Full and Binding Resolution Clause Samples

Full and Binding Resolution. This Settlement and Release Agreement is a full, final, and binding resolution between CEH and Pregra, and all its affiliates listed in Exhibit C and Costco, of any violation of Proposition 65, or any other statutory or common law claims that have been or could have been asserted against Pregra or Costco for failure to provide clear and reasonable warnings of exposure to Lead from the use of the Covered Products, or any other claim based on the facts or conduct alleged in the Notice, whether based on actions committed by Pregra or by any entity to whom Pregra distributes or sells Covered Products, or any entity that sells the Covered Products to consumers, including, but not limited to, Costco. Compliance with the terms of this Settlement and Release Agreement resolves any issue now, in the past, and in the future, concerning compliance by Pregra, its parents, shareholders, divisions, subdivisions, subsidiaries, sister companies, affiliates, franchisees, cooperative members, and licensees; its distributors, wholesalers, - 5 - SETTLEMENT AND RELEASE AGREEMENT PRINTED ON and retailers who sell Covered Products; and the predecessors, successors, and assigns of any of them, with the requirements of Proposition 65 arising from exposures to Lead in or from the Covered Products. This Settlement and Release Agreement does not resolve any claims that CEH may assert with respect to (i) products other than the Covered Products, or (ii) chemicals other than lead.