Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims
Claims Covered and Released. 4.1 Xxxxxxx’x Release of Proposition 65 Claims
4.2 Xxxxxxx’x Individual Release of Claims
Claims Covered and Released. 4.1 Xxxxxxx’s Release of Proposition 65 Claims Xxxxxxx acting on his own behalf, and not on behalf of the public, releases Five Below, its parents, subsidiaries, affiliated entities under common ownership including, but not limited to 1616 Holdings, Inc., directors, officers, agents employees, attorneys, upstream manufacturers, distributors or suppliers of the Products or any component part thereof (but only with respect to Products actually acquired by or sold to Five Below, Inc. or 1616 Holdings), and each entity to whom Five Below or 1616 Holdings, Inc. directly or indirectly distributes or sells Products, including, but not limited, to downstream distributors, wholesalers, customers, retailers, franchisees, cooperative members, importers, and licensees (collectively, “Releasees”), from all claims for violations of Proposition 65 through the Effective Date relating to unwarned exposures to DEHP in the Products. The Parties further understand and agree that except as expressly stated in the above, this Section 4.1 release shall not extend upstream to any entities that manufactured the Products or any component parts thereof, or any distributors or suppliers who sold the Products or any component parts thereof to Five Below or 1616 Holdings, Inc.
4.2 Xxxxxxx’s Individual Release of Claims Xxxxxxx, in his individual capacity only and not in his representative capacity, provides a release herein which shall be effective as a full and final accord and satisfaction, as a bar to all actions, causes of action, obligations, costs, expenses, attorneys' fees, damages, losses, claims, liabilities, and demands of Xxxxxxx of any nature, character, or kind, whether known or unknown, suspected or unsuspected, arising out of alleged or actual exposures to DEHP in the Products manufactured, imported, distributed, or sold by Five Below or 1616 Holdings, Inc. prior to the Effective Date. The Parties further understand and agree that, except with respect to upstream manufacturers, distributors or suppliers of the Products or any component part thereof (but only with respect to Products actually acquired by or sold to Five Below, Inc. or 1616 Holdings), this Section 4.2 release shall not extend upstream to any entities that manufactured the Products, or any component parts thereof, or any distributors or suppliers who sold the Products, or any component parts thereof to Five Below or 1616 Holdings, Inc.
Claims Covered and Released. 5.1 Englander’s Release of Proposition 65 Claims
Claims Covered and Released. 5.1 Full, Final and Binding Resolution of Proposition 65 Allegations
Claims Covered and Released. 4.1 EHA’s Release of BCG
4.2 BCG's Release of EHA
Claims Covered and Released. 6.1 XxXxxxx’x Release of Noticed and Related Parties
Claims Covered and Released. 7.1 This Settlement Agreement is a full, final and binding resolution between CEH on behalf of itself and Settling Defendant and Settling Defendant’s parents, subsidiaries, affiliated entities that are under common ownership, directors, officers, employees, agents, shareholders, successors, assigns, and attorneys (“Defendant Releasees”), and all entities to which Settling Defendant directly or indirectly distributes or sells Covered Products, including but not limited to distributors, wholesalers, customers, retailers, franchisees, licensors and licensees (“Downstream Defendant Releasees”), of any violation of Proposition 65 based on failure to warn about alleged exposure to NDEA contained in Covered Products that were sold, distributed or offered for sale by Settling Defendant prior to the Effective Date.
7.2 CEH, for itself, its agents, successors and assigns, releases, waives, and forever discharges any and all claims against Settling Defendant, Defendant Releasees, and Downstream Defendant Releasees arising from any violation of Proposition 65 or any other statutory or common law claims that have been or could have been asserted by CEH regarding a violation of Proposition 65 and/or the failure to warn about exposure to NDEA arising in connection with Covered Products manufactured by or for Settling Defendant prior to the Effective Date .
7.3 Compliance with the terms of this Settlement Agreement by Settling Defendant shall constitute compliance with Proposition 65 by Settling Defendant, its Defendant Releasees and its Downstream Defendant Releasees with respect to any alleged failure to warn about NDEA in Covered Products manufactured, distributed or sold by Settling Defendant after the Effective Date.
Claims Covered and Released. 4.1 Dr. Held’s Release of Proposition 65 Claims
Claims Covered and Released. 4.1 Citizen Enforcers’ Release of Proposition 65 Claims
