Dismissal of the Lawsuits Sample Clauses

Dismissal of the Lawsuits. Upon Final Approval of the Agreement, the District Court shall enter final judgment under Rule 54(b) of the Federal Rules of Civil Procedure dismissing this lawsuit with prejudice subject to the District Court’s retention of jurisdiction as detailed in Section VIII, below. Further, the County and all three Named Plaintiffs will dismiss their pending due process appeals in Contra Costa County v. Xxxxxxx X., Civil Case No. C14-00268 MEJ, Contra Costa County v. CiCi C., Civil Case No. C14-00269 MEJ, and Contra Costa County v. Xxxx X., Civil Case No. C14-00270 MEJ, with prejudice. Named Plaintiff W.B., does not waive the provision of the seventeen (17) hours of compensatory education by the County as required by Administrative Law Judge Xxxxx Xxxx Xxxxxxxx in his underlying administrative decision. Named Plaintiff Q.G. does not waive the provision of the one (1) hour of compensatory education by the County required by Administrative Law Judge Xxxxx Xxxx Xxxxxxxx in his underlying administrative decision. Named Plaintiff G.F., through her guardian, Xxxx X., does not waive the provision of the twenty (20) hours of compensatory education by the County as required by Administrative Law Judge Xxxxx Xxxx Xxxxxxxx in his underlying administrative decision. The County will provide Named Plaintiff W.B., Named Plaintiff Q.G., and Named Plaintiff G.F. with compensation for the compensatory education ordered at the rate of $30 per hour.
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Dismissal of the Lawsuits. 4.1. As a condition of execution of this Agreement, NeoMedia, Scanbuy and MFR shall have their respective counsel execute an Agreed Order dismissing all claims and counterclaims made in the 2004 Lawsuit and the 2009 Lawsuit substantially in the forms attached hereto as Appendix E. The claims and counterclaims between and among NeoMedia, Scanbuy, and MFR shall be dismissed with prejudice, provided, however, that NeoMedia reserves all right and ability to challenge the validity, enforceability and infringement of the MFR Asserted Patent in the event that the sublicense is terminated, and no issue preclusion or res judicata effect will apply in that event. NeoMedia’s counsel shall file said Agreed Order for the 2004 Lawsuit and said Agreed Order for the 2009 Lawsuit within five (5) business days after execution of this Agreement. 4.2. The Parties agree that this Agreement constitutes the full and complete settlement of the disputed claims and counterclaims. It does not and shall not constitute an admission of liability by any of the Parties and shall not be used by any of the Parties or any other person or entity in any litigation or proceeding for that purpose. The Parties further agree that the disputes and allegations that resulted in the Lawsuit and are subject to this Agreement shall not be discussed or disclosed publicly except as may be required to respond truthfully to governmental inquiries or required testimony, or to enforce the terms of the Agreement itself. 4.3. The Parties agree to bear their own costs and attorneys’ fees in connection with the 2004 Lawsuit and the 2009 Lawsuit and in connection with the negotiation of this Agreement. 4.4. As a condition for granting the licenses and releases in this Agreement, within ten (10) days from the Effective Date Scanbuy shall file with the appropriate patent office papers to withdraw all opposition proceedings or other adverse proceedings which seek to invalidate any NeoMedia intellectual property right, including those related to any NeoMedia (or a foreign Affiliate’s) pending patent application anywhere in the world. Scanbuy shall inform NeoMedia promptly when the request to withdraw the opposition or other adverse proceeding has been made, and where those proceedings had been pending.
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Dismissal of the Lawsuits. Bass agrees that he will authorize and direct his attorney to sign the Stipulations of Dismissal with Prejudice that are attached hereto as Exhibits B and C requesting that the Lawsuits be dismissed with prejudice and to take no further action in prosecution of the cases. Said Stipulations of Dismissal shall be filed with the Courts within seven (7) days after the Company has delivered the first payment referenced in paragraph 2 of this Agreement to Bass.
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Dismissal of the Lawsuits. Within fourteen (14) days after the Effective Date, Plaintiffs will take the necessary steps to dismiss Plaintiffs’ claims in the remaining Lawsuits with prejudice and without further costs to any Party.
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Dismissal of the Lawsuits 
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Related to Dismissal of the Lawsuits

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Lawsuits There is no lawsuit, tax claim or other dispute pending or threatened against the Borrower which, if lost, would impair the Borrower's financial condition or ability to repay the loan, except as have been disclosed in writing to the Bank.

  • Dismissals 4.1 Details of all dismissals/resignations within the last 12 months including reasons for the dismissal/resignation. 4.2 Details of all employees recruited within the last 12 months.

  • DISCIPLINE AND DISMISSAL 27.01 The Employer may discipline, suspend or dismiss an employee for just cause only, except for the dismissal of a probationary Employee. Unsatisfactory conduct or performance by an Employee which is considered by the Employer to be serious enough to be entered on the Employee's record but not serious enough to warrant suspension or dismissal shall result in a written warning to the Employee and a copy to the Union within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act. The Union shall not deny a request by the Employer to extend the timelines due to availability of persons identified by the Employer to be interviewed. A written warning that is grieved and determined to be unjustified shall be removed from the Employee's record. 27.02 In the event an Employee is suspended or dismissed, the Employer shall provide written reasons for the suspension or dismissal to the Employee and the Union forthwith and in any event not later than five (5) days of the action being taken. The action or suspension or dismissal shall be within fifteen (15) days of the date the Employer first became aware of, or reasonably should have become aware of the occurrence of the act, giving rise to the suspension or dismissal. The Union shall not deny a request by the Employer to extend the timelines due to unavailability of persons identified by the Employer to be interviewed. When action involves a suspension, the notice shall specify the time period of the suspension. 27.03 An Employee who has been subject to disciplinary action may after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that their personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee's file does not contain any further record of disciplinary action during the two (2) year period of which the Employee is aware. The Employer shall confirm in writing to the Employee that such action has been effected. 27.04 The procedures stated in Articles 27.01, 27.02 and 27.03 do not prevent immediate suspension or dismissal for just cause. (a) An Employee required by the Employer to attend an investigation meeting or a disciplinary discussion shall be paid at the applicable rate of pay for time spent in that meeting. (b) Where circumstances permit, the Employer shall schedule a disciplinary discussion with the Employee by giving reasonable advance notice which shall not be less than twenty-four (24) hours. At such discussion an Employee may be accompanied by a representative of the Union. 27.06 In the event that an Employee is reported to their licensing body by the Employer, the Employee shall be so advised, and unless otherwise requested a written copy shall be forwarded to the Union forthwith. In the event, an Employee is reported to their licensing body, by someone other than the Employer, the Employee shall advise the Employer of such and the Employee may copy the Union on such notification. 27.07 An Employee absent for three (3) consecutive work days without good and proper reason and without notifying the Employer shall be considered to have terminated their Employment with the Employer. 27.08 For the purposes of this Article, periods of time referred to in days shall be deemed to mean consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays, which are specified in Article 19.

  • Civil Actions Except where there has been gross negligence on the part of an employee, the Employer will: (1) exempt and save harmless employees from any liability action arising from the proper performance of their duties for the Employer; and (2) assume all costs, legal fees, and other expenses arising from any such action.

  • Dismissal and Suspension Grievance All dismissals and suspensions will be subject to formal grievance procedure under Article 7 of this Agreement. A copy of the written notice of dismissal or suspension shall be forwarded to the President of the Union within five (5) days of the action being taken.

  • Notice of Criminal Activity and Disciplinary Actions a. Xxxxxxx shall immediately report in writing to their contract manager when Xxxxxxx has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency.

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Enforcement of Foreign Judgments Any final judgment for a fixed or determined sum of money rendered by any U.S. federal or New York state court located in the State of New York having jurisdiction under its own laws in respect of any suit, action or proceeding against the Company based upon this Agreement, the Registration Statement, the Pricing Disclosure Package and the Prospectus would be declared enforceable against the Company by the courts of Bermuda, without reconsideration or reexamination of the merits.

  • Complaints and Appeals As a Premera member, you have the right to offer your ideas, ask questions, voice complaints and request a formal appeal to reconsider decisions we have made. Our goal is to listen to your concerns and improve our service to you. If you need an interpreter to help with oral translation, please call us. Customer Service will be able to guide you through the service. We would like to hear from you. If you have an idea, suggestion, or opinion, please let us know. You can contact us at the addresses and telephone numbers found on the back cover. Please call us when you have questions about a benefit or coverage decision, our services, or the quality or availability of a healthcare service. We can quickly and informally correct errors, clarify benefits, or take steps to improve our service. We suggest that you call your provider of care when you have questions about the healthcare they provide.

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