Binding Effect; Claims Covered and Released. 5.1. CCPG, acting on its own and in the public interest, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (a) CARWIRES, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) its upstream suppliers and all downstream entities in the stream of commerce including but not limited to distributors, wholesalers, customers, retailers (including but not limited to Fry’s Electronics, Inc.), franchisees, cooperative members, and licensees (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”), and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, and assigns of any of the entities identified in subsections (a) and (b), above (the entities identified in subsections (a), (b) and (c), above, are collectively referred to as “Releasees”) from all claims, actions, suits, demands, liabilities, damages, penalties, fees (including but not limited to attorneys’ fees, investigator fees, and expert fees), costs, and expenses (collectively referred to as “Claims”) that were asserted, or that could have been asserted, for any alleged violations of Proposition 65, or any other alleged violations statutory or common law, arising from alleged exposures to DEHP in the Covered Product.
Binding Effect; Claims Covered and Released. 4.1. This Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to NOV that were or could have been asserted by HLF. HLF, on behalf of itself, and its respective principals, officers, directors, employees, parents, subsidiaries, executors, administrators, attorneys, successors, and assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and each of their respective direct and indirect corporate parents, subsidiaries, as well as the past, present and future owners, shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the Covered Product(s), including but not limited to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, and marketplaces (including but not limited to Xxxxxx.xxx, Inc., and Xxxxxx.xxx Services LLC, and the predecessors, successors and assigns of any of them) (collectively, “Released Parties”), from and against any and all claims, demands, actions, causes of action, suits, liabilities, damages, penalties, fees, costs and expenses, related to NOV, that Releasors have, had or may have against the Released Parties from one year prior to the NOV, whether known or unknown, for failure to provide warnings for alleged exposures to cadmium, lead, and lead compounds from use of the Covered Products, all claims for violations of Proposition 65 through the Effective Date based on exposure to cadmium, lead, and lead compounds from manufacture, sale, marketing, distribution, use or consumption of the Covered Products, or all claims otherwise arising out of or relating to the Notice(s).
Binding Effect; Claims Covered and Released. 5.1. CCPG, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against
Binding Effect; Claims Covered and Released. 5.1. CCPG, on behalf of itself and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (a) Fantasia, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) its upstream suppliers and all downstream entities in the stream of commerce including but not limited to distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensees (including specifically, and without limitation, The TJX Companies, Inc., TJ Maxx of CA, LLC and Marmaxx Operating Corp., and their parent entities, subsidiaries and affiliate companies, as applicable) (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”), and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, and assigns of any of the entities identified in subsections (a) and (b), above (the entities identified in subsections (a), (b) and (c), above, are collectively referred to as “Releasees”) from all claims, actions, suits, demands, liabilities, damages, penalties, fees (including but not limited to attorneys’ fees, investigator fees, and expert fees), costs, and expenses (collectively referred to as “Claims”) that were asserted, or that could have been asserted, for any alleged violations of Proposition 65, or any other alleged violation of statutory or common law, arising from alleged exposures to DEHP in any Covered Product.
Binding Effect; Claims Covered and Released. 5.1. CCPG, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (a) Ground Up, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) its upstream suppliers and all downstream entities in the stream of commerce including but not limited to distributors, wholesalers, customers, retailers (including but not limited to each of the Noticed Entities), franchisees, cooperative members, and licensees (the entities identified in this subsection
Binding Effect; Claims Covered and Released a. This Agreement is a full, final, and binding resolution between HLF, on behalf of itself, and its respective principals, officers, directors, employees, parents, subsidiaries, executors, administrators, successors, assigns, on the one hand, and Nature’s Bounty, on behalf of itself, and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, affiliated legal entities, servants, heirs, executors, divisions, administrators, predecessors, successors, assigns, including without limitation NHS U.S. LLC, Nestle HealthCare Nutrition, Inc., The Bountiful Company, The Nature’s Bounty Co., Rexall Sundown, Nature’s Bounty (DE), Inc., Nature’s Bounty (NY), Inc., on the other, of any alleged violation of Proposition 65 or its implementing regulations for failure to provide Proposition 65 warnings of exposure to lead from the import, manufacturing, marketing, distribution, sale or offering for sale, handling, use, or consumption of the Covered Product for the Covered Period, and fully resolves all claims that have been asserted, or could have been asserted based on the Notice, for failure to provide Proposition 65 warnings for the Covered Product. HLF hereby releases, waives all claims against and discharges Nature’s Bounty and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, affiliated legal entities, divisions, suppliers, franchisees, licensees, customers, distributors, wholesalers, retailers and any upstream or downstream entities in the distribution chain for the Covered Product for the Covered Period, including without limitation NHS U.S. LLC, Nestle HealthCare Nutrition, Inc., The Bountiful Company, The Nature’s Bounty Co., Rexall Sundown, Inc., Nature’s Bounty (DE), Inc., Nature’s Bounty (NY), Inc., Xxxxxx.xxx, Inc., Xxxxxx.xxx Services LLC and its affiliates, and the predecessors, successors and assigns of any of them (collectively, the “Released Parties”), from any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs and expenses asserted and related exclusively to any alleged violation of Proposition 65 arising from any failure to provide Proposition 65 warnings for the Covered Product regarding lead.
Binding Effect; Claims Covered and Released. 5.1. Claimants, on behalf of themselves and their respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “Claimants Releasors”) fully release and waive any right to participate (directly or indirectly) in any litigation against
Binding Effect; Claims Covered and Released. 6.1 This Agreement is a full, final, and binding resolution between Xxxxxxxxxx, on behalf of himself and his representatives, attorneys, agents, and successors (collectively, the “Xxxxxxxxxx Parties”) and Campbell and its officers, directors, shareholders, employees, agents, parent companies, direct and indirect subsidiaries (including but not limited to Late July Snacks, LLC and Xxxxxx’x-Xxxxx, Inc.), divisions, suppliers, franchisees, licensees, customers, manufacturers, distributors, wholesalers, retailers (including but not limited to Vintage Grocers), and all other upstream and downstream entities in the distribution chain of any Covered Product, and the predecessors, successors, and assigns of any of them (collectively, “Released Parties”). Xxxxxxxxxx, on behalf of himself and the Xxxxxxxxxx Parties, 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 from the handling, use, or consumption of the Covered Products, as to any alleged violation of Proposition 65 or its implementing regulations arising from the failure to provide Proposition 65 warnings on the Covered Products regarding lead for Covered Products manufactured, distributed, or sold prior to the Compliance Date.
Binding Effect; Claims Covered and Released. 4.1 This Agreement is a full, final, and binding resolution between HLF, on behalf of itself, and its respective principals, officers, directors, employees, parents, subsidiaries, executors, administrators, successors, and assigns, on the one hand, and Green Wealth, on behalf of itself, and its respective owners, principals, shareholders, officers, directors, employees, parent companies, subsidiaries, heirs, executors, divisions, administrators, predecessors, successors and assigns, on the other, of any alleged violation of Proposition 65 or its implementing regulations for failure to provide Proposition 65 warnings for exposure to lead from the import, manufacturing, marketing, distribution, sale or offering for sale, handling, use or consumption of the Covered Products, and fully resolves all claims that have been asserted or could have been asserted based on the Notices, for failure to provide Proposition 65 warnings. HLF hereby releases, waives all claims against, and discharges Green Wealth, its respective owners, principals, shareholders, officers, directors, employees, parent companies, subsidiaries, suppliers, franchisees, licensees, customers, distributors, wholesalers, retailers and any of Green Wealth’s suppliers only for ingredients or components used by Green Wealth to make the Covered Products, downstream entities in the distribution chain for the Covered Products including Elite Source Products, Inc., Herbal Roots, Xxxxxx.xxx, Inc., and Xxxxxx.xxx Services LLC, and the predecessors, successors and assigns of any of them (collectively, “Released Parties”), for any and all claims, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs and expenses related to any alleged violation of Proposition 65 arising from any failure to provide Proposition 65 warnings for lead for the Covered Products.
Binding Effect; Claims Covered and Released. 6.1 This Agreement is a full, final, and binding resolution between CSI and Metagenics and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, suppliers, franchisees, licensees, customers, manufacturers, distributors, wholesalers, retailers, and all other upstream and downstream entities in the distribution chain of the Product, and the predecessors, successors, and assigns of any of them (collectively, “Released Parties”). CSI 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 from the handling, use, or consumption of the Product, as to any alleged violation of Proposition 65 or its implementing regulations arising from the failure to provide Proposition 65 warnings on the Product regarding lead for Product manufactured, distributed, or sold prior to the Compliance Date.
