Stipulations of Dismissal Sample Clauses

Stipulations of Dismissal. The parties hereto agree that the Stipulation of Dismissal in the Delaware Action constitutes a termination of the Status Quo Agreement and Order entered on August 20, 2002.ARTICLE IV
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Stipulations of Dismissal. Within 5 business days of the complete and final execution of this Agreement, the Settling Parties shall file stipulations and/or documentation necessary to cause each of the Pending Lawsuits to be dismissed with prejudice, with each party to bear its own attorneys’ fees and costs. Except for claims resulting from an alleged breach of this Agreement, the Settling Parties covenant and agree not to file or prosecute any claim based upon matters within the scope of the general releases contained in Paragraph 2, supra.
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Stipulations of Dismissal. 7.1 Simultaneously with the execution of this Settlement Agreement, Xxxxxxx and the UMWA will cause their counsel to provide authority to file a stipulation of dismissal substantially in the form attached hereto as Exhibit D (the “Missouri Stipulation”). On or before three (3) business days after the Effective Date, Peabody shall file the Missouri Stipulation in the Missouri Adversary Proceeding.
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Stipulations of Dismissal. Upon the effective date of this Agreement as to Sponsor, Sponsor, Tie, the Company, TTT and TieTek shall enter into and deliver the Settlement Agreement and Full, Final and Complete Release respecting Cause No. 04-0631 in the District Court of Xxxxxx County, Texas, 71st Judicial District and the Arbitration Case No. 70B 180 00441 04 before the American Arbitration Association (Houston District) in the form attached hereto as Annex A and the Settlement Agreement and Full Final and Complete Release between Sponsor and Xxxxxx respecting Cause No. 2004-31442 in the District Court of Xxxxxx County, Texas, 189th Judicial District.
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Stipulations of Dismissal. On or as soon as practical after the Release Effective Date, the Trust and Fleet National Bank shall (i) file all documents required by the Federal Rules of Appellate Procedure and the Local Rules of Court to effect the prompt dismissal, with prejudice and without cost to any Party of the Trust’s appeal to the United States Court of Appeals for the Second Circuit in Case No. 09-0799-BK(L) and related Case Nos. 09-0808- BK(CON) and 09-0810-BK(CON) as to Fleet National Bank and (ii) file all documents required by the Federal Rules of Civil Procedure and the Local Rules of the Court to effect the prompt dismissal with prejudice and without costs to any Party of all remaining claims pending against Fleet National Bank in the United States District Court for the Western District of New York in Case No. 1:09-cv-00215-RJA and related cases 1:07-cv-00553 RJA, 1:07-cv-00554 RJA, and 1:07-cv-00555 RJA. On or as soon as practical after the Release Effective Date, the parties will file a stipulation of dismissal dismissing the Action with prejudice and without cost to any Party.
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Stipulations of Dismissal. By November 17, 1997, T Cell and Forest City, by their respective counsel, shall execute stipulations of dismissal of the Forest City Action and the PNC Action in the forms attached hereto as Exhibits "H" and "I." Also by November 17, 1997, Forest City shall have obtained the signature of counsel for PNC on the stipulation of dismissal of the PNC Action, in the form attached hereto as Exhibit "I." Forest City shall promptly deliver both stipulations, executed on behalf of Forest City and PNC as required, to counsel for T Cell, Xxxx X. Xxxxxxxxx. T Cell, through its counsel, shall arrange for Federal Insurance Company, an intervenor in the Forest City Action, also to execute the stipulation of dismissal of that case. T Cell, through its counsel, shall arrange to file the fully-executed stipulations of dismissal of the Forest City Action and the PNC Action with the Superior Court for Middlesex and Norfolk Counties, respectively.
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Related to Stipulations of Dismissal

  • Dismissal with Prejudice The Class Action and all Released Claims shall be dismissed with prejudice.

  • Notice and Defense of Claims As soon as reasonably practicable after receipt by the Indemnified Party of notice of any liability or claim incurred by or asserted against the Indemnified Party that is subject to indemnification under this Article III, the Indemnified Party shall give notice thereof to Contributor, including liabilities or claims to be applied against the indemnification deductible established pursuant to Section 3.4 hereof; provided that failure to give notice to Contributor will not relieve Contributor from any liability that it may have to any Indemnified Party, unless, and only to the extent that, such failure (a) shall have caused prejudice to the defense of such claim or (b) shall have materially increased the costs or potential liability of Contributor by reason of the inability or failure of Contributor (due to such lack of prompt notice) to be involved in any investigations or negotiations regarding any such claim. Such notice shall describe in reasonable detail the facts known to such Indemnified Party giving rise to such claim, and the amount or good faith estimate of the amount of Losses arising therefrom. Unless prohibited by law, such Indemnified Party shall deliver to Contributor, promptly after such Indemnified Party’s receipt thereof, copies of all notices and documents received by such Indemnified Party relating to such claim. The Indemnified Party shall permit Contributor, at Contributor’s option and expense, to assume the defense of any such claim by counsel selected by Contributor and reasonably satisfactory to the Indemnified Party, and to settle or otherwise dispose of the same; provided, however, that the Indemnified Party may at all times participate in such defense at its sole expense; and provided further, however, that Contributor shall not, in defense of any such claim, except with the prior written consent of the Indemnified Party in its sole and absolute discretion, consent to the entry of any judgment or enter into any settlement that does not include as an unconditional term thereof the giving by the claimant or plaintiff in question to all Indemnified Parties a full and complete release of all liabilities in respect of such claims, or that does not result only in the payment of money damages which are paid (or deemed paid) in full by Contributor. If Contributor shall not have undertaken such defense within 20 days after such notice, or within such shorter time as may be reasonable under the circumstances to the extent required by applicable law, then the Indemnified Party shall have the right to undertake the defense, compromise or settlement of such liability or claim on behalf of and for the account of Contributor and at Contributor’s sole cost and expense (subject to the limitations in Section 3.4 hereof).

  • Procedures for Notification and Defense of Claim (a) Indemnitee shall notify the Company in writing of any matter with respect to which Indemnitee intends to seek indemnification or advancement of Expenses as soon as reasonably practicable following the receipt by Indemnitee of notice thereof. The written notification to the Company shall include, in reasonable detail, a description of the nature of the Proceeding and the facts underlying the Proceeding. The failure by Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee hereunder or otherwise than under this Agreement, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights, except to the extent that such failure or delay materially prejudices the Company.

  • Notice of Litigation and Judgments The Borrower will, and will cause each of its Subsidiaries to, give notice to the Administrative Agent and each of the Lenders in writing within thirty (30) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a Material Adverse Effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Administrative Agent, in writing, in form and detail satisfactory to the Administrative Agent, within ten (10) days of any final judgment not covered by insurance, against the Borrower or any of its Subsidiaries in an amount in excess of $5,000,000.

  • Term of Letters of Understanding All central letters of understanding appended to this agreement, or entered into after the execution of this agreement shall, unless otherwise stated therein, form part of the collective agreement, run concurrently with it, and have the same termination date as the agreement.

  • Notification and Defense of Claims The Indemnitee agrees promptly to notify the Indemnitor in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, or other document relating to any Proceeding or matter which may be subject to indemnification or advancement of Expenses covered hereunder, but the failure so to notify the Indemnitor will not relieve the Indemnitor from any liability that the Indemnitor may have to Indemnitee under this Agreement unless the Indemnitor is materially prejudiced thereby. With respect to any such Proceeding as to which Indemnitee notifies the Indemnitor of the commencement thereof:

  • Dismissals A dismissed employee is one whose service is terminated for any reason other than transfer, resignation, lay-off (or work completed for temporary or term employees), voluntary retirement or death. 5 In the event the Company warns, demotes, suspends, or dismisses any employee, the Union may appeal such action pursuant to the provisions of Article 9 (Grievance Procedure) of this Agreement.

  • CLASS ACTION AND JURY TRIAL WAIVER Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing Respondent would possess the right to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify on Respondent’s own behalf, to contest the allegations, to present oral argument, and to appeal to the courts. Further, Respondent fully understands the nature, quality, and dimensions of these rights. Respondent understands that by signing this Settlement Agreement,

  • Stipulations The Parties stipulate to the following:

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