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 Caffco, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Caffco directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including Supervalu Inc., Raley’s and UNFI), 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 extend upstream to the 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 Caffco. The upstream release is limited to those Products sold by Caffco and shall not cover products sold by any upstream party to entities other than Caffco.
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. 4.1 Kallander’s Release of Giftcraft, B&N and Downstream Customers and Entities. This Settlement Agreement is a full, final and binding resolution between Xxxxxxxxx, acting on her own behalf, and not on behalf of the public, and Giftcraft, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxxxx or on behalf of her past and current agents, representatives, attorneys, successors, and/or assigns (“Releasors”) for failure to provide warnings for alleged exposures to lead from use of the Products, and Releasors hereby release any such claims against Giftcraft and its parents, subsidiaries, affiliated entities, shareholders, marketplaces, directors, officers, agents, employees, attorneys, successors and assignees, and each entity to whom Giftcraft directly or indirectly distributes or sells the Products, including but not limited to Xxxxxx & Xxxxx Booksellers, Inc. and its respective subsidiaries, affiliates and parents, shareholders, directors, officers, agents, employees, attorneys, successors and assignees, downstream distributors, wholesalers, customers, and retailers, including but not limited to their respective subsidiaries, affiliates and parents, franchisees, cooperative members and licensees (collectively, the “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposure to lead from use of the Products. In further consideration of the promises and agreements herein contained, and for the payments to be made, Xxxxxxxxx, on behalf of herself, her past and current agents, representatives, attorneys, successors and/or assignees, hereby covenants not to sue and waives any right to institute, participate in, directly or indirectly, any form of legal action and releases all claims that she may have, including without limitation, all actions and causes of action in law and in equity, all obligations, expenses (including without limitation all attorneys’ fees, expert fees, and investigation fees, and costs), damages, losses, liabilities and demands against any of the Releasees of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of the alleged or actual exposure to lead from use of the Products.
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 Simple Symbol, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom Simple Symbol directly or indirectly distributes or sells the Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers including, but not limited to, 99 Cents Only Stores LLC, 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 Simple Symbol.
Claims Covered and Released. 4.1 KASB’s Release of SUAVECITO KASB, acting on its own behalf and not on behalf of the public, fully releases and discharges SUAVECITO 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 based 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 Product with respect to exposures to DINP.
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 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.
Claims Covered and Released. 4.1 /HHPDQ¶V Release of Acme This Settlement Agreement is a full, final and binding resolution between Xxxxxx, on her own behalf and not in any representative capacity, and Acme, of any violation of Proposition 65 that was or could have been asserted by Xxxxxx on her own behalf or on behalf of her past and current agents, representatives, attorneys, successors, and assignees, against Acme, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, employees, attorneys, and each entity to whom Acme directly or indirectly distributes or sells Products, including its downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, licensors, and licensees (“Releasees”), based on the alleged or actual failure to warn about exposures to DEHP from Products and the hand straps sold or distributed for sale in California by Acme before the Effective Date. In further consideration of the promises and agreements herein, Xxxxxx, on her own behalf and on behalf of her past and current agents, representatives, attorneys, successors, and/or assignees, hereby waives any right to institute or participate in, directly or indirectly, any form of legal action and releases all claims that she may have, including, without limitation, all actions and causes of action in law and in equity, all suits, liabilities, demands, obligations, damages, costs, fines, penalties, losses, or expenses including, but not exclusively, investigation fees, expert fees, and attorneys' fees arising under Proposition 65 with respect to exposures to DEHP from Products and the hand straps manufactured, distributed, sold and/or offered for sale by Acme before the Effective Date. The release provided by Xxxxxx under this section of the Settlement Agreement are provided solely on Xxxxxx'x own behalf and not on behalf of the public in California.
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.
