Stipulations of Dismissal Sample Clauses

The Stipulations of Dismissal clause defines the process by which parties to a legal action can formally agree to end the case before a final judgment is rendered. Typically, this involves both parties submitting a signed agreement to the court, indicating their mutual consent to dismiss the case, often after reaching a settlement or resolving the dispute privately. This clause ensures that dismissals are properly documented and recognized by the court, providing legal closure to the matter and preventing future litigation on the same issues.
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Stipulations of Dismissal. Upon the effective date of this Agreement as to Sponsor, Sponsor, Tie, the Company, TTT and TieTek shall enter into and deliver the Settlement Agreement and Full, Final and Complete Release respecting Cause No. 04-0631 in the District Court of ▇▇▇▇▇▇ County, Texas, 71st Judicial District and the Arbitration Case No. 70B 180 00441 04 before the American Arbitration Association (Houston District) in the form attached hereto as Annex A and the Settlement Agreement and Full Final and Complete Release between Sponsor and ▇▇▇▇▇▇ respecting Cause No. 2004-31442 in the District Court of ▇▇▇▇▇▇ County, Texas, 189th Judicial District.
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Stipulations of Dismissal. On or as soon as practical after the Release Effective Date, the Trust and Fleet National Bank shall (i) file all documents required by the Federal Rules of Appellate Procedure and the Local Rules of Court to effect the prompt dismissal, with prejudice and without cost to any Party of the Trust’s appeal to the United States Court of Appeals for the Second Circuit in Case No. 09-0799-BK(L) and related Case Nos. 09-0808- BK(CON) and 09-0810-BK(CON) as to Fleet National Bank and (ii) file all documents required by the Federal Rules of Civil Procedure and the Local Rules of the Court to effect the prompt dismissal with prejudice and without costs to any Party of all remaining claims pending against Fleet National Bank in the United States District Court for the Western District of New York in Case No. 1:09-cv-00215-RJA and related cases 1:07-cv-00553 RJA, 1:07-cv-00554 RJA, and 1:07-cv-00555 RJA. On or as soon as practical after the Release Effective Date, the parties will file a stipulation of dismissal dismissing the Action with prejudice and without cost to any Party.
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Stipulations of Dismissal. 7.1 Simultaneously with the execution of this Settlement Agreement, ▇▇▇▇▇▇▇ and the UMWA will cause their counsel to provide authority to file a stipulation of dismissal substantially in the form attached hereto as Exhibit D (the “Missouri Stipulation”). On or before three (3) business days after the Effective Date, Peabody shall file the Missouri Stipulation in the Missouri Adversary Proceeding. 7.2 Simultaneously with the execution of this Settlement Agreement, the Second Patriot Debtors, Peabody, and the UMWA will cause their counsel to provide authority to file a stipulation of dismissal substantially in the form attached hereto as Exhibit E (the “Virginia Stipulation”). On or before three (3) business days after Effective Date, Patriot and the UMWA shall file the Virginia Stipulation in the Virginia Adversary Proceeding.
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Stipulations of Dismissal. The parties hereto agree that the Stipulation of Dismissal in the Delaware Action constitutes a termination of the Status Quo Agreement and Order entered on August 20, 2002.ARTICLE IV
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Stipulations of Dismissal. Within 5 business days of the complete and final execution of this Agreement, the Settling Parties shall file stipulations and/or documentation necessary to cause each of the Pending Lawsuits to be dismissed with prejudice, with each party to bear its own attorneys’ fees and costs. Except for claims resulting from an alleged breach of this Agreement, the Settling Parties covenant and agree not to file or prosecute any claim based upon matters within the scope of the general releases contained in Paragraph 2, supra.
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Stipulations of Dismissal. By November 17, 1997, T Cell and Forest City, by their respective counsel, shall execute stipulations of dismissal of the Forest City Action and the PNC Action in the forms attached hereto as Exhibits "H" and "I." Also by November 17, 1997, Forest City shall have obtained the signature of counsel for PNC on the stipulation of dismissal of the PNC Action, in the form attached hereto as Exhibit "I." Forest City shall promptly deliver both stipulations, executed on behalf of Forest City and PNC as required, to counsel for T Cell, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇. T Cell, through its counsel, shall arrange for Federal Insurance Company, an intervenor in the Forest City Action, also to execute the stipulation of dismissal of that case. T Cell, through its counsel, shall arrange to file the fully-executed stipulations of dismissal of the Forest City Action and the PNC Action with the Superior Court for Middlesex and Norfolk Counties, respectively.
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Related to Stipulations of Dismissal

  • Dismissal with Prejudice The Class Action and all Released Claims shall be dismissed with prejudice.

  • Notice and Defense of Claims As soon as reasonably practicable after receipt by the Indemnified Party of notice of any liability or claim incurred by or asserted against the Indemnified Party that is subject to indemnification under this Article III, the Indemnified Party shall give notice thereof to Contributor, including liabilities or claims to be applied against the indemnification deductible established pursuant to Section 3.4 hereof; provided that failure to give notice to Contributor will not relieve Contributor from any liability that it may have to any Indemnified Party, unless, and only to the extent that, such failure (a) shall have caused prejudice to the defense of such claim or (b) shall have materially increased the costs or potential liability of Contributor by reason of the inability or failure of Contributor (due to such lack of prompt notice) to be involved in any investigations or negotiations regarding any such claim. Such notice shall describe in reasonable detail the facts known to such Indemnified Party giving rise to such claim, and the amount or good faith estimate of the amount of Losses arising therefrom. Unless prohibited by law, such Indemnified Party shall deliver to Contributor, promptly after such Indemnified Party’s receipt thereof, copies of all notices and documents received by such Indemnified Party relating to such claim. The Indemnified Party shall permit Contributor, at Contributor’s option and expense, to assume the defense of any such claim by counsel selected by Contributor and reasonably satisfactory to the Indemnified Party, and to settle or otherwise dispose of the same; provided, however, that the Indemnified Party may at all times participate in such defense at its sole expense; and provided further, however, that Contributor shall not, in defense of any such claim, except with the prior written consent of the Indemnified Party in its sole and absolute discretion, consent to the entry of any judgment or enter into any settlement that does not include as an unconditional term thereof the giving by the claimant or plaintiff in question to all Indemnified Parties a full and complete release of all liabilities in respect of such claims, or that does not result only in the payment of money damages which are paid (or deemed paid) in full by Contributor. If Contributor shall not have undertaken such defense within 20 days after such notice, or within such shorter time as may be reasonable under the circumstances to the extent required by applicable law, then the Indemnified Party shall have the right to undertake the defense, compromise or settlement of such liability or claim on behalf of and for the account of Contributor and at Contributor’s sole cost and expense (subject to the limitations in Section 3.4 hereof).

  • Procedures for Notification and Defense of Claim (a) Indemnitee shall notify the Company in writing of any matter with respect to which Indemnitee intends to seek indemnification or advancement of Expenses as soon as reasonably practicable following the receipt by Indemnitee of notice thereof. The written notification to the Company shall include, in reasonable detail, a description of the nature of the Proceeding and the facts underlying the Proceeding. The failure by Indemnitee to notify the Company will not relieve the Company from any liability which it may have to Indemnitee hereunder or otherwise than under this Agreement, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights, except to the extent that such failure or delay materially prejudices the Company. (b) If, at the time of the receipt of a notice of a Proceeding pursuant to the terms hereof, the Company has directors’ and officers’ liability insurance in effect that may be applicable to the Proceeding, the Company shall give prompt notice of the commencement of the Proceeding to the insurers in accordance with the procedures set forth in the applicable policies. The Company shall thereafter take all commercially-reasonable action to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such Proceeding in accordance with the terms of such policies. (c) In the event the Company may be obligated to make any indemnity in connection with a Proceeding, the Company shall be entitled to assume the defense of such Proceeding with counsel approved by Indemnitee, which approval shall not be unreasonably withheld, conditioned or delayed, upon the delivery to Indemnitee of written notice of its election to do so. After delivery of such notice, approval of such counsel by Indemnitee and the retention of such counsel by the Company, the Company will not be liable to Indemnitee for any fees or expenses of counsel subsequently incurred by Indemnitee with respect to the same Proceeding. Notwithstanding the Company’s assumption of the defense of any such Proceeding, the Company shall be obligated to pay the fees and expenses of Indemnitee’s separate counsel to the extent (i) the employment of separate counsel by Indemnitee is authorized by the Company, (ii) counsel for the Company or Indemnitee shall have reasonably concluded that there is a conflict of interest between the Company and Indemnitee in the conduct of any such defense such that Indemnitee needs to be separately represented, (iii) the Company is not financially or legally able to perform its indemnification obligations or (iv) the Company shall not have retained, or shall not continue to retain, counsel to defend such Proceeding. The Company shall have the right to conduct such defense as it sees fit in its sole discretion. Regardless of any provision in this Agreement, Indemnitee shall have the right to employ counsel in any Proceeding at Indemnitee’s personal expense. The Company shall not be entitled, without the consent of Indemnitee, to assume the defense of any claim brought by or in the right of the Company. (d) Indemnitee shall give the Company such information and cooperation in connection with the Proceeding as may be reasonably appropriate. (e) The Company shall not be liable to indemnify Indemnitee for any settlement of any Proceeding (or any part thereof) without the Company’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. (f) The Company shall not settle any Proceeding (or any part thereof) in a manner that imposes any penalty or liability on Indemnitee without Indemnitee’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed.

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.

  • Notification and Defense of Claims The Indemnitee agrees promptly to notify the Indemnitors in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, or other document relating to any Proceeding or matter which may be subject to indemnification or advancement of Expenses covered hereunder, but the failure so to notify the Indemnitors will not relieve the Indemnitors from any liability that the Indemnitors may have to Indemnitee under this Agreement unless the Indemnitors are materially prejudiced thereby. With respect to any such Proceeding as to which Indemnitee notifies the Indemnitors of the commencement thereof: (A) The Indemnitors will be entitled to participate therein at their own expense. (B) Except as otherwise provided below, the Indemnitors will be entitled to assume the defense thereof, with counsel reasonably satisfactory to Indemnitee. After notice from the Indemnitors to Indemnitee of the Indemnitors’ election so to assume the defense thereof, the Indemnitors will not be liable to Indemnitee under this Agreement for any legal or other expenses subsequently incurred by Indemnitee in connection with the defense thereof other than reasonable costs of investigation or as otherwise provided below. Indemnitee shall have the right to employ Indemnitee’s own counsel in such Proceeding, but the fees and disbursements of such counsel incurred after notice from the Indemnitors of the Indemnitors’ assumption of the defense thereof shall be at the expense of Indemnitee unless (a) the employment by counsel by Indemnitee has been authorized by the Indemnitors, (b) the Indemnitee shall have reasonably concluded that there may be a conflict of interest between the Indemnitors and the Indemnitee in the conduct of the defense of such action, (c) such Proceeding seeks penalties or other relief against the Indemnitee with respect to which the Indemnitors could not provide monetary indemnification to the Indemnitee (such as injunctive relief or incarceration) or (d) the Indemnitors shall not in fact have employed counsel to assume the defense of such action, in each of which cases the fees and disbursements of counsel shall be at the expense of the Indemnitors. The Indemnitors shall not be entitled to assume the defense of any Proceeding brought by or on behalf of the Indemnitors, or as to which Indemnitee shall have reached the conclusion specified in clause (b) above, or which involves penalties or other relief against Indemnitee of the type referred to in clause (c) above. (C) The Indemnitors shall not be liable to indemnify Indemnitee under this Agreement for any amounts paid in settlement of any action or claim effected without the Indemnitors’ written consent. The Indemnitors shall not settle any action or claim in any manner that would impose any penalty or limitation on Indemnitee without Indemnitee’s written consent. Neither the Indemnitors nor Indemnitee will unreasonably withhold or delay consent to any proposed settlement.