Dismissal of Pending Litigation. Within ten (10) days after the Effective Date, the Parties shall cause to be completed, executed and filed with the applicable court a stipulated dismissal with prejudice of the Pending Litigation consistent with this Agreement and in the form attached hereto as Attachment B (the “Dismissal”).
Dismissal of Pending Litigation. The parties shall submit to the Circuit Court of Xxxxxx County a Final Order of Dismissal in the Pending Litigation, dismissing the Pending Litigation with prejudice. Such Final Order of Dismissal shall incorporate therein a fully executed copy of this Agreement, shall provide for the release of the Lis Pendens recorded in Deed Book 1195, page 354, among the aforesaid land records, in connection with the Pending Litigation, and shall be substantially in the form of Exhibit F attached hereto.
Dismissal of Pending Litigation. Plaintiff, Defendant and Jackoboice shall sign the Stipulation attached hereto as Exhibit “3” and stipulate to the entry of the Order attached hereto as Exhibit “4”, which dismisses with prejudice all claims and counterclaims, and provides that the Court shall retain jurisdiction only for the purpose of enforcing this Settlement Agreement.* ___________________ * Information omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission.
Dismissal of Pending Litigation. Chembio and SDS will execute and file, within five business days of the effective date of this Agreement, a stipulation of dismissal in the form of Exhibit A hereto, dismissing the Pending Litigation. Nothing in this Agreement or in any of the Related Documents shall preclude any party from asserting res judicata, collateral estoppel, or law of the case with respect to any ruling(s) previously made in the Pending Litigation. Nothing herein shall grant any rights under any SDS Patents to Chembio for any products other than HIV Barrel Products.
Dismissal of Pending Litigation. Unimedia shall settle and compromise the litigation entitled UNIMEDIA S.A. V. HARMONY HOLDINGS, INC. AND XXXXXX XXXXXXXX, case no. CV 96-7109 JGD (RNBx), pending in the United States District Court for the Central District of California (the "Litigation"). On the date on which Unimedia confirms receipt of the funds that were wire transferred by OTR, Unimedia shall file a stipulation for dismissal, with prejudice, of the Litigation, which stipulation shall have been jointly executed by counsel for Unimedia, Harmony, and Xxxxxx Xxxxxxxx.
Dismissal of Pending Litigation. Upon the satisfaction of the condition specified in Section 1.4, the parties hereto promptly shall dismiss all Pending Litigation with prejudice and in no event later than the second business day following the satisfaction of such condition, and no party shall hereafter initiate or encourage any litigation, inquiry, challenge or other proceeding with respect to any matter encompassed within the Pending Litigation or covered by the Release attached hereto as Exhibit A.
Dismissal of Pending Litigation. The parties agree that this Settlement Agreement is expressly contingent upon the payment of $750,000.00 as provided and specified in Section 1 above, the execution of the mutual releases set forth herein and the stipulation of dismissal of the Delaware Action. Concurrently with the execution of this Agreement, the Parties shall execute the documents in the form attached as Exhibit 1 pursuant to which the Parties agree to dismiss the Delaware Action with prejudice including all claims and counterclaims, and any claim which could have been had or brought by and between the Parties arising from or connected with the Delaware Action, and the parties acknowledge the release and discharge of each other from any and all such claims.
Dismissal of Pending Litigation. Within ten (10) days of the full execution and adoption of this Agreement by the Parties, the Parties shall file a Joint Stipulation for Dismissal With Prejudice and Agreed Order for Dismissal With Prejudice in Xxxxxxx County case number 2019-CA-001285, with each of the Parties to bear their own attorneys’ fees and costs resulting from or related to Xxxxxxx County case number 2019-CA-001285.
Dismissal of Pending Litigation. 3.1 Schedule 3 hereto lists all litigation and other judicial or administrative proceedings known to T and O to be pending against a T Party or an O Party arising out of or related to the T-Bird Interest or relations between the T Parties and the O Parties ("PENDING CASES"). T and O agree to instruct their respective counsel to file or submit, as soon as reasonably practicable, those executed joint stipulations relating to the dismissal of the Pending Cases attached hereto (the "JOINT STIPULATIONS") in the relevant courts or administrative agencies where each of the Pending Cases is pending. O hereby irrevocably instructs T, and T agrees, to instruct counsel for T do Brasil to file all Joint Stipulations that it has executed in all Pending Cases where it is a party; provided that O shall be responsible for causing T do Brasil to prosecute all such Joint Stipulations after their initial filing. If a Joint Stipulation is not filed by a T Party or an O Party with respect to a particular proceeding within 30 days after the date hereof, the opposing Party in such proceeding may, on one business day's notice to the other Party in such proceeding, file a copy of this Release in such proceeding in lieu of such Joint Stipulation (together with a duly prepared and sworn Portuguese translation hereof, if required by applicable law). T and O agree to use their reasonable best efforts to cause the relevant court having jurisdiction over each Pending Case to homologate or otherwise approve, by a final order not subject to further appeal, the dismissal of such Pending Case (a "FINAL DISMISSAL") as soon as reasonably practicable after the date the Joint Stipulation relating to such Pending Case is filed.
Dismissal of Pending Litigation. Medaphis and the MMS Shareholders shall cause the litigation known as Jamex X. Xxxxxxx, xx. al., v. Medaphis 6 Corporation and Randxxxx Xxxxx, (X.D.N.Y.) 97 CIV 2849 (WHP) (the "Litigation") to be dismissed with prejudice as to all claims and counterclaims.
