Dismissals with Prejudice. 2.1. Upon receipt of the payment set forth in Paragraph 1.1 above, Televisa shall dismiss all of its claims against Univision in this Action with prejudice (including the Claims Dismissed Without Prejudice), except for Televisa’s Internet Claim and the Internet Issue. No dismissal with prejudice of any such claim shall in any way operate to apply to future conduct of the Parties under the Third PLA, the Amended Soccer Agreement, and any other agreement between the Parties as set forth in Paragraph 6 below, or in any way affect Televisa’s defense to Univision’s Tenth Claim for Relief in its Second Amended Counterclaims in this action.
2.2. Univision shall dismiss all of its counterclaims against Televisa in this Action (including but not limited to the counterclaims described in Paragraphs 9 and 21 and Exhibits I and S of the Fact Stipulation) with prejudice (including the Claims Dismissed Without Prejudice), except for its counterclaim asserting the Internet Issue. No dismissal with prejudice of any such claim shall in any way operate to apply to future conduct of the Parties under the Third PLA, the Amended Soccer Agreement, and any other agreement between the Parties as set forth in Paragraph 6 below, or in any way affect Univision’s defense to Televisa’s Internet Claim.
Dismissals with Prejudice. Nanogen hereby agrees to dismiss with prejudice its claims in the Action. Xxxxxxxxxx and CombiMatrix hereby agree to dismiss with prejudice their counterclaims in the Action. Nanogen, Xxxxxxxxxx and CombiMatrix each agree to sign the Stipulation for Dismissal with Prejudice of All Claims and Counter Claims attached hereto as EXHIBIT "A" within 24 hours after Nanogen's receipt of the CombiMatrix Capital Stock as required by Paragraph 3(c) below. CombiMatrix shall cause the stipulation to be filed with the Court, and shall provide the other parties with a filed-stamped copy of the Stipulation immediately upon receipt.
Dismissals with Prejudice. Within two (2) business days of receipt of the Payment set forth in Paragraph 1, the Overstock Parties shall dismiss with prejudice the Action and all of their claims therein. These dismissals shall result in the dismissal with prejudice of the entire Action.
Dismissals with Prejudice. Within five (5) business days of Reliance Parties receipt of the Settlement Payment: (i) RGG shall cause the Bxxxxxx Arbitration to be dismissed, with prejudice; (ii) the Reliance Parties and Pxxxxx shall cause the Pxxxxx Arbitration to be dismissed, with prejudice; and (iii) the Reliance Parties shall cause the Lxxxx Litigation to be dismissed, with prejudice. In each case, the Parties responsible for causing the aforementioned dismissals with prejudice shall state, to the AAA or the Court, as applicable, that each party to the arbitration or litigation shall bear its or his own fees and costs.
Dismissals with Prejudice. All claims of patent infringement in the ITC Investigation and the New York Case are dismissed with prejudice. In addition, all claims, counterclaims and/or defenses that were brought or could have been brought in the California Case as of the Effective Date are dismissed with prejudice, including without limitation any and all claims by either Party regarding the breach or failure to perform under the Realtek License Agreement prior to the Effective Date of this Agreement. Nothing in this Agreement affects any rights of either Party under the Realtek License Agreement for any breach that may occur after the Effective Date of this Agreement.
Dismissals with Prejudice. In consideration of this Agreement, the following legal proceedings shall be dismissed with prejudice by the initiating party, such dismissals and any necessary stipulations of the Parties to be exchanged on the Closing Date, unless otherwise provided herein:
A. Healthcare Conglomerate Associates LLC vs Tulare Regional Healthcare District dba Tulare Regional Medical Center, originally filed as Case No. BC 676133 in the Los Angeles Superior Court and now pending in the United States Bankruptcy Court, for the Eastern District of California, Fresno Division, Case No. 17-13797-9-B (i.e., the LASC Action). Dismissal with prejudice of the Complaint in the LASC Action will be filed by HCCA.
B. In the Bankruptcy Case, the Counterclaim filed as an adversary proceeding, Adv. Proc. No. 17-01095-B by the District against HCCA (i.e., the counterclaim in the LASC Action). Dismissal with prejudice of the Counterclaim and adversary proceeding in the LASC Action will be filed by the District.
C. In the Bankruptcy Case, the Complaint to Avoid Preferential Transfers, Fraudulent Conveyances and for Declaratory Relief filed as an adversary proceeding, Adv. Proc. No. 18-01005-B by the District against HCCA (i.e., the Preference Action). Dismissal with prejudice of the complaint and adversary proceeding in the Preference Action will be filed by the District.
D. In the Bankruptcy Case, the Notice of Secured Claim of Healthcare Conglomerate Associates, LLC, filed on November 14, 2017 by HCCA claiming a security interest in the accounts receivable generated by the District. HCCA will withdraw this notice and claim to the District’s accounts receivable on the Closing Date.
E. HCCA and the HCCA Parties shall withdraw all filed proofs of claims in the Bankruptcy Case.
Dismissals with Prejudice. Cxxxxxx and GHC hereby agree to dismiss with prejudice any and all claims in or pertaining to the Action. ADMH, Admiralty, and AMO hereby agree to dismiss with prejudice any and all counterclaims in or pertaining to the Action. ADMH, Admiralty, and AMO, and, Cxxxxxx and GHC each agree to sign a forgiveness of all notes between the parties and attached hereto as Exhibit "A" within 24 hours after Cxxxxxx 's receipt of the Ship’s title, in lieu of judicial foreclosure, as required by Paragraph 3(c) below.
Dismissals with Prejudice. Upon receipt by Plaintiffs' counsel of the sum set forth in Section 1 of this Agreement, the parties through their counsel shall file with the Jackson County Circuit Court a stipulation of dismissal with prejudicx xx xxeir claims and counterclaims in the Litigation in the form attached hereto as Exhibit D. The stipulation of dismissal shall provide that each of the parties shall bear their own respective costs, including but not limited to their attorneys' fees. The parties acknowledge that Block's dismissal of Count I of its counterclaims does not affect the validity or enforceability of a) the Franchisee's covenant not to compete contained in any major franchise agreement or b) any Exhibit B Agreements. In addition, plaintiffs JBW and Taxsavers, Inc. agree to join with Defendants in a stipulation to dismiss with prejudice the case numbered C.A. No. 4-00-CV-00488 WRW, now stayed and administratively closed in the United States District Court for the Eastern District of Arkansas.
Dismissals with Prejudice. Following entry of the order granting the Consent Motion to Cancel Easements pursuant to O.C.G.A. § 23-3-40 set forth in Paragraph 2 above, Plaintiffs and Defendants shall file a joint dismissal with prejudice to dismiss their claims and counterclaims in the Lawsuit.
Dismissals with Prejudice. The County Plaintiffs and Rite Aid will, concurrently with the full execution of this Agreement, execute Stipulations of Dismissal with Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2), to be so-ordered by the Court, and with all Parties to bear their own costs and attorneys’ fees, in the form annexed hereto as Exhibit A (Xxxxxxxxxx County), Exhibit B (Xxxx County), and Exhibit C (Durham County). Rite Aid shall promptly submit the executed Stipulations of Dismissal with Prejudice to the Court with a request that they be so-ordered but not filed. County Plaintiffs will hold the executed and so ordered Stipulations of Dismissal in escrow until the Advance Amount, as applicable under Paragraph 3, is paid in full to the County Plaintiffs and the funds clear the County Plaintiffs’ financial institutions. Rite Aid shall be entitled to declare this Agreement void ab initio in the event the Court declines to so order the dismissal of the Actions with prejudice as against Rite Aid. If Rite Aid does not declare this Agreement void ab initio and the Advance Amount, as applicable under Paragraph 3, is paid in full and clears the County Plaintiffs’ financial institutions, County Plaintiffs will file the executed and so-ordered Stipulations of Dismissal with Prejudice on the public docket. If the Advance Amount is not paid by Rite Aid or is paid and does not clear the County Plaintiffs’ financial institutions, County Plaintiffs will destroy the Stipulations of Dismissal with Prejudice.
