Stay and Dismissal of Lawsuit. Upon execution of this Agreement, the Parties will lodge with the Court a stipulation in the form attached hereto as Exhibit D to stay this litigation in its entirety but for (1) resolution of Plaintiffs’ claim for an award of attorneys’ fees and costs as provided in paragraph 11, above; and (2) enforcement of this Agreement. Within fourteen (14) days after the resolution of Plaintiffs’ claim for an award of attorneys’ fees and costs, by agreement or Court order, the Parties shall execute a Stipulation of Dismissal With Prejudice of all claims by Plaintiff against Defendant in the form attached hereto as Exhibit E. It is understood that the stipulation for dismissal will recite a request that the Court retain jurisdiction to interpret and enforce this Agreement and any disputes arising hereunder.
Stay and Dismissal of Lawsuit. Upon execution of the Merger Agreement, all activities as between the parties in the prosecution and/or defense of the Lawsuit shall be immediately suspended and the Parties shall cause their counsel to prepare and file, within two (2) business days following the Effective Date, a joint motion to indefinitely stay the Lawsuit. The motion shall identify the Merger Agreement, shall make a formal request for an Order vacating all currently scheduled dates, including but not limited to (a) the remaining dates related to the briefing and hearing on all pending discovery motions and Akamai's motion for summary adjudication, (b) all other pretrial dates, and (c) the April 18, 2005 trial date, and shall further require the parties to notify the Court upon either (i) any Termination of the Merger Agreement pursuant to Article 10, or (ii) any Closing of the Transaction pursuant to Article 1 of the Merger Agreement. The joint motion shall also request that any such stay be automatically lifted, five (5) business days after notice to the Court of any Termination of the Merger Agreement pursuant to Article 10
