Binding Effect; Claims Covered and Released. 5.1. CCPG, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (a) Ground Up, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) its upstream suppliers and all downstream entities in the stream of commerce including but not limited to distributors, wholesalers, customers, retailers (including but not limited to each of the Noticed Entities), franchisees, cooperative members, and licensees (the entities identified in this subsection
(b) are collectively referred to as “Downstream Releasees”), and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, and assigns of any of the entities identified in subsections (a) and (b), above (the entities identified in subsections (a), (b) and (c), above, are collectively referred to as “Releasees”) from all claims, actions, suits, demands, liabilities, damages, penalties, fees (including but not limited to attorneys’ fees, investigator fees, and expert fees), costs, and expenses (collectively referred to as “Claims”) that were asserted, or that could have been asserted, for any alleged violations of Proposition 65, or any other alleged violation of statutory or common law, arising from the Covered Product.
5.2. It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice and relating to the Covered Product will develop or be discovered. CCPG on behalf of itself and the CCPG Releasors, acknowledges that this Agreement is expressly intended to cover and include all such claims, including all rights of action therefore, and further acknowledges that the Claims released in this Section 5 may include unknown claims, and nevertheless waives California Civil Code section 1542 as to any such unknown claims. California Civil Code section 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. CCPG acknowledges and understand...
Binding Effect; Claims Covered and Released. 5.1. CCPG, on behalf of itself and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against and fully and forever releases (a) the Noticed Parties, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) its upstream suppliers and all downstream entities in the stream of commerce including but not limited to distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensors (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”), and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, and assigns of any of the entities identified in subsections (a) and (b), above (the entities identified in subsections (a), (b) and (c), above, are collectively referred to as “Releasees”) from any and all claims, actions, causes of actions, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator fees, and expert fees), costs, and expenses (collectively referred to as “Claims”) of any nature whatsoever, whether known or unknown, fixed or contingent, that were asserted, or that could have been asserted, in connection with any matters relating to or arising from the Covered Products, Notices, or the Matter, for any alleged violations of Proposition 65, or any other alleged violation of statutory or common law.
5.2. It is possible that other claims not known to the Parties arising out of the facts alleged in the Matter or the Notices and relating to the Covered Products will develop or be discovered. CCPG on behalf of itself and the CCPG Releasors, acknowledges that this Agreement is expressly intended to cover and include all such claims, including all rights of action therefore, and further acknowledges that the Claims released in this Section 5 include unknown claims, and nevertheless waives California Civil Code section 1542 as to any such unknown claims. California Civil Code section 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 TI...
Binding Effect; Claims Covered and Released. 5.1. CCPG, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (a) Fantasia, and its equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) each of their upstream suppliers and all downstream entities in the stream of commerce including but not limited to distributors, wholesalers, customers, retailers, franchisees, cooperative members, and licensees (including but not limited to Burlington Merchandising Corporation, Burlington Distribution Corp., Burlington Coat Factory of Texas, Inc., Burlington Stores, Inc. and Burlington Coat Factory Warehouse Corporation), and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, and assigns of any of the entities identified in subsections (a) and (b), above (the entities identified in subsections (a), (b) and (c), above, are collectively referred to as “Releasees”) from all claims, actions, suits, demands, liabilities, damages, penalties, fees (including but not limited to attorneys’ fees, investigator fees, and expert fees), costs, and expenses (collectively referred to as “Claims”) that were asserted, or that could have been asserted, for any alleged violations of Proposition 65, or any other alleged violation of statutory or common law, arising from alleged exposures to DEHP in the Covered Product.
5.2. It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice and relating to the Covered Product will develop or be discovered. CCPG on behalf of itself and the CCPG Releasors, acknowledges that this Agreement is expressly intended to cover and include all such claims, including all rights of action therefore, and further acknowledges that the Claims released in Section 5 may include unknown claims, and nevertheless waives California Civil Code section 1542 as to any such unknown claims. California Civil Code section 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 SETTLE...
Binding Effect; Claims Covered and Released. 4.1. This Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 that were or could have been asserted by HLF. HLF, on behalf of itself, and its respective principals, officers, directors, employees, parents, subsidiaries, executors, administrators, attorneys, successors, and assigns (collectively, the “Releasors”), unconditionally and generally releases and forever remises, acquits, releases, satisfies and discharges PurpleRock Bioschwartz Opco LLC and its successor in interest, Bioschwartz, LLC, and each of their respective direct and indirect corporate parents and subsidiaries, as well as the past, present and future owners, shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, cooperative members, licensees, successors and assigns of all such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the Covered Products, including but not limited to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, and marketplaces (including but not limited to PurpleRock Capital Partners LLC, Xxxxxx.xxx, Inc., Xxxxxx.xxx Services LLC, Walmart, Inc., Wal-mart Stores East, LP The Kroger Co., Xxxxxxxx.xxx, Inc. Xxxxxxxx.xxx Inc., and iHerb, LLC, and the predecessors, successors and assigns of any of them) (collectively, “Released Parties”), from and against any and all claims, demands, actions, causes of action, suits, demands, liabilities, damages, penalties, fees, costs and expenses, that Releasors have, had or may have against the Released Parties from one year prior to NOV to the date of this Agreement, whether known or unknown, for failure to provide warnings for alleged exposures to lead from use of the Covered Products, all claims for violations of Proposition 65 through the Effective Date based on exposure to lead from manufacture, sale, marketing, distribution, use or consumption of the Covered Products, or all claims otherwise arising out of or relating to the Notices. In further consideration of the promises and agreements herein contained, and for the payments to be made pursuant to Section 3 above, HLF, on behalf of itself, and its respective principals, officers, directors, employees, parents, subsidiaries, affiliates, executors, administrators, attorneys, successors, and assigns hereby covenants not to sue and waives any right to institute, participate in, directly or indirec...
Binding Effect; Claims Covered and Released. 6.1 CTWG, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, affiliates, parents, subsidiaries, successors, assigns, and legal representatives fully releases and discharges PGI, each of their owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, affiliates (including those companies that are under common ownership and/or common control), successors, assigns, and legal representatives, and each entity to whom PGI directly or indirectly distributes or sells the Covered Product, including, but not limited to, its downstream distributors, wholesalers, customers, retailers, franchisers, cooperative members, licensors and licensees, including specifically A&S Produce, Inc. and Greenland Market, Inc. (the preceding collectively referred to as “Covered Releasees”) from any and all claims, actions, suits, demands, liabilities, damages, penalties, fees, costs and expenses (collectively, “Claims”) asserted or that could have been asserted for alleged violations of Proposition 65, up through and including the Effective Date based on alleged failure to provide warnings for alleged exposure to lead, or for causing alleged exposure to lead, from the Covered Product.
6.2 CTWG and PGI further waive and release any and all claims they may have against each other for all actions or statements made or undertaken in the course of seeking or opposing enforcement of Proposition 65 in connection with the Notice.
6.3 It is possible that other claims not known to the Parties arising out of the facts alleged in the Notice or relating to the Covered Product will develop or be discovered. CTWG on behalf of itself only, on the one hand, and PGI, on behalf of itself only, on the other hand, acknowledge that this Agreement is expressly intended to cover and include all such claims up through and including the Effective Date, including all rights of action therefore, and further acknowledge that the claims released this section may include unknown claims, and nevertheless waives California Civil Code, section 1542 as to any such unknown claims. California Civil Code, section 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....
Binding Effect; Claims Covered and Released. 6.1 This Agreement is a full, final, and binding resolution between Xxxxxxxxxx, on behalf of himself and his representatives, attorneys, agents, and successors (collectively, the “Xxxxxxxxxx Parties”) and Campbell and its officers, directors, shareholders, employees, agents, parent companies, direct and indirect subsidiaries (including but not limited to Late July Snacks, LLC and Xxxxxx’x-Xxxxx, Inc.), divisions, suppliers, franchisees, licensees, customers, manufacturers, distributors, wholesalers, retailers (including but not limited to Vintage Grocers), and all other upstream and downstream entities in the distribution chain of any Covered Product, and the predecessors, successors, and assigns of any of them (collectively, “Released Parties”). Xxxxxxxxxx, on behalf of himself and the Xxxxxxxxxx Parties, 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 from the handling, use, or consumption of the Covered Products, as to any alleged violation of Proposition 65 or its implementing regulations arising from the failure to provide Proposition 65 warnings on the Covered Products regarding lead for Covered Products manufactured, distributed, or sold prior to the Compliance Date.
6.2 It is possible that other claims not known to the Parties, arising out of the facts alleged in the Notice, and relating to the Covered Products, will develop or be discovered. Xxxxxxxxxx on behalf of himself only, and Campbell, on behalf of itself only, acknowledge that this Agreement is expressly intended to cover and include all such claims up through and including the Effective Date, including all rights of action therefore. Xxxxxxxxxx and Xxxxxxxx acknowledge that the claims released in Sections 6.1 and 6.2 above may include unknown claims, and nevertheless waive California Civil Code section 1542 as to any such unknown claims. California Civil Code section 1542 reads as follows:
6.3 Compliance with the terms of this Agreement shall be deemed to constitute compliance with Proposition 65 by any Released Party regarding alleged exposures to lead in the Covered Products on or after the Compliance Date.
Binding Effect; Claims Covered and Released. 5.1. CTWG, on behalf of itself and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CTWG Releasors”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (i) Haddon House Food Products, Inc. and United Natural Foods, Inc., and their respective equity owners, parents, subsidiaries, affiliates, sister and related companies,
Binding Effect; Claims Covered and Released. 6.1 This Agreement is a full, final, and binding resolution between CSI and Metagenics and its officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, suppliers, franchisees, licensees, customers, manufacturers, distributors, wholesalers, retailers, and all other upstream and downstream entities in the distribution chain of the Product, and the predecessors, successors, and assigns of any of them (collectively, “Released Parties”). CSI 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 from the handling, use, or consumption of the Product, as to any alleged violation of Proposition 65 or its implementing regulations arising from the failure to provide Proposition 65 warnings on the Product regarding lead for Product manufactured, distributed, or sold prior to the Compliance Date.
6.2 CSI and Metagenics each waive and release any and all claims they may have against each other for all actions or statements made or undertaken in the course of seeking or opposing enforcement of Proposition 65 in connection with the claims in the Notice with respect to Product manufactured, distributed, or sold prior to the Compliance Date, provided, however, that nothing in Section 6 shall affect or limit any Party’s right to seek to enforce the terms of this Agreement.
6.3 It is possible that other claims not known to the Parties, arising out of the facts alleged in the Notice, and relating to the Product, will develop or be discovered. CSI and Metagenics acknowledge that this Agreement is expressly intended to cover and include all such claims up through and including the Effective Date, including all rights of action therefore. CSI and Metagenics acknowledge that the claims released in Sections 6.1 and 6.2 above may include unknown claims, and nevertheless waive California Civil Code section 1542 as to any such unknown claims. California Civil Code section 1542 reads as follows:
6.4 Compliance with the terms of this Agreement shall be deemed to constitute compliance with Proposition 65 by any Released Party regarding alleged exposures to lead in the Product manufactured, distributed, or sold on or after the Compliance Date. Nothing in this Agreement is intended to apply to any occupational or environmental exposures arising under Proposition 65, nor shall it ...
Binding Effect; Claims Covered and Released. 6.1 This Settlement Agreement is a full, final, and binding resolution between CAPA, on behalf of itself and in the public interest, and HPRC and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, suppliers, franchisees, licensees, customers (not including private label customers of HPRC), distributors, wholesalers, retailers, and all other upstream and downstream entities in the distribution chain of any Subject Product, and the predecessors, successors, and assigns of any of them ( collectively, “Released Parties”). CAPA, on behalf of itself and in the public interest, 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 from the handling, use, or consumption of the Subject Products, as to any alleged violation of Proposition 65 or its implementing regulations arising from the failure to provide Proposition 65 warnings on the Subject Products regarding lead up to and including the Effective Date.
6.2 CAPA on its own behalf only, and HPRC on its own behalf only, further waive and release any and all claims they may have against each other for all actions or statements made or undertaken in the course of seeking or opposing enforcement of Proposition 65 in connection with the Notice up through and including the Effective Date, provided, however, that nothing in Section 6 shall affect or limit any Party’s right to seek to enforce the terms of this Settlement Agreement.
6.3 It is possible that other claims not known to the Parties, arising out of the facts alleged in the Notice, and relating to the Subject Products, will develop or be discovered. CAPA on behalf of itself only, and HPRC on behalf of itself only, acknowledge that this Settlement Agreement is expressly intended to cover and include all such claims up through and including the Effective Date, including all rights of action therefore. CAPA and HPRC acknowledge that the claims released in Sections 6.1 and 6.2 above may include unknown claims, and nevertheless waive California Civil Code section 1542 as to any such unknown claims. California Civil Code section 1542 reads as follows:
(i) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER...
Binding Effect; Claims Covered and Released. 6.1. This Agreement is a full, final, and binding resolution between ERC, on behalf of itself, and Eu Natural and its respective officers, directors, shareholders, employees, agents, parent companies, subsidiaries, divisions, suppliers, franchisees, licensees, customers (not including private label customers of Eu Natural), distributors, wholesalers, retailers, and all other upstream and downstream entities in the distribution chain of the Covered Product, and the predecessors, successors, and assigns of any of them (collectively, "Released Parties").
