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Contract analysis / joint-stipulation-dismissal.docx
joint-stipulation-dismissal.docx
1038-00007 · 7 clauses
High · 2 Medium · 1 Standard · 0
1. Dismissal of All Claims with Prejudice. The parties hereby stipulate and agree that all
1. Dismissal of All Claims with Prejudice. The parties hereby stipulate and agree that all remaining claims asserted by Plaintiff Vantor Holdings Corp. against Defendant Cascade Retail Holdings Inc. in this action — specifically, the First Cause of Action for Tortious Interference with Contractual Relations and the Second Cause of Action for Tortious Interference with Prospective Economic Advantage — are hereby dismi
2. Dismissal of All Cross-Claims and Affirmative Defenses. All affirmative defenses, cross
2. Dismissal of All Cross-Claims and Affirmative Defenses. All affirmative defenses, cross-claims, counterclaims, and any other claims asserted or that could have been asserted by Defendant Cascade Retail Holdings Inc. against Plaintiff Vantor Holdings Corp. in this action, if any, are hereby dismissed with prejudice. This dismissal shall operate as a final adjudication on the merits with respect to any such defenses
3. Each Party to Bear Its Own Costs and Fees. Each party shall bear its own attorneys' fee Medium
⚑ Liability cap to check against exposure
3. Each Party to Bear Its Own Costs and Fees. Each party shall bear its own attorneys' fees, costs, and expenses incurred in connection with this action, including but not limited to filing fees, deposition costs, expert witness fees, and all other litigation-related costs and expenses, except as otherwise specifically provided in the confidential Settlement Agreement and Mutual Release executed by the parties on Jun
4. Retention of Jurisdiction. Pursuant to California Code of Civil Procedure Section 664.6
4. Retention of Jurisdiction. Pursuant to California Code of Civil Procedure Section 664.6, the parties hereby request that the Court retain jurisdiction over the parties and the subject matter of this action for the purpose of enforcing the terms of the Settlement Agreement and Mutual Release executed on June 12, 2023, should any dispute arise regarding compliance with or interpretation of its terms. The parties ack
5. No Admission of Liability. This Joint Stipulation of Dismissal with Prejudice and the d
5. No Admission of Liability. This Joint Stipulation of Dismissal with Prejudice and the dismissal of this action shall not constitute, and shall not be construed as, an admission of liability, fault, wrongdoing, or the validity or invalidity of any claim or defense by any party. The parties enter into this Stipulation solely for the purpose of compromising and settling disputed claims and avoiding the expense, burde
6. Settlement Agreement Governs. The rights, obligations, and responsibilities of the part High
⚑ Non-compete / exclusivity restraint
6. Settlement Agreement Governs. The rights, obligations, and responsibilities of the parties with respect to the subject matter of this action are governed exclusively by the Settlement Agreement and Mutual Release executed on June 12, 2023. The terms of the Settlement Agreement and Mutual Release are incorporated herein by reference for purposes of Section 664.6 enforcement, but are confidential and shall not be fi
7. Authorization. Counsel for each party hereby represents and warrants that they are duly High
⚑ Penalty / liquidated damages
7. Authorization. Counsel for each party hereby represents and warrants that they are duly authorized to execute this Joint Stipulation of Dismissal with Prejudice on behalf of their respective clients, and that each client has reviewed and approved the filing of this Stipulation with the Court. Counsel further represents that the execution and filing of this Stipulation is consistent with and contemplated by the Set