Dismissal of the Litigation Clause Samples

Dismissal of the Litigation. Upon this Settlement Agreement becoming final in 7 accordance with paragraph 5 above, all claims asserted against Endo by Plaintiffs in the Action 8 and by GEHA in Government Employees Health Association, Inc. v. Endo Pharmaceuticals Inc., 9 et al., No. 14-2180 (N.D. Cal.), shall be dismissed with prejudice.

Dismissal of the Litigation. 5.1 Independent of the releases described in Section 4, within three (3) business days after the State receives the wire transfer constituting the Settlement Payment, the State will file a Stipulation of Dismissal with Prejudice of the Action and an Order of Dismissal with Prejudice in the Superior Court of the State of Arizona, Maricopa County, in the form attached as Exhibit 5.

Dismissal of the Litigation. Upon execution of this Agreement, ENZO and DIGENE shall cause their attorneys to file the Joint Stipulation and Order of Dismissal with Prejudice, in identical form as Exhibit 2 attached hereto, and incorporated herein by reference, which shall be executed and filed with the Court in the Litigation within three (3) days after payment of the First Payment stated in paragraph 3.1 of this Agreement.

Dismissal of the Litigation. 20.1 Simultaneous with the execution of this License Agreement, the parties hereto shall execute the Settlement Agreement attached hereto as Appendix C. The parties hereto also agree to direct their respective counsel to effectuate the dismissal of the litigation pursuant to the Settlement Agreement.

Dismissal of the Litigation. Simultaneous with the execution and delivery of this Settlement Agreement, the Parties shall execute and file with the U.S. District Court for the Western District of Pennsylvania a Stipulation of Dismissal with Prejudice, (the form of which is attached hereto as Exhibit A), thereby dismissing with prejudice the Litigation as to the Alcoa Parties. Each Party shall bear its own costs and legal fees incurred in the Litigation as between the Parties.

Dismissal of the Litigation. Simultaneous with the execution of this Agreement, the Parties’ respective counsel shall execute a Stipulation of Dismissal dismissing the New York Action, with prejudice, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. The Parties’ respective counsel shall also execute a Stipulation of Dismissal dismissing the Tennessee Action, with prejudice, pursuant to Rule 41 of the Tennessee Rules of Civil Procedure. Counsel for Finish Line shall hold such stipulations in escrow pending receipt by Genesco of the funds and stock referenced in Paragraph 1, whereupon Finish Line shall cause such stipulations to be filed with the New York and Tennessee courts, respectively. Genesco will not oppose any request or motion to vacate the Court’s December 27, 2007 and January 2, 2008 Orders in the Tennessee Action.

Dismissal of the Litigation. Upon receipt of the Initial Payment referenced in Paragraph 1 above, counsel for the Parties shall file a Stipulation and Order of Dismissal in the form attached hereto as Exhibit “A”, dismissing The Litigation with prejudice, each party to bear its own costs and attorneys’ fees. The United States District Court for the Northern District of Alabama, Northeastern Division, shall retain jurisdiction for the enforcement of the Settlement Agreement and Releases.

Dismissal of the Litigation. Within five (5) business days of the Execution Date, the Parties and the Legacy Directors who are among the Defendants shall file with the Court an executed Stipulation of Voluntary Dismissal With Prejudice (the “Stipulation”), dismissing with prejudice all claims and counterclaims asserted in the Litigation. For the avoidance of doubt, the Stipulation shall include dismissal of all claims asserted by U▇▇▇▇ against all Individual Defendants without regard for whether such Individual Defendants are signatories to this Agreement. The Stipulation shall substantially follow the form of Exhibit A to this Agreement. Because some Individual Defendants are not parties to this Agreement, the Parties shall work in good faith to obtain all Individual Defendants’ consent to the Stipulation. If the Parties do not obtain all Individual Defendants’ consent within five (5) business days of the Execution Date, the Parties shall jointly file a letter to the Court requesting the Court enter an order substantially the same form as Exhibit A.

Dismissal of the Litigation. The parties, by and through counsel, shall within 15 days from the date of this Agreement file a stipulation of Dismissal with prejudice and take all other steps necessary to cause the Litigation to be dismissed with prejudice, with each side to bear its own costs.