Common use of Release of All Claims Clause in Contracts

Release of All Claims. 4.1 Release of Third Party ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, ERF acting on its own behalf and not in the public interest provide 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 against Third Party or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Release of All Claims. 4.1 Release of Third Party ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors successors, and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain chain, and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice Notices through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, ERF acting on its own behalf, and on behalf of its past and not in current agents, representatives, attorneys, successors, and/or assignees (all of whom, collectively, are defined as the public interest “ERF Releasors”), provide 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 against Third Party or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Release of All Claims. 4.1 Release of Third Party ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors, acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party IC3D ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, IC3D and each of their its parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party IC3D directly or indirectly distributes or sells sells, the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph members (collectively, the “Releasees”), from all claims raised in the 60-Day Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in against IC3D based on the Notice alleging failure to provide Proposition 65 warnings in connection with for alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment payments to be made pursuant to Section 3, above, ERF acting on its own behalf, and on behalf of its past and not in current agents, representatives, attorneys, successors, and/or assignees (all of whom, collectively, are defined as the public interest “ERF Releasors”) provide 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 against Third Party or any of the Releasees IC3D of any nature, character, character or kind, limited to and arising out of claims that were asserted against IC3D based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party Kohree ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third PartyKohree, AmazonWalmart, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party Xxxxxx directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party Kohree or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the 60-Day Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors, acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party ERF Xxxxx Xxx and Downstream Customers and Entities. This Settlement Agreement is a full, final and binding resolution between Xxxxxxxx, acting on its his own behalf, and Xxxxx Xxx, of any violation of Proposition 65 that was or could have been asserted by Xxxxxxxx or on behalf of its his past and current agents, representatives, attorneys, successors successors, and/or assignees assigns (all of whom, collectively, are defined as the ERF Releasors”), releases Third Party, Amazon) for failure to provide warnings for alleged exposures to DEHP contained in the Products, and each of their Releasors hereby release any such claims against Xxxxx Xxx and its parents, subsidiaries, assigns, predecessors, successors, affiliated entities, membersshareholders, marketplaces, directors, officers, agents, employees, insurersattorneys, successors and assignees, and attorneys, each entity to whom Third Party Xxxxx Xxx directly or indirectly distributes or sells the Covered Products, including, including but not limited to, downstream distributors, wholesalers, customers, retailers, including but not limited to Saks, and its respective subsidiaries, affiliates and parents, franchisees, cooperative members, all other downstream entities in the distribution chain , members and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph licensees (collectively, the “Releasees”), from all claims raised in the Notice for violations of Proposition 65 through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered ProductsDate. In further consideration of the promises and agreements herein contained, and for the payment payments to be made pursuant to Section 3, §§ 3 above, ERF acting Xxxxxxxx, on its own behalf of himself, his past and current agents, representatives, attorneys, successors and/or assignees, hereby covenants not in the public interest provide a release herein which shall be effective as a full to xxx and final accord waives any right to institute, participate in, directly or indirectly, any form of legal action and satisfactionreleases all claims that he may have, as a bar to including without limitation, all actions, actions and causes of actionaction in law and in equity, all obligations, costs, expenses, expenses (including without limitation all attorneys’ fees, expert fees, and investigation fees, and costs), damages, losses, claims, liabilities, liabilities and demands against Third Party or any of the Releasees of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for of the alleged or actual exposure to styrene from use of the Covered chemical DEHP in the Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party PRINT-RITE ITI and PRINT-RITE ITI RELEASEES ERF acting on its own behalf, behalf releases PRINT-RITE ITI and on behalf of its past PRNA and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, and each of their respective parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, and each entity to whom Third Party PRINT-RITE ITI or PRNA directly or indirectly distributes or sells sells, or have distributed or sold, the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, including but not limited to Staples, Inc., franchisees, cooperative membersmembers and licensees, and all other downstream entities in the distribution chain chain, and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice Notices through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were or could have been asserted in against PRINT-RITE ITI, PRNA, and/or the Notice Releasees based on the Notices alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, ERF acting on its own behalf, and on behalf of its past and not in current agents, representatives, attorneys, successors, and/or assignees (all of whom, collectively, are defined as the public interest “ERF Releasors”) provide 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 against Third Party or PRINT-RITE ITI, PRNA, and/or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were or could have been asserted against PRINT-RITE ITI, PRNA, and/or any of the Releasees based on the Notice Notices for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party Magic-Power and Walmart ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third PartyMagic-Power, AmazonWalmart, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party Magic-Power directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain chain, and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Magic-Power Releasees”), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors, acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party or any of the Magic- Power Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 5.1 Release of Third Party ERF Kentex, Big Lots Stores, Inc., and Downstream Customers and Entities This Settlement Agreement is a full, final and binding resolution between Calacin, acting on its her own behalf, and Kentex, of any violation of Proposition 65 that was or could have been asserted by Calacin or on behalf of its her past and current agents, representatives, attorneys, successors successors, and/or assignees assigns (all of whom, collectively, are defined as the ERF Releasors”), releases Third Party, Amazon) for failure to provide warnings for alleged exposures to DEHP contained in the Products, and each of their Releasors hereby release any such claims against Kentex and its parents, subsidiaries, assigns, predecessors, successors, affiliated entities, membersshareholders, marketplaces, directors, officers, agents, employees, insurersattorneys, successors and assignees, and attorneys, each entity to whom Third Party Kentex directly or indirectly distributes or sells the Covered Products, including, including but not limited to, downstream distributors, wholesalers, customers, retailers, including but not limited to Big Lots Stores, Inc. and its respective subsidiaries, affiliates and parents, franchisees, cooperative membersmembers and licensees, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice for violations of Proposition 65 through the Effective Date based on alleged their failure to provide Proposition 65 warnings for warn about alleged exposures to styrene from use of the Covered chemical DEHP that is contained in the Products. This settlement is a full, final, and binding resolution of all claims that were asserted manufactured, distributed, sold and/or offered for sale by Kentex to customers and consumers in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use State of the Covered ProductsCalifornia. In further consideration of the promises and agreements herein contained, and for the payment payments to be made pursuant to Section 3, Sections 3 and 4 above, ERF acting Calacin, on its own behalf of herself, her past and current agents, representatives, attorneys, successors and/or assignees, hereby covenants not in the public interest provide a release herein which shall be effective as a full to xxx and final accord waives any right to institute, participate in, directly or indirectly, any form of legal action and satisfactionreleases all claims that she may have, as a bar to including without limitation, all actions, actions and causes of actionaction in law and in equity, all obligations, costs, expenses, expenses (including without limitation all attorneys’ fees, expert fees, and investigation fees, and costs), damages, losses, claims, liabilities, liabilities and demands against Third Party or any of the Releasees of any nature, character, or kind, whether known or unknown, suspected or unsuspected, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for of the alleged or actual exposure to styrene from use of the Covered chemical DEHP in the Products.

Appears in 1 contract

Samples: Settlement Agreement

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Release of All Claims. 4.1 Release of Third Party ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain chain, and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice through the Effective Date based on the alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors, acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the "ERF Releasors"), releases Third Party, Amazon, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the "Releasees"), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors, acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party Galaxy ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third PartyGalaxy, AmazonWalmart, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party Galaxy directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain chain, and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Galaxy Releasees”), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors, acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party or any of the Galaxy Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party Wodstyle ERF acting on its own behalf, and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third PartyWodstyle, AmazonWalmart, and each of their parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, directors, officers, agents, employees, insurers, and attorneys, each entity to whom Third Party Xxxxxxxx directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, all other downstream entities in the distribution chain , and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph (collectively, the “Releasees”), from all claims raised in the Notice through the Effective Date based on alleged failure to provide Proposition 65 warnings for alleged exposures to styrene from use of the Covered Products. This settlement is a full, final, and binding resolution of all claims that were asserted in the Notice alleging failure to provide Proposition 65 warnings in connection with alleged exposures to styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF Releasors acting on its own behalf of themselves alone and not in the public interest interest, provide 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 against Third Party Wodstyle or any of the Releasees of any nature, character, or kind, limited to and arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for the alleged exposure to styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

Release of All Claims. 4.1 Release of Third Party XYZ ERF acting on its own behalf, behalf and on behalf of its past and current agents, representatives, attorneys, successors and/or assignees (all of whom, collectively, are defined as the “ERF Releasors”), releases Third Party, Amazon, XYZ and each of their its respective parents, subsidiaries, assigns, predecessors, successors, affiliated entities, members, marketplaces, marketplaces directors, officers, agents, employees, insurers, and attorneys, and each entity to whom Third Party XYZ directly or indirectly distributes or sells the Covered Products, including, but not limited to, downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, members and licensees and all other upstream and downstream entities in the distribution chain chain, and the predecessors, successors, affiliates, and assigns of any of the foregoing in this paragraph them (collectively, the “Releasees”), from all claims raised in the Notice for violations of Proposition 65 for all Covered Products sold or distributed by XYZ through the Effective Date based on alleged failure to provide Proposition 65 warnings for warn about alleged exposures to styrene Styrene from use of the Covered Products. This settlement is a full, final, final and binding resolution of all claims that were or could have been asserted in against XYZ and/or the Notice alleging Releasees for failure to provide Proposition 65 warnings in connection with for alleged exposures to styrene Styrene from use of the Covered Products. In further consideration of the promises and agreements herein contained, and for the payment to be made pursuant to Section 3, above, the ERF acting on its own behalf and not in the public interest Releasors provide 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, liabilities and demands against Third Party or XYZ and/or any of the Releasees of any nature, character, or kind, limited to and whether known or unknown or suspected or unsuspected, arising out claims that were asserted based on the Notice for failure to provide Proposition 65 warnings for of the alleged or actual exposure to styrene Styrene from use of the Covered Products.

Appears in 1 contract

Samples: Settlement Agreement

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