STIPULATED ORDER OF DISMISSAL Sample Clauses

STIPULATED ORDER OF DISMISSAL. The Court has entered the Stipulated Order of Dismissal substantially in the form of Exhibit B, attached hereto.
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STIPULATED ORDER OF DISMISSAL. After Court approval of the apportionment and satisfaction of all Conditions other than the Stipulated Order of Dismissal, the Parties agree to propose a Stipulated Order of Dismissal in substantially the form attached hereto as Exhibit B, by which the Parties will request the dismissal with prejudice of the AGO Complaint and the Action.
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STIPULATED ORDER OF DISMISSAL. Pursuant to a settlement, the plaintiffs and defendant hereby stipulate and agree, and respectfully request that the Court Order:
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STIPULATED ORDER OF DISMISSAL. The parties have jointly moved the Court, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, to enter an Order dismissing with prejudice all claims brought in this Civil Action by the parties.
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STIPULATED ORDER OF DISMISSAL. The parties in the above-captioned consolidated cases having reached an agreement to dismiss all claims between them, with prejudice, each party to bear his or its own fees and costs, IT IS HEREBY ORDERED that all claims and counterclaims in Case No. 17 C 4478 and Case No. 18 C 2421 are dismissed with prejudice, each party to bear his or its own fees and costs. ENTER:
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STIPULATED ORDER OF DISMISSAL. On May 1, 2002, plaintiffs CHANGING WORLD TECHNOLOGIES, INC. (“CWT”) and RESOURCE RECOVERY CORP. (“RRC”), filed their complaint (the “Complaint”) against defendant Xxxx X. Xxxxxx (“Baskis”). On May 24, 2002, defendant Baskis filed his Answer and Counterclaims and Third-party Complaint (the “Countercomplaint”) containing counterclaims against CWT and RRC and third-party claims against AB-CWT LLC (“ABCWT”). On July , 2002, CWT, RRC, ABCWT, and Baskis entered into a Settlement Agreement (the “Settlement Agreement”), which provides, inter alia, for the entry of this Stipulated Order of Dismissal. Now, therefore, upon consent of CWT, RRC, ABCWT, and Baskis, and upon all prior proceedings herein, it is ORDERED, ADJUDGED AND DECREED that:
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STIPULATED ORDER OF DISMISSAL. Pursuant to Fed. R. Civ. P. 41, it is hereby stipulated by the parties, subject to the approval of the Court, that this action, is dismissed with prejudice subject to the terms of the Settlement and License Agreement executed on _________________, 2009.
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STIPULATED ORDER OF DISMISSAL. Pursuant to the provisions of Fed. R. Civ. P. 41, the parties, by and through their counsel of record, hereby dismiss all claims and counterclaims asserted by them in the above-styled actions. Each side will bear its own fees and costs.
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STIPULATED ORDER OF DISMISSAL. By this Agreement the parties intend to terminate this litigation. If the settlement is approved by the District Court, the proceeding will be dismissed in full with prejudice by stipulated order (“Stipulated Order of Dismissal”) pursuant to Federal Rules of Civil Procedure (“F.R.C.P.”) 41(a)(2). Damages claims of unnamed individual class members only will be exempted from the stipulated order as provided in Paragraph II(E), below.
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Related to STIPULATED ORDER OF DISMISSAL

  • 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.

  • Dismissal with Prejudice The Class Action and all Released Claims shall be dismissed with prejudice.

  • Interim Order As soon as reasonably practicable after the date of this Agreement, the Company shall apply, in a manner reasonably acceptable to the other Parties, pursuant to section 182 of the OBCA and, in cooperation with the other Parties, prepare, file and diligently pursue an application for the Interim Order, which shall provide, among other things: (a) for the classes of persons to whom notice is to be provided in respect of the Arrangement and the Company Meeting and for the manner in which such notice is to be provided; (b) that the required level of approval (the “Required Approval”) for the Arrangement Resolution shall be (i) two-thirds of the votes cast on the Arrangement Resolution by Company Shareholders present in person or represented by proxy at the Company Meeting; and (ii) a simple majority of the votes cast on the Arrangement Resolution by Company Shareholders present in person or represented by proxy at the Company Meeting, excluding for this purpose votes attached to Common Shares held by persons described in items (a) through (d) of section 8.1(2) of MI 61-101; (c) for the notice requirements with respect to the presentation of the application to the Court for the Final Order; (d) that the Company Meeting may be adjourned or postponed from time to time by the Company in accordance with the terms of this Agreement without the need for additional approval of the Court; (e) confirmation of the record date for the purposes of determining the Company Shareholders entitled to notice of and to vote at the Company Meeting in accordance with the Interim Order; (f) that the record date for the Company Shareholders entitled to notice of and to vote at the Company Meeting will not change in respect of any adjournment(s) of the Company Meeting, unless required by applicable Laws; (g) that, in all other respects, the terms, restrictions and conditions of the Company’s Constating Documents, including quorum requirements and all other matters, shall apply in respect of the Company Meeting; and (h) for such other matters as the Company may reasonably require, subject to obtaining the prior consent of the other Parties, such consent not to be unreasonably withheld, conditioned or delayed.

  • Stipulation The undersigned stipulates and agrees to the above findings fact and conclusions of law and waives its rights to administrative hearing and judicial review of the Commissioner’s Order.

  • Notice of Litigation and Judgments The Borrower will, and ---------------------------------- will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks in writing within fifteen (15) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a materially adverse effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will, and will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks, in writing, in form and detail satisfactory to the Agent, within ten (10) days of any judgment not covered by insurance, final or otherwise, against the Borrower or any of its Subsidiaries in an amount in excess of $1,000,000.

  • Final Order This Consent Agreement and Final Order, as agreed to by the parties, shall become effective immediately upon filing with the Regional Hearing Clerk. This Final Order concludes this proceeding pursuant to 40 C.F.R. §§ 22.18 and 22.31. IT IS SO ORDERED. XXX XXXXX Digitally signed by XXX XXXXX Date: 2022.04.14 09:47:24 -05'00' Xxx X. Xxxxx Regional Judicial Officer United States Environmental Protection Agency Region 5 In the Matter of: Ag Partners Cooperative Docket Number: FIFRA-05-2022-0006

  • Dispute Resolution Mandatory Arbitration Class Action Waiver SAMPLE (a) Claims Subject to Arbitration. Except as expressly provided below, the parties agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement or a similar prior agreement, the Property or the relationship between Resident and Owner or Manager (including matters occurring prior to the date of this Agreement and disputes also involving third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Arbitrator’s Decision Within thirty (30) days after the appointment of the third arbitrator, the three (3) arbitrators shall decide whether the parties will use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant of their decision. The decision of the majority the three (3) arbitrators shall be binding on Landlord and Tenant.

  • Stipulated Facts For purposes of this Agreement only, the following constitutes a summary of facts by the EPA and SCDHEC upon which this Agreement is based. A. The DOE owns and operates the SRS. The SRS produces plutonium, tritium, and other special nuclear materials for national defense, for other governmental uses, and for civilian uses. The SRS is the nation's primary source of reactor-produced nuclear defense materials. Construction of the SRS began in 1951. The SRS is located near Aiken, South Carolina, and is approximately twenty-five (25) miles southeast of Augusta, Georgia. The SRS encompasses approximately three hundred (300) square miles. B. In March 1979, the SRS discontinued operation of seven (7) chemical, metal, and pesticide disposal pits. In 1984, under the approval and supervision of the State of South Carolina, the SRS excavated these pits and removed contaminated material. Additional groundwater monitoring xxxxx were installed. C. On December 19, 1979, pursuant to the State of South Carolina's regulations, the SRS notified the SCDHEC of SRS's hazardous waste management activities. The SRS submitted a copy of its notification to the EPA. D. In August 1980, pursuant to Section 3010 of RCRA, 42 U.S.C. § 6910, the SRS notified EPA of SRS's hazardous waste management activities and submitted a copy of the notification to the SCDHEC. E. On September 29, 1980, the SRS submitted "Part A" of its hazardous waste management permit application to the SCDHEC and EPA. Since that time, the SRS has modified its "Part A" to include new units or modifications to existing units. The SRS submitted "Part B" of its permit application on February 11, 1985. F. In February 1984, the SRS began groundwater corrective/remedial action by the use of an air stripper at the SRS M-Area. G. On May 8, 1984, the SRS prepared an assessment of its waste disposal sites and groundwater impacts (Technical Summary Groundwater Quality Protection Program at Savannah River Plant). H. On May 31, 1984, the DOE notified the EPA of potential CERCLA sites at DOE facilities, including the SRS. I. On January 7, 1987, the SRS submitted to EPA a document entitled, "Waste Management Units - Savannah River Plant," which contained a listing of solid waste management units (SWMUs) on the SRS. The SWMUs list is revised annually and provided to EPA and SCDHEC. J. On September 30, 1987, the SCDHEC and EPA issued a RCRA permit for the SRS. The Federal RCRA permit requires the SRS to initiate RFIs for listed SWMUs under the authority of RCRA Sections 3004(u) and (v). The State Hazardous Waste permit contains similar conditions under Section 44-56- 10, et seq., of the Hazardous Waste Management Act. The list of SWMUs was revised on May 30, 1990, to include a total of eighty-one (81) SWMUs. K. On October 16, 1987, the SRS submitted to EPA draft Hazard Ranking System (HRS) scores and supporting information for sixty-six (66) potential sites on the SRS. On April 28, 1988, the SRS submitted to EPA its Preliminary Assessments for these sites. L. In December 1987, the SRS published its final environmental impact statement (EIS), entitled, "Waste Management Activities for Groundwater Protection: Savannah River Plant; Aiken, South Carolina." The purpose of the EIS was to identify and select a waste management strategy for the treatment, storage, and disposal of hazardous, radioactive, and mixed wastes. M. On May 2, 1988, the SRS submitted an RFI Program Plan to EPA and SCDHEC pursuant to its RCRA permit. On September 6, 1989, EPA conditionally approved the RFI Program Plan. N. On July 14, 1989, EPA proposed the SRS for inclusion on the NPL at 40 CFR Part 300 (54 Federal Register 29820). O. On November 21, 1989, EPA finalized the SRS on the NPL at 40 CFR Part 300 (54 Federal Register 48184), which became effective on December 21, 1989. P. The SRS is engaged in the generation, treatment, storage, and disposal of hazardous wastes as defined in RCRA, 42 U.S.C. §§ 6901, et seq., and as defined in the HWMA, S.C. Code Xxx. §§ 44-56-10, et seq. (Supp 1988). Q. The SRS releases, has released, and threatens to release hazardous substances, pollutants or contaminants into the environment, as defined in CERCLA, 42 U.S.C. §§ 9601, et seq. R. Hazardous constituents, as defined by RCRA, and hazardous substances as defined by CERCLA, are present in the environment at the SRS.

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