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Contract analysis

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Contract analysis / notice-of-voluntary-dismissal.docx
notice-of-voluntary-dismissal.docx
1020-00005 · 4 clauses
High · 3 Medium · 0 Standard · 0
I. COUNTS BEING DISMISSED High
⚑ Indemnity / guarantee obligation
I. COUNTS BEING DISMISSED Plaintiff hereby voluntarily dismisses, without prejudice, each and every count of the Complaint filed in this action, specifically: Count I — Breach of Contract (Master Grain Purchase and Off-Take Agreement) against Defendant Prairie Basin Grain Co.; Count II — Breach of Personal Guaranty against Defendant Darren K. Musgrave, individually; Count III — Account Stated against Defendant Prairi
II. NATURE OF DISMISSAL AND RESERVATION OF RIGHTS High
⚑ Indemnity / guarantee obligation
II. NATURE OF DISMISSAL AND RESERVATION OF RIGHTS This dismissal is without prejudice. Plaintiff expressly reserves all rights, claims, and causes of action against Defendants, including but not limited to any claims arising under the Master Grain Purchase and Off-Take Agreement dated March 15, 2019, by and between GAP and PBGC, and the personal guaranty executed by Darren K. Musgrave in favor of GAP, attached as Exh
III. PROPOSED ORDER
III. PROPOSED ORDER A proposed Order of Voluntary Dismissal Without Prejudice is submitted contemporaneously herewith for entry by the Court. Plaintiff respectfully requests that the Court enter said Order at its earliest convenience.
IV. PRAYER FOR RELIEF High
⚑ Penalty / liquidated damages
IV. PRAYER FOR RELIEF WHEREFORE, Plaintiff Greenfield Agricultural Partners LLC respectfully requests that this Honorable Court enter the accompanying Order dismissing all counts (Counts I through IV) of the Complaint filed herein against all Defendants, Prairie Basin Grain Co. and Darren K. Musgrave, individually, without prejudice, and for such other and further relief as this Court deems just and proper. Dated: Fe