Common use of DISMISSALS, DISCLAIMERS, AND RELEASES Clause in Contracts

DISMISSALS, DISCLAIMERS, AND RELEASES. Section 7.01 Dismissals (A) Following the payment by Organon of the Settlement Funds into the Qualified Settlement Fund, the Defendants are entitled to dismissal with prejudice of the Claims of all MDL Claimants, NJ Coordinated Proceeding Claimants, Other Federal Court Claimants and Other State Court Claimants that opt in to the Program, and Organon may file with the relevant court the Stipulation of Dismissal submitted with the Claim Packages of each Program Participant in accordance with the following: 1. For Program Participants who are sent a Notice of Rejection by the Claims Administrator pursuant to Section 3.05(F) due to uncured Claim Package deficiencies, Organon may file the Stipulation of Dismissal provided by that Program Participant with the relevant court at any time following the fifteenth (15th) day after the issuance of Notice of Rejection, or following the Claims Administrator’s resolution of any requests for reconsideration thereto under Section 4.03(F). If such Program Participant undertakes an appeal to the Special Master of the Claims Administrator’s reconsideration decision pursuant to Section 5.04, Organon may file the Stipulation of Dismissal at any time following the Special Master’s determination on appeal, provided 2. For Program Participants who are determined by the Claims Administrator to have Eligible Claims and whose Claims are submitted to the PCRC pursuant to Sections 3.05(B) and 3.06, but who are determined by the PCRC not to be entitled to any compensation under the Program, Organon may file the Stipulation of Dismissal at any time after the Program Participant is so notified. 3. For Program Participants who are determined by the Claims Administrator to have Eligible Claims, whose Claims are submitted to the PCRC pursuant to Sections 3.05(B) and 3.06, and who are allocated a Settlement Payment by the PCRC, Organon may file the Stipulation of Dismissal at any time following the payment of a Settlement Award to that Program Participant from the Qualified Settlement Fund. (B) If there is an uncured deficiency relating to the Stipulation of Dismissal, Organon is entitled to move to dismiss the Program Participant’s case with prejudice following the Cure Deadline, pursuant to Section 3.05.

DISMISSALS, DISCLAIMERS, AND RELEASES. Section 7.01 Dismissals (A) Following the payment by Organon of the Settlement Funds into the Qualified Settlement Fund, the Defendants are entitled to dismissal with prejudice of the Claims of all MDL Claimants, NJ Coordinated Proceeding Claimants, Other Federal Court Claimants and Other State Court Claimants that opt in to the Program, and Organon may file with the relevant court the Stipulation of Dismissal submitted with the Claim Packages of each Program Participant in accordance with the following: 1. For Program Participants who are sent a Notice of Rejection by the Claims Administrator pursuant to Section 3.05(F) due to uncured Claim Package deficiencies, Organon may file the Stipulation of Dismissal provided by that Program Participant with the relevant court at any time following the fifteenth (15th) day after the issuance of Notice of Rejection, or following the Claims Administrator’s resolution of any requests for reconsideration thereto under Section 4.03(F). If such Program Participant undertakes an appeal to the Special Master of the Claims Administrator’s reconsideration decision pursuant to Section 5.04, Organon may file the Stipulation of Dismissal at any time following the Special Master’s determination on appeal, provided 2. For Program Participants who are determined by the Claims Administrator to have Eligible Claims and whose Claims are submitted to the PCRC pursuant to Sections 3.05(B) and 3.06, but who are determined by the PCRC not to be entitled to any compensation under the Program, Organon may file the Stipulation of Dismissal at any time after the Program Participant is so notified. 3. For Program Participants who are determined by the Claims Administrator to have Eligible Claims, whose Claims are submitted to the PCRC pursuant to Sections 3.05(B) and 3.06, and who are allocated a Settlement Payment by the PCRC, Organon may file the Stipulation of Dismissal at any time following the payment of a Settlement Award to that Program Participant from the Qualified Settlement Fund. (B) If there is an uncured deficiency relating to the Stipulation of Dismissal, Organon Xxxxxxx is entitled to move to dismiss the Program Participant’s case with prejudice following the Cure Deadline, pursuant to Section 3.05.