Common use of Dismissal of the Actions Clause in Contracts

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.