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 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 SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. CCPG 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 regarding alleged exposures to DEHP in the Covered Product.

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 against (a) Fantasiaeach Settling Party, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) each of their 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 licensees (including but not limited to specifically, and without limitation, T.J. Maxx of CA, LLC, The TJX Companies, Inc., Marshalls of CA, LLC, Burlington Merchandising CorporationCorp., Burlington Distribution Corp., Burlington Coat Factory of Texas, Inc., Burlington Stores, Inc. and Burlington Coat Factory Warehouse CorporationDirect Corp., and their parent, subsidiary and affiliate companies) (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 alleged exposures to DEHP in the Covered ProductProducts. 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 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 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 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 regarding alleged exposures to DEHP in the Covered Product.

Binding Effect; Claims Covered and Released. 5.1. CCPGClaimants, on behalf of itself themselves and its their respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, successors, assigns, and legal representatives (collectively referred to as “CCPG Claimants Releasors”) fully releases release and waives waive any right to participate (directly or indirectly) in any litigation against against (a) FantasiaSML, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) each of their 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 licensees (including but not limited to Burlington Merchandising Corporationspecifically, Burlington Distribution Corp.and without limitation, Burlington Coat Factory of TexasBJ Acquisition LLC, Inc., Burlington Xxxx Stores, Inc. and Burlington Coat Factory Warehouse Direct Corporation, and each of their parent entities, subsidiaries and affiliate companies, as applicable)(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”) DocuSign Envelope ID: 5211CE8E-0C92-4CCC-84E7-B5CAD57DB7B6 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 DBP or 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 Notices and relating to the Covered Product Products will develop or be discovered. CCPG Claimants on behalf of itself themselves and the CCPG Claimants Releasors, acknowledges acknowledge 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 Claimants 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 regarding alleged exposures to DBP or DEHP in the Covered ProductProducts.

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”) fully releases and waives any right to participate (directly or indirectly) in any litigation against (a) FantasiaAETL, and its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, (b) each of their 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 licensees (including but not limited to specifically, and without limitation, Authentic Brands Group LLC, Authentic Brands Group Inc., ABG-SLB, LLC, Burlington Merchandising CorporationCorp., Burlington Distribution Corp., Burlington Coat Factory of TexasStores, Inc., Burlington Stores, Inc. and Burlington Coat Factory Warehouse Corporation, and each of their parent entities, subsidiaries and affiliate companies, as applicable) (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 alleged exposures to DEHP in the any Covered Product, including all Covered Products manufactured prior to the Effective Date. 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 understands the significance and consequences of this specific waiver of California Civil Code Section section 1542. 5.3. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Releasee with Proposition 65 regarding alleged exposures to DEHP in the Covered Product.

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”) fully releases and waives any right to participate (directly or indirectly) in any litigation against claim against: (a) FantasiaAETL, and each of its respective equity owners, parents, subsidiaries, affiliates, sister and related companies, , (b) each of their AETL’s 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 specifically, and without limitation, Jordache Enterprises Inc., Xxxx Dress for Less, Inc. d/b/a dd’s Discounts, Xxxx Stores, Inc. d/b/a dd’s Discounts, Iconix International Inc., Iconix Brand Group, Inc., Icon DE Holdings LLC, Xxxx Dress for Less, Inc., Xxxx Stores, Inc., Burlington Stores, Inc., Burlington Merchandising CorporationCorp., Burlington Distribution Corp., Burlington Coat Factory of Texas, Inc., Burlington Stores, Inc. and Burlington Coat Factory Warehouse Corporation, and each of their parent entities, subsidiaries and affiliate companies, as applicable)(the entities identified in this subsection (b) are collectively referred to as “Downstream Releasees”), and 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 failure to warn about alleged exposures to DEHP DEHP, and/or DINP, and/or DBP, in any Covered Product(s), including all Covered Products manufactured prior to the Covered ProductEffective Date of this Agreement. 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 Product(s) 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 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 regarding alleged exposures to DEHP DEHP, and/or DINP, and/or DBP, in the Covered ProductProduct(s).

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) FantasiaXxxxx, 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 Stores, Inc., Burlington Merchandising CorporationCorp., 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 SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. CCPG 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 regarding alleged exposures to DEHP in the Covered Product.