Dismissal Order. Tenured teachers shall be dismissed inversely to seniority which they have and pursuant to other provisions of this Article. Seniority means the length of continuous service in the District. Such services shall be deemed to commence on the first day of full-time employment. A Board approved leave of absence shall not be deemed to interrupt continuous employment.
Dismissal Order. [***], the Parties shall file a notice of settlement with the Court. [***], the Parties shall file with the Court a Stipulation and Order, in the form attached as Exhibit A, dismissing the Litigation with prejudice, with each side to bear its own costs and attorneys’ fees.
Dismissal Order. 6.19(a)(v) Distributed Interests......................................................6.22
Dismissal Order. A. The District and Association will adhere to the processes and procedures found in SB7. The Joint RIF Committee will meet by October 1 of each year and work within the parameters outlined in the law.
B. Educational support personnel affected by reduction of force shall be honorably dismissed within the job classification (category of position). Certain positions require qualifications unique to those positions. In the event that a position is eliminated, the following procedure based on position will be followed: If a reduction in force occurs, a maintenance employee who has more seniority may bump the least senior custodian; a more senior head xxxx may bump the least senior assistant xxxx; a more senior bus driver may bump the least senior bus monitor; and an assistant xxxx may bump the least senior lunchroom monitor. Bus drivers, maintenance employees, head cooks and assistant cooks are the only positions that may bump cross-categorically.
Dismissal Order. Following the occurrence of the events set forth in paragraphs 2(a), 2(b) and 2(c) above, the Debtors shall submit the Dismissal Order attached as Exhibit 2 hereto under certification of counsel to the Bankruptcy Court for entry.
Dismissal Order. Within five (5) calendar days of Defendant delivering the Settlement Fund as set forth in section 24 of this Settlement Agreement or on such date ordered by the Court, the Parties will file a stipulation of dismissal in the Litigation dismissing the claims of the Settlement Class Members against Defendant with prejudice and without fees or costs except those costs provided herein. In the event that Defendant fails or refuses to deliver the Settlement Fund as set forth in section 24 of this Settlement Agreement, Defendant agrees that at the option of Settlement Class Counsel, the Final Approval Order may be vacated pursuant to Fed. R. Civ. P. 60(b), this Agreement shall be rescinded, and the Litigation shall be reinstated as if this agreement never existed.
Dismissal Order. 3.1.1 Simultaneously with the execution of this Agreement, the parties shall execute, or cause their attorneys of record in the Action to execute, the Agreed Order of Dismissal With Prejudice in the form attached hereto as Exhibit B (the “Dismissal Order”) and deliver the fully executed Dismissal Order to the Court for its approval and entry.
3.1.2 Inverness shall provide reasonable assistance to OraSure in obtaining C&D’s signature on a dismissal order in substantially the form of the Dismissal Order; provided, however, that C&D’s failure to do so shall not excuse either party from fulfilling its obligations under this Agreement.
3.1.3 Without limiting the foregoing, the parties shall cooperate and take such further actions as necessary to effectuate the Dismissal Order on the terms and conditions hereof. Further, the parties shall update and shall execute any replacement Dismissal Order arising from any modifications made in accordance with Section 3.1.4 or as may be otherwise mutually agreed by the parties.
3.1.4 If the Court objects to this Agreement or the Dismissal Order submitted to the Court, then the parties shall promptly meet, consistent with the August 15, 2008 Scheduling Order, as amended on July 20, 2009, and negotiate in good faith to try to resolve such objections.
Dismissal Order. Once the Settlement Fund has been paid and the checks have cleared, the parties will file a stipulation of dismissal and request entry of an order stating that the Parties will take the actions required to fulfill their obligations under the Settlement Agreement. In the event that Defendant fails or refuses to make the payments pursuant to paragraph 24, Defendant agrees, that at the option of Settlement Class Counsel, the Final Approval Order may be vacated pursuant to Fed. R. of Civ. Procedure 60(b), this Agreement shall be rescinded and this action shall be reinstated as if this Agreement never existed.
Dismissal Order. Following the payments and issuance of Settlement Shares which HiEnergy Technologies, Inc. is to make under Paragraphs 3 and 4 of this Agreement, the Parties shall cause to be filed with the American Arbitration Association an agreed stipulation for voluntary dismissal, dismissing all of Claimants Claims with prejudice, with each claimant bearing its own Costs, and further dismissing HiEnergy Technologies, Inc.'s Counterclaim with prejudice, with HiEnergy Technologies, Inc., bearing its own Costs. This case is to remain on the active arbitration calendar until all conditions of the Settlement Agreement are fulfilled and the Parties execute a dismissal of the action.
Dismissal Order. Within five (5) days of the execution of this Agreement by the Parties, the Parties shall file a joint motion for approval of the Agreement with the Court.
