STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE Sample Clauses

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED by and among the parties, through their undersigned counsel, that the claims and counterclaims in the above-captioned action are hereby dismissed with prejudice pursuant to Court of Chancery Rule 41(a)(1)(ii), with each party to bear its own costs and attorneys’ fees. MORRIS, NICHOLS, ARSHT & XXXXXXX LLP XXXXXXXX, XXXXXX & FINGER P.A. /s/ Xxxxx X. Xxxxxxx /s/ Xxxxxxx X. XxXxxxxxx
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. WEBSIDESTORY, INC., Defendant. Plaintiff NetRatings, Inc. (“NetRatings”), by its counsel Dxxxxx LLP, and Defendant WebSideStory, Inc. (“WebSideStory”), by its counsel Lxxxxx & Wxxxxxx LLP, hereby stipulate that they have reached a confidential settlement of the dispute that is the subject matter of the above-referenced action (the “Action”). Based upon such settlement, and upon the consent and approval of NetRatings and WebSideStory as indicated herein, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. The parties, Plaintiff NetRatings, Inc. (“NetRatings”), and Defendant Visual Sciences, LLC (“Visual Sciences”), by counsel, hereby stipulate that the above captioned action, and all claims asserted therein, should be dismissed with prejudice as to all parties pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. It is further stipulated that each party shall bear its own costs and attorneys fees associated with the litigation of this action. It is therefore: Ordered, that that this action, and all claims asserted therein, is dismissed with prejudice as to all parties pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure and that each party shall bear its own costs and attorneys fees associated with the litigation of this action. Date JUDGE: United States District Court Eastern District of Virginia NetRatings: Licensee: WE ASK FOR THIS: By Of counsel Mxxxxxx X. Xxxxxxxxx (VSB: 40440) Bxxxx X. Spain (VSB: 44567) Wxxxxxx & Sxxxxx, P.C. One Commercial Place 1000 Xxxx xx Xxxxxxx Xxxxxx Xxxxxxx, XX 00000 (000) 000-0000 (000) 000-0000 (facsimile) Fxxxxxxxx X. Xxxxxxx Sxxx X. Xxxxxx Axxxxxx Xxxxxx Xxxxx Raysman Mxxxxxxxx Xxxxxx & Sxxxxxx LLP, 900 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 (000) 000-0000 (000) 000-0000 (facsimile) Counsel for Netratings, Inc. By Of counsel Sxxxxxx X. Xxxxx (VSB: 25367) Kxxxxxx X. Xxxxx (VSB: 42640) Kxxxxxx & Cxxxxxx, P.C. 100 X. Xxxx Xxxxxx Xxxxxxx, XX 00000 (000) 000-0000 (000) 000-0000 (facsimile) NetRatings: Licensee: Mxxxxx X. Xxxxxxx Bxxxx X. Xxxxxxxxx Rothwell, Figg, Ernst & Mxxxxxx 1000 X Xxxxxx, X.X., Xxxxx 000 Xxxxxxxxxx X.X. 0000 (000) 000-0000 (000) 000-0000 (facsimile) Counsel for Visual Sciences, LLC NetRatings: Licensee: EXHIBIT B WIRE TRANSFER INFORMATION FOR NETRATINGS, INC. [ * ] * This information has been omitted pursuant to a request for confidential treatment under 24b-2 of the Exchange Act of 1934 and has been filed separately with the Securities and Exchange Commission. NetRatings: Licensee: EXHIBIT C ROYALTY STATEMENT Amount of Additional Royalty Payment for 2—: $ Licensee’s Revenue for 2—: $ NON-DISTRIBUTOR/AFFILIATE REVENUE Licensee’s Revenue from Licensed Standard Product Licensed Product Product Price Per Unit* Number of Units ** Licensee’s Standard Product Price Per Unit for Distribution to Non-Distributors/Affiliates is based on Licensee’s customary pricing policies and is an average per unit price for the identified Licensed Product for the applicable period. DISTRIBUTOR/AFFILIA...
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for plaintiff Empire Resorts, Inc. (“Empire Resorts”), defendant Xxxxxx Xxxxxxxxx, third-party defendants Kien Huat Realty III, Limited (“Kien Huat”), Kok Thay Xxx, Xxxxx Au Xxxx Yew, and G. Xxxxxxx Xxxxx (collectively, the “Parties”) that, pursuant to Federal Rule of Civil Procedure 41(a)(1), the Parties, by their undersigned counsel, hereby stipulate to the dismissal with prejudice of the claims asserted by plaintiff Empire Resorts against defendant Xxxxxx Xxxxxxxxx and to the counter claims and third-party claims asserted by Xxxxxx Xxxxxxxxx against Empire Resorts, Kien Huat, Kok Thay Xxx, Xxxxx Au Xxxx Yew and G. Xxxxxxx Xxxxx, without costs. Dated: New York, New York May __, 2010 Xxxx Xxxxx-Xxxxxxxx XXXXXX XXXXXXXX FROME XXXXXXXXXX & XXXXXXX LLP Attorney for Empire Resorts, Inc., G. Xxxxxxx Xxxxx and Colin Au Fook Yew Park Avenue Tower 00 Xxxx 00xx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (212) 451-2300 Xxx X. Xxxxxxxx XXXXXXXXX XXXXXXX XXXX & XXXXX LLP Attorney for Xxxxxx Xxxxxxxxx 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000-0000 (000) 000-0000 Xxxxxx Xxxxx XXXXXX XXXXXXXX XXXXX & XXXXXXXX LLP Attorney for Kien Huat & Kok Xxxx Xxx 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, XX 00000-0000 (000) 000-0000 SO ORDERED on May , 0000,
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. The parties hereto, acting by and through counsel, do hereby stipulate that this action, including all claims, defenses or counterclaims brought or which could have been brought, is hereby dismissed with prejudice, each party to bear its own costs. The Court shall retain jurisdiction to enforce the terms of the settlement entered into in this case. STIPULATED AND AGREED TO: __________________________________ __________________________________ Xxxxxx X. Xxxxxx (VSB #04612) Xxxxx X. Xxxx, Esq. Xxxxx X. Xxxxx (VSB #35997) Xxxxxx X. Xxxxxxx, Esq. HUNTON & XXXXXXXX LLP Xxxxx X. Xxxx, Esq. (VSB #42926) 0000 Xxxxxxxx Xxxxx, Xxxxx 0000 Xxxxx X. Xxxxxxxxx, Esq. XxXxxx, Xxxxxxxx 00000 HOWREY XXXXX XXXXXX & WHITE, LLP 0000 Xxxxxxxxxxxx Xxx., XX Xxxxxxxxxx, XX 00000 Attorneys for Defendant Ariba, Inc. Xxxxx X. Xxxxxxxxx Xxxxxxxx X. Xxxxxx Xxxxx X. Xxxxxxx (VSB #39581) HUNTON & XXXXXXXX LLP 0000 X Xxxxxx, X.X. Xxxxxxxxxx, XX 00000-0000 Attorneys for Plaintiff ePlus, Inc. DATED: February , 2005 SO ORDERED: United States District Court Judge EXHIBIT B MUTUAL RELEASE THIS MUTUAL RELEASE is entered into by Ariba, Inc. (“Ariba”), on the one hand, and ePlus, Inc. (“ePlus”), on the other hand.
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. The parties to the above-captioned matter, by and through their undersigned attorneys, hereby stipulate and agree to the dismissal of the action with prejudice in accordance with the terms of the Settlement Agreement dated as of October , 2008. FOX ROTHSCHILD LLP POTTER XXXXXXXX & XXXXXXX LLP Xxxxxxx X. Xxxxxxx, Esq. (# 2856) Xxxxxx X. Xxxxx, Esq. (# 285) Xxxxxx X. Xxxxxxxx, Esq. (# 3605) Xxxxxxx X. Xxxxxxxxx, Esq. (# 3212) Citizens Xxxx Xxxxxx, Xxxxx0000 Xxxxxxxx Xxxxx, 0xx Floor 000 Xxxxx Xxxxxx Xxxxxx 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, XX 00000-0000 Xxxxxxxxxx, XX 00000 Tel: (000) 000-0000 Tel: (000) 000-0000 OF COUNSEL: OF COUNSEL: Xxxxxxx X. Xxxxxxx-Xxxxx, Esq. Xxxxxxxx X. Xxxxxxxxx, Esq. May Xxxxxxxxx, Esq. XXXXXX XXXXXXXX XXXXX & XXXXXXXX LLP XXXXX XXXXXXX LLP Xxx Xxxxxxx Xxxxx Xxxxx Xxxxx Xxxxxx Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000 Tel: (000) 000-0000 Tel: (000) 000-0000 Counsel for Plaintiff The Bank of New York Mellon, solely in its capacity as Indenture Trustee for the Series B Floating Rate Convertible Senior Debentures Due 2037 Counsel for Defendant Countrywide Financial Corporation SO ORDERED this day of October, 2008. The Xxxxxxxxx Xxxxxx X. Parsons, Jr.
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. Pursuant to Rule 41 of the Federal Rules of Civil Procedure and Rule 8023 of the Federal Rules of Bankruptcy Procedure, the Plaintiffs/Appellants and the Defendants/Appellees, being all the parties who have appeared in the above-captioned action, by and through their counsel, stipulate and agree as follows:
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. IT IS HEREBY STIPULATED, AGREED and ORDERED by and between the undersigned attorneys for the parties herein that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the above-captioned action and all claims asserted therein against Xxxxxxx Xxxxxxx, Xxxx Xxx-Xxxxx, Xxxxxxx Xxxxxxxxxxx, and Xxxxxxxx Xxx are voluntarily dismissed with prejudice and without payments, attorneys’ fees, costs, disbursements or expenses to any party as against the other. Dated: August 11 , 2021 XXXXXX & COLLOTTA, P.C. Attorneys for Plaintiff Xxxxx Xxxxxx Xxxx X. Xxxxxx, Esq. 0 Xxxxxxxxx Xxxxx Xxxxxxx, Xxx Xxxx 00000 (631) 589-7242 xxxxxxx@xxxxxxxxxxx.xxx Case 1:18-cv-03629-KPF Document 153 Filed 08/13/21 Page 23 of 29 Case 1:18-cv-03629-KPF Document 153 Filed 08/13/21 Page 24 of 29 Exhibit C UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK XXXXX XXXXXX, Plaintiff, - against - NEW YORK STATE DEPARTMENT OF LABOR, Defendant. 18 CV 3629 (KPF) PLAINTIFF’S AFFIDAVIT REGARDING MEDICARE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Xxxxx Xxxxxx, being duly sworn, deposes and says:
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Related to STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.

  • Litigation and Unilateral Commencement of Arbitration Notwithstanding the foregoing provisions of this Article VII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.1, Section 7.2 and Section 7.3 if such action is reasonably necessary to avoid irreparable damage and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 7.2 and Section 7.3 if (i) such Party has submitted a Mediation Request or Arbitration Request, as applicable, and the other party has failed, within the applicable periods set forth in Section 7.3, to agree upon a date for the first mediation session to take place within thirty (30) days after the appointment of such mediator or such longer period as the Parties may agree to in writing or (ii) such Party has failed to comply with Section 7.3 in good faith with respect to commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR Arbitration Procedure.

  • Release of Claims Agreement The receipt of any severance payments or benefits pursuant to this Agreement is subject to Executive signing and not revoking a separation agreement and release of claims in a form mutually acceptable to the Company and Executive (the “Release”), which must become effective no later than the sixtieth (60th) day following Executive’s termination of employment (the “Release Deadline”), and if not, Executive will forfeit any right to severance payments or benefits under this Agreement. To become effective, the Release must be executed by Executive and any revocation periods (as required by statute, regulation, or otherwise) must have expired without Executive having revoked the Release. In addition, in no event will severance payments or benefits be paid or provided until the Release actually becomes effective. If the termination of employment occurs at a time during the calendar year where the Release Deadline could occur in the calendar year following the calendar year in which Executive’s termination of employment occurs, then any severance payments or benefits under this Agreement that would be considered Deferred Payments (as defined in Section 4(c)(i)) will be paid on the first payroll date to occur during the calendar year following the calendar year in which such termination occurs, or such later time as required by (i) the payment schedule applicable to each payment or benefit as set forth in Section 3, (ii) the date the Release becomes effective, or (iii) Section 4(c)(ii); provided that the first payment shall include all amounts that would have been paid to Executive if payment had commenced on the date of Executive’s termination of employment.

  • Release and Waiver of Claims In consideration of the severance payments and other benefits to which I have become entitled, pursuant to that certain letter agreement between Corsair Memory, Inc., a Delaware corporation (the “Company”), and myself dated , 20 (the “Severance Agreement”), in connection with the termination of my employment, I, , hereby furnish the Company with the following release and waiver (“Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, attorney fees, damages, indemnities and obligations of every kind and nature, in law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or relating to my employment with the Company and the termination of that employment, including (without limitation) claims of wrongful discharge, emotional distress, defamation, fraud, breach of contract, breach of the covenant of good faith and fair dealing, discrimination claims based on sex, age, race, national origin, disability or any other basis under Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), the Americans with Disability Act, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than the severance payments and benefits to which I am, pursuant to the express provisions of the Severance Agreement, entitled in connection with my termination of employment, my vested rights under the Company’s Section 401(k) Plan and any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This Release and Waiver does not pertain to any claims which may subsequently arise in connection with the Company’s default in any severance payment obligations under the Severance Agreement. I acknowledge that, among other rights subject to this Release and Waiver, I am hereby waiving and releasing any rights I may have under ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the right to consult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and if I am over 40 years old upon execution of this; (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this release and waiver (although I may choose voluntarily to execute this release and waiver earlier); (d) I have seven (7) days following the execution of this release and waiver to revoke my consent to this release and waiver; and (e) this release and waiver shall not be effective until the seven (7)-day revocation period has expired. Date: Signature: Print Name:

  • Procedures for Notification and Defense of Claim (a) Indemnitee shall notify the Company in writing of any matter with respect to which Indemnitee intends to seek indemnification or advancement of Expenses as soon as reasonably practicable following the receipt by Indemnitee of notice thereof. The written notification to the Company shall include, in reasonable detail, a description of the nature of the Proceeding and the facts underlying the Proceeding. The failure by Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee hereunder or otherwise than under this Agreement, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights, except to the extent that such failure or delay materially prejudices the Company.

  • General Release and Waiver of Claims (a) In exchange for the severance payments and benefits provided to you under this Agreement, to which you would not otherwise be entitled, and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, on your own behalf and that of your heirs, executors, administrators, beneficiaries, personal representatives, successors and assigns, and all others connected with or claiming through you, you agree that this Agreement shall be in complete and final settlement of any and all causes of action, suits, rights and claims, demands, damages and compensation, whether at law or in equity, whether now known or unknown, suspected or unsuspected, accrued or unaccrued, contingent or otherwise, which you have had in the past, now have, or might now have, against the Company or any of its Affiliates of any nature whatsoever, including but not limited to those in any way related to, connected with or arising out of your employment, its termination, or your other association with the Company or any of its Affiliates, whether pursuant to the Severance Plan or pursuant to Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act, the Employee Retirement Income Security Act, the wage and hour, wage payment and/or fair employment practices laws and statutes (each as amended from time to time) of the State of Arizona and any other states in which you have provided services to the Company or any of its Affiliates, and/or any other federal, state or local law, regulation or other requirement or otherwise (collectively, the “Claims”), and you hereby release and forever discharge the Company, its Affiliates and all of their respective past, present and future directors, shareholders, officers, members, managers, general and limited partners, employees, employee benefit plans, administrators, trustees, agents, representatives, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties”), from, and you hereby waive, any and all such Claims.

  • Indemnification and Release Resident (and Guarantor, if Resident is under age 18) agrees to indemnify and hold harmless Provider, University, and their respective directors, board members, agents, and employees from and against all claims, actions, judgments, damages, liabilities, costs, demands, losses, and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from or arising out of injury to the person or property of Resident or Resident’s guests while Resident resides in the Residence Facility, regardless of the cause (including, but not limited to, injury resulting from engagement, involvement, participation by Resident or any of Resident’s guests in any event sponsored by University or Provider) unless such injury is caused by the negligence or intentional misconduct of Provider, University, or their respective agents. Resident (and Guarantor, if Resident is under age 18) hereby release and forever discharge harmless Provider, University, and their respective directors, board members, agents, and employees from any and all demands, causes of action and/or judgments of whatsoever nature or character, past or future, known or unknown, whether in contract or tort, whether for personal injuries, property damage, payments, fees, expenses, or any other monies due or to become due, or damages of any kind or nature, and whether arising from common law or statute, arising out of, in any way, this Agreement and the use of the Residence Facility.

  • Procedure for Indemnification; Notification and Defense of Claim (a) Promptly after receipt by Indemnitee of notice of the commencement of any action, suit or proceeding, Indemnitee shall, if a claim in respect thereof is to be made against the Company hereunder, notify the Company in writing of the commencement thereof. The failure to promptly notify the Company of the commencement of the action, suit or proceeding, or of Indemnitee’s request for indemnification, will not relieve the Company from any liability that it may have to Indemnitee hereunder, except to the extent the Company is actually and materially prejudiced in its defense of such action, suit or proceeding as a result of such failure. To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request therefor including such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to enable the Company to determine whether and to what extent Indemnitee is entitled to indemnification.

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