Kallander’s Individual Release of Claims. Kallander in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Xxx Xxx prior to the Effective Date. The Parties further understand and agree that this Section 4.2 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 Xxx Xxx. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxx Xxx’x Products.
Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Xxxxxxxxx Rye prior to the Effective Date. The Parties understand and agree that this Section 4.2 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 Xxxxxxxxx Rye. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxxxx Rye’s Products.
Kallander’s Individual Release of Claims. Kallander in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by BWTC prior to the Effective Date. The Parties further understand and agree that this Section 4.2 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 BWTC. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve BWTC’s Products.
Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Xxxxx Overseas prior to the Effective Date.
Kallander’s Individual Release of Claims. Except for the obligations expressly set forth in this Settlement Agreement, Xxxxxxxxx, in her individual capacity only and not in her representative capacity, on behalf of herself, her past and current agents, representatives, contractors, attorneys, successors and/or assignees, provides a release herein to Mud Pie and each of the other Releasees which shall be and is effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, including but not limited to all failure to warn claims, arising out of alleged or actual exposures to lead in or from any of the Products. In further consideration of the promises and agreements herein contained, and for the payments to be made pursuant to § 3 above, Xxxxxxxxx, on behalf of herself, her past and current agents, representatives, contractors, 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 against Mud Pie or any of the other Releasees, 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 Mud Pie or any of the other Releasees of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising under Proposition 65 with respect to the alleged or actual failure to warn about exposures to lead required under Proposition 65 in any of the Products, whether known or unknown, suspected or unsuspected. As part of the releases given in this Agreement, Xxxxxxxxx acknowledges that the claims released in §§ 4.1 and 4.2 above, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Kallander’s Individual Release of Claims. Xxxxxxxxx on behalf of herself, her past and current agents, representatives, attorneys, successors and/or assignees, in her individual capacity only and not in her representative capacity, hereby covenants not to sue and waives any right to institute, participate in, directly or indirectly, any form of legal action, and provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, expert fees, investigation fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by either Penguin Random House or B&N prior to the Effective Date. The Parties further understand and agree that this Section 4.2 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 Penguin Random House. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Penguin Random House’s Products.
Kallander’s Individual Release of Claims. Kallander in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Greenbrier prior to the Compliance Date. The Parties further understand and agree that this Section 4.2 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 Greenbrier. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Xxxxxxxxxx’s Products.
Kallander’s Individual Release of Claims. Xxxxxxxxx, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, sold, or placed into the stream of commerce by Enchante prior to the Effective Date. The Parties further understand and agree that this Section 4.2 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 Enchante.
Kallander’s Individual Release of Claims. Kallander, in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by Orly Shoe prior to the Effective Date. The Parties further understand and agree that this Section 4.2 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 Orly Shoe.
Kallander’s Individual Release of Claims. Kallander in her individual capacity only and not in her representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, and demands of Kallander of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out of alleged or actual exposures to lead in the Products manufactured, imported, distributed, or sold by Mad Engine prior to the Effective Date. The Parties further understand and agree that this Section 4.2 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 Mad Engine. Nothing in this Section affects Xxxxxxxxx’s right to commence or prosecute an action under Proposition 65 against a Releasee that does not involve Mad Engine’s Products.
