Dismissal of the Civil Action Sample Clauses

Dismissal of the Civil Action. Within five (5) business days of the Effective Date of this Agreement, the Parties shall file a Stipulation of Dismissal pursuant to F.R.C.P. 41(a), dismissing with prejudice all claims and counterclaims made therein and specifying that all costs incurred therein (including attorneys’ and expert fees and expenses) shall be borne solely by the Party incurring such costs. Each of the Parties shall bear its own costs with regard to the Civil Action, such filings, and this Agreement. If Callidus fails to comply with Section 6.1 below, Callidus will not oppose a motion by Versata pursuant to Fed. R. Civ. R. 60(b)(3), 60(b)(5), and/or 60(b)(6) to seek relief from said dismissal.
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Dismissal of the Civil Action. The rights and obligations of the parties under this agreement are expressly contingent and conditioned on dismissal with prejudice of all claims encompassed by the Civil Action. To that end, Zirnis and the Board agree, authorize, and direct their attorneys to withdraw and dismiss with prejudice the Civil Action.
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Dismissal of the Civil Action. In connection with the execution of this Agreement, Versata shall direct its counsel to execute and deliver by hand delivery or overnight courier to Selectica’s local counsel Xxxxxxxxx X. XxXxxxx at Xxxxx XxXxxxxx a Stipulation of Dismissal pursuant to F.R.C.P. 41(a) in the form attached here as Exhibit B (the “Dismissal”), dismissing with prejudice all claims and counterclaims made therein and specifying that all costs incurred therein (including attorneys’ and expert fees and expenses) shall be borne solely by the Party incurring such costs. Each of the Parties shall bear its own costs with regard to the Lawsuit, such filings, and this Agreement. No Party shall file the Dismissal until Selectica has completed the transfer of the Lump Sum Amount to Versata in accordance with Section 5.2(a) of this Agreement. Following Selectica’s receipt of confirmation that Versata has received the wire transfer of the Lump Sum Amount in accordance with Section 5.2(a) of this Agreement and that such funds have been credited to Versata, Selectica shall then (and only then) be permitted to file Dismissal in the Civil Action. Versata shall provide Selectica and its counsel electronic and telephonic confirmation of the crediting of such funds within four (4) hours of such crediting, provided that Selectica notifies Xxxxx Xxxxx (000-000-0000 / xxxxx.xxxxx@xxxxxxx.xxx), Xxxx Xxxxxx (000-000-0000 / xxxx.xxxxxx@xxxxxxx.xxx), and Xxxxx Xxxx (000-000-0000 / xxxxx@xxxxxxxxxxx.xxx) that the wire has been sent. Such Dismissal shall not be operative and may, under no circumstances be filed, except in accordance with this Section 4.3. If Selectica files the Dismissal in violation of the provisions of this Section 4.3, then any dispute relating thereto shall be resolved in the Court where the Civil Action is pending. The Parties agree that the United States District Court for the Eastern District of Texas, Marshall Division shall have sole and exclusive jurisdiction over an action for violation of this Section 4.3, and Selectica submits to the jurisdiction of the Eastern District of Texas and consents to venue in such District for such purposes. Selectica further covenants not to initiate any action (for declaratory judgment or otherwise) relating to any dispute regarding this Section 4.3 in any venue or jurisdiction other than the Court in which the Civil Action is pending as of the Effective Date.
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Dismissal of the Civil Action. Deziel shall, as soon as practxxxxxx after the date of this Settlement Agreement, discharge the LIS PENDENS in full and dismiss the Civil Action with prejudice, with all parties paying their own costs and legal fees. Should the transfer agent for Shells Seafood require a court order discharging the LIS PENDENS, Deziel shall, as soon as practicaxxx, obtain that order and provide it to the transfer agent.
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Related to Dismissal of the Civil Action

  • 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.

  • Criminal or Civil Acts For a period of five years prior to the execution of this Agreement, no executive officer, director or principal stockholder of NB has been convicted of a felony crime, filed for personal bankruptcy, been the subject of a Securities and Exchange Commission (“Commission”) or NASD judgment or decree, or is currently the subject to an investigation in connection with any felony crime or Commission or NASD proceeding.

  • Approval of Actions FURTHER RESOLVED, that, without limiting the foregoing, the Authorized Officers are, and each of them hereby is, authorized and directed to proceed on behalf of the Corporation and to take all such steps as deemed necessary or appropriate, with the advice and assistance of counsel, to cause the Corporation to consummate the agreements referred to herein and to perform its obligations under such agreements; and FURTHER RESOLVED, that the Authorized Officers be, and each of them hereby is, authorized, empowered and directed on behalf of and in the name of the Corporation, to take or cause to be taken all such further actions and to execute and deliver or cause to be executed and delivered all such further agreements, amendments, documents, certificates, reports, schedules, applications, notices, letters and undertakings and to incur and pay all such fees and expenses as in their judgment shall be necessary, proper or desirable to carry into effect the purpose and intent of any and all of the foregoing resolutions, and that all actions heretofore taken by any officer or director of the Corporation in connection with the transactions contemplated by the agreements described herein are hereby approved, ratified and confirmed in all respects.

  • Soldiers' and Sailors' Civil Relief Act The Mortgagor has not notified the Seller, and the Seller has no knowledge of any relief requested or allowed to the Mortgagor under the Relief Act or any similar state statute;

  • Proceedings and Litigation No action, suit or proceeding shall have been commenced by any Person against any party hereto seeking to restrain or delay the purchase and sale of the Units or the other transactions contemplated by this Agreement or any of the other Transaction Documents.

  • 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.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Small Claims Court Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

  • Freedom of Action This Agreement is nonexclusive and either party may design, develop, manufacture, acquire or market competitive products or services. Buyer will independently establish prices for resale of Deliverables or Services and is not obligated to announce or market any Deliverables or Services and does not guarantee the success of its marketing efforts, if any.

  • Waiver of Civil Code Section 1542 (a) Executive understands and agrees that the release provided herein extends to all Claims released above whether known or unknown, suspected or unsuspected, which may be released as a matter of law. Executive expressly waives and relinquishes any and all rights he/she may have under California Civil Code section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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