Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases MSC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom MSC directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including, but not limited to, The TJX Companies, Inc.), franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to MSC.
Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Big Lots, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Big Lots directly or indirectly distributes or sells Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Big Lots.
Claims Covered and Released. 4.1 XXXXXXXXX’X Release of Proposition 65 Claims XXXXXXXXX acting on her own behalf, and not on behalf of the public, releases CORE, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies), franchisees, cooperative members, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to DEHP in the Products, except for XXXXXXXXX’X claim for attorneys’ fees and costs which are yet to be adjudicated. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to CORE.
Claims Covered and Released. 5.1 XxXxxxx’x Release of MQ This Settlement Agreement is a full, final, and binding resolution between XxXxxxx and MQ of any violation of Proposition 65 that was or could have been asserted by XxXxxxx, on behalf of himself, or on behalf of his past and current agents, representatives, attorneys, successors, and assignees, against MQ, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom MQ directly or indirectly distributes or sells the Products (“Releasees”), for unwarned exposures to the Listed Chemical from the Products distributed, sold or distributed for sale in California by MQ prior to the Effective Date. In further consideration of the promises and agreements herein contained, XxXxxxx, on his own behalf and on behalf of his past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives all rights to institute or participate in, directly or indirectly, any form of legal action, and releases all claims that he may have against MQ and Releasees, including, without limitation, all actions and causes of action, suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses, including, without limitation, investigation fees, expert fees, and attorneys’ fees arising under Proposition 65 for exposures to the Listed Chemical from Products distributed, sold, or distributed for sale in California by MQ prior to the Effective Date.
Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Tzumi, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Tzumi directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers including, but not limited to, Office Depot, Inc. and OfficeMax North America, Inc., franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Tzumi.
Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf and in the public interest, releases 99 Cents Only, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, suppliers (including without limitation Ningbo Home-Dollar Import & Export Corporation), and each entity to whom 99 Cents Only directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to unwarned exposures to DEHP in the Products.
Claims Covered and Released. 4.1 KASB’s Release of Puka Creations, LLC KASB, acting on its own behalf and not on behalf of the public, fully releases and discharges Puka Creations, LLC and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, affiliates, franchisees, licensees, customers, suppliers, distributors (the “Defendant Releasees”) and all entities to which Defendant Releasees directly or indirectly distribute or sell the Product, and any other distributors, wholesalers, customers, retailers, franchisees, licensors, and licensees, (collectively, the "Released Parties" and individually, a “Released Party”). KASB, on behalf of itself and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries and divisions hereby fully releases and discharges the Released Parties from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs, and expenses asserted, or that could have been asserted base on or related to the handling, use, sale, distribution or consumption of the Product in California, as to any alleged violation of Proposition 65 or its implementing regulations, including without limitation any failure to provide Proposition 65 warnings on the Products with respect to exposures to DEHP.
Claims Covered and Released. 4.1 Xxxxxxxxx’x Release of Proposition 65 Claims Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases Xxxxxxx International, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxxxx International directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to unwarned exposures to Lead in the Products. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Xxxxxxx International.
Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Xxxxx Xxxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Xxxxx Xxxxxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers including, but not limited to HomeGoods, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products. The Parties understand and agree that this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Xxxxx Xxxxxx.
Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims Xxxxxxx, acting on his own behalf, and not on behalf of the public, releases SPC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents, employees, attorneys, and each entity to whom SPC directly or indirectly distributes or sells, or to whom SPC has directly or indirectly distributed or sold, the Products or Additional Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to lead in the Products or Additional Products, as set forth in the Notice. Compliance with the terms of this Settlement Agreement constitutes compliance with Proposition 65 with respect to exposures to lead from the Products and the Additional Products, as set forth in the Notice. The Parties further understand and agree that this Section 4.1 release shall not extend upstream to any entities, other than SPC, that manufactured the Products, the Additional Products or any component parts thereof, or any distributors or suppliers that sold the Products, the Additional Products, or any component parts thereof to SPC.
