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

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 indirectly, any form of legal action against the Released Parties arising out of the alleged or actual exposure to lead from use of the Covered Products. 4.2. HLF, on its own behalf only, on the one hand, and Company, on its own behalf only, on the other hand, 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 connections with the Notices. 4.3. It is possible that other claims not known to the Parties, arising out of the facts alleged in the Notices, and relating to the Covered Products, will develop or be discovered. HLF on behalf of itself only, and Company 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. HLF and Company acknowledge that the claims released in Sections 4.1 and 4.2 above may include unknown claims, and nevertheless 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: HLF on behalf of itself only, and Company on behalf of itself only, acknowledge and understand the significance and consequences of this specific waiver of California Civil Code section 1542. 4.4. The Parties agree that compliance with the terms of this Agreement shall constitute compliance by any Released Party with Proposition 65 regarding alleged exposures to lead or lead compounds in the Covered Products or Reformulated Products manufactured, purchased, distributed, or sold by Company after the Compliance Date.

Binding Effect; Claims Covered and Released. 4.1. 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 (collectivelyassigns, on the “Releasors”)one hand, unconditionally and generally releases and forever remisesXxxxx, acquitson behalf of itself, releases, satisfies and discharges PurpleRock Bioschwartz Opco LLC and its successor in interestrespective owners, Bioschwartz, LLC, and each of their respective direct and indirect corporate parents and subsidiaries, as well as the past, present and future ownersprincipals, shareholders, officers, directors, officers, employees, attorneysparent companies, insurerssubsidiaries, representativesheirs, franchiseesexecutors, cooperative membersdivisions, licenseesadministrators, predecessors, successors and assigns assigns, on the other, of all such persons any alleged violation of Proposition 65 or entitiesits implementing regulations for failure to provide Proposition 65 warnings for exposure to lead from the import, and also each entity who directly producing, manufacturing, marketing, distribution, sale or indirectly buysoffering for sale, distributeshandling, markets use or sells consumption of the Covered Products, including but not limited toand fully resolves all claims that have been asserted or could have been asserted based on the Notice, upstream manufacturersfor failure to provide Proposition 65 warnings. HLF hereby releases, downstream waives all claims against, and discharges Xxxxx, the Noticed Parties, and their respective owners, principals, shareholders, officers, directors, employees, parent companies, subsidiaries, suppliers, franchisees, licensees, customers, 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, downstream entities in the distribution chain for the Covered Products and the predecessors, successors and assigns of any of them) them (collectively, “Released Parties”), from and against for 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 expenses related to any alleged violation of Proposition 65 arising from one year prior to NOV to the date of this Agreement, whether known or unknown, for any failure to provide Proposition 65 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 indirectly, any form of legal action against the Released Parties arising out of the alleged or actual exposure to lead from use of the Covered Products. 4.2. 4.2 HLF, on its own behalf only, on the one hand, and CompanyXxxxx, on its own behalf only, on the other hand, 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 connections connection with the NoticesNotice. 4.3. 4.3 It is possible that other claims not known to the Parties, arising out of the facts alleged in the NoticesNotice, and relating to the Covered Products, will develop or be discovered. HLF on behalf of itself only, and Company Xxxxx 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. HLF and Company Xxxxx acknowledge that the claims released in Sections 4.1 and 4.2 above may include unknown claims, and nevertheless 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. HLF on behalf of itself only, and Company Xxxxx on behalf of itself only, acknowledge and understand the significance and consequences of this specific waiver of California Civil Code section 1542. 4.4. 4.4 The Parties agree that their compliance with the terms of this Agreement shall constitute compliance by any Released Party with Proposition 65 regarding alleged exposures to lead or lead compounds in the Covered Products or Reformulated Products manufacturedproduced, purchased, distributed, or sold by Company Xxxxx after the Compliance Date.

Binding Effect; Claims Covered and Released. 4.1. a. 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, attorneyssuccessors, assigns, on the one hand, and Nature’s Bounty, on behalf of itself, and its respective owners, principals, shareholders, officers, directors, employees, agents, parents, subsidiaries, affiliated legal entities, servants, heirs, executors, divisions, administrators, predecessors, successors, and assigns assigns, including without limitation NHS U.S. LLC, Nestle HealthCare Nutrition, Inc., The Bountiful Company, The Nature’s Bounty Co., Rexall Sundown, Nature’s Bounty (collectively, the “Releasors”DE), unconditionally Inc., Nature’s Bounty (NY), Inc., on the other, of any alleged violation of Proposition 65 or its implementing regulations for failure to provide Proposition 65 warnings of exposure to lead from the import, manufacturing, marketing, distribution, sale or offering for sale, handling, use, or consumption of the Covered Product for the Covered Period, and generally releases and forever remisesfully resolves all claims that have been asserted, acquitsor could have been asserted based on the Notice, for failure to provide Proposition 65 warnings for the Covered Product. HLF hereby releases, satisfies waives all claims against and discharges PurpleRock Bioschwartz Opco LLC Nature’s Bounty and its successor in interestrespective officers, Bioschwartz, LLC, and each of their respective direct and indirect corporate parents and subsidiaries, as well as the past, present and future ownersdirectors, shareholders, directors, officers, employees, attorneysagents, insurersparent companies, representativessubsidiaries, affiliated legal entities, divisions, suppliers, franchisees, cooperative members, licensees, successors and assigns of all such persons or entitiescustomers, 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, customersretailers and any upstream or downstream entities in the distribution chain for the Covered Product for the Covered Period, retailersincluding without limitation NHS U.S. LLC, and marketplaces Nestle HealthCare Nutrition, Inc., The Bountiful Company, The Nature’s Bounty Co., Rexall Sundown, Inc., Nature’s Bounty (including but not limited to PurpleRock Capital Partners LLCDE), Inc., Nature’s Bounty (NY), Inc., Xxxxxx.xxx, Inc., Xxxxxx.xxx Services LLC, Walmart, Inc., Wal-mart Stores East, LP The Kroger Co., Xxxxxxxx.xxx, Inc. Xxxxxxxx.xxx Inc., LLC and iHerb, LLCits affiliates, and the predecessors, successors and assigns of any of them) them (collectively, the “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 expenses asserted and related exclusively to any alleged violation of Proposition 65 arising from one year prior to NOV to the date of this Agreement, whether known or unknown, for any failure to provide Proposition 65 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, Product regarding lead. b. HLF, on behalf of itselfitself only, hereby releases 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 indirectly, any form of legal action against discharges the Released Parties from all claims, causes of action, suits, damages, penalties, liabilities, injunctive relief, declaratory relief, attorney’s fees, costs, and expenses arising out from or related to the presence of lead in the Covered Product as alleged or actual in the Notice, including without limitation any and all claims concerning exposure of any person to lead from use of in the Covered ProductsProduct for the Covered Period. 4.2. HLF, c. HLF on its own behalf only, on the one hand, and Company, Nature’s Bounty on its own behalf only, on the other hand, 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 connections connection with the Notices. 4.3. It is possible that other claims not known to the PartiesNotice, arising out of the facts alleged in the Notices, and relating to for the Covered ProductsPeriod; provided, will develop however, that nothing in Section 10 shall affect or be discovered. HLF on behalf of itself only, and Company on behalf of itself only, acknowledge that this Agreement is expressly intended limit any Party’s right to cover and include all such claims up through and including the Effective Date, including all rights of action therefore. HLF and Company acknowledge that the claims released in Sections 4.1 and 4.2 above may include unknown claims, and nevertheless waive California Civil Code section 1542 and any federal or state law of similar effect as seek to any such unknown claims. California Civil Code section 1542 reads as follows: HLF on behalf of itself only, and Company on behalf of itself only, acknowledge and understand the significance and consequences of this specific waiver of California Civil Code section 1542. 4.4. The Parties agree that compliance with enforce the terms of this Agreement. d. Compliance with all terms of this Agreement by Nature’s Bounty shall be deemed by the Parties to constitute compliance with Proposition 65 on and after the Covered Period by any Released Party, provided Nature’s Bounty ceases to conduct “Direct Sales to Consumers in the State of California” of Covered Products on or before the Direct Sales Compliance Date and provided further Nature’s Bounty ceases manufacture of the Covered Products on or before the Manufacture Termination Date. e. It is the Parties’ understanding that the commitments Nature’s Bounty has agreed to herein, and the actions to be taken by Nature’s Bounty under this Agreement, including payment of a Civil Penalty, would confer a significant benefit to the general public, as set forth in Code of Civil Procedure § 1021.5 and Cal. Admin. Code tit. 11, § 3201. As such, it is the intent of the Parties that, to the extent any other private party initiates an action alleging a violation of Proposition 65 with respect to any failure to provide a warning concerning exposure to lead prior to use of the Covered Products during the Covered Period, or with respect to Covered Products manufactured prior to the Manufacture Termination Date, such private party action would not confer a significant benefit on the general public as to those Covered Products addressed in this Agreement, provided that Nature’s Bounty complies with this Agreement. f. As a material term of this Agreement, HLF agrees that HLF shall not file an action or issue a Proposition 65 Notice of Intent to Sue letter against any Released Party with respect to a Covered Product, except in accordance with this Agreement, including the procedures in Section 10.g. below. HLF agrees that it shall not circumvent this restriction by counsel or another entity acting directly or indirectly on its behalf via another named enforcer. If HLF breaches this Agreement, HLF shall be subject to an injunction and agrees to submit to the jurisdiction of any Superior Court in the State of California. g. If HLF alleges that Nature’s Bounty has failed to comply with this Agreement, prior to filing an action or a Proposition 65 regarding Notice of Intent to Sue letter against any Released Party, HLF shall first provide Nature’s Bounty thirty (30) days’ advance written notice of the alleged exposures violation(s). HLF shall provide testing results, lot numbers, photographs of the Covered Product packaging for the Covered Product at issue or such other evidence HLF believes supports its allegations. The Parties shall meet and confer during such thirty (30) day period in an effort to lead resolve the matter informally without the need for litigation. HLF shall take no further action if during the thirty (30) day period, Nature’s Bounty provides HLF (i) persuasive evidence that no violation exists; or lead compounds (ii) corrective action has been, or is, taken to rectify the alleged violation. If the corrective action in good faith may take longer to complete than the initial thirty (30) day period, then Nature’s Bounty may have up to sixty (60) days to correct the alleged violation, provided the corrective action has commenced within the initial thirty (30) day period. If the matter is not resolved within thirty (30) days, or if the corrective action is not completed within sixty (60) days, HLF can file suit to enforce this Agreement in any Superior Court in the Covered Products or Reformulated Products manufactured, purchased, distributed, or sold by Company after the Compliance DateState of California.

Binding Effect; Claims Covered and Released. 4.1. 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 (collectivelyassigns, on the “Releasors”)one hand, unconditionally and generally releases and forever remisesGreen Wealth, acquitson behalf of itself, releases, satisfies and discharges PurpleRock Bioschwartz Opco LLC and its successor in interestrespective owners, Bioschwartz, LLC, and each of their respective direct and indirect corporate parents and subsidiaries, as well as the past, present and future ownersprincipals, shareholders, officers, directors, officers, employees, attorneysparent companies, insurerssubsidiaries, representativesheirs, franchiseesexecutors, cooperative membersdivisions, licenseesadministrators, predecessors, successors and assigns assigns, on the other, of all such persons any alleged violation of Proposition 65 or entitiesits implementing regulations for failure to provide Proposition 65 warnings for exposure to lead from the import, and also each entity who directly manufacturing, marketing, distribution, sale or indirectly buysoffering for sale, distributeshandling, markets use or sells consumption of the Covered Products, including but not limited toand fully resolves all claims that have been asserted or could have been asserted based on the Notices, upstream manufacturersfor failure to provide Proposition 65 warnings. HLF hereby releases, downstream waives all claims against, and discharges Green Wealth, its respective owners, principals, shareholders, officers, directors, employees, parent companies, subsidiaries, suppliers, franchisees, licensees, customers, distributors, wholesalers, customersretailers and any of Green Wealth’s suppliers only for ingredients or components used by Green Wealth to make the Covered Products, retailersdownstream entities in the distribution chain for the Covered Products including Elite Source Products, and marketplaces (including but not limited to PurpleRock Capital Partners LLCInc., Herbal Roots, Xxxxxx.xxx, Inc., and 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) them (collectively, “Released Parties”), from and against for 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 expenses related to any alleged violation of Proposition 65 arising from one year prior to NOV to the date of this Agreement, whether known or unknown, for any failure to provide Proposition 65 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 indirectly, any form of legal action against the Released Parties arising out of the alleged or actual exposure to lead from use of the Covered Products. 4.2. 4.2 HLF, on its own behalf only, on the one hand, and CompanyGreen Wealth, on its own behalf only, on the other hand, 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 connections with the Notices. 4.3. 4.3 It is possible that other claims not known to the Parties, arising out of the facts alleged in the Notices, and relating to the Covered Products, will develop or be discovered. HLF on behalf of itself only, and Company Green Wealth 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. HLF and Company Green Wealth acknowledge that the claims released in Sections 4.1 and 4.2 above may include unknown claims, and nevertheless 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. HLF on behalf of itself only, and Company Green Wealth on behalf of itself only, acknowledge and understand the significance and consequences of this specific waiver of California Civil Code section 1542. 4.4. 4.4 The Parties agree that their compliance with the terms of this Agreement shall constitute compliance by any Released Party with Proposition 65 regarding alleged exposures to lead or lead compounds in the Covered Products or Reformulated Products manufactured, purchased, distributed, or sold by Company Green Wealth after the Compliance Date. 4.5 HLF is currently unaware of any other violations of Proposition 65 by Green Wealth not being released in this Settlement Agreement, and has no test data indicating other violations of Proposition 65 by any of Green Wealth’s products not being released in this Settlement Agreement.

Binding Effect; Claims Covered and Released. 4.1. 5.1 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 owners, principals, shareholders, officers, directors, employees, agents, affiliates, parents, subsidiaries, executors, administrators, attorneyssuccessors, and assigns, on the one hand, and Xxxx Xxxx, on behalf of itself, and its respective owners, principals, shareholders, officers, directors, employees, agents, affiliates, parents, subsidiaries, servants, heirs, executors, administrators, successors, and assigns (collectivelyassigns, on the “Releasors”)other, unconditionally of any alleged violation of Proposition 65 or its implementing regulations for failure to provide Proposition 65 warnings of exposure to cadmium from the handling, use, or consumption of the Covered Product, and generally fully resolves all claims that have been asserted or that could have been asserted in this action up to and including the Effective Date for failure to provide Proposition 65 warnings for the Covered Product. HLF hereby fully releases and forever remises, acquits, releases, satisfies and discharges PurpleRock Bioschwartz Opco LLC Xxxx Xxxx and its successor in interestrespective officers, Bioschwartz, LLC, and each of their respective direct and indirect corporate parents and subsidiaries, as well as the past, present and future ownersdirectors, shareholders, directors, officers, employees, attorneysagents, insurersparent companies, representativessubsidiaries, divisions, affiliates, suppliers, franchisees, cooperative members, licensees, successors and assigns of all such persons or entitiescustomers, 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., all other upstream and iHerb, LLCdownstream entities in the distribution chain of the Covered Product, and the predecessors, successors and assigns of any of them) 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, expenses asserted or that Releasors have, had or may could have against been asserted as to any alleged violation of Proposition 65 up through and including the Released Parties Effective Date arising from one year prior to NOV to the date of this Agreement, whether known or unknown, for alleged failure to provide Proposition 65 warnings regarding cadmium on, or for causing alleged exposures exposure to lead from use of cadmium from, 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, Product. 5.2 HLF, on behalf of itselfitself only, hereby releases 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 indirectly, any form of legal action against discharges the Released Parties from all known claims, causes of action, suits, damages, penalties, liabilities, injunctive relief, declaratory relief, attorney’s fees, costs, and expenses arising out from or related to the claims asserted or that could have been asserted, under the law of the alleged or actual exposure to lead from use State of California, regarding the presence of cadmium in the Covered ProductsProduct or the facts alleged in the Notice, including without limitation any and all claims concerning exposure of any person to cadmium in the Covered Product up to, and including, the Effective Date. 4.2. HLF, 5.3 HLF on its own behalf only, on the one hand, and Company, Xxxx Xxxx on its own behalf only, on the other handother, 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 connections connection with the NoticesNotice, provided, however, that nothing shall affect or limit any Party’s right to seek to enforce the terms of this Agreement. 4.3. It is possible that other claims not known to the Parties, arising out of the facts alleged in the Notices, and relating to the Covered Products, will develop or be discovered. HLF on behalf of itself only, and Company 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. HLF and Company acknowledge that the claims released in Sections 4.1 and 4.2 above may include unknown claims, and nevertheless 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: HLF on behalf of itself only, and Company on behalf of itself only, acknowledge and understand the significance and consequences of this specific waiver of California Civil Code section 1542. 4.4. The Parties agree that compliance 5.4 Compliance with the terms of this Agreement shall be deemed to constitute compliance with Proposition 65 by any Released Party with Proposition 65 regarding alleged exposures to lead or lead compounds cadmium in the Covered Products Product. 5.5 Nothing in this Release is intended to apply to any occupational or Reformulated Products manufacturedenvironmental exposures arising under Proposition 65, purchasedexcept as otherwise provided in this Agreement, distributed, or sold by Company after nor shall it apply to any of Hama Hama products other than the Compliance DateCovered Product.