Common use of Termination of Litigation Clause in Contracts

Termination of Litigation. (a) On or before the third (3rd) Business Day after the Execution Date, Plaintiffs and Defendants shall file with the District Court a stipulated consent judgment and joint motion to dismiss the Litigation, substantially in the form attached as Exhibit A (the “Consent Judgment and Dismissal”), with each Party to bear its own fees and costs. (b) The provisions of Sections 1 (to the extent necessary to interpret the other sections listed in this Section 2.1(b)), 2, 8, 9, and 12 of this Agreement shall become effective upon the Execution Date, while the remaining provisions of this Agreement shall become effective upon the Effective Date.

Appears in 1 contract

Sources: Settlement and License Agreement (Somaxon Pharmaceuticals, Inc.)

Termination of Litigation. (a) On or before the third (3rd) Business Day after the Execution Date, Plaintiffs and Defendants shall file with the District Court a stipulated consent judgment and joint motion to dismiss the Litigation, substantially in the form attached as Exhibit A (the “Consent Judgment and Dismissal”), with each Party to bear its own fees and costs. (b) The date on which the Judgment and Dismissal is entered by the District Court shall be the “Effective Date”. The provisions of Sections 1 (to the extent necessary to interpret the other sections listed in this Section 2.1(b)), 2, 810, 9, 11 and 12 14 of this Agreement shall become effective upon the Execution Date, while the remaining provisions of this Agreement shall become effective upon the Effective Date.

Appears in 1 contract

Sources: Settlement and License Agreement (Somaxon Pharmaceuticals, Inc.)