Dismissal of Action Sample Clauses
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Dismissal of Action. Upon execution of this Agreement, the parties shall dismiss the Action with prejudice with each party to bear its own costs and attorneys fees (except that ORCHID will pay 100% of the fees incurred with the mediation held in connection with the Action on June 14, 2002). The parties agree that this Agreement is entered into for the purpose of avoiding the expense and inconvenience of litigation, and that it is not to be construed as an admission of any sort by either party, except that ORCHID admits that U.S. Patent No. 5,846,710 is a valid patent.
Dismissal of Action. The Action, including all Class claims that have been asserted, is dismissed on the merits and with prejudice, without fees or costs to any Party except as provided in the Settlement Agreement.
Dismissal of Action. Concurrent with the execution of this agreement by all of the parties hereto, the parties will execute, through their respective attorneys, and file with the United States District Court a Request for Dismissal and proposed Order of Dismissal, in the form attached hereto as Exhibit D, requesting that the court dismiss the Complaint and Supplemental Complaint with prejudice with each party to bear its own attorneys' fees and costs. By executing this Settlement Agreement, the parties each hereby authorize and instruct their respective attorneys to execute and file the Request for Dismissal and proposed Order of Dismissal attached hereto.
Dismissal of Action. The Action shall have been dismissed with prejudice as against Defendants.
Dismissal of Action. On the same day as the Effective Date (as defined below), subsequent to SOS’s receipt of the Settlement Payment, SOS shall dismiss the Action with prejudice against all Defendants who signed the Settlement Agreement as of the Effective Date only. Thirty (30) days after the Effective Date, SOS will dismiss with prejudice any additional Defendants who have signed the Settlement Agreement within that period. All other Defendants shall be dismissed without prejudice at that time. The Parties shall cooperate at their own cost and expense as needed to finalize and file the documents necessary to effectuate the dismissal with prejudice. For avoidance of doubt, SOS may initiate legal proceedings against any Corporate Defendant for any breach of this Settlement Agreement only but, pursuant to Paragraph 5, shall not initiate any Claims or claim against the Defendants dismissed with prejudice where such Claims or claims were or could have been brought in the Action or arise from any business or commercial dealings before the Effective Date among or between SOS and the Defendants dismissed with prejudice.
Dismissal of Action. Upon final approval, the Court will enter a judgment of dismissal of the Case with prejudice, but shall retain jurisdiction to enforce the terms of the settlement.
Dismissal of Action. The Action shall have been dismissed with prejudice as against Defendants on the Effective Date of Settlement.
Dismissal of Action. The Settling Plaintiffs shall, within five (5) business days of payment of the Settlement Payment as set forth in Paragraph 3 herein, file a Stipulated Limited Judgment of Dismissal pursuant to ORCP 67B dismissing, with prejudice and without attorneys’ fees or costs, any and all claims relating to or arising out of the ▇▇▇▇▇▇ Creek Complex Fire, including any claims that have been asserted in the Action as well as any claims against any third party who might pursue indemnification from Settling Defendant. The Stipulated Limited Judgment of Dismissal shall be agreed upon by the Parties and filed by the Settling Plaintiffs.
Dismissal of Action. (1) As of the Effective Date, the Action shall be dismissed as against the Defendants with prejudice and without costs.
(2) The Parties agree to take such other steps as may be required by the Court to effect the dismissal of the Action.
Dismissal of Action. 7. Within 10 business days after this Agreement’s execution, the Parties shall file a joint motion with the Court notifying it of this Agreement and submit a proposed order (attached hereto as Exhibit A) seeking dismissal with prejudice of all claims in this action. If the Court does not enter such an order, this Agreement shall have no force or effect. Notwithstanding this dismissal of claims, however, the Plaintiffs shall have the right to reopen this action under the circumstances described in Paragraph 8 of this Agreement.