Dismissal of the Action. Promptly upon execution of this Agreement by the Parties and payment by Licensee of the payment required pursuant to Section 3.1(i)(1) of this Agreement, the Parties shall cause their respective legal counsel to execute a Stipulation of Dismissal With Prejudice under Rule 41 of the Federal Rules of Civil Procedure dismissing the Action with prejudice. Each Party will bear its own litigation costs and fees. The Stipulation of Dismissal will be in the attached hereto as Exhibit A.
Appears in 2 contracts
Samples: Agreement (Visual Sciences, Inc.), Agreement (Omniture, Inc.)
Dismissal of the Action. Promptly upon execution of this Agreement by the Parties and payment by Licensee of the payment required pursuant to Section 3.1(i)(1) of this AgreementParties, the Parties shall cause their respective legal counsel to execute a Stipulation of Dismissal With Prejudice under Rule 41 of the Federal Rules of Civil Procedure dismissing the Action with prejudice. Each Party will bear its own litigation costs and fees. The Stipulation of Dismissal will be in the form attached hereto as Exhibit A.
Appears in 2 contracts
Samples: Settlement and Patent License (Omniture, Inc.), Settlement and Patent License Agreement (Omniture, Inc.)