Common use of Claims Covered and Released Clause in Contracts

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 XXXXXXXXX’X Xxxxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases COREH&H, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE H&H directly or indirectly distributes or sells sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers (retailers, including but not limited to, the TJX Companies), Inc., and its parents, subsidiaries, and affiliates, 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 lead 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.H&H.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxxxx’s Release of Proposition 65 Claims XXXXXXXXX Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases COREIn Mocean, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE In Mocean directly or indirectly distributes or sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)including, but not limited to Walmart, 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 COREIn Mocean.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases CORELifetime Brands, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, licensors (including, but not limited to the licensor which provided the license to Lifetime for use of the KitchenAid brand name) and each entity to whom CORE Lifetime Brands directly or indirectly distributes distribute or sells sell the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)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 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 CORELifetime Brands.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases COREXxxxxx Xxxxx, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Xxxxxx Xxxxx directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companiesincluding, but not limited to Xxxx Stores, Inc., and its parents, affiliates, and subsidiaries), 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 DEHP lead 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 COREXxxxxx Xxxxx.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases COREXxxxxx, its their parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Xxxxxx directly or indirectly distributes or sells sell Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)including, but not limited to Walgreen Co. and Tuesday Morning, Inc. and their respective subsidiaries, affiliates, and parents, shareholders franchisees, cooperative members, licensors and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to DEHP in lead from 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 may have manufactured the Products or any component parts thereofthereof for Xxxxxx, or any distributors or suppliers who may have sold the Products or any component parts thereof to COREXxxxxx.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases COREPonte Vedra, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Ponte Vedra directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)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 DEHP in the ProductsProducts manufactured, except for XXXXXXXXX’X claim for attorneys’ fees and costs which are yet imported, distributed, or sold by Ponte Vedra prior to be adjudicatedthe Effective Date, regardless of the date any other Releasee distributes or sells the Product. 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 COREPonte Vedra.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases COREBrumis, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, members, managers, agents employees, attorneys, successors and assignees, licensors and each entity to whom CORE Brumis directly or indirectly distributes or sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers (including The TJX Companies, Inc.), franchisees, cooperative members, licensees, and licensees their respective subsidiaries, affiliates, and parents (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to DEHP lead 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 COREBrumis.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx, acting on her his own behalf, and not on behalf of the public, releases COREPrima Design, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Prima Design directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)retailers, franchisees, cooperative members, importers, and licensees licensees, including but not limited to Xxxx Stores, Inc., (collectively, “Releasees”), from all claims for violations of Proposition 65 arising from the sale of Products by Prima Design at any time through the Effective Date based on unwarned exposures to DEHP lead 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 COREPrima Design.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases COREEvriholder, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Evriholder directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)including, but not limited to HomeGoods, Inc., franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date based on relating to unwarned exposures to DEHP Proposition 65-listed chemicals 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 COREEvriholder.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxxxx’s Release of Proposition 65 Claims XXXXXXXXX Xxxxxxxxx acting on her own behalf, and not on behalf of the public, releases COREBWTC, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE BWTC directly or indirectly distributes or sells Products, including, but not limitedlimited to, to downstream distributors, wholesalers, customers, retailers (including TJX Companiesbut not limited to, Xxxx Stores, Inc. and its parents, subsidiaries, and affiliates), 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 lead 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 COREBWTC.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases COREHot Focus, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Hot Focus directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”” and including but not limited to Xxxx Stores, Inc., its parents, subsidiaries, and affiliates), from all claims for violations of Proposition 65 through the Effective Date based on unwarned exposures to DEHP lead 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 COREHot Focus.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases COREIllume, its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Illume directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)including, but not limited to Xxxx Stores, 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 DEHP lead 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 COREIllume.

Claims Covered and Released. 4.1 XXXXXXXXX’X Xxxxxxx’x Release of Proposition 65 Claims XXXXXXXXX Xxxxxxx acting on her his own behalf, and not on behalf of the public, releases CORERapid Care, and its parents, subsidiaries, affiliated entities under common ownership, directors, officers, agents employees, attorneys, and each entity to whom CORE Rapid Care directly or indirectly distributes or sells the Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers (including TJX Companies)including, but not limited to, Grocery Outlet, 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 DEHP in the Products, except for XXXXXXXXX’X claim for attorneys’ fees and costs which are yet Products distributed or sold by Rapid Care prior to be adjudicatedthe Effective Date. 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 CORERapid Care.