Dismissal of the Action with Prejudice. The Parties agree that the Action shall be dismissed with prejudice. Within five (5) days of execution of this Agreement, the Parties shall execute five (5) copies of the Dismissal which shall be prepared by ActivX’s counsel. ActivX shall cause the Dismissal to be filed with the Court and shall provide each of the other Parties a file-stamped copy of the Dismissal as promptly as possible after receipt thereof.
Appears in 2 contracts
Sources: Settlement and Release Agreement (Phenomix CORP), Settlement and Release Agreement (Phenomix CORP)