Dismissal of the Actions Clause Samples
The 'Dismissal of the Actions' clause defines the process by which ongoing legal actions or claims between the parties are formally ended or withdrawn. Typically, this clause requires the parties to take specific steps, such as filing a notice of dismissal with the relevant court or tribunal, once a settlement or agreement has been reached. Its core practical function is to ensure that all disputes covered by the agreement are conclusively resolved, preventing further litigation on the same matters and providing finality to the parties involved.
Dismissal of the Actions. (1) As of the Effective Date, the Ontario Action shall be dismissed as against the Defendants with prejudice and without costs and the Quebec Action shall be declared settled out of court in capital, all applicable taxes, interest and costs.
Dismissal of the Actions. (1) Except as otherwise provided in the Agreement and the Second Order, and as a condition of Settlement, the Ontario Action shall be dismissed without costs and with prejudice.
(2) Except as otherwise provided in the Agreement and the Second Order, the Québec Action shall be settled, without costs and without reservation as against the Defendants.
Dismissal of the Actions. 5.1 Within five business days after the complete execution and delivery of this Agreement, TRC and Tower shall cause their respective counsel to endorse and file the Stipulations of Dismissal with Prejudice attached as Appendix A to cause all of their claims and counterclaims in the Actions with respect to each other and Fedders to be dismissed with prejudice. The Stipulations may be amended to the extent necessary to comply with local rules.
Dismissal of the Actions. The Parties shall have their counsel execute and submit a Stipulation and [Proposed] Order of Dismissal of the Actions in the form attached as Exhibit A within three (3) business days of the payment specified in Section 5.1 of this Agreement. The Parties agree that the Stipulation and [Proposed] Order of Dismissal shall not preclude the right of Incyte to bring suit against Gene Logic or Gene Logic's Affiliates in the United States District Court for the Northern District of California if this Agreement is breached by Gene Logic in one or more causes of action including an action for infringement of the Licensed Patents, and an action for breach of contract. The Parties agree that the stipulation and [Proposed] Order of Dismissal shall not preclude the right of Gene Logic to bring suit against Incyte in the United States District Court for the Northern District of California if this Agreement is breached by Incyte in one or more causes of action, including an action for breach of contract.
Dismissal of the Actions. Real agrees that as soon as possible and in any event within five (5) business days of the Effective Date and provided that Real has received payment of the amount set forth in Section 4, Real shall take all steps necessary to conclude its participation in the Actions with finality, with prejudice and with each Party to bear its own costs and attorneys' fees, including without limitation:
a. In the U.S.: Filing a stipulation of dismissal with prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, each Party to bear its own attorneys' fees and costs. The Parties agree to execute and file a stipulation in the form attached hereto as Exhibit A.
b. In the EU: Submitting a formal notice of withdrawal from the Actions in Europe.
Dismissal of the Actions. The Parties acknowledge that by order of the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇ dated February 24, 2023, the Actions have been dismissed without prejudice, and that this Agreement fully and finally resolves any claims that were, or which could have been, raised in any of the Actions. Accordingly, the Parties agree that within five (5) business days after receipt of the Payment, Plaintiffs will submit a proposed stipulated order to the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇ requesting that the Actions be dismissed with prejudice. The Parties shall bear their own respective costs (including without limitation attorneys’ fees) in the Actions.
Dismissal of the Actions. Upon the Effective Date, to the extent permitted by Applicable Law, the Parties shall (i) cause, through their respective counsel, the dismissal, with prejudice, of all claims and counterclaims asserted by and between them in the Actions, within three (3) business days following the earlier of (A) receipt by Conformis of the Initial Payment and (B) the expiration of any litigation stay, with extensions, granted by the court in respect of the Actions and (ii) take all reasonable actions to facilitate the execution and entry of all applicable dismissals. Neither Party shall take any action to oppose the district court’s entry of dismissal, nor subsequently take any action to vacate or modify or appeal from dismissal of each of the Actions. If the district court refuses to enter any agreed form of dismissal, the Parties and their respective counsel shall cooperate to prepare, execute and lodge a revised form of dismissal mutually acceptable to the Parties and to the district court. Each of the Parties shall bear its own costs and attorneys’ fees associated with the Actions.
Dismissal of the Actions. 3.1 This Settlement is conditioned on the dismissal with prejudice of all of the Actions.
3.2 Within two (2) business days of the Judgment approving the Settlement in the Reviewing Court, Plaintiffs in each of the other Actions will file the appropriate papers to move to voluntarily dismiss their respective Actions with prejudice.
3.3 Attached as Exhibits J-O are agreed forms of the moving papers that will be filed in each of the other Actions to move for a voluntary dismissal with prejudice of the respective Actions.
3.4 If a court in any of the other Actions declines to grant a voluntary dismissal of that Action after the issuance of the Judgment approving the Settlement in the Reviewing Court, Plaintiff(s) in that Action agree to cooperate in good faith with Defendants to attempt to persuade the court to dismiss the action based on the Judgment, and, if necessary, to approve a settlement in that other Action with terms that are materially the same as the Settlement approved in the Reviewing Court.
Dismissal of the Actions. As soon as practicable after the execution of the Partnership Purchase and Sale Agreement referred to in paragraph 2, Conseco, Conseco LLC, the Partnership, IGC, and Argosy, by and through their respective attorneys, shall sign and file stipulations of dismissal with prejudice of the Tippecanoe County Action, the Madison County Action, and any related appellate proceedings, with each party therein to bear its own costs and attorneys' fees. The parties to this Agreement also agree to execute and file any additional documents that may be necessary to effectuate the dismissal with prejudice of the Tippecanoe County Action, the Madison County Action, and any related appellate proceedings.
Dismissal of the Actions. If the Settlement contemplated by this Stipulation is approved by the Court, Delaware Co-Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B.