as may be necessary to effectuate the dismissal, with prejudice, of all claims currently pending in the Lawsuit, with each party to bear its own costs. The Parties agree that no appeals shall be taken from the dismissal of any claims in the Lawsuit.
Dismissal of the Lawsuit. In exchange for the consideration described herein, the Parties agree to seek dismissal of the Lawsuit as against Defendants with prejudice. Plaintiff authorizes his counsel to execute the Stipulation and Order of Dismissal with Xxxxxxxxx, attached as Exhibit A, and to submit any papers to the Court that are necessary to effectuate the dismissal of the Lawsuit as against all Defendants and/or the full release of claims, and enforcement of the Agreement. This Agreement is contingent on the Court approving the settlement of Plaintiff’s FLSA claims and dismissing the Lawsuit with prejudice as against Defendants. In the event that the Court for any reason declines or fails to dismiss the Lawsuit with prejudice as contemplated by this Agreement, this Agreement shall be voidable at Defendants’ option. In such case, the Parties shall be returned to their respective statuses as of the date immediately prior to the execution date of this Agreement; the Parties shall proceed in all respects as though the Agreement had Xxxxxxx.Xxxxxx.xxx not been executed; nothing contained in this Agreement shall be used as an admission against either Party; and no Party to this Agreement shall be deemed to have waived or relinquished any rights, privileges, claims, or defenses by having entered into this Agreement. Notwithstanding the foregoing, the Parties may agree in a separate writing to modify or alter this Agreement in order to obtain Court approval and dismissal of the Lawsuit with prejudice.
