Stipulated Dismissal. The Parties agree to direct their counsel to file with the Court a joint motion for dismissal with prejudice of the Parties’ respective claims for relief against the other Party in Litigation I as set forth in Exhibit A within five (5) days after the receipt of payment specified in Section 3.1. The Parties shall promptly proceed with any and all additional procedures needed to dismiss with prejudice the Parties’ respective claims for relief against the other Party in Litigation I.
Stipulated Dismissal. Xxxxxx shall cause her attorney(s) to prepare and file a stipulated dismissal of the Litigation with prejudice, no later than five (5) calendar days after full execution of this Agreement.
Stipulated Dismissal. Upon the execution of this Agreement, PGI and SHFL shall execute and deliver a stipulated dismissal, in the form of Exhibit 10 attached hereto, dismissing all claims and [SETTLEMENT AGREEMENT] 1 counterclaims in the Lawsuits between PGI and SHFL without prejudice and all claims and counterclaims in the Lawsuits against all parties other than SHFL and PGI with prejudice. The stipulated dismissals shall not be filed with any court until all Consent Decrees are filed and entered.
Stipulated Dismissal. Within three (3) business days of the Effective Date, the parties shall file with the respective Courts Stipulated Dismissals with prejudice substantially in the form attached hereto as Exhibits 1 and 2.
Stipulated Dismissal. Upon execution of this Agreement by the parties, counsel for the parties shall execute Stipulations of Dismissal substantially in the form attached hereto as Exhibits A and B, and shall, not later than seven (7) business days after the execution of this Agreement, present the same to the appropriate Courts for approval and filing. If modified versions of such documents are later required to accomplish the purposes of such documents, the parties shall diligently cooperate in the preparation, execution and filing of such modified versions.
Stipulated Dismissal. Plaintiff and counterclaim defendant Xxxx Incorporated (“Xxxx”) and Defendant and counterclaim plaintiff Endologix, Inc. (“Endologix”) have reached a settlement of this case (including all claims and counterclaims). The parties have agreed to the entry of this Stipulated Dismissal with Prejudice including the terms and conditions set forth below. IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their respective counsel of record, as follows:
Stipulated Dismissal. On the Signing Date, Assertio and the Purdue Entities will execute or cause their attorneys of record in the Civil Action to execute and deliver to counsel for the Purdue Entities signed copies of a Stipulated Dismissal in the form attached as Exhibit A to this Agreement. Counsel for Purdue shall cause the signed Stipulated Dismissal to be filed with the District Court upon receipt of electronic notice to Xxxxxx.Xxxxxxxxxxxx@xxxxxx.xxx and Xxx.Xxxxx@xxxxxx.xxx at Purdue Pharma from Assertio that Assertio has received the payment provided for in Section 3(i). The Stipulated Dismissal will dismiss the claims and counterclaims brought in the Civil Action with prejudice, with each side to bear its own attorney’s fees and costs.
Stipulated Dismissal. Upon execution of this Agreement, Defendants shall dismiss the Cross-Complaint as against OTR with prejudice. Said dismissal shall not constitute a retraxit of any claims against Hollxxx, Xxnaxxx Xxxrxxxxx xx any of their respective shareholders, officers, directors, employees, agents, representatives predecessors, successors, heirs or assigns (hereinafter collectively the "Donaxxx Xxxrxxxxx Xxxup.") Upon full and timely payment of the amounts set forth in Paragraph 1, above, OTR shall file a dismissal of its Complaint against Defendants with prejudice. The Court shall retain jurisdiction over the parties to enforce this Agreement pursuant to Code of Civil Procedure section 664.6.
Stipulated Dismissal. Within three (3) business days of the receipt of the release fee payment specified in Section 5.1, the parties shall file with the Court a Stipulated Dismissal with prejudice substantially in the form attached hereto as Exhibit 1 and LICENSOR shall send a letter to the Special Discovery Master substantially in the form attached hereto as Exhibit 2. In addition. LICENSEE need not produce the documents that are the subject of Special Discovery Master Order No. 5 and LICENSEE’s objections thereto (DI 362).
Stipulated Dismissal. Promptly upon the effective date of this Agreement, counsel for the respective parties in the Levy Action and the Xxxxx Action shall dismiss with prejudice all aspects of those litigations, including all claims and defenses, by executing a Stipulation and Order of Dismissal in the form attached hereto as Exhibits A and B, and shall, not later than ten (10) days thereafter, present the same to the Court for approval and filing.
