Dismissal Without Prejudice Clause Samples

Dismissal Without Prejudice. B▇▇▇ and Aelmore will file a Stipulation of Dismissal without Prejudice as to all claims in the Suit within ten (10) days of the effective date of this Mutual Settlement Agreement. B▇▇▇ and Aelmore agree that this Suit will not be re-filed until and unless St. J▇▇▇▇▇ fails to make payment as outlined above for a period of not less than sixty (60) days.

Dismissal Without Prejudice. (a) Not later than (i) three (3) business days after the Effective Date, the Settling Parties shall file a joint motion in the Federal Litigation to dismiss ▇▇▇▇▇▇ ▇▇▇▇▇’▇ claims against the City Parties and the City’s counterclaims against ▇▇▇▇▇▇ ▇▇▇▇▇; and (ii) thirty (30) days after the Effective Date, ▇▇▇▇▇▇ ▇▇▇▇▇ and the City shall file a joint motion to dismiss or notice of nonsuit in the State Court Litigation, dismissing the City’s claims against ▇▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇’▇ counterclaims against the City. The claims and counterclaims referenced in the preceding clauses (i) and (ii) are referred to herein as the “Pending Claims.” (b) The dismissal of the Pending Claims shall be without prejudice to the filing and prosecution thereof, and shall not constitute or be construed as an adjudication. In addition, the Settling Parties agree not to assert, and hereby waive, any defense or defensive theory, whether legal, equitable or otherwise, that might otherwise arise directly or indirectly from the dismissal of the Pending Claims as contemplated herein, such as, by way of example only: (i) the defenses of res judicata, collateral estoppel, and claim or issue preclusion; (ii) the defenses of waiver, release, accord and satisfaction, and want of prosecution; and (iii) any defense based on a statute of limitations, statute of repose, or laches; provided, however, that the waivers set forth in the preceding clauses (i) through (iii) do not apply to defenses that were timely pled in the Litigation and are based entirely on facts or circumstances existing prior to the Effective Date. (c) Notwithstanding the foregoing, upon dismissal of the Pending Claims pursuant to the joint filings contemplated in paragraph 1.1(a), the Pending Claims shall thenceforth be subject to the standstill, arbitration, and release provisions of this Agreement. (d) For the avoidance of doubt, this Agreement does not contemplate the dismissal of ▇▇▇▇▇▇ ▇▇▇▇▇’▇ claims against HDR Engineering, Inc. (“HDR”) in the Federal Litigation, or its third-party claims against HDR in the State Court Litigation. HDR is neither a party to this Agreement nor a third-party beneficiary of it.

Dismissal Without Prejudice. On the date of the Closing, CIT and Digital shall execute and file a stipulation and joint motion for a final judgment of replevin and dismissal of the Action without prejudice substantially in the form of Exhibit 6 attached hereto. Releases. Effective upon the Closing, the parties agree to release each other as follows: Subject to ¶7.3 below, CIT, by and through its duly elected officers, for itself, its present and former parents, subsidiaries, affiliates, members, officers, directors, employees, agents, successors, and assigns (the “CIT Group”), hereby fully releases and does forever discharge Digital, Optel and each of their respective present and former parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, successors, attorneys, and assigns and each and all of them, of and from any and all past, present or future claims, debts, rights, liabilities, damages, costs, expenses, attorneys’ fees, causes of action, and lawsuits, of every kind, nature, or description, whether known or unknown, suspected or unsuspected, fixed or contingent, which the CIT Group ever had, now has or may hereafter acquire, upon or by reason of any matter, cause, event or thing whatsoever accruing, occurring or arising from the beginning of the world to the date of the Closing, directly or indirectly related to the Leases, the Returned Equipment, the Claim, the Action, the Optel Debt, or the issuance of the Term Sheet, and any and all claims based upon or in any way relating to any of the foregoing; provided, however, that this release shall not apply to (i) Digital’s or Optel’s obligations to CIT under this Agreement or (ii) any monetary or non-monetary obligations of Digital with respect to any lease, equipment or warranty claims or transactions between Digital and CIT which are not the subject of the Action. Digital and Optel, by and through their duly elected officers, for themselves, their present and former parents, subsidiaries, affiliates, members, officers, directors, employees, agents, successors, and assigns (the “Digital Group”), hereby fully release and do forever discharge CIT and its present and former parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, successors, attorneys, and assigns and each and all of them, of and from any and all past, present or future claims, debts, rights, liabilities, damages, costs, expenses, attorneys’ fees, causes of action, and lawsuits, of every kind, nature, or ...

Dismissal Without Prejudice. Plaintiff Sepracor Inc. ("Sepracor"), and Defendant Breath Limited ("Breath"), having agreed to a settlement of this action, STIPULATE that: