Dismissal of Appeal Sample Clauses

Dismissal of Appeal. The parties consent to the submission of this Agreement to the Board and request that, based upon a full and final settlement having been reached, the Board dismiss this appeal with prejudice. Both parties further agree to bear their own costs and attorneys’ fees associated with this appeal.
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Dismissal of Appeal. Caroderm shall prepare and deliver a Stipulated Dismissal of Appeal ("Dismissal"), dismissing the Appeal with prejudice. Such Dismissal shall be filed with the Utah Court of Appeals on the Closing Date.
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Dismissal of Appeal. (a) Within four (4) business days following the Effective Date, FOCC shall execute and file with the Appellate Court a “Notice of Settlement of Appeal” in the form of attached Exhibit B (the “Notice”) in each of the two appeals comprising the Writ Action.
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Dismissal of Appeal. Upon execution of this Settlement Agreement, the Settling Parties commit to file a Joint Stipulation of Voluntary Dismissal of Appeal and Motion to Lift the Court’s March 3, 2022, Order of Stay (“Motion”) to the Massachusetts Supreme Judicial Court (“Court”). Such Motion will effect the withdrawal of the AGO’s pending appeal in Docket Numbers SJ-2021-0305 (Single Justice); SJ-2022-M003 (Single Justice); and SJC- 13235 (Full Court), in exchange for the National Grid and MA Operating Company commitments made herein. Each party shall bear its own Attorneys’ fees and costs.
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Dismissal of Appeal. The Log Foundation will voluntarily dismiss, with prejudice, SHB File No. 15-003c. The Log Foundation shall file its request for voluntary dismissal, with prejudice and without costs, by Friday, June 12, 2015. This settlement is contingent upon the entry by the Shorelines Hearings Board of a final order of dismissal, with prejudice and without costs. Another appeal to the MUP remains pending before the Shorelines Hearings Board. In the event the resolution of such appeal imposes new conditions on the MUP or remands the MUP to DPD, then this Agreement shall remain in effect. Notwithstanding the foregoing, this Agreement shall automatically terminate upon notice by Lake Union Investments to Appellants if Lake Union Investments has terminated the MUP and withdrawn the MUP application.
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Dismissal of Appeal. Th e dep ar tm e n t a l a ge n c y t o w h o m t h e a ppe a l ha s bee n m a de m ay dis m iss s u c h a ppe a l wi t h o u t i t s de t e r m i na t io n u po n r eq u es t of t h e p ar t y i n i t i a t i n g t h e a ppe a l o r fo r n o n co m pli an ce wi t h t h e r eg u l a t io n s i n t h is p ar t .
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Dismissal of Appeal. Upon full execution of this Settlement Agreement, Securus shall file a motion dismissing without prejudice its pending appeal. Securus shall be responsible for all appellate costs and fees due or payable in connection with its appeal.
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Dismissal of Appeal. HOMG and HMS hereby represent and warrant that the Appeal and Cross-Appeal have been dismissed with prejudice.
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Dismissal of Appeal. Buyer shall have executed and delivered a stipulation, in form satisfactory to the Sellers, dismissing Buyer's currently pending appeal, Case No. CV 03-4554 (C.
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Related to Dismissal of Appeal

  • 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.

  • Initiation of Appeal Following the entry of the Arbitration Award, either party (the “Appellant”) shall have a period of thirty (30) calendar days in which to notify the other party (the “Appellee”), in writing, that the Appellant elects to appeal (the “Appeal”) the Arbitration Award (such notice, an “Appeal Notice”) to a panel of arbitrators as provided in Paragraph 5.2 below. The date the Appellant delivers an Appeal Notice to the Appellee is referred to herein as the “Appeal Date”. The Appeal Notice must be delivered to the Appellee in accordance with the provisions of Paragraph 4.1 above with respect to delivery of an Arbitration Notice. In addition, together with delivery of the Appeal Notice to the Appellee, the Appellant must also pay for (and provide proof of such payment to the Appellee together with delivery of the Appeal Notice) a bond in the amount of 110% of the sum the Appellant owes to the Appellee as a result of the Arbitration Award the Appellant is appealing. In the event an Appellant delivers an Appeal Notice to the Appellee (together with proof of payment of the applicable bond) in compliance with the provisions of this Paragraph 5.1, the Appeal will occur as a matter of right and, except as specifically set forth herein, will not be further conditioned. In the event a party does not deliver an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline prescribed in this Paragraph 5.1, such party shall lose its right to appeal the Arbitration Award. If no party delivers an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline described in this Paragraph 5.1, the Arbitration Award shall be final. The parties acknowledge and agree that any Appeal shall be deemed part of the parties’ agreement to arbitrate for purposes of these Arbitration Provisions and the Arbitration Act.

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Arbitration Appeal A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office.

  • Appeal (1) An appeal against a decision of the Court of First Instance may be brought before the Court of Appeal by any party which has been unsuccessful, in whole or in part, in its submissions, within two months of the date of the notification of the decision.

  • Tax Appeals Purchaser acknowledges that certain of the Sellers, as identified on the Seller Information Schedule (the “Tax Appeal Sellers”) have filed appeals (each, an “Appeal”) with respect to real estate ad valorem or other similar property taxes applicable to the Tax Appeal Properties (the “Property Taxes”).

  • 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.

  • Dispute Resolution: Judgments Resolution of disputes arising under this Agreement shall be subject to the following terms and conditions:

  • Litigation and Judgments Except as specifically disclosed in Schedule 6.5 as of the date hereof, there is no action, suit, investigation, or proceeding before or by any Governmental Authority or arbitrator pending, or to the knowledge of Borrower, threatened against or affecting Borrower, any of its Subsidiaries, or any other Obligated Party that could, if adversely determined, result in a Material Adverse Event. There are no outstanding judgments against Borrower, any of its Subsidiaries, or any other Obligated Party.

  • Appeals a. Should the filer be dissatisfied with the Formal Dispute determination, a written appeal may be filed with the Chief Procurement Officer, by mail or email, using the following contact information: Chief Procurement Officer Procurement Services A Division of the Office of General Services 00xx Xxxxx, Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Email: xxxxxxxx.xxxxxxxx@xxx.xx.xxx Subject line: Appeal – Attn: Chief Procurement Officer

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