Common use of Binding Effect; Claims Covered and Released Clause in Contracts

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 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, on behalf of itself and the CCPG Releasors, acknowledges and understands the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.

Binding Effect; Claims Covered and Released. 5.14.1. CCPGThis Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to NOV that were or could have been asserted by HLF. HLF, on behalf of itself itself, and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, executors, administrators, attorneys, successors, assignsand assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against each of their respective direct and fully and forever releases (a) the Noticed Parties, and its respective equity owners, indirect corporate parents, subsidiaries, affiliatesas well as the past, sister present and related companiesfuture owners, (b) its upstream suppliers shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all downstream entities in such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the stream of commerce Covered Product(s), including but not limited to to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, franchiseesand marketplaces (including but not limited to Xxxxxx.xxx, cooperative membersInc., and licensors (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”)Xxxxxx.xxx Services LLC, and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, successors and assigns of any of the entities identified in subsections them) (a) and (bcollectively, “Released Parties”), above (the entities identified in subsections (a), (b) from and (c), above, are collectively referred to as “Releasees”) from against any and all claims, demands, actions, causes of actionsaction, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator feescosts and expenses, and expert fees)related to NOV, coststhat Releasors have, and expenses (collectively referred had or may have against the Released Parties from one year prior to as “Claims”) of any nature whatsoeverthe NOV, whether known or unknown, fixed or contingentfor failure to provide warnings for alleged exposures to cadmium, that were assertedlead, or that could have been asserted, in connection with any matters relating to or arising and lead compounds from use of the Covered Products, Notices, or the Matter, all claims for any alleged violations of Proposition 6565 through the Effective Date based on exposure to cadmium, lead, and lead compounds from manufacture, sale, marketing, distribution, use or consumption of the Covered Products, or any other alleged violation all claims otherwise arising out of statutory or common lawrelating to the Notice(s). 5.24.2. HLF, on its own behalf only, and Company, 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(s). 4.3. It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notices, and relating to the Covered Products Products, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.

Binding Effect; Claims Covered and Released. 5.14.1. CCPGThis Agreement is a full, final, and binding resolution of all claims under Proposition 65 between HLF, on its own behalf and not on behalf of the public, and Company of any violation or alleged violation of Proposition 65 that was or could have been asserted by HLF, on its own behalf, on behalf of itself its past and current agents, representatives, attorneys, successors and assignees (collectively, “Releasors”), against Company and each of its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successorsaffiliated entities under common ownership, assignsdirectors, officers, members, employees, attorneys, and legal representatives (collectively referred each entity to as “CCPG Releasors”) waives any right to participate (whom Company directly or indirectly) in any litigation against and fully and forever releases (a) indirectly distributes, offers for sale or sells the Noticed PartiesCovered Product, and its respective equity ownersincluding, 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 to, its downstream distributors, wholesalers, customers, retailers, franchisees, cooperative membersmembers and licensees, and licensors including, but not limited to, Xxxxxx.xxx (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”)collectively, 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”) based on the failure or alleged failure to warn about exposures under Proposition 65 from the Covered Product manufactured, imported, distributed, sold or offered for sale in California before the Effective Date, as alleged in the Notice. In further consideration of the promises and agreements herein contained, HLF on its own behalf and not on behalf of the public, on behalf of its past and current agents, representatives, attorneys, successors and assignees hereby provides a release to Company and Releasees and waives any and all claimsrights it may have to institute or participate in, actionsdirectly or indirectly, any Proposition 65 action and releases all claims against Company and Releasees including, without limitation, all actions and causes of actionsaction, suits, liabilities, demands, obligations, liabilitiesdamages, damagescosts, fines, penalties, fineslosses or expenses including, losses, fees (including but not limited to exclusively, investigation fees, expert and attorneys’ feesfees arising under Proposition 65 with respect to the alleged or actual failure to warn about exposures required under Proposition 65 in the Covered Product manufactured, investigator feesimported, distributed, sold or offered for sale by Company before the Effective Date. 4.2. HLF, on its own behalf only, and expert fees)Company, costson its own behalf only, further waive and expenses (collectively referred to as “Claims”) release any and all claims they may have against each other for all actions or statements made or undertaken in the course of any nature whatsoever, whether known seeking or unknown, fixed or contingent, that were asserted, or that could have been asserted, opposing enforcement of Proposition 65 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 lawNotice. 5.24.3. It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notice, and relating to the Covered Products Products, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.34.4. If HLF alleges that Company has failed to comply with this Agreement, prior to filing an action or a notice of violation as to any Releasee, HLF shall first provide Company sixty (60) days’ advance written notice of the alleged violation(s). HLF shall provide testing results, lot numbers, and photographs of the Covered Product packaging for the Covered Product at issue. The Parties shall meet and confer during such sixty (60) day period in an effort to resolve the matter informally without the need for litigation. If the matter is not resolved within sixty (60) days, HLF can file a litigation and recover all applicable costs and attorneys’ fees, in accordance with California Code of Civil Procedure section 1021.5 4.5. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products65.

Binding Effect; Claims Covered and Released. 5.14.1. CCPGThis Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to NOV that were or could have been asserted by HLF. HLF, on behalf of itself itself, and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, executors, administrators, attorneys, successors, assignsand assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against each of their respective direct and fully and forever releases (a) the Noticed Parties, and its respective equity owners, indirect corporate parents, subsidiaries, affiliatesas well as the past, sister present and related companiesfuture owners, (b) its upstream suppliers shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all downstream entities in such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the stream of commerce Covered Product(s), including but not limited to to, downstream distributors, wholesalers, customers, retailers, franchiseesand marketplaces (including but not limited to Xxxxxx.xxx, cooperative membersInc., and licensors (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”)Xxxxxx.xxx Services LLC, and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, successors and assigns of any of the entities identified in subsections them) (a) and (bcollectively, “Released Parties”), above (the entities identified in subsections (a), (b) from and (c), above, are collectively referred to as “Releasees”) from against any and all claims, demands, actions, causes of actionsaction, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator fees, and expert fees), costscosts and expenses, and expenses (collectively referred related to as “Claims”) NOV, that Releasors have, had or may have against the Released Parties from one year prior to NOV to the date of any nature whatsoeverthe NOV, whether known or unknown, fixed or contingent, that were asserted, or that could have been asserted, in connection with any matters relating for failure to or arising provide warnings for alleged exposures to lead and cadmium from use of the Covered Products, Notices, or the Matter, all claims for any alleged violations of Proposition 6565 through the Effective Date based on exposure to lead and cadmium from manufacture, sale, marketing, distribution, use or consumption of the Covered Products, or all claims otherwise arising out of or relating to the Notices including any exposures to lead or cadmium in the Covered Product manufactured, purchased, distributed or sold by Prina, or any other alleged violation of statutory the Released Parties, on or common lawbefore the Compliance Date. 5.24.2. HLF, on its own behalf only, and Company, 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(s). 4.3. It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notices, and relating to the Covered Products Products, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.

Binding Effect; Claims Covered and Released. 5.14.1. CCPGThis Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to NOV that were or could have been asserted by HLF. HLF, on behalf of itself itself, and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, executors, administrators, attorneys, successors, assignsand assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against each of their respective direct and fully and forever releases (a) the Noticed Parties, and its respective equity owners, indirect corporate parents, subsidiaries, affiliatesas well as the past, sister present and related companiesfuture owners, (b) its upstream suppliers shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all downstream entities in such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the stream of commerce Covered Product(s), including but not limited to to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, franchiseesand marketplaces (including but not limited to Family Foods International, cooperative membersInc., Xxxxxx.xxx, Inc., and licensors (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”)Xxxxxx.xxx Services LLC, and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, successors and assigns of any of the entities identified in subsections them) (a) and (bcollectively, “Released Parties”), above (the entities identified in subsections (a), (b) from and (c), above, are collectively referred to as “Releasees”) from against any and all claims, demands, actions, causes of actionsaction, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator feescosts and expenses, and expert fees)related to NOV, coststhat Releasors have, and expenses (collectively referred had or may have against the Released Parties from one year prior to as “Claims”) NOV to the date of any nature whatsoeverthis Agreement, whether known or unknown, fixed or contingentfor failure to provide warnings for alleged exposures to cadmium, that were assertedlead, or that could have been asserted, in connection with any matters relating to or arising and lead compounds from use of the Covered Products, Notices, or the Matter, all claims for any alleged violations of Proposition 6565 through the Effective Date based on exposure to cadmium, lead, and lead compounds from manufacture, sale, marketing, distribution, use or consumption of the Covered Product, or any other alleged violation all claims otherwise arising out of statutory or common lawrelating to the Notice. 5.24.2. HLF, on its own behalf only, and Company, 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. 4.3. It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notice, and relating to the Covered Products Product, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.

Binding Effect; Claims Covered and Released. 5.1. CCPGa. ERC, on behalf of itself and its respective members, owners, principals, shareholders, officers, directors, employees, agents, affiliates, parents, subsidiaries, servants, heirs, executors, administrators, successors, assigns, and legal representatives (collectively referred representatives, releases Zrii and Chopra from all claims for violations of Proposition 65 up through the Effective Date based on exposure to lead from the Covered Products as “CCPG Releasors”) waives any right set forth in the Notice. b. The Parties hereby agree that this Agreement applies to participate (directly or indirectly) in any litigation against Zrii and Chopra, and fully releases Zrii and forever releases (a) the Noticed PartiesChopra, and its respective equity owners, their parents, subsidiaries, affiliatesaffiliates (including those companies that are under common ownership and/or common control), sister shareholders, directors, members, managers, officers, employees, suppliers, manufacturers, and related companiesattorneys, (b) its upstream suppliers and all downstream entities in each entity to whom each of them directly or indirectly distributed or sold the stream of commerce Covered Products, including but not limited to manufacturers, distributors, wholesalers, customers, retailers, franchisees, cooperative membersand any other person or entity in the course of doing business who distributed, marketed, or sold the products, from all claims asserted in the Notice. c. ERC, on its own behalf, and licensors (Zrii and Chopra, on the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”)other hand, release and waive any claims they may have against each other, and (c) the employees, their shareholders, officers, directors, members, managers, equity ownersemployees, insurersagents, attorneys, predecessors, successorsrepresentatives, and assigns of any of the entities identified in subsections (a) and (b), above attorneys (the entities identified in subsections (a), (b) and (c), above, are collectively referred to as “Releasees”) from any and for all claims, actions, causes actions or statements made or undertaken by the Releasees in the course 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”) seeking or opposing enforcement of any nature whatsoever, whether known or unknown, fixed or contingent, that were asserted, or that could have been asserted, Proposition 65 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 lawNotice. 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 d. ERC, on behalf of itself and only, has full knowledge of the CCPG Releasors, acknowledges that this Agreement is expressly intended to cover and include all such claims, including all rights contents of action therefore, and further Section 1542 of the Civil Code. ERC acknowledges that the Claims claims released in this Section 5 herein include unknown claims, claims and nevertheless therefore ERC waives California Civil Code section Section 1542 as to any such unknown claims. California Civil Code section Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT WHICH 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 THATRELEASE, WHICH IF KNOWN BY HIM OR HER, WOULD HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTYDEBTOR. CCPGERC, on behalf of itself and the CCPG Releasorsits own behalf, acknowledges and understands the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.

Binding Effect; Claims Covered and Released. 5.14.1 This Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to the NOV that were or could have been asserted by HLF. CCPGHLF, on behalf of itself itself, and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, executors, administrators, attorneys, successors, assignsand assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against each of their respective direct and fully and forever releases (a) the Noticed Parties, and its respective equity owners, indirect corporate parents, subsidiaries, affiliatesas well as the past, sister present and related companiesfuture owners, (b) its upstream suppliers predecessors, shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all downstream entities in such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the stream of commerce Covered Product(s), including but not limited to to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, franchiseesand marketplaces (including, cooperative membersbut not limited to, Supervalu, Inc., United Natural Foods, Inc., Instacart, Inc. and Vallarta Supermarkets Inc., 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, successors and assigns of any of the entities identified in subsections them) (a) and (bcollectively, “Released Parties”), above (the entities identified in subsections (a), (b) from and (c), above, are collectively referred to as “Releasees”) from against any and all claims, demands, actions, causes of actionsaction, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator feescosts and expenses, and expert fees)related to the NOV, coststhat Releasors have, and expenses (collectively referred had or may have against the Released Parties from one year prior to as “Claims”) NOV to the date of any nature whatsoeverthis Agreement, whether known or unknown, fixed for failure to provide warnings for alleged exposures to cadmium, claims for violations of Proposition 65 through the Effective Date based on exposure to cadmium and in any way related to the manufacture, sale, marketing, distribution, use or contingent, that were asserted, or that could have been asserted, in connection with any matters relating to or arising from consumption of the Covered Products, Notices, or all claims otherwise arising out of or relating to the Matter, for any alleged violations of Proposition 65, or any other alleged violation of statutory or common lawNotice(s). 5.2. 4.2 It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notices, and relating to the Covered Products Products, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.34.3 If HLF alleges that Company has failed to comply with this Agreement, prior to filing an action or a notice of violation as to any Released Party, HLF shall first provide Company sixty (60) days’ advance written notice (“Notice Period”) of the alleged violation(s). HLF shall provide testing results, lot numbers, photographs of the Covered Product packaging for the Covered Product at issue. The Company shall have the duration of the Notice Period to cure the alleged violation. The Company shall provide written documentation of the cure. If HLF believes in good faith that the cure does not cure the violation, HLF can file a lawsuit. 4.4 The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee Released Party with Proposition 65 for regarding alleged exposures to cadmium in the Covered ProductsProducts or Reformulated Products manufactured, purchased, distributed, or sold by Company after the Compliance Date.

Binding Effect; Claims Covered and Released. 5.14.1. CCPGThis Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to the NOV that were or could have been asserted by HLF. HLF, on behalf of itself itself, and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, executors, administrators, attorneys, successors, assignsand assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against each of their respective direct and fully and forever releases (a) the Noticed Parties, and its respective equity owners, indirect corporate parents, subsidiaries, affiliatesas well as the past, sister present and related companiesfuture owners, (b) its upstream suppliers predecessors, shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all downstream entities in such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the stream of commerce Covered Product(s), including but not limited to to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, franchiseesand marketplaces (including, cooperative membersbut not limited to, Family Food Co., Inc., Xxxxxx.xxx, Inc., and licensors (the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”)Xxxxxx.xxx Services LLC, and (c) the employees, shareholders, officers, directors, members, managers, equity owners, insurers, attorneys, predecessors, successors, successors and assigns of any of the entities identified in subsections them) (a) and (bcollectively, “Released Parties”), above (the entities identified in subsections (a), (b) from and (c), above, are collectively referred to as “Releasees”) from against any and all claims, demands, actions, causes of actionsaction, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator feescosts and expenses, and expert fees)related to the NOV, coststhat Releasors have, and expenses (collectively referred had or may have against the Released Parties from one year prior to as “Claims”) NOV to the date of any nature whatsoeverthis Agreement, whether known or unknown, fixed for failure to provide warnings for alleged exposures to cadmium, lead, lead compounds, claims for violations of Proposition 65 through the Effective Date based on exposure to cadmium, lead, and lead compounds and in any way related to the manufacture, sale, marketing, distribution, use or contingent, that were asserted, or that could have been asserted, in connection with any matters relating to or arising from consumption of the Covered Products, Noticesor all claims otherwise arising out of or relating to the Notice(s). 4.2. HLF, on its own behalf only, and Company, 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 Matter, for any alleged violations course of seeking or opposing enforcement of Proposition 65, or any other alleged violation of statutory or common law65 in connection with the Notice(s). 5.24.3. It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notices, and relating to the Covered Products Products, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.

Binding Effect; Claims Covered and Released. 5.14.1. CCPGThis Agreement is a full, final, and binding resolution between HLF and the Company of any violation of Proposition 65 related to NOV that were or could have been asserted by HLF. HLF, on behalf of itself itself, and its respective members, owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, executors, administrators, attorneys, successors, assignsand assigns (collectively, the “Releasors”), releases and discharges the Company and its successors in interest, and legal representatives (collectively referred to as “CCPG Releasors”) waives any right to participate (directly or indirectly) in any litigation against each of their respective direct and fully and forever releases (a) the Noticed Parties, and its respective equity owners, indirect corporate parents, subsidiaries, affiliatesas well as the past, sister present and related companiesfuture owners, (b) its upstream suppliers shareholders, directors, officers, employees, attorneys, insurers, representatives, franchisees, members, licensees, successors and assigns of all downstream entities in such persons or entities, and also each entity who directly or indirectly buys, distributes, markets or sells the stream of commerce Covered Product(s), including but not limited to to, upstream manufacturers, downstream distributors, wholesalers, customers, retailers, franchiseesand marketplaces (collectively, cooperative members, and licensors (the entities identified in this subsection (b) are collectively referred to as “Downstream ReleaseesReleased Parties”), from 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 against any and all claims, demands, actions, causes of actionsaction, suits, demands, obligations, liabilities, damages, penalties, fines, losses, fees (including but not limited to attorneys’ fees, investigator feescosts and expenses, and expert fees)related to NOV, coststhat Releasors have, and expenses (collectively referred had or may have against the Released Parties from one year prior to as “Claims”) NOV to the date of any nature whatsoeverthis Agreement, whether known or unknown, fixed or contingentfor failure to provide warnings for alleged exposures to cadmium, that were assertedlead, or that could have been asserted, in connection with any matters relating to or arising and lead compounds from use of the Covered Products, Notices, or the Matter, all claims for any alleged violations of Proposition 6565 through the Effective Date based on exposure to cadmium, lead, and lead compounds from manufacture, sale, marketing, distribution, use or consumption of the Covered Products, or any other alleged violation all claims otherwise arising out of statutory or common lawrelating to the Notices(). 5.24.2. HLF, on its own behalf only, and Company, 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(s). 4.3. It is possible that other claims not known to the Parties Parties, arising out of the facts alleged in the Matter or the Notices Notices, and relating to the Covered Products Products, will develop or be discovered. CCPG HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge that this Agreement is expressly intended to cover and include all such claimsclaims up through and including the Effective Date, including all rights of action therefore, . HLF and further acknowledges Company acknowledge that the Claims claims released in this Section 5 Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waives waive California Civil Code section 1542 and any federal or state law of similar effect 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, HLF on behalf of itself only, and the CCPG ReleasorsCompany on behalf of itself only, acknowledges acknowledge and understands understand the significance and consequences of this specific waiver of California Civil Code section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 for the Covered Products.