Common use of Use of Dismissal with Prejudice Stipulations and Releases Clause in Contracts

Use of Dismissal with Prejudice Stipulations and Releases. 12.3.1 The Claims Processor shall retain control of the Release and Dismissal With Prejudice Stipulation of each Enrolled Claimant until such time as (a) HOC’s Walk Away Rights shall have expired without HOC exercising any such Walk Away Rights, including the right described in Section 16.2, and (b) any such Net Base Award or CUI Award has been funded to the Escrow Account pursuant to the Escrow Agreement, at which time such Dismissal With Prejudice Stipulation and such Enrolled Claimant’s Release shall be delivered to HOC (and, without limitation, HOC shall be free to file or cause to be filed such Dismissal With Prejudice Stipulation and/or Release in any relevant action or proceeding). 12.3.2 HOC shall not file the Dismissal With Prejudice Stipulation with the applicable court until the Enrolled Claimant has been qualified and accepted in the Settlement Program as a Settlement Program Claimant and HOC has funded that Claimant’s Base Award or CUI Award. Once HOC has funded the Settlement Program Claimant’s Base Award or CUI Award, under no circumstances can the Settlement Program Claimant (or his/her Principal Responsible Attorney) object to the dismissal of a filed lawsuit. For the avoidance of doubt, if a Qualified Claimant has bilateral Affected Products but only one was revised in a Qualified Revision Surgery, the unrevised hip will not be subject to the Dismissal With Prejudice Stipulation.

Use of Dismissal with Prejudice Stipulations and Releases. 12.3.1 10.3.1 The Claims Processor shall retain control of the Release and Dismissal With with Prejudice Stipulation of each Enrolled Claimant until such time as as: (a) HOC’s Walk Away Rights shall have expired without HOC exercising any such Walk Away Rights, including the right described in Section 16.2, 14.2; and (b) any such Net Base Award or CUI Award has been funded to the Escrow Account pursuant to the Escrow Agreement, at which time such Dismissal With with Prejudice Stipulation and such Enrolled Claimant’s Release shall be delivered to HOC (and, without limitation, HOC shall be free to file or cause to be filed such Dismissal With with Prejudice Stipulation and/or Release in any relevant action or proceeding). 12.3.2 10.3.2 HOC shall not file the Dismissal With with Prejudice Stipulation with the applicable court until the Enrolled Claimant has been qualified and accepted in the Settlement Program as a Settlement Program Qualified Claimant and HOC has funded that Claimant’s Base Award or CUI Award. Once HOC has funded the Settlement Program Qualified Claimant’s Base Award or CUI Award, under no circumstances can the Settlement Program Qualified Claimant (or his/her Principal Responsible Attorney) object to the dismissal of a filed lawsuit. For the avoidance of doubt, if a Qualified Claimant has bilateral Affected Products but only one was revised in a Qualified Revision Surgery, the unrevised hip will not be subject to the Dismissal With with Prejudice Stipulation.